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2008 CON Ironman Parts & Services - Equipment Retrofitting
AGREEM ENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND IRONMAN PARTS & SERVICES THIS AGREEMENT is entered into this 21st day of October, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and IRONMAN PARTS & SERVICES, a California company (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to retrofit existing diesel equipment for compliance with the California Air Resources Board regulations. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A (Bid #GS0809-1)". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. David Pease, Equipment Maintenance Supervisor hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision I and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Sandra Fetters thereby is designated as the Project Coordinator for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the base amount) without prior written authorization from the Purchasing Agent. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". All work under this contract must be completed by 12/31/08. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and 2 City's Standard Agreement — June 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 City's Standard Agreement — June 2008 revision 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 City's Standard Agreement — June 2008 revision The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial General Liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' Compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 City's Standard Agreement — June 2008 revision F. Said policies, except for the Professional Liability and Workers' Compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 City's Standard Agreement — June 2008 revision 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Brenda E. Hodges, C.P.M. Purchasing Agent City of National City 2100 Hoover Avenue National City, CA 91950-4301 7 City's Standard Agreement — June 2008 revision To CONTRACTOR: Ironman Parts & Services 2535 Anselmo Drive Corona, CA 92879 PH (951)735-3710 FX (951)734-5833 EM sfetters@ironmanparts.com Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 8 City's Standard Agreement — June 2008 revision Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 City's Standard Agreement — June 2008 revision SSA #141, Bid #GS0809-1 CITY OF NATIONAL CITY B Ran Morrison, Ma APPROVED AS TO FORM: George H. Eiser, III City Attorney SSA #141 (Corporation — signatures of two corporate officers) (Partnership— one sign (Sole proprietorship — By: (Name) (1,ratc Idittas (Print) tJ frct e,141— (Title) By: (N 10 f� 6-6-y /11 /LL �12 (Print) ,ce-71y (Title) City's Standard Agreement — June 2008 revision ACORD CERTIFICATE OF LIABILITY INSURANCE OP IDBT AFSIN- 1 DATE (MMIDDIYYYY) 10/07/08 PRODUCER ASM Universal Underwriters Insuran 7045 College Blvd. Overland Park RS 66211 Phone: 800-840-8842 Fax: 913-469-3769 ENSURED AFS, Inc dba Ironman Parts 2535 Anselmo Drive Corona CA 92879 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE USURER A INSURER B INSURER C INSURER D Westrope & Associates NAIC # INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED NOTIMTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL -HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS : POLICY EXPIRATION • DATE (FIMIDOTY) MISR LTR yB'DOT. POLICY EFFECTIVE ISRD TYPE OF INSURANCE POLICY NUMBER DATE (MMRIDIYY) LIMITS II I GENERAL _._ LIABILITY COMMERCIAL GENERAL LIABILITY _.I CLAIMS MADE r-.1 OCCUR EACH OCCURRENCE f DAMAGE TO RENTED PREMISES (Es OCCHTO ) , f MED E%P (Any ore perm) PERSONAL B ADV INJURY GENERAL AGGREGATE .._.—_.— -.. .._.._— f f • GENI. AGGREGATE LIMIT APPLES PER PRODUCTS • COMP/OP ASS f r— PRO• POLICY JECT LOC I AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NCR•OWNED AUTOS COS/SIRED SINGLE LIM T (EA IrComl) f BODILY INAJRY (Per Parton) • BODILY INJURY (Per wcdtnl) PROPERTY DAMAGE (Per Appdml) GARAGE UABWTY ANY AUTO - _ AUTO ONLY • EA ACCIDENT EA ACC OTHER THAN AUTO ONLY AGG f f — f EXCESS/UMBRELLA LUBLITY EACH OCCURRENCE f OCCUR CLAIMS MADE DEDUCTIBLE RETENTION f AGGREGATE S f f f WORKERS COMPENSATION AND EMPLOYERS. LIABLITY ANY PROPRIETORRARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' N yet. dew.. under SPECIAL PROVISIONS Mbw I WC S ITS ER TOR,' LIMITS OER EL EACH ACCIDENT S E L DISEASE • EA EMPLOYEE f f E L DISEASE • POLICY LIMIT OTHER A ;Professional Liab 03036282 08/02/08 08/02/09 per Claim 1,000,000 Ret/Ded 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 CERTIFICATE HOLDER CANCELLATION NATIONAL CITY PURCHASING DEPT 2100 HOOVER AVENUE NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAR 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Bruce Hawley-A-AE-SCA-W ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)10/03/2008 PRODUCER Zurich, ASM Account Service Center 7045 College Blvd. Overland Park, KS 66211 Fax: 888-734-6776 Ph: 877-225-5276 opt. 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED 0201315-01 IRONMAN PARTS & SERVICE AFS, INC. DBA 2535 ANSELMO DRIVE CORONA, CA 92879 INSURER A: Universal Underwriters Insurance Company 41181 INSURER B: Universal Underwriters of Texas Ins. Co. 40843 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDM) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY BIL COMMERCIAL GENERAL LIABILITY 287501 08/03/08 08/03/09 EACH OCCURRENCE $ 300,000 X DAMAGE RENTED o PREMISES (Ea occurrence) $ CLAIMS MADE X OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: RO- POLICY ❑ JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1 ,000,000 A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS -OWNED AUTOS 287501 08/03/08 08/03/09 COMBINED SINGLE LIMIT (Ea accident) $ 300,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ XNON PROPERTY DAMAGE (Per accident) $ A X GARAGE LIABILITY ANY AUTO 287501 08/03/08 08/03/09 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ 300,000 AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 287501 08/03/08 08/03/09 EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ 0 PRODUCTS COMP/OP AGG $ 4,000,000 $ X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATUTORY LIMITS OTHER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT t OTHER Customer Auto - Direct Primary 287501 08/03/08 08/03/09 $ 120,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents and employees are named as an Additional Insured ONLY if loss is due to negligence of the Named Insured. Umbrella acts as excess liability to provide the required $2,000,000 Limit. CUSTOMER AUTO - DIRECT PRIMARY (END. 0389) CUSTOMER AUTO LEGAL LIABILITY FOR NATURAL DISASTERS Reason for Certificate: PRODUCTS SUPPLIED 30 day notice of cancellation applies, except for cancellation due to non-payment of premium. CERTIFICATE HOLDER CANCELLATION THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY,CA 91950 Attn: DEBBIE LUNT Fax: 1-619-336-4597 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ,�. CMWO - 060552 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Name and Address of Insured: UNIVERSAL UNDERWRITERS INSURANCE COMPANY 7045 College Boulevard, Overland Park, KS 66211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IRONMAN PARTS & SERVICE AFS, INC. DBA 2535 ANSELMO DRIVE CORONA, CA 92879 ASM Account #0201315-01 Territory #B61 ENDORSEMENT NUMBER 533 OTHER INSURED — (AUTO) The WHO IS AN INSURED condition in this Coverage Part is changed by adding the following to "With respect to AUTO HAZARD": (5) The person or organization shown in the declarations as applicable to this endorsement, its directors, officers and employees but only with respect to your negligent acts. The who is not an insured condition in this coverage part does not apply to this endorsement. This endorsement modifies insurance provided under the following: POLICY NUMBER POLICY PERIOD COMMERCIAL GENERAL LIABILITY (COVERAGE PART 500) 287501 08/03/08-08/03/09 Name of Person or Organization: THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Date October 6, 2008 Countersigned by: Authorized Representative A ACORDrM CERTIFICATE OF LIABILITY INSURANCE PRODUCER GERALD B HIER INSURANCE AGENCY 100 S Citrus Ave Ste 204 Covina, CA 91723 I (800) 300-1922 INSURED AFS,Inc.,Zippy Lube-A-Truck, Inc. Ironman Renewal, LLC 2535 Anselmo Drive Corona, CA 92879 I DAT E (MMIOO(YYYY) 10/7/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Mid -Century Insurance INSURER B: INSURER C: NAIC# INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Abb'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEIMMIDD/YYI POLICY EXPIRATION DATE(MM/DOIYY) LIMITSLTR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ UAMAUE I U HEN iED PREMISES (Ea (ccurence) $ CLAIMS MADE OCCUR MEDEXP(Any one person) S PERSONAL BADVINJURY $ .i GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: 1 PRO POLICY I JECT LOC PRODUCTS - COMP/OP AGG S A X AUTOMOBILE _____ LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS ' NON -OWNED AUTOS 60467-24-87 08/03/08 08/03/09 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per parson) ` X x X BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ . , GARAGE LIABILITY ANYAUTO I AUTO ONLY -EA ACCIDENT S EA ACC OTHER THAN S AUTO ONLY. AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S O OCCUR ri CLAIMS MADE AGGREGATE S DEDUCTIBLE RETENTION $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLCDED7 II yes. describe under SPECIAL PROVISIONS below WC OTH- TORYIMITS FR ORYLIMIT E L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT S A OTHER Hired Auto Physical Damage 60358-50-12 08/03/08 08/03/09 $50,000.00 per occurance DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS City of National City is named as additional insured CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES f AUTHORIZED REPRES (1'A IVE GAr• ACORD 25(2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDIT.ONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001108) 142 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID BM AIRCO-1 DATE(MMIDD/YYYY) 10/01/08 PRODUCER Automotive Af termarket Svcs 0B82045 6939 Sunrise Blvd. Suite #111 Citrus Heights CA 95610-7634 Phone: 888-383-2274 Fax: 916-676-0828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED AFS, Inc. (dba) Ironman Parts & Service Ravel Golden 2535 Anselmo Drive Corona CA 92879 INSURER A. Oak River Insurance Company INSURER B: INSURER C INSURER O: INSURER E. COVERAGES THE ANY MAY POLICIES. TI 91--AIS(S'L LTR POLICIES REQUIREMENT, PERTAIN, INSRO OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/ODNY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTLD PREMISES (Ea occuranco) S CLAIMS MADE OCCUR MED EXP (Any ono person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ —1 POLICY — JECT [ LOC AUTOMOBILE UABILTIY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE. LIMIT (Ea acckonl) S BODILY INJURY (Par pawn) S ,._, BODILY INJURY (PC &moaeel) S PROPERTY DAMAGE (Pa acciGeM) S GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY. AGO S EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S _ J OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE RETENTION S $ S S WORKERS COMPENSATION ANO EMPLOYERS' TY ANY PROPRIETOR/PARTNER/EXECUTIVE: OFFICER/MEMBER EXCLUDED? II yes. daunt,* unSel SPECIAL PROVISIONS below 2200053633-081 08/03/08 08/03/09 Z._ WC TORYLIMITS OER EL. EACH ACCIDENT S 1000000 EL. DISEASE - EA EMPLOYEE S 1000000 El DISEASE • POLICY LIMIT S 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS All California Operations. Waiver of Subrogation endorsement attached. CERTIFICATE HOLDER CANCELLATION CITYNAT The City of National City Debbie Lunt 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILR'Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE UITZSZ-An AgCy Owned by Zu icfi cf ACORD 25 (2001/08) 11. © ACORD.CORPORATION 19 Oak River Insurance Company PO Box 881236, San Francisco, CA 94188 Phone: (888) 495-8949 Fax: (866) 228-4613 Automotive AfterMarket Services Automotive Aftermarket - Auto Repair (Citrus Heights) 6939 Sunrise Blvd. Suite 111 Citrus Heights, CA 95610 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED: AFS, INC. DBAs: See extension page on policy 2535 ANSELMO DRIVE CORONA, CA 92879 The following documents provide details for the following endorsement: Subro Waiver Endorsement (Specific) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02A (Ed 1-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA PER -PROJECT (SPECIFIC) BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.00 % of the California workers' compensation premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5.00% of risk standard premium. The minimum premium for this endorsement is $ 350,00 Schedule Person or Organization City of National City 1243 National City Blvd., National City, CA 91950 Job Description RE: all projects and services This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/03/2008 Insured AFS, INC. Insurance Company Oak River Insurance Company Policy No.2200053633-081 Endorsement No. 4 Premium $ Countersigned by WC 99 04 02A (Ed 1-07) 1� City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950 Ph: (619) 336-4570 Fax: (619) 336-4597 E\th6ok-k- 'A' CITY OF NATIONAL CITY REQUEST FOR BID Bid #: GS0809-1 Title: Diesel Retrofit Equipment to conform with Ca. Air Resources Board Regulations Date Issued: August 13, 2008 Pre -Bid Conference: Monday, August 25, 2008 at 11:00am. See `Special Conditions' section of bid Final Questions Due:: Wednesday, September 3, 2008 at 5:00pm. See 'Special Conditions' section of the bid. Bids Due: Thursday, September 25, 2008 by 3:30 p.m. Note: Bids must be received in the Purchasing Office, at the address above, by the date & time shown. Note: • Bid is subject to all terms and conditions contained herein. • For information call: Brenda E. Hodges, C.P.M. Purchasing Agent (619) 336-4570 ® Recycled Paper INSTRUCTIONS FOR COMPLETING REQUEST FOR BID OR PROPOSALS 1. Where applicable, price each item separately. Prices should be stated per unit(s) specified herein. 2. Bids/Proposals must be submitted to, and received by, the Purchasing Agent, City of National City, 2100 Hoover Avenue, National City, CA 91950, by the time and date specified on the cover page. Submittals will be publicly opened at that time. 3. Bids must be submitted using the forms and return address label provided as a part of this bid package. If the form is deemed inadequate, additional information may be submitted with the proposal, via an attachment of catalogs, drawings, photographs or letter. Letters repeating prices and details from the City's specifications should be omitted. Prices shall be firm and not subject to escalation unless allowed in "Special Conditions" section of this bid. The enclosed label should be attached to the envelope in which the bid/proposal is being mailed, so that it is clearly identified as such. 4. Bids/proposals shall be prepared in ink, by typewriter or on computer. Pencil is unacceptable. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal. 5. Bids/proposals are subject to acceptance at any time within 30 days after opening of same, unless otherwise stipulated by the City. 6. Bids/Proposals received after the prescribed time of opening will be time stamped and returned to the bidder unopened. See #2 above. 7. If you choose to "NO BID", or not to respond to this request, return the cover page and state reason; otherwise your name may be removed from the City's bidder list. 8. Should a vendor find discrepancies in, or omissions from the specifications, or be in doubt as to their true meaning, vendor may request an interpretation from the Purchasing Agent. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of, or change to the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. continued on next page In the case of a conflict or discrepancy between instructions in the "Standard Terms and Conditions" and the "Special Terms and Conditions" sections of this proposal, the instructions specified in the "Special Terms and Conditions" shall prevail. In the case of conflict between any terms and conditions and actual product specifications, the product specifications shall prevail. 9. Failure to respond to any portion of the Specification may be cause for rejection of bid. 10. Any vendor who wishes to withdraw its bid/proposal must do so before the time and date established for opening. 11.If there are any questions or comments relative to technicalities of the bid/proposal, they must be submitted in writing to the City Purchasing Agent within 24 hours after the due date and time. 12.Vendor shall read all attached terms, conditions and specifications carefully; they are a part of the bid/proposal and shall be submitted with your response on the due date. 13. No bid/proposal shall include federal excise tax, inasmuch as the City is exempt and will furnish exemption certificate upon request. Prices shall not include state sales or use tax, and taxes should only be listed if a separate and specific space has been provided. The City will pay applicable state sales or use taxes. Ti- STANDARD TERMS AND CONDITIONS FOR REQUEST FOR BIDS or PROPOSALS 1. EQUAL OPPORTUNITY Each vendor, having a contract with the City in excess of $10,000 annually, shall comply with the City's Equal Opportunity Program. This requires vendors to have an Equal Opportunity Program of their own, a copy of which must be submitted with the bid, or otherwise filed with the City's Purchasing Department. Companies with fewer than fifteen (15) regular, full-time employees at the time of award, are exempt. The object of this program is to assure that vendors will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin; and will take action to assure that applicants are employed and that employees are treated, during employment, without regard to race, color, religion, sex, or national origin. A copy of the City's Equal Opportunity Program, which is incorporated herein by reference, will be furnished upon request. The City of National City, as a matter of policy, encourages the participation of small, minority, women and handicapped owned businesses. 