HomeMy WebLinkAbout39-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and increase
to a purchase order to McCray
Enterprises of San Bernardino to
refurbish two (2) automated refuse
trucks, complete with new Labrie
Automizer refuse bodies, to be utilized
by the Refuse Division.
Dept: Public Services
Date: June 19, 2007
Meeting Date: July 2, 2007
Synopsis of Previous Council Action
Reso 2006-143 May 15, 2006 Approved PO $372,599.68
Recommended Motion:
Motion #1: Adopt Resolution
Motion #2: Authorize the Director of Finance to amend the FY 06/07 Refuse budget to
'pp'op,;.te $20,700.00 "om th, ""'PO""""'" R,,,,,, FPOd ~.nc . to 527-412-
5173, Outside Vehicle Maintenance. ~ <.
S ature
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Invoice, Resolution, Agreement.
Ward: All
FUNDING REQUIREMENTS:
Amount: $20,670.00
Source: 527-412-5173
Outside Vehicle
Maintenance
Finance:
Council Notes:
7//)..//)7
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Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the execution of an agreement and an increase to a purchase
order to McCray Enterprises of San Bernardino for the refurbishing of two (2) automated
refuse trucks, complete with new Labrie Automizer refuse bodies, to be utilized by the
Refuse Division.
Background:
On May 15, 2006 the Mayor and Common Council approved resolution 2006-143
authorizing $372,599.68 to remodel two Amrep Refuse trucks rather than replace the
two units for a savings of $175,671.10. Units #141 and #170 are 1995 Peterbilt chassis
with 75,000 miles. Due mainly to body related failures these chassis have relatively low
miles. In an effort to extend the life of the City's investment, Fleet staff requested to
refurbish both units with new refuse bodies.
Fleet staff negotiated with McCray Enterprises of San Bernardino for the complete
refurbishing of these units to include: complete engine overhaul; transmission overhaul;
removal of old Amrep refuse body; transportation to and from Labrie Factory in Quebec,
Canada; purchase and installation of a new Labrie Automizer refuse body; purchase
and installation of Diesel Particulate Filters per California Air Resources Board (CARB)
mandates and repaint of the cab and frame rails.
Due to additional repairs and fabrication needed that was not apparent until the trucks
were disassembled in Canada and additional Freight charges for shipping the
completed trucks back to California, staff is requesting an increase of $20,670.00 to
Purchase Order #999967 for a total amount of $393,269.68. The additional repairs and
fabrication were needed to lengthen the chassis frame rails to accommodate the new
Refuse body. During the time it took to complete this project fuel prices increased
dramatically, therefore increasing the transportation costs as well. The additional cost is
$10,335.00 per truck for a total increase of $20,670.00. Staff is requesting Council
action to appropriate $20,670.00 from the unappropriated Refuse Fund balance for this
expenditure.
Financial Impact:
Funds for this increase are available in FY 2006/2007 Account No. 527-412-5173
Outside Vehicle Maintenance, after the requested budget amendment is approved.
Recommendation:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 06/07 Refuse budget to
appropriate $20,700.00 from the unappropriated Refuse Fund balance into 527-
412-5173 Outside Vehicle Maintenance.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO A PURCHASE ORDER TO MCCRAY ENTERPRISES OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
TO REFURBISH TWO (2) AUTOMATED REFUSE TRUCKS INCLUDING A NEW
LABRIE AUTOMIZER REFUSE BODY TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT REFUSE DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and McCray Enterprises, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
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16 Code "Purchases approved by the Mayor and Common Council".
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SECTION 3. That McCray Enterprises has refurbished two (2) automated
refuse trucks including new Labrie Automizer refuse bodies to be utilized by the Public
Services Department Refuse Division. Pursuant to this determination the Finance
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Director is hereby authorized to issue an increase of $20,670.00 to the purchase order
22 to McCray Enterprises of San Bernardino, for a total amount not to exceed
23 $393,269.68.
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June 25, 2007
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO A PURCHASE ORDER TO MCCRAY ENTERPRISES OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
TO REFURBISH TWO (2) AUTOMATED REFUSE TRUCKS INCLUDING A NEW
LABRIE AUTOMIZER REFUSE BODY TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT REFUSE DIVISION.
SECTION 4. The Purchase Order shall reference this Resolution No. 2007-
7 and shall read, "Refurbish two (2) automated refuse trucks including new Labrie
8' Automizer refuse bodies, P.O. No. 999967 not to exceed $393,269.68" and shall
incorporate the terms and conditions of the Contract.
SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
this resolution.
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June 20, 2007
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO A PURCHASE ORDER TO MCCRAY ENTERPRISES OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B.3 OF THE MUNICIPAL CODE
TO REFURBISH TWO (2) AUTOMATED REFUSE TRUCKS INCLUDING A NEW
LABRIE AUTOMIZER REFUSE BODY TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT REFUSE DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
8' rneeting thereof, held on the
, 2007, by the
day of
9 following vote, to wit:
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AYES
ABSTAIN
ABSENT
NAYS
Council Members:
ESTRADA
BAXTER
BRINKER
DERRY
16 KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Ap roved as to form:
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~.J.g - . r C/v----....
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&fnes F. Penman, City Attorney
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June 20, 2007
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of July
2007, by and between McCray Enterprises. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
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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 this purchase agreement.
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 $20,670.00 for the refurbish of two (2)
automated refuse trucks and related repair services.
b. No other expenditures made by VENDOR shall be reimbursed by CITY;
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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Exhibit "A"
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7 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
8' CITY's negligent acts or omissions arising from the CITY's performance of its obligations
9 under the Agreement.
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
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volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
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VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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14 obligations under the Agreement.
15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
16 claim, action, loss, or damage which results from their respective obligations under the
17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
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comparal1ve ,au t.
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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 halmless VENDOR, its officers, agents and
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
Exhibit "A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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.
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.
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.
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Exhibit "A"
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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:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
McCray Enterprises
24268 5th Street
San Bernardino, CA 92410
Telephone: (909) 381-1964
Attn: Rick McCray
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ATTORNEYS' FEES
12 In the event that litigation is brought by any party in cOlmection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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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,
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
Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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SUCCESSORS AND ASSIGNS.
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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.
HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
proVISIOns..
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ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes 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.
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Exhibit "An
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
Dated
,2007
VENDOR.
By:
Its:
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
Jamfs
(
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. Lv---
. Penman, City Attorney
Exhibit "A"
rhereby autl'lOrize the repair worit listed herein, including sublet work, to be done along with
necessary m&derials You and your employees may operate the desclibed vehicle for the
purp0se6 of testing, inspection Of deliwtry at mv risk. An express lien is acknowledged on said
veh;':!e to secure the amo."nt cA repairs thereto. You will not be held responsible for loss Of
damage to vehielr or articles left in vehicle in case of fire, theft, accident or any other cause
beyond your oontrol. Customer agrees to pay all collection costs and for attorneys rees in the
9\'IMlt lt1at default is made in anv payment due. If vehicle is returned to customer without repair
service being pefformed, a diagnostic and handling ree (including reassembly) may be charged
~ ,nd "d."",...... ,_ ,... ooknowtedg' ~i" of'" osti.....
Terms: CASH unless arrangements made pnor to authoritatlon Vehicles left after repair
is completed mav be subject to a storage lee
24268 5th SlrllfIl
San Bernardino, CA 92411)
City Of San Bdna.
182 So. Sierra Way
San Bernardino, CA 92408
VIN: lXP2L59X150708778
Engine:
Transmission:
1995 PETERBIL T TRASH TRUCK license #
Mileage: 0
Color:
Unft#: 141
PO,
Mfg. Date:
Repair Order # 41643
Inv Date: June 21, 2007 @ 8:37am
(009) 384-5220 Business
Service Writer:
Status: Posted
Driver: City Of San Bdno.
