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Home My WebLink About1997-06-23 City Council (50)BUDGET 1997-98 City of Palo Alto Manager’s Rep rt 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:JUNE 23, 1997 CMR:294:97 SUBJECT:APPROVAL OF CONTRACT TO EMPIRE EQUIPMENT COMPANY FOR HEAVY EQUIPMENT REPAIRS AND MAINTENANCE REOUEST This is a request for approval of a contract with Empire Equipment Company inthe amount of $80,000 for equipment repair services to landfill equipment located at the City’s Refuse Disposal Area. Funds have been budgeted in-the FY 1997-98 Public Works Department/ Equipment Management Operations and Maintenance budget for year three of the contract. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached one-year contract with Empire Equipment Company in the amount of $80,000. Authorize the City Manager, or her designee, to negotiate and execute one or more change orders to the contract with Empire Equipment Company for related, additional but unforeseen work which may develop during the term of the contract, the total value of which change orders will not exceed $8,000. POLICY IMPLICATIONS The award of this contract is consistent with existing policies. EXECUTIVE SUMMARY Back o~:_Q.o_~d. CMR:311:95 was approved by.City Council June 19, 1995 for a two-year renewable contract with Empire Equipment Company for heavy equipment repair services. This contract was originally bid as a three-year contract and this report exercises the City’s option to renew this contract for a third year. CMR:294:97 Page 1 of 2 Project Description The Equipment Management Division of Public Works uses a contractor to service and repair specialized landfill equipment, which includes two bulldozers, one trash compactor, one scraper, one compost loader, and one compost tub grinder. Work under this contract includes scheduled inspections and maintenance, cost estimating, diagnosis, warranty repairs, and in-shop plus on-site repairs. The contractor must be capable of transporting oversize equipment loads to their local shop when rebuilding major components is best performed at their shop facilities. Empire Equipment Company has performed all of these tasks to the City’s satisfaction for the past two years, and staff recommends they perform this work for one more year at a cost of $80,000. FISCAL IMPACT Funds for this contract are included in FY 1997-98 Public Works Equipment Management Operations and Maintenance budget. ENVIRONMENTAL ASSESSMENT This project is categorically exempt environmental review is necessary. ATTACHMENTS Contract from the provisions of CEQA and no further PREPARED BY: Alan Simpson, Fleet Manager DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: Assistant City Manager CMR:294:97 Page 2 of 2 AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETWEEN THE CITY OF PALO ALTO (HEREINAFTER REFERRED TO AS CITY, AND(NAME)(1), Empire Equipment Company (2) (ADDRESS) 38600 Ceda~Blvd.<C~TY) Newark [DATE TO BE ENTERED19[BY CITY PURCHASING (510) 94560 (PHONE) 726-2506 (HEREINAFTER REFERRED TO AS CONTRACTOR). =N CONSIDERATION OF THEIR MUTUAL COVENANTS. THE PARTIES HERETO AGREE AS FOLLOWS: CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED SERVICES AND/OR MATERIALS SPECIFIED IN EXHIBIT ATFACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: Heavy Equipment Repair Services at the City’s Refuse Disposal Area according to attached specifications. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: i. Specifications 2. ¯ Insurance Requirements 3. Contractor ’ s BidTERMS THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED]~]~J~. on.’[111~_ 30 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [] ClTY SHALL PAY CONTRACTOR: Monthly, upon receipt of invoice. [] CONTRACTOR SHALL PAY CITY: July I,..1997 O ® ® ® PAYMENT RECORD <DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: G T RMS AND CONDITIONS ARE iNCLUDED ON BOTH SIDES OF THIS DOCUMENT.. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.HOLD HARMLESS. CONTRACTOR agrees to indemnify, de~end and hold harmless GI’[Y, its officers, agents, and employees from any and al~.demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, agents’ or employees’ negligent acts, errors, or omissions, or willfulmisconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to pedorm this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the equipment, materials or supplies or payment forservices which may be the subject of this contract. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY CONTRACTOR NAME Alan Simpson BY DEPT,Public Works/Equipment Management P.O. BOX 10250 496-6945Telephone TITLE SOCIAL SECURITY ORI.R.S. NUMBER " INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXESBELOW) CIIY of PALO AL INVITATION FOR BID (IFB) PUBLIC WORKS DEPARTMENT HEAVY EQUIPMENT MAINTENANCE (i995-96) . DIVISION: ~GINEERING UIPMENT MANAGEMENT El .FACILITIES MANAGEMENT El OPERATIONS El WATER QUALITY CONTROL PLANT PART III -SPECIFICATIONS AND REQUIREMENTS Specifications GENERAL REQUIREMENTS~ Agreement to Furnish Heavy Equipment Maintenance, Repairs and Parts A.SCOPE OF WORK 1.General Bidder will provide maintenance, repairs and parts to Heavy Equipment located at the City of Palo Alto Refuse Disposal Site. Maintenance requirements will be outlined in Section D. of this specification. 2.Estimates An estimate of the required parts and labor for each job will be provided in advance to Equipment Management staff, who will give verbal approval to proceed with repairs. Do The total price quoted in any estimate may not be exceededwithout advance approval from Equipment Management staff. If during the course of the originally estimated repairs it is noted that further repairs will be needed, another estimate will be prepared forthe additional work. 3.Cost Limits Any repair that will exceed $5,000 requires advance written approval from the Equipment Management Division. The vend’dr, will not exceed the total amount of the purchase order wit.hout written approv,..al increasing the limit. Mechanic Experience Level All repair work will be performed by journey-level mechanics with at least three (3) years experience repairing equipment similar to that listed in B. below. 5.Par t____._~s ao Do Vendor must carry or stock parts within 20 miles (or overnight) of the Refuse Disposal Site. All parts will be purchased new, from the original equipment manufacturer (OEM). Can you comply with all items on this page? LNDFILAB.95 Page 1 Specifications GENERAL REQUIREMENTS If an "OE" part is not available or it is evident that procuring an "OE" part will cause excessive downtime, acceptable substitutes may be used, with the advance approval of Equipment Management staff. d.All lubricants used will meet or exceed OEM specifications. eo "Rebuilt" or "remanufactured" assemblies may be used in the repair of equipment covered by this agreement, if approved by Equipment Management staff. 