HomeMy WebLinkAbout22-Public Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution authorizing the execution
of an agreement with two one-year extensions
at the City's option and purchase order in the
amount of$85,228.10 between the City of San
Bernardino and Wastequip for the purchase of
3 and 4-yard commercial and residential
dumpsters utilized by the Public Services
Refuse Division.
Department: Public Services
Date: January 22, 2007 Meeting Date: February 20, 2007
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
Signature
Contact Person: Ken Fischer, Director Phone: 5140
Supporting Data Attached: Ward: All
Staff Report, Resolution, Bids
Agreement
FUNDING REQUIREMENTS: Amount: $85,228.10
Source: FY 06-07
Account No. 527-413-5112
Small Tools and
Equipment
Finance:
Council Notes: �ez_o 2-007-57
Agenda Item No. --
7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the execution of an agreement with two one-year extensions at the City's
option, between the City of San Bernardino and Wastequip for the purchase of 3 and 4-yard
commercial and residential dumpsters utilized by the Public Services Department, Refuse Division
and issuance of a purchase order in the amount of$85,228.10.
Background:
The Public Services Refuse Division provides commercial dumpster services to commercial and
residential customers throughout the City. The bin dumpsters are sized from 3 to 4-yards and are
serviced using refuse trucks.
Due to the age and poor conditions of the current 3 and 4-yard dumpsters in supply from normal wear
and tear, the refuse drivers are having a difficult time picking up (servicing) the damaged dumpsters,
thus decreasing efficiency. Damages include broken wheels, damaged sleeves and broken lids. As
part of the Division's on-going dumpster replacement program, the Department has budgeted for the
purchase of replacement of 3 and 4-yard dumpsters.
The Public Services Refuse Division is planning on purchasing the following dumpsters: sixty-one
(61) 3-yard dumpsters and one-hundred and four (104) 4-yard dumpsters.
Notices inviting bids RFQ-07-11 for refuse dumpsters were sent to five (5) qualified vendors also to
Chambers of Commerce and on the City Web site. All vendors responded. The bids received are as
follows:
Quantity Item Wastequip El Consolidated US Cubic Action
Monte, CA Fabrications Transportation Containers Containers
Van Nuys, CA Corona, CA Sun Valley, CA Solutions
Phoenix, AZ
61 3-yard $ 26,474.00 $ 27,877.00 $ 29,774.10 $ 30,805.00 $ 32,940.00
104 4-yard $ 52,624.00 $ 55,016.00 $ 57,374.72 $ 58,240.00 $ 63,856.00
Total $ 79,098.00 $ 82,893.00 $ 87,148.82 $ 89,045.00 $ 96,796.00
The lowest qualified bid came from Wastequip, which is located in El Monte, California. Including
sales tax of 7.75% the total cost is $85,228.10.
Financial Impact:
Funding for these purchases are included in the FY 06-07 Refuse budget, Account Number. 527-413-
5112, Small Tools and Equipment for an estimated total not to exceed $85,228.10.
Recommendation:
Adopt resolution.
Fedor Ma
From: Fedor—Ma
Sent: Thursday, April 05, 2007 8:52 AM
To: Lewis Li
Subject: Pending Agreements
Good morning Lisa,
Could you please check and see if your office has received the executed agreements for the the following Resolutions
adopted 2/20/07:
2007-57 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and purchase order in the amount of$85,228.10 between the City of San
Bernardino and Wastequip for the purchase of 3 and 4-yard commercial and residential dumpsters utilized by
the Public Services Refuse Division.
2007-58 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and purchase order in the amount of$95,457.88 between the City of San
Bernardino and Wastequip for the purchase of commercial and residential roll-off refuse bins utilized by the
Public Services Department, Refuse Division.
The deadline to be executed is April 23, 2007.
Thanks
Margaret
i
Fedor Ma
From: Lewis Li
Sent: Thursday, April 05, 2007 9:50 AM
To: Fedor—Ma
Cc: Stell_Wa
Subject: RE: Pending Agreements
Margaret,
The below was executed and Certified mailed, which Wastequip received and signed for on February
28, 2007. 1 have placed a call to Wanda in Refuse as she is the contact with the vendor. She is
calling them as I type this to find out why they have not return the Agreements us. I will keep you
posted.
Lisa
Wanda,
Thanks for all your help.
Lisa
Lisa D. Lewis
Senior Secretary
lewis_li @sbcity.org
City of San Bernardino
Public Services Department
909-384-5140 phone
909-384-5190 fax
-----Original Message-----
From: Fedor—Ma
Sent: Thursday,April 05, 2007 8:52 AM
To: Lewis—Li
Subject: Pending Agreements
Good morning Lisa,
Could you please check and see if your office has received the executed agreements for the the following Resolutions
adopted 2/20/07:
2007-57 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and purchase order in the amount of$85,228.10 between the City of San
Bernardino and Wastequip for the purchase of 3 and 4-yard commercial and residential dumpsters utilized
by the Public Services Refuse Division.