Vehicle Problems
Requests for Service
Services Performed
Hrs
Qty
Exl
Notes: REFURB
Labor Service - MINOR BODY WORK ON CAB, SAND, PREP, PAINT CAB 1.00 4600.00 4,600.00
COMPLETE, PAINT WHEELS WHITE, CHASSIS BLACK
Labor Service - REMOVE AND REBUILT TRANSMISSION, REBUILD ENGINE 185.00 80.00 14800.00
COMPLETE, REMOVE TRASH BODY AND PREP FOR SHIPPING, LOAD AND DECK
FOR SHIPPING, SINGLE UP DUALS
Sublet RADIATOR SERVICE rod and repair radiator 1.00 525.00 525.00
Sublet IRONMAN SUBLET TO IRON MAN PARTlCULA TE 2.00 5500.00 11000.00
FIL TERS
New CPL1870 Injection pump 1.00 588.60 588.60
New BD103 Microlite dual-flow lube spin-on (oD filter) 1.00 33.44 33.44
New 3820566 earn bushing 1.00 18.28 18.28
New 4089998 Lower gasket set 1.00 492.65 492.65
New 3803495 Piston coolefS 6.00 37.73 226.38
New BC20 Cleaner 6.00 9.05 54.30
New 105 Motor assembly white grease 1.00 9.25 9.25
e New 51813 Gasket elm 1.00 17.64 17.64
New 011 ~cone 1.00 13.99 13.99
New 27140 Loclite 1.00 37.98 37.98
New 3069759PX Injector 110 6.00 108.80 652.80
New 3600880 01 cooler 1.00 841.00 841.00
New 15W/4O GALS. Hd motor 01 10.00 11.95 119.50
Rebuilt 3803402RX Water pump 110 (4-hole) 1.00 408.55 408.55
Co", 3803402RX eo", Received 1.00 0.00 0.00
Rebull 4003950RX Pump, 01 1.00 997.10 997.10
Core 4003950RX Core Received 1.00 0.00 0.00
New ANTIFREEZE Ratlator coolant 6.00 10.07 60.42
New 114 Pencoo/ 3000 1/2 gal 1.00 24.00 24.00
New 3800896 Olhkil 1.00 2669.63 2,669.63
New 3027104 Con rod 6.00 79.85 479.10
New ATF Automatic transmission fluid (quarts) 38.00 5.62 202.32
New 3161475 earn,lev 12.00 98.10 1,177.20
New 3161474 Lev,foI 6.00 112.56 675.38
New 3803738 Camshall 1.00 1156.55 1,156.55
Rebuilt 3802619RX Turbo 1.00 1134.38 1,134.38
Co", 3802619RX Core Received 1.00 0.00 0.00
New 3030893 earn key 1.00 22.41 22.41
New MA7ERtAL MATERIAL 1.00 325.00 325.00
Sublet CYUNDER HEAD Machine Cyfnder Head 1.00 1497.00 1,497.00
Sublet TRANS REBUILD Transnission Rebuild 1.00 3495.00 3,495.00
New ARATA-A Labrie autonWzer 1.00 _.## 55210.06
New ARATA-B Labrie automizer 1.00 _.## 55210.06
Sublet FREIGHT FRBGH7- A 1.00 8975.00 8,975.00
Sublet FREIGH7 FREIGHT- B 1.00 8975.00 8,975.00
Sublet LABRIE MISC RPR AND FRAME LENGTHENING 1.00 6585.00 6,585.00
Sublet FREIGHT FRElGHT- RETURN TRIP 1.00 3750.00 3,750.00
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Terms CASH unless arrangements made prior to authonzahon Vehicles left after repair
is completed may be subject to a storage fee
7 hereby authof:ize the repair wort. listed herein, including sublet wort., to be clone along with
necessary materials. YOI.l and ~r employees may operate the de5cribed vehicle tor the
purpl)5eS of testing. inspection or delio.oery at my fislol. An express lien is acknowteOge<l on said
vehi::,;.e to secure the amryunt of repairs thereto. You will not be held responsible lor Iou or
damage to veniele or artlcles left in vehicle in case of fire, theft, accident or any other cause
beyond your 'Xlntrol. Customer agrees to pay aU collection costs and IOf attorneys fees in the
1!!Yent that default is made in any payment due "vehicle is. retumecl to customer without repair
service being performed, a diagnostic and handling fee (including reassembly) may be charged
_ "d ,ode"''',d the ._ .od .eknOW1edge "",,;pt of" es1imote
24268 5th Street
San Bernardino, CA 92410
City Of San Bdno,
182 So. Sierra Way
San Bernardino, CA 92408
1995 PETERBIL T TRASH TRUCK
License #
Mileage: 0
Color:
Un~#: 141
PO#
Mfg. Date:
Repair Order # 41643
Inv Date: June 21, 2007 @ 8:37am
(909) 384-5220 Business
VlN: lXP2l59X15070B778
Engine:
Transmission:
Service Writer:
Status: Posted
Drive,: C~ Of San Bdno.
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! Accounts Receivable $196634.84 !
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Repair Order Surrmary:
Parts $122857.95
labor $19,400.00
Sublet $44,803.80
Supply Charge $50.00
AB2076 $1.80
~.P!JU~
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Sub Total
Sales Tax (TAX)
$187113.35
$9,521.49
$186,134.84
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Discard old parts
Original Estimate: $196634.84 ' Total