6.Response Time Response time will be within 24 hours of notification of a breakdown. 7.Quality of Work Repair .work must be of an acceptable level in terms of cost, time and workmanship.. Failure to repair the .equipment properly, as determined by Equipment Management staff, will be considered grounds for terminating the agreement; DESCRIPTION OF EQUIPMENT Unit Description 1 602 1 621 1624 1625 1627 1628 1985 W.H.O. Tub (Forage) Grinder 1984 Caterpillar 623B Scraper 1988 Caterpillar D8 Tractor/Dozer 1990 Caterpillar 826C Compactor 1991 Caterpillar DTH Tractor/Dozer 1991 John Deere 544E-I- Wheel Loader Annual Usage (In Hours) 5OO 5OO 1000-1 200 1700-2000 1200-1 500 1000-1 2Q0 Cat~. you comply with all items on this page?Yes LNDFILAB.95 Page 2 Specifications GENERAL REQUIREMENT,~~ C.RATES 1.Day Shift Labor rate:$~/hour Swing Shift Labor rate:$////hour Travel Travel time.to Refuse Site:Ji/ Travel miles: Transportation Transport equipment to and from Vendor’s repair facility: Parts Parts discount or mark-up: Total cost will include all applicable taxes, set-up and delivery. PREVENTIVE MAINTENANCE PROPOSAL AND REQUIREMENTS General ¯ Bidder will submit a detailed Preventive Maintenance proposal outlining all tasks to be performed at each service interval, including pricing. All manufacturer recommended maintenance will be performed. Vendor will be responsible for tracking equipment hours and scheduling Preventive Maintenance. Basic Requirements a.Crankcase oil and filter changes to be performed at 250 hours or corresponding calendar interval. Can you comply with all items on this page?Yes LNDFILAB.95 Page 3 Specifications GENERAL REQUIREMENTS Oil samples will be taken from all compartments at manufacturer’s recommended intervals. A copy of each analysis report will be sent to the Equipment Management Division. Co Each unit’s cooling system will be drained and refilled with fresh antifreeze at two year intervals. A cooling system conditioner such as "Nalcool 2000" or Caterpillar equivalent will be added to each unit’s cooling system at factory recommended concentrations and intervals. Eo PM SCHEDULING General Insofar as practicable, preventive maintenance will be scl~eduled to minimize charges for travel time and service calls. Pending repairs and defects noticed during PM should be repaired at time of inspection, in accordance with A. above and contingent on Refuse Area equipment needs. 2.Intervals Unit 1602 1 621 1624 1625 1627 1628 Intervals Biweekly, 250 hours or 6 months, 500 hours or 1 year, 1000 hours or 2 years. Biweekly, 250 hours or-6 months, 500 hours or 1 year, 1000 .hours or 2 years, 2000 hours or 2 years. Biweekly, 250 hours or 3 months, 500 hours or 6 months, 1000 hours or l.year, 2000 hours or 2 years. Biweekly, 250 hours or 45 days, 500 hours or 3 months, 1000 hours or 6 months 2000 hours or 1 year. Biweekly, 250 hours.o[ 3 months, 500 hours or 6 months, 1000 hours or 1 year, 2000 hours or 2 years. Biweekly, 250 hours or 3 months, 500 hours or 6 months, 1000 hours or 1 year, 2000 hours or 2 years.0 Can you comply with all items on this page? LNDFI£AB.95 P~ge 4 Specifications 30 Fo Go Biweekly Inspections GENERAL REQUIREMENTS’~ Biweekly inspections should consist of a walk around inspection, fluids check and the lubrication of all grease fittings. Tires, brakes, tracks, cutting edges and ground engaging tools will be inspected at this interval. PM History. The successful bidder will be provided with each unit’s PM history for a period of 12 months prior to contract award, in order to avoid duplication of major maintenance. ~ REGULATORY COMPLIANCE General Vendor will comply with all policies, guidelines, rules and administered by the following agencies: Co Bay Area Air Quality Management District (BAAQMD) Bureau of Automotive Repair (BAR) -Environmental Protection Agency (EPA) State and Federal Occupational Safety and Health (OSHA) State and Federal Any other agencies that regulate: 2. 3. 4. COMMENTS Automotive repair Discharge into sanitary and storm sewers Hazardous materials and waste Paint and solvent emissions regulations Bidder should state a brief description of services offered, including the number of field service personnel and vehicles available. Consideration will be given to resources available to respond to repair requests. Can you comply with all items on this page?Yes LNDFILAB.95 Page 5 Specifications INVOICING GENERAL REQUIREMENTS Vendor agrees to submit priced invoices to the Landfill Supervisor, immediately upon completion of each job All "miscellaneous" charges and travel time will be described fully. Purchase Order numbers must be identified on all invoices. I.WARRANTY State standard warranty for all work performed under this agreement: Uo At (Attach additional documentation if necessary) TERMS. OF AGREEMENT .A.qreement Period The services to be performed under this agr.eement will commence July 1, 1995. The agreement will continue for a period of 36 months, ending June 30, 1998; subject to the following conditions’ The City Council of the City of Palo Alto must approve the current year’s budget prior to each additional confirmed 12 month period. Do The vendor agrees to continue the prices quoted in Section C. during the total agreement period. Renewal The agreement will be renewable, each year, 30 days prior to the renewal dates of June 30, 1996 and June 30, 1997. Neqotiations Renewal of this agreement will begin with negotiations, 60 days prior to the renewal dates Shown in 1 .b. above. Either party may cancel this agreement 30 days prior to the renewal dates shown in 1.b. above.Negotiations and subsequent, renewal will be based upon: a.Proposed cost of contract renewal. b.Quality of vendor’s workmanship during the preceding 12 months. Compiles with all items on this page? LNDFILAB.95 Page 6 Specifications GENERAL REQUIREMENTS c.Response to City requirements during the preceding 12 months. Vendor’s ability to fulfill the terms of the agreement during the renewal period. Complies with all items on this page?Yes LNDFILAB.95 Page 7 CITY OF NEWARK BUSINESS LICENSE THIS LICENSE iS IN CON~0RMITY WITH ,PROVISIONS OF ." CHAPTER 5.04 dF.THE CITY O~" NEWARK MUNICIPAL CODE: :.ISSUANCE OF THIS UGENSE DOES NoT,iNDICATE COMPLIANCE ;WITH OTHER ~31TY CODES.. ".. " ":. ~..,,:" ILICENSE NO. ~4 256 CALIFORNIA STATE BOARD OF EQUALIZATION SELLER’S PERMIT THIS PERMrr DOES NOT AUTHORIZE THE HOLDER TO ENGAGE IN ANY BUSINESS CONTRARY TO LAWS REGULATING THAT BUSINESS OR TO POSSESS OR .OPERATEANY ILLEGAL DEVICE. Not valid at any other address ACCOUNT NUMBER ooo I EMPIRE EQUIPMENT CO LP MARVIN G DOLE INC, ET AL 38600 CEDAR BLVD LNEWARK, CA 94560 J IS HERE~Y AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION BT.