HomeMy WebLinkAbout1995-137
1
RESOLUTION NO. 95-137
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A LEASE
PURCHASE AGREEMENT TO KOCH FINANCIAL CORPORATION FOR THE FINANCING
3 OF EIGHTEEN (18) EACH, AUTOMATED SIDE LOADING REFUSE TRUCK CAB AND
CHASSIS AND BODIES, TO BE UTILIZED BY THE PUBLIC SERVICES
4 DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-06 AND F-95-
07.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That Koch Financial Corporation is the lowest and
8 best responsible bidder for the financing of eighteen (18) each,
9 automated side loading refuse truck cab and chassis and bodies in
10 accordance with Bid Specification F-95-06 and F-95-07 for the
11 total amount of $2,398,286.25 at 5.845% interest payable six (6)
12 months in arrears over five (5) years; pursuant to this
13 determination, the Purchasing Manager is hereby authorized and
14 directed to issue Schedule 95-001 addendum to Master Lease
15 Purchase Agreement Number 9036, for said financing of eighteen
16 (18) each, automated side loading refuse truck cab and chassis and
17 bodies to said lowest and best responsible bidder; such award
18 shall only be effective upon the issuance of a Schedule 95-001
19 Addendum to Master Lease Purchase Agreement Number 9036 by the
20 Purchasing Manager and all other quotations therefore are hereby
21 rejected.
22 SECTION 2. The authorization to execute the above referenced
23 Lease Purchase Agreement is rescinded if the parties to the
24 agreement fail to execute it within sixty (60) days of the passage
25 of this resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING SCHEDULE A
LEASE PURCHASE AGREEMENT TO KOCH FINANCIAL CORPORATION FOR THE
FINANCING OF EIGHTEEN (18) EACH, AUTOMATED SIDE LOADING REFUSE
TRUCK CAB AND CHASSIS AND BODIES, TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION F-95-06
AIiID F-95-07.
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the city of San
Bernardino at a reau1ar
meeting thereof, held on the 1st
day of
May
, 1995, by the following vote, to wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
The foregoing
of May
R ruM C1btl6
~ pITY~R~~. A' ~~
0tlnwfd... r NJJliJ1cM ..d
resolu ion is hereby approved this day
1995.
-I~f~
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B~~f4/
2
- 1/5-/37
Tax-Exempt Lease Purchase Proposal
For
The City of San Bernardino
Equipment Description:
18 Refuse Vehicles
Equipment Cost:
$2,053,910.61
Lease Term:
5 years
Payment Frequency:
Semi-Annual in Arrears
Payment Amount:
$239,828.62
Interest Rate:
5.845%
Documentation:
To be mutually acceptable to Lessee and
Lessor.
Bank Qualification:
This proposal assumes the financing will be
designated as a "qualified tax-exempt
obligation" as defined in Section 265 (b) (3)
of the Internal Revenue Code.
- t1S-/3'7
EXHIBIT A TO EQUIPMENT LEASEIPURCHASE AGREEMENT
SCHEDULE OF RENTAL PAYMENTS
Rental Payment Rental Payment Interest Principal Purchase
Number Amount EQrtiQn ~ Price
I $239,828.62 $60,023.85 $179,804.77 $1,911,587.96
2 $239,828.62 $54,769.21 $185,059.41 $1,722,827.36
3 $239,828.62 $49,36 LOO $190,467.62 $1,528,550.38
4 $239,828.62 $43,794.74 $196,033.88 $1,328,595.82
5 $239,828.62 $38,065.81 $201,762.81 $1,122,797.75
6 $239,828.62 $32,169.45 $207,659.17 $910,985.40
7 $239,828.62 $26,100.78 $213,727.84 $692,983.00
8 $239,828.62 $19,854.76 $219,973.86 $468,609.67
9 $239,828.62 $13,426.21 $226,402.41 $237,679.21
10 $239,828.62 $6,809.78 $233,018.84 -$0.00
Totals:
$2,398,286.20
$344,375.59
$2,053,910.61
A.'
~_.
1!;5-;37
rlTY OF SAN BERNARDINO'
OFFICE OF THE PURCHASING AGENT
250 W. CLUSTER STREET .
SAN BERNARDINO, CALIFORNIA 9241B
PURCHASE N
ORDER O. 006317
"*~4lli-* PAGE 1
02/13/95
TO. FAIRVIEW FORD SALES,' INC.
VENDOR
292 N G STREET
ORDER ADDRESS
SAN BERNARDINO. CA 92410
DATE OF ORDER
PROMPT PAYMENT DISCOUNT
NONE
I VENDOR NO.