2. ASSIGNMENT OF RIGHTS TITLE AND INTEREST In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Page 1 3. AWARDS Bids will be awarded to the lowest responsive, responsible bidder(s). The City however, reserves the right to reject any or all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bid or in the bidding. The City reserves the right to make the award to the overall low bidder, or to split the award amongst the bidders. Award of the bid to be made within 30 days after the bid opening date, unless otherwise notified by the City. Proposals will be awarded based on best value, and to the vendor who provides the best solution to the City. In determining the lowest bid, discounts of 21 days or greater will be considered; however, pricing less than 21 days will be considered net. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered unresponsive and will be rejected. Prices shall include all freight charges. 4. CAL OSHA As applicable, all items furnished under this bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended. 5. CONFLICT IN TERMS A purchase order resulting from this Request for Bid or Proposal will include all specifications, terms and conditions. The City's terms and conditions will take precedence over other terms and conditions. 6. DELIVERY Time is of the essence, and the Purchase Order is subject to termination for failure to deliver on time. The acceptance by buyer of later performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. Page 2 24- 7. INSPECTION All items or services are subject to final inspection and acceptance by the City. Defective items will be rejected by the City or made good by the vendor in a manner satisfactory to the City. Such final inspection shall be made within a reasonable time after delivery. 8. UNRESPONSIVE BIDS/PROPOSALS Bids or Proposals submitted in response to the City's request must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the Request for Bid/Proposal indicates alternate specifications will be acceptable. 9. PRICING In the event of a conflict between unit price and bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the bid/proposal will be rejected as unresponsive for reason of inability to determine the intended offer. 10. REJECTION OF BIDS/PROPOSALS The City reserves the right to reject any and all bids/proposals, should it deem necessary for the public good; and also the bid/proposal from any bidder who has been delinquent or unfaithful in any former contract with the City; and to accept or reject any item(s) thereon, or waive any informality in the process. 11. SAMPLES When requested, bidders shall submit properly marked samples of the article(s) on which the bid is made to the City. Any sample submitted must be clearly marked in such a manner that the marking is fixed, so that the identification of the sample is assured. Such marking shall state: (1) name of bidder, (2) bid number, and (3) item number. Samples, when required, must be furnished free of expense to the City, and if not destroyed by tests, will upon request be returned at the bidder's expense. 12. SIGNATURE All offers must be signed with the firm name and by an authorized officer or employee. The name is to be typed or printed along with signature. Obligations assumed by such signature must be fulfilled. Page 3 2� 13. TERMINATION A. The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price. B. The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such terminations: 1. The unit or pro-rata price for the delivered and accepted portion. 2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. 3. In no event shall the City be liable for any loss of profits on the resulting order portion thereof so terminated. C. The rights and remedies of the City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 14. TITLE Title to the material and supplies purchased shall pass directly from vendor to City at the F.O.B. point shown, subject to the right of City to reject upon inspection. Page 4 15. VARIATIONS IN SPECIFICATIONS The City reserves the right to waive a variation in specifications if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. 16. WARRANTIES Vendor agrees that the supplies or services to be furnished shall be covered by the most favorable commercial warranties the vendor gives to any customer for the same or substantially similar supplies or services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to the City. 17. FAILURE TO RESPOND In the event your company fails to respond to two (2) consecutive "Request for Bids/Proposals", your company will be deleted from the Purchasing Division's bidder list. Reinstatement can be accomplished upon request. 18. HAZARDOUS MATERIALS a. If the product being supplied contains any material which is listed on California OSHA Director's List, and/or California Administrative Code Title 22, Public Health Service Chapter 30 as hazardous; the successful bidder shall forward a Material Safety Data Sheet (MSDS), (OSHA Form 20), referencing the Purchase Order Number, to San Diego County, Department of Health Services, 1700 Pacific Highway, San Diego, CA 92101, Attn: Occupational Health Engineer, and to the National City Fire Department, 333 East 16th Street, National City, CA 91950 -4596, and to the Purchasing Agent at 2100 Hoover Avenue, National City, CA 91950-6599. b. In accordance with National City Council Policy, vendor shall not provide or deliver any product containing fully halogenated chlorofluorocarbons (CFC's) unless specifically authorized by the National City Purchasing Agent. If any of the items specified in this bid contain CFC's please alert the Purchasing Agent immediately. Page 5 Zi 19. INDEMNIFICATION The Bidder shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, or any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this bid, and from any and all claims occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Contractor in the performance of this contract. 20. BUSINESS LICENSE All vendors conducting business within the corporate limits of the City of National City must procure a business license. (Ref.: NCMC 6.04). Additional information may be obtained by calling the Business License Inspector at (619) 336-4265. 21. SPECIFICATIONS The specifications contained herein are to be considered as minimum. Vendors may offer equipment which exceeds these requirements, however, equipment which fails to meet the minimum requirement shall be considered as non- responsive to our needs. Any additions, deletions or variations to this specification must be stated. Bidder must furnish descriptive literature, complete specifications and data on the equipment proposed to be furnished. 22. AVAILABILITY OF FUNDING The City reasonably believes that funds are available for this purchase. However, depending on cost and budget availability at the time, the City may or may not make an award. The City's obligation for payment of any contract beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the City shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. LOCAL TAX INCENTIVE The City of National City receives sales tax revenue of approximately 1% of all taxable sales transacted in the City, and an additional 1% due to Proposition 'D'. Therefore, an adjustment of 2% may be made for bids submitted by local vendors. This 2% "deduction" will be made for evaluation purposes only, in an effort to determine the true cost to the City and therefore determine the lowest bid. A "local vendor" is defined as having a fixed location within the corporate limits of National City. Local vendors having multiple locations, must agree that any sales made to the City of National City, be negotiated from the National City location, and thus declared on the "State, Local and District Sales and Use Tax Return" filed with the State Board of Equalization as having National City as the point of sale. If the award is made to a local vendor, the City of National City may require a copy of the "State, Local and District Sales and Use Tax Return" submitted to the Finance Director. All returns will be treated in a confidential manner. By virtue of your signature on the bid package, you acknowledge, understand and agree with the above policy. z�i BRAND NAME OR EQUAL The use of the name of a manufacturer, or any special brand or make, in describing any item in the bid documents does not usually restrict bidders to that manufacturer or specific article. Such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of product that will be satisfactory. However, some items in this bid may have as part of their description, the term "No Sub". In order to provide uniformity and continuity in personnel training and service, or to maintain the integrity of standardization of products, or to conform to our current mode of operation, do not substitute these items. For items identified in this manner, no bids for substitute or equal items will be considered. Notwithstanding the foregoing, the City may impose additional restrictions in the Specifications or Special Conditions sections of these documents. If the bidder proposes to furnish an "equal" product, the brand name of the alternate item should be clearly stated on the bid form. Unless clearly indicated by the vendor that an "equal" product is being