-442-R-LZ RE’V. 10 (8-go) THIS PERMIT IS VALID UNTIL REVOKED OR CANCELLED BUT IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS. OR DROP OUT OF A PARTNERSHIP, NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED Empire Equipment May 12, 1995 City of Palo Alto Purchasing & Contract Administration First Floor, Civic Center 250 Hamilton Ave. P.O. Box 10250 Palo Alto, CA 94303 Empire Equipment, operating since 1980, now consists of seven locations in northern California & Nevada: Sacramento,Newark, Rohnert Park, Chico, Gilroy, Anderson & Sparks. Each location is professionally staffed with personnel in Sales, Rental, Parts, and Service. Currently, we are running three transports and fifteen complete service trucks containing the latest in cranes, hose making equipment and oil recovery systems. Our Shops are equipped with overhead hoists, test benches for hydraulic testing of pumps, motors, cylinders, etc., complete welding and fabrication area and a steam cleaning area complying with all EPA rules. Our technicians are trained continuously on the latest techniques. We are on call 24 hours a day and seven days a week. ~ Our Rental Fleet is comprised ors 15,000,000 of the latest .construction and forestry equipment. Our Parts Department handles in excess of $1,000,000 of parts annually, containing all makes of- parts. We also have a used parts network with the capabilities of reaching out across the United States to a variety of Dealers. .. - 2850 El Centro Road 3S600 Cedar Bird 415 F.. 91h Slrcet 5380 Commerce lih’d.475 E. Park Avenue 21)769 Industry Road 1055 Glcnda|e RoadSacramento, CA 95833 Newark, CA 94560 Gilroy, CA 950.0 Rohnert Park, CA 94928 Chico, CA 95926 Anderson, CA 9(.4~7 Sparks, NV 8943 I 916P)22-7181 510/790-3600 408/~148-4150 "/07/584-9161 916/’342-2414 916/3654~D I.70~J’359-3371 WEEKLY MACHINE INSPECTION CHECK & RECORD HOUR METER READING HOURS CHECK HOOD LATCH FOR OPERATION OR DAMAGE CHECK ROLLERS & IDLERS FOR LEAKS & WEAR CHECK SPROCKETS & CHAIN FOR WEAR AND DAMAGE CHECK FINAL DRIVES FOR LEAKS CHECK COVERS & GUARDS FOR DAMAGE, LOOSE & MISSING HARDWARE CHECK ENGINE COMPARTMENT FOR TRASH BUILD-UP, FUEL OR OIL LEAKS]ADD OIL IF NEEDED CHECK R.O.P.S. MOUNTS CHECK DOOR HANDLES FOR PROPER OPERATION CHECK SHIFTER & THROTFLE FOR PROPER OPERATION BLOW RADIATOR, HOOD LOUVERS INTAK COMPARTMENT AREA HYD SYSTEM-REFILL AS NEEDED " CHECK FOR LEAKS, WORN HOSES AND DAMAGED LINES COOLING SYSTEM-CHECK FOR LEAKS, WORN HOSES, TRACH BUILDUP, FLUID LEVEL & REPAIR AS NEEDED LUBE 6 FITTINGS ON THE BULLDOZER CYL SUPPORT & UPPER TRUNION BEARINGS TRANS,BEVEL GEAR & STEERING CLUTCH COMPARTMENT CHECK LUB LEVEL IF LEAKAGE DEVELOPS OR IS SUSPECTED WINCH-CHECK LUBE LEVEL IF LEAKAGE DEVELOPS OR IS SUSPECTED-CHECK CONDITION OF CABLE/OIL IF NEEDED COOLING SYSTEM-DRAIN & CLEAN W’HEN ENGINE OVER- HEATS OR SOLUTION tS DIRTY REPLACE AS NEEDED CUTTING EDGES-ROTATE OR CHECK BACKUP ALARM OPERATION CHECK DOZER CUTTING EDGE & HARDWARE CHECK HYD LINES & CYLS FOR LEAKAGE CHECK DOZER ARMS, STRUTS AND CROSS BARS FOR LOOSNESS AND ADJUSTMENTS CHECK WIPER OPERATION CHECK GLASS FOR CRACKS AND BREAKAGE CHECK & ADJ TRACK TENSION CHECK GAUGES & INDICATORS FOR PROPER OPERATION CHECK SEAT BELT & MOUNTS CHECK PRESCREEN FOR TRASH BUILD -UP CHECK STEERING CLUTCH AND BRAKES FOR PROPER OPERATION CHECK TRANS FOR LEAKS & FILL AS NEEDED ENGINE COMPARTMENT-CHECK FOR OIL & FUEL LEAKS, ADD OIL TO ENGINE IF NEEDED LUBE 2 FITTINGS ON THE TRACK ROLLER FRAME OUTER BEARINGS LUBE 2 FITTINGS ON THE TRACK ROLLER FRAME INNER BEARINGS CHECK LEVEL OF FINAL DRIVES AIR FILTER ELEMENTS-REMOVE OUTER FILTER, BLOW OUT, REPLACE IF NEEDED, REMOVE SAFETY ELEMENT ONLY TO BE REPLACED TORQUE DIVIDER SUCTION SCREEN CLEAN WHEN LUBRICAT BECOMES THICK, OR AT TIME OF REPAIRS ON BRAKES, TRANS OR TORQUE DIVIDER SPROCKET HUB BEARINGS-CHECK ADJ IF SPROCKET IS LOOSE OR LEAKAGE DEVELOPS OR SUSPECTED FUEL TANK-DRAIN MOISTURE & SEDIlvIENT & WASH CAP & FILLER FIRES OR FREQUENT FUEL FILTER SCREEN \VHENEVER ENGINE MIS- FIRES OR REPLACEMENT IS NEEDED 250 HOUR PERIODIC SERVICE PULL ENGINE OIL SAlvIPLE CHANGE ENGINE OIL QUARTS ADDED CHECK & ADJUST FAN & ALT BELTS/LUBE FAN PULLEY BEARING CHECK ELECTROLYTE LEVEL AND CONDITION CLEAN OR REPLACE AIR FILTERS DRAIN FUEL TANK SEDIMENT CLEAN/CHANGE CAB PRESSURIZATION QUARTS ADDED CHECK WTNCH OIL LEVEL LUBE ALL ZERK FITTINGS CHANGE ENGINE OIL FILTER WASH CRANKCASE BREATHE. R CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH FILTER AND CLEAN MAGNETIC STRAINER CHECK COOLANT LEVEL AND CONDITION F CLEAN TERMINALS CHECK/REPLACE FUEL FILTERS CHECK FINAL DRIVE OIL LEVEL " FILTER CHECK TRANS OIL LEVEL QUARTS ADDED 500 HOUR PERIODIC SERVICE PULL ENGINE OIL SAMPLE CHANGE ENGINE OIL QUARTS ADDED CHECK & ADJ FAN & ALT BELTS/LUBE PAN PULLEY BEARING CHECK COOLANT LEVEL & CONDITION F CLEAN TERMINALS CHECK/REPLACE FUEL FILTERS CHECK FINAL DRIVE OIL LEVEL QUARTZ ADDED CHECK TRANS OIL LEVEL QUARTS ADDED PULL I-IYD SYSTEM,WINCH, TRANS & FINAL DRIVE OIL SAMPLES CHANGE I-IYD FILTER CHANGE ENGINE OIL FILTER WASH CRANKCASE BREATHER CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH FILTER & CLEAN MAGNETIC STRAINER CHECK ELECTROLYTE LEVEL AND CONDITION ¯ CLEAN OR REPLACE AIR FILTERS DRAIN FUEL TANK SEDIMENT CHECK HYD OIL LEVEL QUARTS ADDED CHECK WINCH OIL LEVEL LUBE ALL ZERK FITTINGS CHANGE WINCH FILTER & CLEAN STRAINER LUBE UNIVERSA.L JOINTS 1000 HOUR PERIODIC SERVICE PULL ENGINE OIL SAMPLE CHANGE ENGINE OIL QUARTS ADDED CHECK & ADJ FAN & ALT BELTS LUBE FAN PULLEY BEARING CHECK COOLANT LEVEL & CONDITION F CLEAN TERMINALS CHECK/REPLACE FUEL FILTERS CHECK FINAL DRIVE OIL LEVEL QUARTS ADDED CHECK TRANS OIL LEVEL QUARTS ADDED . PULL HYD SYSTEM, WINCH, TRANS AND FINAL DRIVE OIL SAMPLES CHANGE HYD FILTER CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH OIL & CLEAN BREATHER QUARTS ADDED CHANGE HYD OIL QUARTS ADDED CHECK & ADJUST ENGINE VALVE CLEARANCE CHANGE ENGINE OIL FILTER WASH CRANKCASE BREATHER CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH FILTER & CLEAN MAGNETIC STRAINER CHECK ELECTROLYLT LEVEL & CONDITION CLEAN OR REPLACE AIR FILTERS DRAIN FUEL TANK SEDIMENT CHECK HYD OIL