016160
IIRE~;;658
CITY
STATE
ZIP
DELIVER TO.. PUBLIC SERVICES/GARAGE
182 S SIERRA WAY
SAN BERNARDINO. CA 92408
ORDERING DEPARTMENT
POLICE DEPARTMENT
EQUIP. NO. I BID NO. I HAl. MAIL./PRIORITY IINVENTORY
F95017 11
909 885-0908 CRAIG
PO BOX 5516
VENDOR'S PAYMENT ADDRESS
SAN BERNARDINO. CA 92412
CITY STATE ZIP
DESCRIPTION OF ARTIClES OR SERVICES REQUIRED
QUANTITY UNIT
UNIT PRICE
EXTENSION
001-213-5803-0000
$530.880.95
SUB T TAL
TOTAL TAX
TOTAL FREI
TOTAL AMOU
*****
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$530. 88q.95
$q.OO
$q.OO
$530. 88q.95
F-95-17
FY 94/95
--------------------------------------
1 VENDOR - FAIRVIEW FORD SHALL FURNISH
AND DELIVER TWENTY-TWO (22) 1995
POLICE PURSUIT VEHICLES, CROWN
VICTORIA WITH PRIEMIUM CARE EXTENDED
SERVICE PLANS FOR EACH VEHICLE PER
SPECIFICATION AND BID DATED 1-24-95
1 LT 50880.9
APPROVED BY MAYOR AND COMMON COUNCIL
FEBRUARY 6. 1995. RESOLUTION *95-37
~**************************************************
GENERAL LEDGER ACCOUNT NUMBER
CC 950
COORDINATE DEUVERY WITH:
DELIVERY REQUIRED BY
ACCOUNTING
CODE:
ENCUMBRANCE
AMOUNT:
CAPT WES FARMER 382-8622
05/31/95
BUYER TO CONTACT REGARDING
THIS PURCHASE
IMPo.RTANT: INVOICES MUST BE FORWARDED TO THE FINANCE DEPARTMENT, 300 N. "0" Street, San Bernardino, CA 92418 immediately upon
delivery of articles or performance of services ordered hereon unless otherwise indicated. Invoices must show on their face the NUMBER OF THIS
ORDER, which appears in the upper right hand corner hereof, the name of the department to which the goods were furnished; that the same covers
complete or partial delivery or performance as the case may be, an~ amount of prompt payment discount.
FREIGHT CHARGES, IF ALLOWED MUST BE PREPAID AND ITEMIZED ON INVOICE. ALL PURCHASES F.O.B. DELIVERY
ADDRESS UNLESS OTHERWISE SPECIFIED ON PURCHASE ORDER. ALL ARTICLES OR SERVICES FURNISHED
PURSUANT TO THIS PURCHASE ORDER SHALL COMPLY WITH ALL CAL-OSHA STANDARDS AND REGULATIONS
AND ALL APPUCABLE GOVERNMENTAL LAWS AND ORDERS.
'flCHASES ARE SUBJECT TO. THE Co.NDlTIo.NS PRINTED ON wre -. '-RSE SIDE o.F THIS SHEET
15-/37
This order is subject to the following terms and conditions:
1. ALL PURCHASES EO.B. DESTINATION DELIVERY ADDRESS UNLESS OTHERWISE SPECIFIED ON
PURCHASE ORDER.
2. No variation In any of the terms, conditions, deliveries. prices, quality, quantity or specifications, of this
order, irrespective of the wording of the seller's acceptance, will be eftective without the written consent
of the Purcr,aslng Agent
3. Packing lists must accompany each shipment, showing our order number, description, part number for
each item and name of "Deliver to" department
4. Shipments must be identified as "PARTIAL' or "COMPLETE".
5. Material is subject to buyer's inspection and approval within a reasonable time after delivery; if specifica-
tions are not met or If material is not approved, material may be returned at seller's expense.
6. Send invoice promptly for each partial or complete shipment, shOWing our order number.
7 InVOice each Purchase Order separately, In duplicate.
8. In connection With any prompt payment discount specified on this order, time will be computed from the
date of complete delivery or articles or services as specified, or from the date correct invoices are receiv-
ed in the Finance Department If the latter date is later than the date of delivery Payment is deemed to be
made. for the purpose of earning the discount on the date of mailing of the City warrant or check.
9. C.o.D. Shipments will not be accepte,j.
10. Overshlpments. unless specifically authOrized by the Purchasing Agent Will not be accepted.
11. Vendor shall supply all Items. components, parts, processes. etc. as furnished and supplied as his "stan-
dard" article or service and as so advertised, whether or not such Items, components, parts, processes.
etc are speCifically speCified herein.
12. All articles or services furnished pursuant to this purchase order shall comply with all CAL-OSHA stan-
dards and regulations and all applicable governmental laws and orders.