offered, the bid will be considered as offering the brand name product specified. If alternates are bid, literature must be submitted with the bid in order for the alternate to be considered. Literature must be descriptive enough for the Purchasing Agent to determine: (1) whether the product offered meets the minimum specifications required, (2) exactly what the bidder proposes to furnish, and (3) what the City would be committing itself to, by making the award. All items on which bids are submitted must in all cases be equal or better in quality and utility than those specified by the City. Determination of equality and acceptability of alternate products shall be solely at the discretion of the Purchasing Agent. The City reserves the right to waive a variation in specification if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. If the bidder proposes to modify a product so as to make it conform to the requirements of the request for bids, the bidder shall: (1) include with the bid, a clear description of such proposed modifications, and (2) clearly mark any descriptive material to show the proposed modifications. Modifications proposed after the bid opening to make a product conform to a brand name product referenced in the Request for Bids will not be considered. Caution to Bidders: The Purchasing Agent is not responsible for locating or securing any information which is referenced by the vendor, but not included with the bid response, and which is not reasonably available to the purchasing activity. SPECIAL CONDITIONS Pre -Bid Conference. A pre -bid meeting will be held on Monday, August 25, 2008 at 11:00 am. Location: Public Works Department Conference Room, 2100 Hoover Avenue, National City, CA 91950. Please check -in at the front counter. The first part of the meeting will occur in the conference room, followed by an equipment inspection at the same location. Please be on time. Although this meeting is not mandatory, you are highly encouraged to attend, since this may be the only time that the equipment will be available for inspection, or that you will be able to ask questions. Vehicle inspection will help you determine how to approach the retrofit, and what parts/equipment/labor costs to include in your bid response. Everyone attending the meeting will be required to sign in. Questions: Any questions you have should be brought up or addressed at the Pre -Bid Conference. However, if you do not attend the conference, or you have additional questions prior to submitting your bid, you must submit them in writing to the Purchasing Agent no later than September 3, 2008 at 6:00pm. This will allow sufficient time to issue an addendum prior to the due date for bids. Questions should be sent to the Purchasing Agent at 2100 Hoover Avenue, National City, CA 91950; or faxed to (619)336-4597; or emailed to: bhodges@nationalcityca.gov. nationalcityca.gov. All questions should reference "Bid #GS0809-1" and the Page/Section you are asking about. Addenda: Any changes or clarifications that need to be made to the bid documents (as a result of the pre -bid walk-through, or final date for questions) will be done via a written addendum. Addenda will be mailed to all vendors on the original mailing list. If you have obtained this bid package from someone other than the National City Purchasing Department, it will be your responsibility to follow up to see if any addenda were issued. All addenda are considered part of the bid package and subsequent award. Technical Representative: The City has designated the following individual as the Contracting Officer's Technical Representative (COTR): David Pease, Equipment Maintenance Supervisor at (619) 336-4588. The COTR is designated to receive vendor invoices, approve invoices for payment, coordinate pick-up and delivery, and provide technical guidance as required. The COTR is NOT authorized to change any terms or conditions of the bid or subsequent purchase orders. Changes to the specifications or Scope of Work shall be made only by the Purchasing Agent, by issuing a properly executed Change Order to amend the Purchase Order. Work Conformity: All work (which term throughout this clause includes the work performed, material furnished or utilized in the performance of the work, and workmanship in the performance of the work) shall be subject to inspection and test by the City. If any of the work performed hereunder is not in conformity with the requirements of this bid, the City shall have the right to require the contractor to perform the work again, in conformity with the requirement of the contract, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by the re -performance of the work, or the vendor fails to promptly perform the work in conformity with this bid, the City shall have the right to: a) perform the work, or have the work performed, in conformity with the requirements of the contract; and/or b) reduce the bid price to reflect the reduced value of the work performed, or otherwise charge the vendor any cost occasioned to the City that is directly related to the performance of such work; and/or c) terminate this contract for default. Authorization: Awarded vendor/installer must be authorized by the parts/equipment manufacturer to install and maintain the proposed parts/equipment. Experience/References: Bidders must have previous experience performing this work for another public agency. Please list references on a separate sheet of paper, and submit with the bid response. Describe work done, and include agency name, contact name, phone number and/or email address. Price Schedule: The attached Price Schedule must be used, however additional information may be submitted with the bid if desired. Bids must include all costs for all parts, labor, and transportation associated with the initial retrofit, and any required repairs during the warranty period. Work Location: Work under this contract may be performed on the vendor's site or on City property, whichever is most cost-effective for the City. Specify location for each piece of equipment on the Price Schedule attached. Fuel Costs: If work is to be performed at a location other than City property, the vendor must pay for fuel costs. The City will ensure that the fuel tanks are full at the time of pick-up. Vendor must deliver the vehicles with full tanks. Otherwise, the City will deduct the cost to top -off the tank from the vendors invoice. Air Resources Board (ARB) Regulations: All parts and equipment proposed in your bid, must be approved by ARB. All filters will be "Cleaire" brand, or equal, as determined/approved by ARB. All labor and installation performed as a result of this bid must be in accordance with ARB Executive Order #DE-05-010-01, and any 32 applicable ARB rules and regulations. Equipment must be retrofitted with the "best available control technology" (BACT) diesel particulate filers. All ARB information and regulations may be found on the ARB website at www.arb.ca.gov. The awarded vendor is responsible for ensuring compliance with ARB regulations. Warranty: The awarded vendor must warrant that the installation is free from defects in workmanship or materials which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to or the other requirements of Sections 2700-2706 for the minimum time periods shown in Table 5. To access these sections and tables, go to the ARB website (specifically www.arb.ca.gov/diesel/verdev/verdev.htm). Click on "Regulation for the verification procedures for in -use strategies to control emissions from diesel engines". Scroll down to see the referenced Sections and Table. Service Agreement: The City's professional service agreement is required for all contracted services. A "sample" agreement is enclosed. This agreement is considered part of this solicitation and will be part of the subsequent award. Once an apparent low bidder has been identified, the "actual" agreement will be drafted for signature. Upon receipt of the signed original and the required insurance documents, the package will be submitted for Council approval and award. Equipment Location: Public Works, Equipment Maintenance Division, 2100 Hoover Avenue, National City, CA. 91950. Equipment will be picked up at, and/or delivered to this location. F.O.B Point: Bids must be quoted FOB National City Public Works. See equipment location above. No shipping, delivery or transportation charges will be paid by the City. Award: The award will be made to the lowest responsive, responsible bidder(s). The City, however, reserves the right to reject any or all bids, to accept or reject any one or more items on a bid, or to waive any irregularities or informalities in the bid, or in the bidding. The City reserves the right to award to the overall low bidder, or to split the award, therefore you may bid on all or part of the items. Notice to Proceed: Upon approval and award by the City Council, a purchase order will be issued. The purchase order will function as the "Notice to Proceed". Delivery Notification: Awarded vendor must notify David Pease, Equipment Maintenance Supervisor at (619) 336-4588 with a minimum of twenty-four (24) hours notice of intent to deliver. Please remember that we are closed on Fridays. To be submitted with this bid: References, per "Special Conditions" section All issued addenda Price Schedule Signature Section SPECIFICATIONS General description of work: Retrofit the diesel particulate filters on the following pieces of equipment, so that they will conform with California Air Resources Board (ARB) Regulations. Vehicles must pass an ARB inspection prior to acceptance by the City. Item #1 2000 International Harvester Truck, model #4700 (city fleet #392) Engine details: Make: International Harvester IHC Model: #DT466E C195 Family: #YNVXH0466ANA Manufacturer #1833189C1 Item #2 2001 Ford F450 Truck with Rodder (city fleet #410) Engine details: Make: Ford Model: 7.3L Family: I NVXH073ANA Manufacturer #: unknown Item #3 2002 Thomas Bus/Converted School Bus (city fleet #425) Engine details: Make: Cummins Model: EFISB 190 356 5.9L Family: YCEXH0356BAP Manufacturer #: unknown 3�t Item #1 Proposed brand of filter: PRICE SCHEDULE FOR NATIONAL CITY BID #GS0809-1 Cleaire Horizon M Address where work will be performed: City property Warranty for parts/labor: 5 years or 150,000 miles Turn -around time *: 6-7 weeks ARO Item #2 Proposed brand of filter: Cleaire Horizon M Address where work will be performed: City property Warranty for parts/labor: 5 years or 150,000 miles Turn -around time *: 6-7 weeks ARO _ Item #3 Proposed brand of filter: Cleaire Horizon M J) Address where work will be performed: City property • Warranty for parts/labor: 5 years or 150,000 miles Turn -around time*: 6-7 weeks ARO Item #4 Proposed brand of filter: Cleaire Horizon M Address where work will be performed: City property Warranty for parts/labor: 5 years or 150,000 miles Turn -around time *: 6-7 weeks ARO Grand Total Bid Parts/Equipment Labor/Installation Cost (taxable) Cost (not taxable) 8.75% Tax Total Bid $ 11,522.00 $ 2,230.00 $ 1,008.18$14,760.18 $ 11022.00 $ 2,230.00 $ 1,008.18 $ 14,760.18 $ 11,522.00 $ 2,230.00 $1,008.18 $14,760.18 $ 11,522.00 $2,230.00 $1,008.18 $14,760.18 M:otto $`A, 040. 72 *Turn -around time: this is the amount of time from the date you receive the City's Purchase Order, until you deliver the completed vehicle. It should include whatever time is necessary to order/receive parts, transport vehicle, perform labor, etc. Company Name: . on IT\ O 1 Signatur Date: q/6R3/ �� l 1 aP Item #4 Freightliner Chipper/Dump Truck, model #FL70 (city fleet #426) Engine details: Make: Caterpillar Model: 3126 7.2L Family: YCPX0442HRK Manufacturer #: Serial #8YL75181 SIGNATURE SECTION for National City Bid #GS0809-1 Failure to complete this section and to submit Price Schedule may cause bid to be deemed unresponsive. Your signature below states that you understand (and will comply with) all ARB Regulations, and all terms and conditions contained in this bid document and service agreement. Company Nam; Ironman Printed Name: Craig Phillips Phone: 951-735-3710 Fax: 951-734-5833 Email: sfetters@ironmanparts.com Website: www.ironmanparts.com Payment Terms: Net 30 Nu/ • City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950 Ph: (619) 336-4570 Fax: (619) 336-4597 ADDENDUM #1 for: Deisel Retrofit, Request for Bid #0809-1 Due Date: Sept. 25, 2008 The enclosed notice has been sent to you by regular and first-class mail. Receipt of either constitutes service of notice. The specifications shall be revised by additions to, deletions from, clarifications and changes as stated in this addendum. Insofar as the original specifications are in variance with this addendum, this addendum shall govern. The following information is provided herein to address questions that came up during the pre -bid conference held on 8/25/08: 1. Fleet Retrofit Data Sheet (one page attached) 2. Labeling Requirements (2 pages attached) 3. If work is to be performed on City property, the City will provide air, power and canopies, but the awarded vendor is welcome to bring their own. 4. All of the vehicles are to be retrofitted with Active Diesel Particulate Filters (ADPF). We do not use our equipment enough or get the exhaust system hot enough, or long enough, for the passive system filters to work properly. Therefore the equipment would not be retrofitted properly if it were fitted with the passive filter. If you have already submitted your bid, and this addendum changes your response, please call the Purchasing Department immediately at (619)336-4570. We can return your unopened bid to you, or you may stop by in person to withdraw your bid and/or submit a new one. This addendum must be signed and returned to the Purchasing Department with your bid, or may be mailed separately. It must be received by the bid opening date/time. This addendum is to be incorporated in, and become part of the bid, and will become part of any subsequent award. i Brenda E. Hodges, C.P. . Purchasing Agent Attached: 3 pages I acknowledge receipt of addendum #1: e Bidder Signature Issued: August 28,2008 9 c2cOff Company Date CC: Bid file ® Recycled Paper 3i. FLEET RETROFIT DATA SHEET CITY OF NATIONAL CITY BID #GS0809-1 ADDENDUM #1 8/28/2008 Item # from bid specifications 1 2 3 4 426 Vehicle ID (city fleet It) 392 410 425 Group 2 2 -- . 2 - — - 2 -- - --- - Type Patch Rodder Bus White Chipper Dump Make International Ford Thomas Freightliner Model 4700 F-450 IS B 190 ND Year 2000 2001 2002 2001 Caterpillar Eng_Make Navistar Navistar Cummins Eng_Model DT466E powerstroke 8.3 3126 Eng _Disp 17.6 7.3 8.3 -99 Engine_hp 195 235 217 210 Eng_Year 2000 2001 2000 2000 Eng_Fam YCPXH0466ANA 1NVXH073ANA YCEXH0359BAP YCPXH0442HRK Plate 105885 1104263 37665 37667 GVW -99 15,000 -99 -99 2007_Miles >1000 <1000 -99 3000 Purifilter Yes Combifilter +-- Yes —. Yes Cleaire Longview Donaldson DPF Yes DPX Catalyzed Soot Filter CRT Particulte Filter Yes Yes Cleaire Horizon Particulate 'Yes Filter Yes Umweltechnik DPF Yes Yes 1Yes Notes , Idetermine Bidder to what system they think is verified for the engines. No db results. Bidder to determine what system they think is verified for the engines. No db results. 3� LABELING REQUIREMENTS NATIONAL CITY BID #0809-I, ADDENDUM #1 (page 1 of 2) From 13 CCR 2022.1 (3)(g): 3) Records Kept in the Vehicle. For each vehicle, beginning December 31, 2007, the municipality or utility shall keep the following information in the form of a legible and durable label affixed to the driver's side door jamb, or another readily accessible location known to the driver of each vehicle: (A)For each installed diesel emission control strategy, the diesel emission control strategy family name as specified in title 13, California Code of Regulations, section 2706(g)(2), and the installation date From 13 CCR 2706 (g)(2): (g) System Labeling. (1) The applicant must ensure that a legible and durable label is affixed on both the diesel emission control system and the engine on which the diesel emission control system is installed except as noted in (3) below. The required labels must identify the name, address, and phone number of the manufacturer, the diesel emission control strategy family name (defined in (2) below), a unique serial number, and the month and year of manufacture. The month and year of manufacture are not required on the label if this information can be readily obtained from the applicant by reference to the serial number. A scale drawing of a sample label must be submitted with the verification application. Unless an alternative is approved by the Executive Officer, the label information must be in the following format: Name, Address, and Phone Number of Manufacturer Diesel Emission Control Strategy Family Name Product Serial Number ZZ-ZZ (Month and Year of manufacture, e.g., 06-02) (2) Diesel Emission Control Strategy Family Name. Each diesel emission control strategy shall be assigned a family name defined as below: LABELING REQUIREMENTS NATIONAL CITY BID #0809-1, ADDENDUM #1 (page 2 of 2) CA/MMM/YYYY/PM#/N# #/APP/XXXXX CA: Designates a diesel emission control strategy verified in California MMM: Manufacturer code (assigned by the Executive Officer) YYYY: Year of verification PM#: PM verification level 1, 1+, 2, 2+, 3, or 3+ (e.g., PM3 means a level 3 PM emission control system). N# #: NOx verified reduction level in percent, if any (e.g., N25 means NOx reduction of 25 percent). APP: Verified application which may include a combination of On -road (ON), Off -road (OF), or Stationary (ST) XXXXX: Five alphanumeric character code issued by the Executive Officer In summary, we need three labels: 1. Door Jam Label 2. Engine Label 3. Label on the DPF 1/1111101411 !TS&SERVIcESL Proposal for Diesel Retrofit Equipment to Conform With California Air Resources Board Regulations for City of National City Response to Request for Bid #GS0809-1 (Due September 25, 2008) lronman Sales Consultant: Bob Towle Prepared by: Sandy Fetters,Project Coordinator 2535 Anselmo Drive Corona, CA 92879 Date: 09/23/2008 AI Executive Summary Ironman Parts & Services (Ironman) is pleased to respond to the City of National City's Request for Bid for the purchase and installation of Cleaire Horizon diesel particulate reduction