LEVEL QUARTS ADDED CHECK WINCH OIL LEVEL LUBE ALL ZERK FITTINGS CHANGE WINCH FILTER & CLEAN STRAINER LUBE UNIVERSAL JOINTS CHANGE FINAL DRIVE OIL QUARTS ADDED CHANGE WINCH OIL & BREATHER QUARTS ADDED DRAIN COOLANT & REPLACE ADD NAL-COOL CHANGE TORQUE CONVERTOR OIL & CLEAN SUCTION SCREEN 2000 HOUR PERIODIC SERVICE PULL ENGINE OIL SAMPLE CHANGE ENGINE OIL QUARTS ADDED CHECK & ADJ FAN & ALT BELTS LUBE FAN PULLEY BEARING CHANGE COOLANT LEVEL & CONDITION FILTER CLEAN TERMINALS CHECK/REpLACE FUEL FILTERS CHECK FINAL DRIVE OIL LEVEL QUARTS ADDED PULL HYD SYSTEM, WINCH, TRANS AND FINAL DRIVE OIL SAMPLES CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH OIL & CLEAN BREATHER QUARTS ADDED CHANGE HYD OIL QUARTS ADDED CHECK & ADJUST ENGINE VALVE CLEARANCE CHECK FOR LOOSE HARDWARE CHANGE ENGINE OIL FILTER WASH CRANKCASE BREATHER CHANGE TRANS, BEVEL GEAR & STEERING CLUTCH FILTER & CLEAN MAGNETIC STRAINER CHECK ELECTROLYTE LEVEL & CONDITION CLEAN OR REPLACE AIR FILTERS DRAIN FUEL TANK SEDIMENT CHECK HY’D OIL LEVEL LUBE ALL zERK FITTINGS CHANK WINCH FILTER & CLEAN STRAINER. CHANGE FINAL DRIVE OIL QUARTS ADDED CHANGE \~qNCH OIL & BREATHER QUARTS ADDED DILAIN COOLANT & REPLACE ADD NAL-COOL CHANGE TORQUE CONVERTOR OIL & CLEAN SUCTION SCREEN SINCE 1936 PETERSON TRACTOR Co.’s PREVENTIVE MAINTENANCE PROPOSAL FOR CITY OF PALO ALTO REFUSE DISPOSAL SITE HEAVY EQUIPMENT MAINTENANCE EQUIP.MODEL SERIAL BI-250 500 1000 2000 NO.NO.NO.WEEKLY HOURS HOURS HOURS HOURS 1602 P-12-56 612 $110 $350 $450 $850 N/A 1621 623B-46P2004 $110 $335 $460 $780 $1350 _024 DSN 9TC2594 $110 $340 $460 $830 $1360 1625 826C 87X1110 $110 $320 $450 $725 $1200 1627 D7H 79Z4234 $110 $310 $425 $725 $1200 1628 544E-H 534431 $110 $295 $350 $510 $950 PLEASE NOTE--THE ABOV’E "PREVENTIVE MA.INTENANCE PROPOSAL" IS BASED ON CATERPILLAR LUBRICATION AND MAINTENANCE RECOMMENDATIONS AT 250, 500, 1000, AND 2000 HOUR INTERVALS. BI-WEEKLY (TWICE A MONTH) WILL CONSIST OF A WALK .~.OUND INSPECTION, FLUIDS CHECK .MgD LUBRICATION OF ALL GREASE FITTINGS. TIRES, BRAKES, TRACKS .AND ALL GROUND ENGAGING TOOLS WILL BE INSPECTED AT THIS INTERVAL. AT THE TIME OF MACHINE DELIVERY, YOU.RECEIVED COPIES OF ALL LLrBRICATION AND NLAfNTENANCE PUBLICATIONS SPECIFIC TO EACH MACHINE IN YOUR EQUIPMENT FLEET. DUE TO THE LINIITATIONS OF SPACE ON THE DOCUMENT WE ASK THAT YOU REFER TO YOUR EQUIPMENT LIBRARY FOR ALL SPECIFIC MAINTENANCE DETAILS. BILL HAMILTON SAN JOSE SERVICEMANAGER ~ETERSON TRACTOR CO 955 Marina Boulevard . P.O. Box 5258, San Leandro, California 94577 ¯ Telephone (510) 357-6200 ¯ Fax (510) 352-5952 SINCE 1936 PETERSON TRACTOR Co.’s PREVENTIVE MAINTENANCE PROPOSAL FOR CITY OF PALO ALTO REFUSE DISPOSAL SITE HEAVY EQUIPMENT MAINTENANCE EQUIP.MODEL SERIAL BI-250 500 I000 2000 NO.NO.NO.WEEKLY HOURS HOLrRS HOURS HOURS 1602 P-12-56 612 $110 $350 $450 $850 N/A 1621 623B 46P2004 $1 i0 $335 $460 $780 $1350 1624 DSN 9TC2594 $110 $340 $460 $830 $1360 1625 826C 87X1110 $110 $320 $450 $725 $1200 1627 DTH 79Z4234 $110 $310 $425 $725 $1200 1628 544E-H 534431 ¯$110 $295 $350 $510 $950 PLEASE NOTE--THE ABOVE "PREVENTIVE I%iAINT~NANCE PROPOSAL" IS BASED ON CATERPILLAR LUBRICATION AND MAINTENANCE KECOIVlMENDATION8 AT 250, 500, I000, AND 2000 HOUR INTERVALS. BI-WEEKLY (TWICE A IVlONTH) WILL CONSIST OF A W.~J~K AROUND INSPECTION, FLUIDS CHECK .~ND LUBRICATION OF .~LL GREASE FITTINGS. TIRES, BRAKES, TILA.CKS AND ALL GROUND ENGAGING TOOLS WILL BE INSPECTED AT THIS INTERVAL..AT THE TIME OF MACHINE DELIVERY, YOU RECEIVED COPIES OF .ALL LLrBRICATION AND MAINTENANCE PLrBLICATIONS SPECIFIC TO EACH !vlACHINE IN YOUR EQUIPIvIENT FLEET, DUE TO THE LIMITATIONS OF SPACE ON THE DOCUMENT WE ASK THAT YOU REFER TO YOUR EQUIPMENT LIBRARY FOR ALL SPECIFIC MAINTENANCE DETAILS. BILL HAMILTON SAN JOSE SERVICE MANAGER "ETERSON TRACTOR CO 955 Marina Boulevard ¯ RO. Box 5258, San Leandro, California 94577 Vendor list for Heavy Equipment Maintenance, Repairs and Parts Peterson Tractor P.O. Box 5258 San Leandro, CA 94527 Empire Tractor P.O. Box 5002 Newark, CA 94560 DeNardi Equipment 29251 Union City Blvd. Union City, CA 94587 Granite Construction P.O. Box 50085 Watsonville, CA 95077 ~ART II -- BIDDER’S BID PAGES SECTION 3.00- City Council/City Manager City of Palo Alto In response to the Invitation For Bid, the undersigned, as Bidder declares that the only persons or parties interested in this Bid as principals are those named herein, that this Bid is made without collusion with anyother person, firm or corporation; that the Bidder has carefully examined the location of the proposed Work and the plans, and specifications herein referred to; and the Bidder proposes and agrees, if this Bid is accepted, that the Bidder will contract with the City of Palo Alto, to provide all necessary materials, equipment, tools, apparatus and other means of transport services, and to do all the work and furnish all the specified requirements in the Contract, in .the. manner and time therein prescribed and at the prices stated in the following Bid: Project Title:HEAVY EQUIPMENT MAINTENANCE BID SCHEDULE A. BASE BID - ITEM .RATE/UNIT DESCRIPTION RATE 1.Hourly Rate Labor RATE for DAY SHIFT Work per $ 55.00 SPECIFICATION SECTION OF PART III HEREIN. 2.Hourly Rate Labor RATE for SWING SHIFT Work per $ 55.00 , SPECIFICATION SECTION OF PART III HEREIN. Flat Rate Labor and Equipment charges to TRANSPORT EQUIPMENT TO AND FROM VENDOR’S REPAIR FACILITY per SPECIFICATION SECTION OF PART III HEREIN. $ 300.00 4.Discount Rate Parts or Materials DISCOUNT RATE per SPECIFICATION SECTION OF PART III HEREIN. Travel: Travel TIME to Refuse Site: 1/2 Hour Travel MILES: Name of Site: CITY of PALO ALTO: Bid Pages IFB (6/94)SECTION 300-1 ~ART II -- BIDDER’S BID PAGES SECTION 300 Notes and Requirements to Bidder’s Bid Pages. Award and execution of the Contract shall be as described in the Invitation.For Bid documents. THE LABOR RATES AND TRANSPOF~TATION COSTS will be the basis for determining the "lowest responsible bidder". See SECTION 100-4: Determination of lowest Res~)onsible Bidder for additional selection information. The City retains the right to select on an item-by-item basis. Bid prices shall include all applicable taxes. If errors exist, the written unit rate with corrected extension and total shall prevail and will be considered as the actual base bid proposal amount. Enclosed is $ 500.00 " (Bid Bond amount not less than 5% of Bid total) which is given as security to assure that the undersigned will enter into the Contract if so awarded. If Contract is awarded to Bidder, the undersigned hereby agrees to sign the Contract and furnish the following: the