13. TERMINATION - City reserves the right to terminate Its obligations under this order or any part hereof
if any delivery is not made Within the time provided, or, if no time IS specified, within a reasonable time.
or if the material that is delivered is not as speCified. Such right shail be In addition to City's otherlegal
rights, whether set forth in thiS order or not Acoeptance of any part of the order shall not bind City to ac-
cept future shipments. nor deprive it of the right to return goods already accepted.
THE CITY OF SAN BERNARDINO WILL NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES
FURNISHED OFFICIALS OR EMPLOYEES WITHOUT A PURCHASE ORDER SIGNED BY THE PURCHAS-
ING AGENT OR HIS AUTHORIZED REPRESENTATIVE.
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.8.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 purcnases of
goods, matenals, 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 purcr,asing body tenders final payment to the
bidder
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15-/37
Specihcation No.
F-95-17
FURNISHING AND DELIVERING OF
Twenty-t>-.u Each, Police Patrol Vehicles
FOR
THE CITY OF SAN BERNARDINO, CALIFORNIA
NOTICE TO BIDDERS
It is not the intent to ruie out or eliminate any prospective bidder or manufacturer. If the product you intend to bid does not
comply with the specifications as written, you are instructed to attach to your bid proposal a complete itemization and
explanation. The City of San Bernardino may, at its own discretion, consider or deny any deviation and purchase the
equipment which best suits its intended usage. The bidder shall not purposely bid equipment of a lesser quality, which
requires deviation from the specifications, if the bidder can furnish equipment which will comply with the minimum
specifications.
It is the intent of these specifications to cover the furnishing and delivering to the City of San Bernardino complete
equipment ready for use and fully equipped as hereinafter mentioned, with a view to obtaining the best results and the most
acceptable equipment for service to the City of San Bernardino. These specifications cover general requirements as to the
type of construction to which the items must conform, together with certain details as to fmish, equipment and appliances
with which the successful bidder must conform. Minor details of construction and materials, where not otherwise specified,
are left to the discretion of the manufacturer, who shall be solely responsible for the design and construction of all features.
The equipment shall be the latest type to suit the nature of the service which the equipment must perform if accepted.
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Specification No. F-95-17 . All specifications are minimum. Bidders are
expected to meet or exceed these specifications as written, bidder shall attach to bid proposal a complete detailed itemization
and explanation for each and every deviation or variation from these specifications. Conditional bids, or those which take
exception to the specifications. may be considered nonresponsive and may be rejected.
2. The City of San Bernardino reserves the right to accept or reject any and all bids and to award a contract to the bidder
who best meets City requirements, This may include waiver of minor irregularities or discrepancies, or nonconformity to
specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant
factors, including, but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's
responsibility and record, durability and known operational record of product, price of product and suitability and
conformity to City needs and requirements.
3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified, at unit prices bid.
4. Bids shall be firm offers, subject to acceptance or rejection within
nO
days of the opening thereof.
5. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid
consideration.
6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these
respective kinds and must conform to the character of the equipment and the service for which it is intended to be used
and shall be produced by use of current manufacturing processes. "Seconds", factory rejects and substandard goods are not
acceptable.
7. Each bidder shall submit with his bid a copy of his proposed product specifications, complete detailed drawings, and
other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered.
8. Manufacturer andlor contractor shall defend any and all suits and assume all liability for any and all claims made against
the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a
part of equipment or any item furnished under the contracl.
'1 f5 -/37
9. Each bidder shall state in his bid proposal the guaranteed date of delivery in number of calendar days from the date of
contract execution by the City of San Bernardino, time is of the essence relative to this contract. Successful bidder
(contractor) shall prosecute the work continuously and diligently and shall deliver the bid items at the earliest possible date
following the award of the contract.
Spe: ~ation No.
F-95-17
10. Each bidder shall list in his bid proposal all factory-manufacturer's andlor dealer's warranty and guarantee coverage and
shall submit such written documents evidencing the same attached to the bid proposaL
II. Successful bidder shall furnish and deliver to the City of San Bernardino complete equipment as bid and awarded, ready
for installation and fully equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges fully prepaid), and shall include all discounts.
Bid shall include California sales tax computed at the rate of 7.75%
13. City shall make payment by cash within thirty (30) days after complete delivery and acceptance of the specified ifems
by the City of San Bernardino and receipt of bidder's priced invoice.
14. All "standard equipment" is included in any bid. Bidders furnishing proposals under these specifications shall supply all
items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly
excepted in bids.
15. The items which the bidder proposes to furnish to the City of San Bernardino must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether
such safety features andlor items of equipment have been specifically outlined in these specifications or not.