devices on four (4) vehicles. Ironman has been in the field of exhaust emissions for over 25 years, and we are partnered with the leading manufacturers of exhaust systems and components. We have completed thousands of diesel exhaust system retrofits for some of the largest fleets in the region and gained recognition as the leading consulting partner and system installer in California. Why Ironman? Our vast experience and specific knowledge of Best Available Control Technology (BACT) as regulated by CARB will ensure that the City of National City (City) obtains a successful emission reduction retrofit program. With Ironman, you will be able to achieve "Emission Compliance with Confidence TM " Best Available Control Technology (BACT) The California Air Resources Board (CARB) determines Best Available Control Technology (BACT) and mandates that BACT must be installed to meet compliance regulations. Ironman has quoted calculated current BACT as of the date of this bid/quote. Material and labor costs are subject to increase as new advanced technologies are developed and approved as BACT or when vehicle assessments reveal quoted product is not verified as BACT. Contact Person The primary point of contact for contract (purchase order) execution, administration and compliance shall be carried out by Sandy Fetters, Ironman, 2535 Anselmo Drive, Corona, CA 92879. Contact Information: (951) 520-2978 — sfetters@ironmanparts.com. Mobile Services Ironman's installation teams work from fully stocked mobile trailers and will provide installations on -site at City's designated facility(ies). All work will be performed on dates/times mutually agreed upon by Ironman and City representatives. City will make at least one bay available at each facility to Ironman's mobile installers for work to be performed. Warranty Information Warranty for the Cleaire Horizon is five (5) years or 150,000 miles. A copy of the product warranty is attached. Electrical Requirements The Cleaire Horizon's electrical demand is 2800 watts. Voltage requirement is 208 +/- 5 or (under load) single-phase AC & 60HZ. Voltage requirement of 240 is also available and must be requested at time product is ordered; otherwise, additional charges will apply. The circuit breaker requirement is 20 amps per plug. Each Horizon connected simultaneously requires its own electrical outlet. The connector plug is supplied; the cord to the outlet is customer's responsibility. All other electrical is part of the Horizon system and is contained on the vehicle. This quote does not include any electrical wiring at customer's site. Please note Ironman cannot perform installations until we have verified the electrical infrastructure has been installed. The cord to the outlet is customer's responsibility. Ironman can provide a 25' cable assembly for $485.00 or a 50' cable assembly for $650.00 plus sales tax. The assembly has a red plug on one end, and a 208V/20A or 240V twistlock connector on the other end. The twistlock connector can be removed if you want to hardwire the cable to a shut-off/circuit breaker box. To prevent premature plugging of the Horizon substrate, use of CJ-4 low -ash oil is recommended. Scope of Work Ironman proposes to furnish and install Cleaire Horizon diesel particulate reduction devices. Upon receipt of City's Purchase Order or written authorization to proceed, Ironman's Program Coordinator will schedule vehicle assessments and installations with City representatives. Please refer to the "Proposed Schedule" below. Compliance labels will be affixed as required by GARB, and any necessary testing will be conducted to verify the installation and functionality of the installed technology. 4i-• Name Cost/Pricing Informable:6 Refer to City's "Price Schedule" attached. Pricing is per unit and includes the diesel particulate reduction device, applicable installation parts, clamps/brackets, delivery fees, labor and sales tax at 8.75%. Bid shall remain valid for a period of not less than 180 days from the date of submittal. Proposed Schedule + 6 — 7 weeks ARO This proposed schedule is based upon receipt of City's Purchase Order or written authorization to proceed. Data logging, vehicle assessments, and installations will occur on dates/times mutually agreed upon between Ironman and City representatives. City will make at least one bay available at each facility to Ironman's mobile installers for work to be performed. The proposed schedule is based upon availability of vehicles at scheduled appointment times. Fleet Assessments and Data Logging Assessments averages 15-30 minutes per vehicle. Material Deliveries Cleaire Horizon M diesel particulate reduction devices, applicable parts, and clamps/brackets. Installations (Labor & Miscellaneous Parts) Installations to occur at City's designated facilities via mobile installation teams. Average installation time for the Cleaire Horizon device is 14-18 hours per vehicle. 1 week 3 - 4 weeks 2 weeks Maintenance and Service All emission retrofits require filter cleaning/deashing service at approximately 50,000 miles or 1 year -- whichever comes first. Mechanical issues with the engine and/or vehicle can cause premature plugging of the filter resulting in more frequent service intervals. Please be aware that improper maintenance of the retrofit can void the manufacturer's warranty and that many vendors do not provide maintenance service for the retrofits that they sell and install. Ironman is able to provide on -site maintenance and service and recommends semi-annual filter cleaning as follows: Filter Deashing at City's Designated Facility (Mobile Services) City is responsible for removal and reinstallation of substrate(s): Pulse Deashing: $200.00 per substrate — Average cleaning time is 30 minutes. Ironman is responsible for removal and reinstallation of substrate(s). A minimum of three substrates per visit is required. Pulse Deashing: $400.00 per substrate — Average maintenance time is 3 hours. Payment Terms Ironman's payment terms are Net 30. A') References City of San Bernardino 182 South Sierra Way San Bernardino, CA 92408 George Newlin - (909) 384-5220 1 location - 26 vehicles City of Newport Beach Post Office Box 1768 592 Superior Avenue Newport Beach, CA 92663 Tom Fulton — (949) 718-3464 1 location — 8 vehicles City of Manhattan Beach 3621 Bell Avenue Manhattan Beach, CA 90266 Guy Machado — (310) 802-5530 1 location — 6 vehicles Project Summary: Conducted fleet analysis to determine implementation percentage; data logged vehicles to determine best available control technology (BACT); conducted fleet assessment to determine best configuration/part number to be applied; and provided on -site installation, maintenance training, and general assistance until project was completed. Back Ironman will ensure that the installations for the City of Redlands are in compliance with the deadlines set by CARB. Back pressure testing conducted to ensure product performance. AA _* ATM/ Electrically Regenerated lV, Diesel Particulate Filter for Mobile Applications cleaire Ar+..ts. t, e a ► e it Ll•�. �:. Fn EMIs $ION Co,(rru,. s` FEATURES AND BENEFITS: ❑ Level 3 (>85%) PM Control ❑ Meets CARB NO2 "Plus" Standards ❑ Meets CARB NO2 Compli- ance Standards ❑ Eligible for Local, State and Federal Funding Pro- grams ❑ Modular Design Including Reusable Metal Seals and Optional End Cones ❑ Robust Silicon Carbide Fil- ter Guards Against Melt- ing and Thermal Break- down ❑ Industry Leading Ad- vanced System Monitor- ing, Diag-nostics and Data Retrieval ❑ Rugged Stainless Steel Construction ❑ Installation Hardware Included in Standard Kit ❑ Fuel Tolerance and Flex- ibility The Cleaire HorizonTM is spe- cifically designed to provide die- sel particulate (PM) reductions for in -use diesel engines in chal- lenging applications and duty cycles. Electrically Regenerated HORIZON M/Diesel Particulate Filter for Mobile Applications Emission Reductions -Any Fuel PM > 85% (Level 3) Fuel Compatibility All Diesel Fuels Including Biodiesel Blends Exhaust Temperature Requirement None Installation Replaces Muffler, Mounted Horizontally or Vertically Sound Attenuation Equivalent tooE Muffler Smoke Reduction Yes Regeneration Time 5 Hours Infrastructure Requirement 208/24oV,10 18 Amp Max Draw Energy Consumed Per Regeneration -15 kW -HT Total Weight (Approx.) 