documents required by the IFB and a Certificate of Insurance (on City f.orms) in accordance with the Risk Manager’s requirements. Bidder’s failure to comply herewith may cause the Bid to be rejected by the City.. BIDDER’S SIGNATURE IN PART II, SECTION 305 (HEREIN) CONSTITUTES AN AGREEMENT TO THE TERMS AND CONDITIONS OF THIS SECTION (PART II, SECTION 300) END OF SECTION . CITY of PALO ALTO: Bid Pages IFB (6/94)SECTION 300-2 PART II - BIDDER’S SIGNATURE PAGE SECTION 305 HEAVY EQUIPMENT MAINTENANCE (1995-96) The undersigned-hereby certifies that, directly or indirectly, they or their representatives and agents have not colluded with other parties interested in this Invitation For Bid. Bidder is a: [] [] with head offices located at and offices in California at. California Corporation, or a Corporation organized under the laws of the State of. (Attach addendum if necessary) [] Sole Proprietorship, or a [] Partnership (list names of partners; state which partner or partners are managing partner(s). (Attach addendum). [] ")ated May 12 1 995 Name of Bidder: Empire Equipment Co., L.P. Title: Store Manager . Address #1 : 38600 Cedar Blvd~ City: Newark Fax No: (5 ~_0) 790-91_20 Contractor License #/Type:Business License 894756 Name of Contact Person:Rich Giannini Other (Attach addendum specifying details). Printed Name of Signatory: Steve Wilson Address #2: P.O. Box 5002 State, Zip: California, 94560 Telephone: (51_0) 790-3600 IRS #: 94-2694768 ~elep.hone:51_0) ?90-3600 End of Section CITY of PALO ALTO: Signature Page - (6/94)SECTION 305-1 Empire Equipment Co., L.P. is a partnership consisting of: £mpire Tractor and [Equipment Company - General Weaver Rguipment Company - Limited Partner (Managing Partner) PART II - ACKNOWLEDGEMENT of ADDENDA SECTION 310 During the Bid process there may be changes to the Bid documents which would require an issuance of an Addendum or Addenda. To assure that all Bidders receive the update or change Addendum, the following acknowledgement and sign-off is required. NOTE: Failure to execute the following may be considered as an irregularity in the Bid. :Receipt of the following Addendum is acknowledged. The Bidder acknowledges that the information contained in the addendum has been considered in the preparation of this Bid. Addendum No. (None__~_X), (1~), (2 ),.(3~), (4~), (5.~)(Check a p p ro p riate .~../~~_...ov e) Signature of Bidder Company A copy of the contractor’slicense as described in SECTION 00300 shall be attached to the Signature Page, (SECTI.ON 00305) of the NIFB. END OF SECTION CITY of PALO ALTO: Acknowledgement - (3/95)SECTION 310ol 05,’).1/95 ’15:23 ~510 790 9120 E)IPIRE TRACTOR SAC PART il -CERTIFICATION of NONDISCRIMINATION SECTION =$10 HEAVY EQUIPMENT MAINTENANCE (1995-96) .~e~tificatlon of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certifies that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively ’the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmati\;ely promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 To be knowledgeable of the local, state+’ and ~:ederal laws and regulations concerning affirmative action policies and provide opportunities for employees. Please include any additional information available regarding equal opportunity employment programs now in effect within your company. (l~loa~,o ailch a~t~litional pages if END OF SECTION CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1 05/11/95 15:23 ~’510 790 9120 E)IPIRE TRACTOR SAC PART II -REQUIRED CONTRACTOR INFORMATION SECTION 41 5 I. Th~ section must be completed. MINORITY BUSINESS ENTERPRISES. Non-completion indicates "is not". MINORITY/WOMEN/DISADVANTAGED BUSII~~ Vendor is ~ is not v’~ a Minority or Women or Disadvantaged Business Enterprise, M/W/DBE. (A Minority Businer.s Enterprise ie defined a~ - "bueiness, privately or publicly own~d, at least 51% of which isowned by minority group member~;." For the purpose of this definition, minority group mernbers includes African - American~, Hispanic-e. Asian Americans, American Indian or Alaskan Natives, or Women,) I1, This section must be co.mpleted. Non-completion indicates "is not". SMALL BUSINESS~ Vendor is ~, is not v~ a small business concern. (A =mall business on¢ern for the purpose of this procurement i~; ~ concern, including it~ affiliates, which is independently ~vned end operated, is not dominant in the field of operations in which it is ~ontrectino, and can further qualify =under tl~e criteria concerning number of employees, average annual teCeil~tS, or other criteria as a result of Publid Law 95-507 amending the 5mall Business Act of 1958,) III. This section applies only to construction projects..C.=.Oj3:~::~&r&~ with the Americans with Disabilities Act (ADA) of 1990. The Contractor, by signature herein, indicates that all new construction commencing after January 26, 1992, shall be made readi{y accessible and properly signed to the maximum extent feasible in compliance with ADA. IV, This section applies to all suppliers and contractors as required, The Supplier or Contractor shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375~ and as SUl3plemenzed in Department of Labor Regulations (41 CFR, Part 60). V. This section applies to all suppliers and contractors. The Contractor represents that it has not retained a person to solicit or secure .a City contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose Of securing business. .. Further, the Contractor or supplier represents that it has not knowingly influenced and promises that it will not knowingly influence aCity employee or former City employee to breach any ethical standards set forth in the Pale Alto Municipal Code or any of the State of California procurement regulations. --- Vendor’s representative concerning any of the above information in sections I-V.: Signature herein, (Bidder’s Signature Page) of this document imp)lies compliance. END OF SECTION CITY of PAL0 ALTO: Reauired lnfo (6194)SECTION 4"1 5-1 PART II - EXPERIENCE and FINANCIAL QUALIFICATIONS SECTION 420 The following information concerning the experience and financial qualifications of the Contractor are a .required part of the Bid. The information is certified correct by signature herein. PROJECT NAME:HEAVY EQUIPMENT MAINTENANCE (1995-96) Name of Company:Empire Equipment Company~ [,.P. Contractor’s License No.: 894756 Name of Bonding Company:, Phone Number: Name of Insurance Carrier: John Deere Insurance Co. Phone Number:, (800) 521_-2716 Policy Number: 01_57631 How many years have you (or your firm) done business under the name listed above? 