2007-58 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and purchase order in the amount of$95,457.88 between the City of San
Bernardino and Wastequip for the purchase of commercial and residential roll-off refuse bins utilized by
the Public Services Department, Refuse Division.
The deadline to be executed is April 23, 2007.
i
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management(RIM) Program
DATE: February 23, 2007
TO: Ken Fischer, Director
Public Services Department
FROM: Linda Sutherland, Deputy City Clerk
RE: Transmitting Documents for Signature—Resolution 2007-57
At the Mayor and Common Council meeting of February 20, 2007, the City of San Bernardino
adopted Resolution No. 2007-57 —Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement and purchase order in the amount of
$85,228.10 between the City of San Bernardino and Wastequip for the purchase of 3 and 4-yard
commercial and residential dumpsters utilized by the Public Services Refuse Division.
Attached are one (1) original "Vendor Service Agreement"between"Wastequip" and the City of
San Bernardino and two (2) duplicate originals of the agreement to be executed by the parties.
Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the
City Clerk's Office as soon as possible, to Margaret Fedor. Please retain one (1) duplicate
original of each agreement for your records and forward one (1) duplicate original to the
appropriate party.
Please be advised that the agreement will be null and void if not executed within sixty (60)
days, or by Monday, April 23, 2007.
If you have any questions, please do not hesitate to contact Margaret Fedor at ext. 3206. Thank
you.
I hereby acknowl ge receipt of the above mentioned documents.
a'
Signed
i
Please sign and return
Date: , � -ey
LS/mf
D
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $85,228.10 BETWEEN THE CITY OF
4 SAN BERNARDINO AND WASTEQUIP FOR THE PURCHASE OF 3 AND 4-YARD
COMMERCIAL AND RESIDENTIAL DUMPSTERS UTILIZED BY THE PUBLIC
5 SERVICES REFUSE DIVISION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
9 execute on behalf of said City an Agreement between the City of San Bernardino and
10 Wastequip with two one-year extensions, at the City's option, a copy of which is
11
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
12
13 though set forth at length.
14 SECTION 2. That Wastequip submitted the lowest bid for the negotiated
15 purchase of 3 and 4-yard commercial and residential bin dumpsters in the total amount
16 of $85,228.10. Pursuant to this determination the Purchasing Manager is hereby
17 authorized to issue a purchase order to Wastequip in the amount of $ 85,228.10.
18 SECTION 3. The Purchase Order shall reference this Resolution No. 2007-
19
and shall read, "Wastequip for the purchase of 3 and 4-yard commercial and
20
21 residential bin dumpsters utilized by the Refuse Division." P.O. No. not to
22 exceed $85,228.10 and shall incorporate the terms and conditions of the purchase
23 order.
24 / lll
25
26
27
28
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $85,228.10 BETWEEN THE CITY OF
3 SAN BERNARDINO AND WASTEQUIP FOR THE PURCHASE OF 3 AND 4-YARD
COMMERCIAL AND RESIDENTIAL DUMPSTERS UTILIZED BY THE PUBLIC
4 SERVICES REFUSE DIVISION.
5
6 SECTION 4. The Agreement shall reference this Resolution No. 2007
7 and shall read, "Wastequip for the purchase of 3 and 4-yard commercial and
8 residential bin dumpsters utilized by the Refuse Division City of San Bernardino.
9 Agreement not to exceed $85,228.10" and shall incorporate the terms and conditions
10 of the agreement.
11
SECTION 5. The authorization to execute the above referenced Purchase
12
13 Order is rescinded if it is not issued within sixty (60) days of the passage of this
14 resolution.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $85,228.10 BETWEEN THE CITY OF
3 SAN BERNARDINO AND WASTEQUIP FOR THE PURCHASE OF 3 AND 4-YARD
COMMERCIAL AND RESIDENTIAL DUMPSTERS UTILIZED BY THE PUBLIC
4 SERVICES REFUSE DIVISION.
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7
meeting thereof, held on the day of 2007, by the
8
following vote, to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15
KELLEY
16
JOHNSON
17
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
22 , 2007.
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to Form:
26 By:
James F. Penman
27 City Attorney
28
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20`x' day of February
2007,by and between Wastequip ("VENDOR") and the City of San
Bernardino ("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to purchase 3 and 4 yard commercial and residential bin
dumpsters; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for 3 and 4 yard commercial and residential bin dumpsters.
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
07-11, purchase 3 and 4 yard commercial and residential bin dumpsters, dated February 20,
2007, attached hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $85,228.10 for purchase 3 and 4 yard
commercial and residential bin dumpsters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for one year plus two one-year extensions at the
City's option.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Wastequip
9657 E Rush St.
South El Monte, ca 91733
Telephone: (877) 224-5440
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California of the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
//1
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 12007 VENDOR.
By:
Its:
Dated 72007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
B?s .Ja Penman, City Attorney