125 lbs. (57 kg) General Dimensions: In. --{ 3o I 2zin I 14 in. 1 _ 21 in. q2 In. Optional End Cones (Std. Pipe Size or Custom) Specifications may vary or change without notice Contact your local Cleaire authorized distributor or dealer for the most current information. n ed ate Filter lcatlS ._ This active regeneration system uses clean electricity, through an integrated heating element, to "cook off" the cap- tured diesel particulate, much like a self cleaning oven, while the vehicle is parked overnight. Horizon is managed by Cleaire's proprietary MLC® which monitors system param- eters and controls the automatic electric regeneration process. The MLC also stores the moni- tored parameters in the memory for later retrieval and analysis. Cleaire uses only the highest quality materials, including all stainless steel construction and a robust silicon carbide diesel filter for enhanced durability. Horizon's modular design facilitates service and de -ash cleaning of the diesel particulate filter. The reusable metal seal and band clamp design provide quick turn around for maximum up time. The Cleaire Horizon emis- sion control system meets both the business need of real world diesel engine operators and the environmental needs of our community. Cleaire Advanced Emissions Controls, LLC 14775 Wicks Blvd., San Leandro, CA 94577 Tel: 8o0 3o8-2i11 • Fax: 5io 347-6181 www.cleaire.com • info@cleaire.com clea ire CUH-6o2 • 2/o7 cleaire Product Warranty On -Road Applications Product Warranty YOUR WARRANTY RIGHTS AND OBLIGATIONS Cleaire Advanced Emission Controls, LLC warrants the diesel emission control system in the application for which it is sold or leased to be free from defects in design, materials, workmanship, or operation of the diesel emission control system which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, for the periods of time listed in Table 1, provided there has been no abuse, neglect, or improper maintenance of your diesel emission control system, vehicle or equipment, as specified in the owner's manuals. Where a warrantable condition exists, this warranty also covers the engine from damage caused by the diesel emission control system, subject to the same exclusions for abuse, neglect or improper maintenance of your vehicle or equipment. Please review your owner's manual for other warranty information. Your diesel emission control system may include a core part (e.g., particulate filter, diesel oxidation catalyst, selective catalytic reduction converter) as well as hoses, connectors, a backpressure monitor (if applicable), and other emission -related assemblies. Where a warrantable condition exists, Cleaire will repair or replace your diesel emission control system at no cost to you including diagnosis, parts, and labor. WARRANTY COVERAGE For an engine used in an application listed in Table 1. the warranty period will be the years or hours or miles of operation shown in Table I, whichever occurs first. If any emission -related part of your diesel emission control system is defective in design, materials, workmanship, or operation of the diesel emission control system thus causing the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, within the warranty period, as defined above, Cleaire will repair or replace the diesel emission control system, including parts and labor. In addition, Cleaire will replace or repair the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. This also includes those relevant diagnostic expenses in the case in which a warranty claim is valid. Cleaire may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs. OWNER'S WARRANTY RESPONSIBILITY As the vehicle, engine, or equipment owner, you are responsible for performing the required maintenance described in your owner's manual. Cleaire recommends that you retain all maintenance records and receipts for maintenance expenses for your vehicle, engine, or equipment, and diesel emission control system. If you do not keep your receipts or fail to perform all scheduled maintenance, Cleaire may have grounds to deny warranty coverage. You are responsible for presenting your vehicle, equipment. or engine, and diesel emission control system to a Cleaire-authorized dealer as soon as a problem is detected. The warranty repair or replacement should be completed in a reasonable amount of time, not to exceed 30 days. If a replacement is needed, this may be extended to 90 days should a replacement not be available, but must be performed as soon as a replacement becomes available. If you have questions regarding your warranty rights and responsibilities, you should contact Cleaire at 1-800-308-2111 or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731. or (800) 363-7664. or electronic mail: helpline@arb.ca.gov. August 2006 Installation Warranty YOUR WARRANTY RIGHTS AND OBLIGATIONS The Cleaire-authorized installer warrants that the installation of the diesel emission control system is free from defects in workmanship or materials which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706. The warranty period and the extent of the warranty coverage provided by the Cleaire- authorized installer is the same as the product warranty provided by Cleaire, and the same exclusions apply. OWNER'S WARRANTY RESPONSIBILITY As the vehicle, engine, or equipment owner, you are responsible for presenting your vehicle, engine, or equipment, and diesel emission control system to the Cleaire-authorized installer as soon as a problem with the installation is detected. If you have questions regarding your warranty rights and responsibilities, you should contact a Cleaire-authorized dealer, or Cleaire at I-800-308-2I11, or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731. or (800) 363-7664, or electronic mail: helpline@arb.ca.gov. Warranty Clarifications (Which do not limit or modify the provisions of the above warranty in any way) The warranty above is the sole warranty made by Cleaire Advanced Emission Controls, LLC. There are no other warranties, expressed or implied, or of merchantability or fitness for a particular purpose. For the purpose of this warranty, abuse or neglect includes vehicle accidents, ignoring the system indicator lights, blending lubricating oil with fuel, or any engine failure or condition that allows excess lubricating oil, coolant, contaminants or debris to enter the exhaust system. The owner shall not use any fuel additive or lube oil additive that is not approved for use in diesel engines equipped with catalytic mufflers. Cleaire is not responsible for incidental or consequential damages, which include, but are not limited to fines, theft, vandalism, or collisions. The owner is responsible for incidental costs such as communication expenses, meals, and lodging incurred by owner or employees of owner as a result of a warrantable condition. The verified diesel emission control system must be installed and serviced by Cleaire-authorized personnel. Installation or service by unauthorized personnel may result in a denial of warranty coverage. Table 1 Engine Type Engine Size Warranty Period On -Road Light heavy-duty, 70 to 170 hp, Gross Vehicle Weight Rating (GVWR) less than 19,500 lbs. 5 years or 150,000 miles Medium heavy-duty, 170 to 250 hp, GVWR from 19,500 lbs. to 33,000 lbs. Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs. Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs., and the truck is: 1. Typically driven over 100,000 miles per year, and 2. Has less than 300,000 miles on the odometer at the time of installation. 2 years, unlimited miles 14775 Wicks Blvd., San Leandro, CA 94577-6779 800-308-2111 State of California AIR RESOURCES BOARD EXECUTIVE ORDER DE-05-010-03 Pursuant to the authority vested in the Air Resources Board (ARB) by Health and Safety Code, Division 26, Part 5, Chapter 2; and pursuant to the authority vested in the undersigned by Health and Safety Code section 39515 and 39616 and Executive Order G-02-003; Relating to Exemptions under section 27156 of the Vehicle Code, and Verification under sections 2700 through 2710 of Title 13 of the California Code of Regulations Cleaire Advanced Emission Controls, LLC (Cleaire) HorizonN Electric Particulate Filter (Horizon) ARB staff reviewed Cleaire's request for verification of the Horizon. Based on an evaluation of the data provided, and pursuant to the terms and conditions specified below, the Executive Officer of ARB hereby finds that the Horizon reduces emissions of diesel particulate matter (PM) consistent with a Level 3 device (greater than or equal to 85 percent reductions) (Title 13, California Code of Regulations (CCR), sections 2702 (f) and (g) and section 2708). Accordingly, the Executive Officer determines that the system merits verification and, subject to the terms and conditions specified below, classifies the Horizon as a Level 3 system for on -road vehicles that use heavy-duty diesel engines of all model years up through and including 2006, except those belonging to engine families listed in Attachment 1. The Horizon is compliant with the 2009 nitrogen dioxide emissions limit and as such is designated as a "Plus" system per section 2702(f). The aforementioned verification is subject to the following terms and conditions: • The engine must be model year 2006 or older, and not belong to any of the engine families listed in Table 1 of Attachment 1. The Horizon may be used with engines in the families listed in Table 2 of Attachment 1 provided certain conditions are met, as described below. • The engine must be used by an on -road motor vehicle with a manufacturer's Gross Vehicle Weight Rating of over 14,000 pounds. • The engine may have a pre-existing diesel oxidation catalyst from the original equipment manufacturer if the engine's model year is between 1994 and 2005, inclusive. • If the engine's model year is 2006 or if the engine's model year is 1993 or older, the engine must not have a pre-existing diesel oxidation catalyst from the original