14 Years How many years experience have you (or your firm) had which is similar in nature to the work covered in the Bid? 36 Years Provide relevant references of contracts satisfactorily completed in the last three (3) years: 3a. Year TVDe of Work Contrect Amount 85-95 P.M. Repair Com_Dany/Agencv/Location $60,000.00 Contact/Phone# EBMUD Joe Attain (510) 287-1M~5 3b._Year Tvoe of Work Contract Amount 85-95 P.M. Repair $80,000.00’ ComDanv/Agencv/Location Contact/Ph0ne# Blueline Ed Bortoli (415) 589-041-7 3c. _Year TvDe of Work .r 85-95 P.M. Repair Comoanv/Agenc~ion Hayward Area Recreation District $20,000.00 Contact/Phone# Dennis Lopez (510) 881-6707 CITY of PALO ALTO: Exper/Fin Questions (6/94)SECTION 420-1 PART II - EXPERIENCE and FINANCIAL QUALIFICATIONS SECTION 420 3.1 (Please provide additional sheets if necessary) Have you (or your firm) previously worked for the City of Palo Alto? X_X__Yes ( If yes, please list above or provide additional sheets if necessary) No If applicable, provide a list of the plant(s) and equipment owned by the bidder which is available for use on the proposed work as may be required herein: ,Quantity Name. Type and Caoacity Condition Location 1 Shop, 9 Service Tech.Newark 2 Service Trucks Newark Shop 2 Service Trucks Gilroy Shop, 8 Techs., 2 Service trucks Rohnert Park (Please provide additional sheets if necessary) Provide a list of the Project’s management staff of the bidder who will manage the proposed work as may be required herein: Name Years of~ ExPerience Steve Wilson 20 Years Rich Giannini 19 Years Matt Schraeder :[7 Years Field of Exoertise/CaDabilities General Management Service Manager C.S.R. George Claire 26 Years Shop Foreman o (Please provide additional sheets if necessary) Empire Equipment Co. L.P. (Contractor) (510) ?90-3600 (Phone) Rich Giannini (Person to Contact) May.12~ 1995 (Date) END OF SECTION CITY of PALO ALTO: Exper/Fin Questions {6/94)SECTION 420-2 AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF ~Y AND BETWEEN THE CITY OF PALO ALTO (HEREINAFTER REFERRED TO AS CITY, ANO (NAME) (1) (2) No. J’DATE TO BE ENTERED19~ ~BY CITY PURCHASING (ADDRESS)(CITY)(ZIP).(~NE) (HEREINAFTER REFERRED TO AS CONTRACTOR). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERET~GREE AS FOLLOWS: °CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED SERVICES AND/OR MATERIALS SP~IFIED IN EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: IKEY CODE OBJECT PROJECT PHASE NO,I L RAMOONT / GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS D~;~MENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CffY. IN WITNES~HEREOF. T.HE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY. MONTH, AND YEAR FIRST wRrn’EN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents, algal/employees from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, agents~ employees’ negligent acts, errors, or omissions, or willful m~sconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the pedormance o.r.~ilur~ to pedorm this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent/Nfe entire’agreement between,the parties with respect to the purchase and sale ol the equipment, materials or supplies or payment lor services which may be the su_J)~ct of this contract. All prior agreements, representations statements. negotiations.and undertakings whether oral or written are superseded hereby.~ PROJECT MANAGER AND REPRESENTATIVE FOR C~TY C/(;;)NTRACTOR/ ’" NAME __~ BY_DEPT./"TITLE/ P.O. BOX 10250 ~SOCIAL SECURITY PALO ALTO, CA 94303 //.../’/ OR I.R.S, NUM.BER Telephone INVOICING SEND ALL ~NVOICES TOASTY. AT:rN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR S’GNATURES ACCORDING TO NUMBERS ~N APPROVAL BOXES BELOWl I CITY DEPARTMENT J’--IFunds Have~en RISK MANAGER FINANCE PURCHASING & CONTRACT ADMINISTRATION~ Bud~’~d //’ (2) (3) (4) IF OVER $5,000. RE~IRES CITY MANAGER’S SIGNATURE IF OVER $25,000. REQUIRES MAYOR AND CITY ATrORNEY SIGNATURES , CITY OF PALO ALTO j AT[EST:APPROVED AS TO FORM BY CITY MANAGER BY: ,, MAYOR CITY CLERK CITY ATTORNEY ~ETAiN GREEN COPY CITY OF PALO ALTO 00500 Contract (Sample) ACCEPTANCE. THIS AGREEMENT IS LIMITED TO THE TERMS AND ~DITIONS ON THE FACE AND BACK HEREOF WHICH INCLUDES ANY BITS REFERENCED. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF.CALIFORNIA. INTEREST OF CONTRACTOR. IT tS UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS NOT A CONTRACT OF EMPLOYMENT IN THE SENSE THAT THE RELATION OF MASTER AND SERVANT EXISTS BETWEEN THE CITY AND UNDERSIGNED. AT ALL TIMES CONTRACTOR SHALL BE DEEMED TO BE AN ~NDEPENDENT CONTRACTOR AND CONTRACTOR IS NOT AUTHORIZED TO B~ND CITY TO ANY CONTRACTS OR OTHER OBLIGATIONS. IN EXECUTINGTHiS AGREEMENT, CONTRACTOR CERTIFIES THAT NO ONE WHO HAS OR WILL HAVE ANYFINANCIAL INTEREST UNDER THIS AGREEMENT IS AN OFFICER OR EMPLOYEE OF CITY. INSURANCE, CONTRACTOR AGREES TO PROVIDE THE INSURANCE SPECIFIED IN THE "INSURANCE REQUIREMENTS" FORM ISSUED HEREWITH. ,r; THE EVENT SELLER IS UNABLE TO SECURE A POLICY ENDORSEMENT NAMING THE CITY OF PALO ALTO AS AN ADDITIONAL INSURED UNDER ANY COMPREHENSIVE GENERAL LIABILITY OR COMPREHENSIVE AUTOMOBILE POLICY OR .POLICIES. CONTRACTOR SHALL AT A MINIMUM. AND ONLY WITHTHE WRITTEN APPROVAL OF CITY’S RISK MANAGER OR DESIGNEE, CAUSE EACH SUCH INSURANCE POLICY OBTAINED BY IT TO CONTAIN AN ENDORSEMENT PROVIDING THAT THE INSURER WAIVES ALL RIGHT OF RECOVERY BY WAY OF SUBROGATION AGAINST CITY. ITS OFFICERS, AGENTS. AND EMPLOYEES IN CONNECTION WITH ANY DAMAGE. CLAIM,L~ABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY ANY SUCH POLICY. EACH SUCH POLICY OBTAINED BY CONTRACTOR SHALL CONTAIN AN ENDORSEMENT REQUIRING THIRTY (30) DAYS’ WRII-i’EN NOTICE FROM THEtI’~SURER TO CITY BEFORE CANCELLATION OR CHANGE IN THE COVERAGE, SCOPE OR AMOUNT OF SUCH POLICY. CONTRACTOR SHALL PROVIDE CERTIFICATES OF SUCH POLICIES OR OTHER EVIDENCE OF COVERAGE SATISFACTORY TO CITY’S RISK MANAGER. TOGETHER WITH EVIDENCE OF PAYMENT OF PREMIUMS. TO CITY AT THE COMMENCEMENT OF THIS AGREEMENT. AND ON RENEWAL OF THE POLICY,OR POLICIES. NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF " TERMS OF ANY SUCH POLICY. "1 ERMINATION. THIS AGREEMENT .MAY BE TERMINATED BY CITY UPON TEN (10| DAYS WRI’FI’EN NOTIC.E TO CONTRACTOR. MONIES THEN OWING BASED UPON WORK SATISFACTORILY ACCOMPLISHED SHALL BE PAID TO CONTRACTOR, CHANGES. THIS AGREEMENT SHALL NOT BE A~IGNED OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE CITY. NO CHANGES OR VARIATIONS OF ANY KIND ARE AUTHORIZED WITHOUT THE WR|’~TEN CONSENT OF THE CITY MANAGER. AUDITS. CONTRACTOR AGREES TO PERMIT CITY TO .AUDIT. AT ANY REASONABLE TIME DURING THE TERM OF THIS AGREEMENT