16. Successful bidder delivering equipment pursuant to these specifications shall guarantee that equipment meets specifica-
tions as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the
successful bidder shall be required to correct the same at his own expense.
17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth
pursuant to this specification, damage will be sustained by the City, and that it is and will be impractical and extremely
difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such
delay. Therefore, it is agreed the successful bidder shall pay to the City as fixed and liquidated damages, and not as a penalty,
a dollar sum in the amount of $ 25.00 dollars per unit per calendar day for each and every calendar day's delay in
making delivery in excess of the time or times specified. Any bidder believing liquidated damages should be in a lesser amount
may so specify as an alternative bid, which the City may accept or reject. Any damages so incurred may be deducted by the
City from the purchase price at time of payment. In the event the successful bidder fails to make complete delivery of items
as specified, bid and awarded, within ten calendar days of the specified contract delivery date, the City shall have the right to
terminate the contract without being liable to the contractor and acquire said bid items as the City deems appropriate. Time
is of the essence.
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by
reason of any cause or circumstance beyond the control of the contractor, the time for delivery may be extended (in City's
sole discretion) by a number of days to be determined in each instance by mutual written agreement between the successful
bidder and the purchasing agent of the City of San Bernardino, California. City shall not unreasonably refuse such extension.
19. Each bid will be submitted and received with the understanding that the acceptance by the City of San Bernardino of the
bid to furnish and deliver specified items described herein shall constitute a contract between the successful bidder and the
City which shall bind the successful bidder on his part to furnish and deliver at the prices (bid) given and in accordance with
provisions of Specification No. P-gS-17
20. Prohibited Interest. No member, officer, or employee of the City or of any agency of City during his tenure or for one
year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties
hereto covenant and agree that to their knowledge no board member, officer, or employee of the City has any interest,
whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the contracting party
other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section
1120) of Division 4 of Title I of the Government Code of the State of California.
21. These specifications, the notice inviting bids, the contractor's bid proposal, the written agreement executed by the
parties, all documents referred to in the complete specifications and all modifications of said documents shall be construed
together as one document. Anything called for in anyone of said docwnents shall be deemed to be required equally as if
t?5'-/?-;
SpeclIlcation No. F-95-17
called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically
set out in the contract or not. All sections of the specifications shall be read and interpreted as constituting a whole and not
as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections.
22. The City of San Bernardino reserves the right to accept or reject any and all bids.
23. Each bidder may stipulate in his bid proposal a percentage prompt payment discount to be taken by the City in the
event City makes payment to contractor within ten (I 0) working days of receipt of material and approval of invoice. For the
purpose of this provision, payment is deemed to be made on the date of mailing of the City check.
24. Refer all inquiries regarding this bid to
Lovd Corley, Senior Buyer
909
(Xkl,l 384.5085.
25. No bid will be acceptable unless it is made on the proposal form furnished by the City herein. Deliver all bids, signed
and sealed, to the office of the Purchasing Agent, 250 West Cluster Street, San Bernardino, California 92408 with the
specification title and number clearly marked on.the outside of the envelope. All bids must be received in the office of the
Purchasing Agent by 10:00 a.m. Tuesdav. January 24, 1995 where at said place '!lld time said bids will be
publicly opened, examined and declared. Any bid may be withdrawn prior to the above scheduled time for the opening of
bids. Any bid received after the time and date specified shall not be considered.
26. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category or
award one contract for furnishing and delivering of all equipment in all categories.
27. Successful bidder shall be required to furnish, one (I) Operators Manual, one (I) Parts Manual for equipment bid.
28. 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 (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.
29. Bid Bond. No bid will be accepted unless it is made on a proposal form furnished by the City. All bids or proposals
shall be signed, sealed and accompanied by a cashier's check, cash, certified check or bid bond made payable to the City of
San Bernardino in the amount of at least ten percent (I 0%) of the total bid. Such security shall be applied to or be remitted
to the City of San Bernardino, as liquidated damages, should the bidder to whom the contract is awarded fail to enter into
the contract. All bonds furnished pursuant to this notice must be underwritten by a surety company, having a rating in Best's
most recent insurance guide of "A" or better.
i~;h~:!t::~o~::::cme Bonffid' Thie SUC~~St~~1 b~~mder Wmill be~re;~uiredlto fur{fjniSh~a :;hier's c
to insure the con tracto s tip manc fit tt tb t ai i}; s .
San Bernardino, bonds s I ce . \ r in e . I \,It
shall have a rating in Bes s ce msurance gut' e of "A" or better.
eck, cash, certified check or
of the total bid
approval of the City of
ration isssuing said bond