equipment manufacturer unless following conditions are met: 1 4` • The original equipment diesel oxidation catalyst is left in place and not removed. • The Horizon is installed downstream of the diesel oxidation catalyst. • The backpressure sensor is installed upstream of the diesel oxidation catalyst. • The engine must not have a pre-existing diesel particulate filter from the original equipment manufacturer. • The engine must have a displacement no greater than 15 liters. • The engine must be four-stroke. • The engine can be mechanically or electronically injected. • The engine should be well maintained and not consume lubricating oil at a rate greater than that specified by the engine manufacturer. • Lube oil, or other oil, should not be mixed with the fuel. • The product must not be operated with fuel additives, as defined in section 2701 of Title 13, of the CCR, unless explicitly verified for use with the fuel additive(s). • The product must not be used with any other systems or engine modifications without ARB and manufacturer's approval. • The other terms and conditions specified below. IT IS ALSO ORDERED AND RESOLVED: That installation of the Horizon, manufactured by Cleaire Advanced Emission Controls, LLC, 14775 Wicks Boulevard, San Leandro, California 94577-6779, has been found not to reduce the effectiveness of the applicable vehicle pollution control system, and therefore, the Horizon is exempt from the prohibitions in section 27156 of the Vehicle Code for installation on heavy-duty on -road vehicles. This exemption is only valid provided the engines meet the aforementioned conditions. ARB reserves the right in the future to review this Executive Order and the exemption and verification provided herein to assure that the exempted and verified add -on or modified part continues to meet the standards and procedures of CCR, Title 13, section 2222, et seq and CCR, Title 13, sections 2700 through 2710. The Horizon consists of a non -catalyzed silicon carbide wall -flow diesel particulate filter, electric heating element, air pump, and an electronic control system. All necessary hardware and controls are installed on the vehicle, requiring only off -board electric power to supply energy to the heater. The major components of the Horizon are identified in Attachment 2. No changes are permitted to the device. ARB must be notified, in writing, of any changes to any part of the Horizon. Any changes to the device must be evaluated and approved by ARB. Failure to do so shall invalidate this Executive Order. Changes made to the design or operating conditions of the Horizon, as exempted by ARB, which adversely affect the performance of the vehicle's pollution control system, shall invalidate this Executive Order. 2 NA This Executive Order is valid provided that installation instructions for the Horizon do not recommend tuning the vehicle to specifications different from those of the vehicle manufacturer. Marketing of the Horizon using identification other than that shown in this Executive Order or for an application other than that listed in this Executive Order shall be prohibited unless prior approval is obtained from ARB. This Executive Order shall not apply to any Horizon advertised, offered for sale, sold with, or installed on a motor vehicle prior to or concurrent with transfer to an ultimate purchaser. ARB estimates that the Horizon has no significant effect on average fuel economy. As specified in the Diesel Emission Control Strategy Verification Procedure (CCR, Title 13, section 2706 (g)), ARB assigns each Diesel Emission Control Strategy a family name. The designated family name for the verification as outlined above is: CA/C LE/2005/PM3+/N00/ON/DPF01. Additionally, as stated in the Diesel Emission Control Strategy Verification Procedure, Cleaire is responsible for honoring the required warranty (section 2707) and conducting in -use compliance testing (section 2709). This Executive Order is valid provided that the diesel fuel used in conjunction with the device complies with Title 13, CCR, sections 2281 and 2282, and if biodiesel is used, the biodiesel blend shall be 20 percent or less subject to the following conditions: • The biodiesel portion of the blend complies with the American Society for Testing and Materials (ASTM) specification D6751 applicable for 15 parts per million sulfur content; • The diesel fuel portion of the blend complies with Title 13, CCR, sections 2281 and 2282; and • The use of biodiesel applies to devices verified to reduce only diesel particulate matter. Other alternative diesel fuels such as, but not limited to, ethanol diesel blends and water emulsified diesel fuel are excluded from this Executive Order. Systems verified under this Executive Order shall conform to all applicable California emissions regulations. This Executive Order does not release Cleaire from complying with all other applicable regulations. 3 Violation of any of the above conditions shall be grounds for revocation of this Executive Order. Executed at El Monte, California, this 12th day of June 2007 /s/ Robert H. Cross, Chief Mobile Source Control Division Attachment 1: Excluded Engine Families for the Horizon 2: Horizon Parts List 4 RESOLUTION NO. 2008 — 226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FROM IRONMAN PARTS AND SERVICE FOR THE DIESEL RETROFITTING OF THREE TRUCKS AND ONE BUS TO CONFORM WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS FOR A TOTAL AWARD OF $59,040.72 WHEREAS, the Purchasing Agent of the City of National City did, in open session on September 25, 2008, publicly open, examine and declare six sealed bids for the diesel retrofitting of a 2000 International Harvester IHC truck, a 2001 Ford F450 truck with rodder, a Freightliner chipper/dump truck, and a 2002 Thomas bus/converted school bus to conform with California Air Resources Board regulations (Bid #GS0809-1); and NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the diesel retrofitting of three trucks and one bus to conform with California Air Resources Board regulations, to the lowest responsive bidder, to wit: IRONMAN PARTS AND SERVICE BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Ironman Parts and Service in the amount of $59,040.72 for the diesel retrofitting of a 2000 International Harvester INC truck, a 2001 Ford F450 truck with rodder, a Freightliner chipper/dump truck, and a 2002 Thomas bus/converted school bus to conform with California Air Resources Board regulations (Bid #GS0809-1). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of October, 2008. on Morrison, Mayor ATTEST: 6 Miclhael R. Da la, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 21, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Ungab, Zarate. Nays: None. Absent: Councilmembers Natividad, Parra . Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4;Alljilf City Cl of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-226 of the City of National City, California, passed and adopted by the Council of said City on October 21, 2008. City Clerk of the City of National City, California By: Deputy MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 21, 2008 AGENDA ITEM NO. 14 ITEM TITLE Resolution accepting the lowest, responsive, responsible bid from Ironman Parts & Services, for the diesel retrofitting of equipment to conform with Calif. Air Resources Board regulations of 3 trucks and 1 bus, for a total award of $59,040.72. PREPARED BY Brenda E. Hodges, C.P.M. DEPARTMENT Purchasing Dept. EXT.x4570 EXPLANATION Request for Bid #GS0809-1 was issued for the diesel retrofitting of (3) trucks, 2000 Intl Harvester IHC, 2001 Ford F450 Truck w/ Rodder, Freightliner Chipper/Dump Truck, and (1) bus, 2002 Thomas Bus/Converted School Bus. This contract is to retrofit the diesel particulate filters on the vehicles so that they will conform with Calif. Air Resources Board Regulations. Bids were mailed to eleven (11) vendors, netting six (6) responses. Bids were opened and publicly read on September 25, 2008 with no vendors present for the opening. Ironman Parts & Services offered the lowest, responsive, responsible bid in the amount of $59,040.72. Three (3) vendors opted not to bid, and five (5) vendors did not respond. The award to Ironman Parts & Service will be $59,040.70, including tax and delivery. 1 J Environmental Review N/A MIS Approval Financial Statement $85,000 was budgeted for this purchase. Approved By: V Finance Director 644-422-223-511 $59,040.72 Account No. STAFF RECOMMENDATION In concurrence with the Public Works Director, the Purchasing Agent recommends that the award be made to Ironman Parts & Service, and tart authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) Resolution Bid Abstract Resolution No. A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 27, 2008 Mr. Craig Phillips President Ironman Parts & Services 2535 Anselmo Drive Corona, CA 92879 Dear Mr. Phillips, On October 21 st, 2008, Resolution No. 2008-226 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with Ironman Parts & Services. We are forwarding for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Purchasing Dept. ® Recycled Paper