AND FOR THREE (3) YEARS THEREAFTER, CONTRACTOR’S RECORDS PERTAINING TOMATI’ERS COVERED BY THIS AGREEMENT. CONTRACTOR FURTHER AGREES TO MAINTAIN SUCH RECORDS FORAT LEAST THREE (3) YEARS AFTER THE TERM OF THIS AGREEMENT. NO IMPLIED WAI;VER. NO PAYMENT. PARTIAL. PAYMENT, ACCEPTANCE, OR PARTIAL ACCEPTANCE BY CITY SHALL OPERATE AS A WAIVER ON THE PART OF CITY OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT. CITY’S PROPERTY. TITLE TO CITY’S PROPERTY FURNISHED TO CONTRACTOR SHALL REMAIN IN THE CITY. CONTRACTOR SHALL NOT ALTER OR USE PROPERTY FOR ANY PURPOSE. OTHER THAN THAT SPECIFIED BY CITY, OR FOR ANY OTHER PERSON WITHOUT THE PRIOR WRITTEN CONSENT OF CITY. CONTRACTOR SHALL STORE, PROTECT, PRESERVE, REPAIR AND MAINTAIN SUCH PROPERTY IN ACCORDANCE WITH SOUND PROFESSIONAL PRACTICE. ALL AT CONTRACTOR’S EXPENSE. NON-DISCRIMINATION. NO DISCRIMINATION SHALL BE MADE IN THE EMPLOYMENT OF PERSONS UNDER THIS AGREEMENT BECAUSE OF THE RACE, COLOR, NATIONAL ORIGIN. AGE, ANCESTRY, RELIGION OR SEX OF SUCH PERSON. WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS AND SERVICES COVERED BY THIS AGREEMENT SHALL CONFORM TO THE SPECIFICATIONS, REQUIREMENTS, INSTRUCTIONS, OR OTHER DESCRIP- TIONS UPON WHICH THIS AGREEMENT IS BASED. SHALL BE FITANDSUFFICIENT FOR THE PURPOSE INTENDED. OFGOOD MATERIAL ANDWORKMANSHIP AND FREE FROM DEFECT ANDTHAT MATERIALS ANDSERVICES OF CONTRACTOR’S DESIGN WILL BEFREE FROM DEFECT IN DESIGN. INSPECTION, TEST, ACCEPTANCE, PAYMENT OR USE OF THE GOODS FURNISHED HEREUNDER SHALL NOT AFFECT THE CONTRACTOR’S OBLIGATION UNDER THIS WARRANT’Y, AND SUCH WARRANTIES SHALL SURVIVE INSPECTION, TEST ACCEPTANCE AND USE. CONTRACTOR A(~REES TO REPLACE. RESTORE. OR CORRECT DEFECTS OF ANY MATERIALS OR SERVICES NOT CONFORMING TO THE FOREGOING WARRANTY PROMPTLY. WITHOUT EXPENSE TO CITY, WHEN NOTIFIED OF SUCH NONCONFORMITY BY crPt’. IN THE EVENT OF FAILURE BY’CONTRACTOR TO CORRECT DEFECTS IN OR REPLACE NONCONFORMING GOODS OR SERVICES PROMPTLY, CITY, AFTER REASONABLE NOTICE TO CONTRACTOR, MAY MAKE SUCH CORRECTIONS OR REPLACE SUCH MATERIALS OR SERVICES AND CHARGE CONTRACTOR FOR THE COST INCURRED BY THE CITY THEREBY. WORKERS’ COMPENSATION. CONTRACTOR. BY EXECUTING THIS AGREEMENT, CERTIFIES THAT IT IS AWARE OF THE PROVISIONS OF THE LABOR CODE OF THE STATE OF CALIFO.RNIA WHICH REQUIRE EVERY EMPLOYER TO aE INSURED AGAINST LIABILITY FOR WORKERS’ COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCEWITH THE PROVISIONS OF THAT CODE. AND CERTIFIES THAT IT W~LL COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS AGREEMENT. PRICE TERMS. (a) EXTRA CHARGES, INVOICES AND PAYMENT. NO EXTRA CHARGES OF ANY KIND WILL BE ALLOWED UNLESS SPECIFICALLY AGREED TO IN WRITING BY CITY. ALL STATE AND FEDERAL EXCISE. SALES AND USE TAXES SHALL BE STATED SEPARATELY ON THE INVOICES. (b) TRANSPORTATION CHARGES. ANY TRANSPORTATION CHARGES WITH RESPECT TO WHICH CONTRACTOR IS ENTITLED TO RECEIVE REIMBURSEMENT SHALL BE ADDED TO CONTRACTOR’S iNVOICE AS A SEPARATE ITEM, WITH THE RECEIPTED FREIGHT BILL A’n’ACHED THERETO. (c) CONTRACTOR WARRANTS THAT THE PRICES FOR MATERIALS OR SERVICES SOLD TO CITY UNDER THIS AGREEMENT ARE NOT LESS FAVORABLE THAN THOSE CURRENTLY EXTENDED TO ANY OTHER CUSTOMERS OF THE SAME OR LIKE ARTICLES OR SERVICES IN .EQUAL OR LESS QUANTITIES. IN EVENT CONTRACTOR REDUCES ITS PRICE FOR SUCH MATERIALS OR SERVICES DURING THE TERM OF THIS AGREEMENT, CONTRACTOR AGREES TO REDUCE THE PRICES OR RATES HEREOF CORRESPONDINGLY. SCHEDULES OR DELIVERY. T~ME IS OF THE ESSENCE OF THIS AGREEMENT. CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC SCHEDULE PROVIDED BY THE CITY OR AGREED UPON HEREIN WITHOUT DELAYAND WITHOUT ANTICIPATING CITY’S REQUIREMENTS. CONTRACTOR ALSO AGREES NOT TO MAKE MATERIAL COMMITMENTS OR SCHEDULING ARRANGEMENTS IN EXCESS OF THE REQUIRED AMOUNT OR IN ADVANCE OF THE TIME NECESSARY TO MEET THE SCHEDULE(S) OF THIS AGREEMENT. IF ANY. TRANSPORTATION, PACKAGING & LABELING, A.LL MATERIALS OR SERVICES ARE TO BE PROVIDED: (a) F.O.EL PALO ALTO UNLESS OTHERWISE SPECIFIED: (b) WITH A PACKING LIST ENCLOSED IN CARTONS. WHICH INDICATE THE AGREEMENT NUMBER, EXACT QUANTITY AND DESCRIPTIONS, CONCERNING ANY MATERIAL SHIPMENTS; (c) AND COMPLY WITH CURRENT PACKAGING AND LAF~ELING REQUIREMENTS PRESCRIBED BY D.O.T. PAYMENT RECORD" Warrant No. (1) (2) (For Department Use) Dat.___~e Amount Warrant No. (4) (5) Date Amount D. E. F. ~ART II - INSURANCE REQUIREMENTS - Lon9 Form City of Pale Alto:SECTION CONTRACTOR: Insurance Requirements for Contractors PROJECT MANAGER:’ CONTRACT NAME: Keith LaHaie, PW Equipment Maintenance Heav~ Equipment Maintenance GENERAL TERMS AND INSTRUCTIONS THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER. CONTRACTORS TO THE crI’Y OF PALO ALTO, AT THEIR SOLE EXPENSE SHALL OBTAIN AND M,t’JNTAIN INSURANCE FOR THE TERM OF THE COI, fT’RACT. CONTRACTORS W1LL BE REQUIRED TO PROVIDE A CERTIFICATE EVIDENCING THE INSURANCE AND NAMING THE cn’Y AS AN ADDmONAL INSURED. ALL INSURA~NCE COVERAGE REQUIRED SHALL BE PROV1DED THROUGH CARRIERS ~ A BEST RATING OF A:VII OR HIGHER THAT ARE ADMrTI’ED TO DO BUSINESS IN THE STATE OF CALIFORNIA. THE CERTIFICATE OI= INSURANCE MUST BE COMPLETED AND EXECUTED BY AN AUTHORIZED REPRESENTATWE OF THE COMPANY PROVIDING INSURANCE, FILED WITH THE cr’rY,AND APPROVED BY THE CITY BEFORE CONTRACT W~LL BE CONSIDERED COMPLETE AS RESPECTS INSURANCE, RETURN THE COMPLETED CERT/FICATE TO THE C/TY OF PAL O AL TO, P UR OHA S/NG & C ONTRA C T ADMINISTRATION, 250 HAMILTON AVENUE, PAL O ALTO 94301. THE INSURANCE REQUll~EMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT. TYPE OF COVERAGE REQUIREMENT LONG FORM IMinimum Limits) ~Worker’s Compensation. Automobile Liability ¯ j~ .Comprehensive General Liability: INCLUDING:¯PERSONAL INJURY¯BROAD FORM PROPERTY DAMAGE o BLANKET CONTRACTUAL¯FIRE LEGAL LIABILITY Statutory BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED .Comprehensive Automobile Liability: INCLUDING: " OWNED ¯HIRED " NON-OWNED [] Professional Liability: INCLUDING: ¯ERRORS AND OMISSIONS ¯ MALPRACTICE (ff Applicable) ¯ NEGLIGENT PERFORMANCE ~L-.THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED BODILY INJURY (Each Person) BODILY INJURY i’~,==t o=~,~,~ "I $1,000,000 $1000000 PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED ALL DAMAGES The City of Pale Alto, its officers, agents ~hd employees are named as additional insured, but only as to work performed under contract. Said coverage as to the City of Pale Alto, etc., shall be primary coverage, without offset against City’s existing insurance and any other insurance carried by the City being excess insurance only. VVhere the work involves grading, paving, excavating, drilling or other underground work, the policy includes destruction of wires, conduits, pipes, mains, or other similar property or any apparatus in connection therewith below the surface of the ground whether owned by third parties or the City of Pale Alto. Where the work involves excavating, collapse coverage is provided in the amounts above. The policy includes a "Severability of Interest" provision. Deductibles over $5,000 must be indicated and are subject to approval. If such policies are canceled or changed during the period of coverage as stated herein, in such a manner as to affect the Certificate, thirty (30) days written notice will be mailed to the City of Pale Alto, Contract Administration, P.O. Box 10250, 94303 The liability insu~ policy includes a contractual liability endorsement providing insurance coverage for Contractor’s agreement to indemnify the City. The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions called for herein. DATE:~/’~’~ !?~"~ONTRACTADMINISTRATOR: /~’/~~enM, Haskins, Manaqer (415>329-2300 END OF SECTION CITY OF PALO ALTO: Insurance Requirements (REV.6/94)SECTION 00650-1 PART II -TRUCK ROUTE MAP AND REGULATIONS SECTION CITY of PALO AL TO DIGEST OF TRUCK REGULATIONS (Instructions) DEFINITIONS (REFER TO MAP HEREIN) A.TRUCK. ANY VEHICLE EXCEEDING ~ MAXIMUM GROSS W~IGHT OF SEVEN (7) TONS. B.RESTRICTED STREET. ALL STREETS IN THE CITY EXCEPT THROUGH AND LOCAL TRUCK ROUTES. C.THROUGH TRUCK ROUTE. ANY STREET UPON WHICH THE UNRESTRICTED USE OF TRUCKS IS PERMII"rED. THROUGH TRUCK ROUTES ARE INDICATED AS HEAVY LINES THE MAP, D.LOCAL TRUC~ ROUTE. ANY STREET UPON WHICH TRUCKS WITH A ORIGIN AND/OR DESTINATION WITHIN THE CITY MAY OPERATE BUT ONLY BETWEEN THE HOURS OF 7.KX) A.M. TO 7:00 P.M. THESE LOCAL TRUCK ROUTES BECOME RESTRICTED STREETS BETVV~EN THE HOURS OF 7:00 P.M. TO 7:00 A.M, LOCAL TRUCK RouTEs ARE INDICATED AS DASHED LINES ON THE MAP. E.DESTINATION OR DESTINATIONS. EITHER A SINGLE DELWERY OR SEVERAL DELI~/ERIES WITHIN Mut TIPLE DELIVerY ZONES ON THE MAP. lid 111. IV. GENERAL A. B. C. D. E, No TRUCK SHALL BE DRIVEN ~1 ANY BUSINESS DISTRICT BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M. ON ANY DAY EXCEPT SUNDAY IF ITS LOAD EXTENDS MORE THAN THREE FEET TO THE FRONT OR MORE THAN TEN FEET TO THE REAR. WHEN APEROI~IATE SJGNS ARE ERECTED, NO PERSON SHALL OPERATE, DRIVE OR CAUSE OR PERMIT TO BE OPERATED OR DRIVEN, ANY TRUCK ON ANY RESTRICTED STREET EXCEPT AS HEREINAFTER PROVIDED. NO TRUC~ SHALL ENTER OR LEAVE THE CITY EXCEPT ON A THROUGH OR LOCAL TRUCK ROUTE. ENTRY-EXIT POINTS ARE SHOWN BY CIRCLES ON THE MAP. ALL TRUCKS ENTERING THE CITY FOR DESTINATIONS OUTSIDE THE CITY SHALL OI~RATE ONLY OVER A THOUGH TRUCK ROUTE. ALL TRUCKS ENTERING THE CITY FOR DESTI~IATIONS IN THE CITY SHALL PROCEED ONLY OVER A THROUGH OR LOCAL TRUCK ROUTE AND SHALL DEVIATE THEREFROM ONLY BY THE SHORTEST AND MOST DIRECT ROUTE BETWI~EN EACH DESTINATION AND THE NEAREST THROUGH OR LOCAL TRUCK ROUTE. UPON LEAV~IG EACH DESTINATION, A DEVIATING TRUCK SHALL RETURN TO THE NEAREST THROUGH OR LOCAL’TRUCK ROUTE BY THE SHORTEST AND MOST DIRECT ROUTE EXCEPT THAT IT MAY GO DIRECTLY TO THE NEXT DESTINATION BY THE SHORTEST AND MOST DIRECT ROUTE WITHOUT REGARD TO TRUCK ROUTES IF IT WILL RESULT IN A SHORTER DISTANCE BEING TRAVELED ON RESTRICTED STREETS. ALL TRUCKS, ON A TRIP ORIGINATING IN THE CITY AND TRAVELING IN THE CITY FOR DESTINATIONS OUTSIDE THE CITY, SHALL PROCEED BY THE SHORTEST AND MOST DIRECT ROUTE TO THE NEAREST THROUGH OR LOCAL TRUCK ROUTE, ALL TRUCKS, ON A TRIP ORIGINATING IN THE CiTY AND TRAVELING FOR DESTINATIONS IN THE CITY~ SHALL PROCEED BY THE SHORTEST AND MOST DIRECT ROUTE TO THE NEAREST THROUGH OR LOCAL TRUCK ROUTE AND SHALL THEN DEVIATE THEREFORE ONLY BY THE SHORTEST AND MOST DIRECT ROUTE BETWEEN EACH DESTINATION AND THE NEAREST THROUGH OR LOCAL TRUCK ROUTE EXCEPT THAT IT MAY GO DIRECTLY TO THE NEXT DESTINATION BY THE ¯SHORTEST AND MOST DIRECT ROUTE V~ITHOUT REGARD TO TRUCK ROUTES IF IT WILL RESULT IN A SHORTER DISTANCE BEING TRAVELED ON RESTRICTED STREETS~ THE INTERPRETATION OF THE ABOVE SHALL BE ;AS FOLLOWS: 1 ¯ ALL TRUCKS MAKING OELIVERIES OR PICKUPS EAST OF MIDDLEFIELO RD. (ASSUMING MIDOLEFIELD TO RUN NORTH-SOUTH) MUST COME FROM THROUGH OR LOCAL TRUCK ROUTES EAST OF MIDDLEFIELD. ALL TRUCKS MAKWG DELIVERIES OR PICKUPS ~VEST OF MIDDLEFIELD MUST COME FROM THROUGH OR LOCAL TRUCK ROUTES WEST OF . MIDOLEFIELD. " " 3. ALL TRUCKS MAKING DELIVERIES oR PICKUPS TO THE MIDDLEFIELD RD. MULTIPLE DELWERY ZONE MUST USE OREGON EXPRESSWAY HOURS A DAY. ALL TRUCKS MAKING DELIVERIES OR PICKUPS TO OTHER SECTIONS OF MIDDLEFIELD MAY USE ANY THROUGH OR LOCAL TRUCK ROUTE, BUT MUST REMAIN ON THE TROUGH OR LOCAL TRUCK ROUTE TO THE POINT NEAREST TO THEIR DESTINATIONS. 4.ALL TRUCKS MAKING DEUVERES OR PICKUPS TO STANFORD INDUSTRIAL P,~RK MUST COME FROM EL CAMINO REAL, ALMA, OR PAGE MILL RD. OR FROM BAYSHORE VIA SAN ANTONIO BETWEEN BAYSHORE AND ALMA WITHOUT USING ANY RESTRICTED STREET BETWEEN BAYSHORE AND EL CAMINO REAL. ¯ . WEIGH-IN. ANY POLICE OR:ICER SHALL HAVE THE AUTHORITY TO ORDER ANY COMMERCIAL VEHICLE NOT ON A THROUGH TRUCK ROUTE TO A PUBLIC OR PRIVATE SCALE TO DETERMINE IF IT IS IN COMPLIANCE WITH THIS SECTION OF THE CODE. EXCEPTIONS. A.TRUCKS MAKING PICKUPS OR DELIVERIES ON RESTRICTED STREETS CAN USE RESTRICTED STREETS BETWEEN THE NEAREST THROUGH OR LOCAL TRUCK ROUTE AND THE SPECIFIC ADDRESS. B.THIS SECTION SHALL NOT APPLY ~’O THE FOLLOWING: 1 .PASSENGER BUSES CONTROLLED BY THE P.U.C. AND SCHOOL BUSES. ~.,ANY VEHICLE OWNED OR OPERATED BY A PUBLIC UTI’LITY, OR BY THE CITY, OR REFUSE VEHICLES UNDER CONTRACT WITH THE CITY. 3.ANY AUTHORIZED EMERGENCY VEHICLE. GRADING PERMITS. TRUCK ROUTES DESIGNATED IN PERMITS ISSUED UNDER THE PROVISIONS OF THE EXCAVATION, GRADING, AND FILLS ORDINANCE .MUST BE IN COMPLIANCE WITH ROUTES ESTABLISHED IN THIS SECTION. THIs DIGEST SHALL IN NO WAY CHANGE THE LEGAL INTERPRETATIONS OR MEANING OF THE PALO ALTO MUNICIPAL CODE. CITY of PALO ALTO: Truck Route In|ormstion |3194.Rsv.l12EI94J SECTION 0086(~ 1 PART II- TRUCK ROUTE MAP AND REGULATIONS CITY of PALO AL TO DIGEST OF TRUCK REGULATIONS (Truck Route Map) CHAPTER 10.48 P.A.M.C. NOTE: MIDDLEFIELD RD. IN MENLO PARK HAS A 3 TON WEIGHT LIMIT. SECTION J850 ~LEGEN D~ END OF SECTION CITY of PALO ALTO: Truck Rout= Inlorm=tmn {3194.Rev. t125194) SECTION 00850-2 Item Bid Summary Heavy Equipment Repairs (Vendor)Peterson Tractor Empire Equipment i. Labor rate day shift(hourly) 2. Labor rate swing shift(hourly 3. Transport equipment (flat rate) $72.00 $90.00 $366.00 $55.00 $55.00 $300.00