HomeMy WebLinkAbout2007-222
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RESOLUTION NO. 2007-222
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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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager of the City of San Bernardino is hereby
10 authorized to execute on behalf of said City an Agreement between the City of San
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Bernardino and McCray Enterprises, a copy of which is attached hereto, marked
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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
15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
16 Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That McCray Enterprises has refurbished two (2) automated
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-_
and shall read, "Refurbish two (2) automated refuse trucks including new Labrie
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Order and agreement is rescinded if not issued within sixty (60) days of the passage of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 ioint rei:ulRT
8 meeting thereof, held on the
9 following vote, to wit:
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2nd
day of
July
, 2007, by the
Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
()_~L,lh.~
~~~. Clark, City Clerk
is hereby approved this 3 ~. day of
The foregoing resolution
July ,2007.
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27 es F. Penman, City Attorney
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June 20, 2007
2007-222
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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:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the refurbish of two (2) automated Refuse
trucks including new Labrie Automizer refuse bodies; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the refurbish oftwo (2) automated Refuse trucks and related repair services.
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 this purchase agreement.
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 $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,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
Exhibit "A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms ofthis 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
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.
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.
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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
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.
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.
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 or 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 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 "A"
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 1- '1 \ ,2007
VENDOR.
BY:~V\t.~
Its: OW~(;;l~
7-...3
Dated
,2007
ERNARDINO
By:
Approved as to Form:
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Exhibit "A"
I hereby authCrite the repair work listed herein, including sublet work, to be done along with
necessary m<rterj'ls. You and your employees may opemw the described vehicle for the
purposes of1eSting, inspection or delivefy at my risk. An express lien is acknolNledged on said
vehr.le to secure the amOl"nt of repairs thereto. You will not be held responsible for loss or
damage to vehicW or articles left in vehicle in case of fire, theft, accident or any other cause
beyond your control. Customer agrees to pay all collection costs and lor attorneys fees in the
event that default is made in any payment due. Ifvehicle is returned to customer without repair
service being performed, a diagnostic and handling fee (including reassembly) may be charged.
1 have read and undemand the above and acknowledge receipt of an estimate.
Terms: CASH unless arrangements made prior to authorization. Vehicles left after repair
is completed may be subject to a storage fee
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24268 5th Street
San Bernardino, CA 92410
City Of San Bdno.
182 So. Siena Way
San Bernardino, CA 92408
1995 PETERBIL T TRASH TRUCK
License #
Mileage: 0
Color:
Unit.: 141
PO,
Mfg. Date:
Repair Order # 41643
Inv Dale: June 21, 2007 @l 8:37am
(909) 384-5220 Business
VIN: lXP2L59XI50708778
Engine:
Transmission:
ServIce Writer:
Slatus: Posted
Driver: City Of San Bdno.
I Vehicle Problems Requests for Service Services perfonned Hr. Qly Price Disc. Exl
NoIes:REFURB
Labor Service - MINOR BODY WORK ON CAB, SAND, PREP, PAINT CAB 1.00 4800.00 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 radator 1.00 525.00 525.00
Sublet IRONMAN SUBLET TO IRON MAN PARTICULATE 2.00 5500.00 11000.00
FILTERS
New CPL 1870 Injection pump 1.00 588.80 588.60
New 80103 M_ dual-lIow lube spln-on (oIlft8tJ 1.00 33.44 33.44
New 3820588 Cam bushing 1.00 18.28 18.28
New 4089998 Lower gasket set 1.00 492.85 492.85
New 3803495 Piston coolers 6.00 37.73 228.38
New BC20 Cleaner 6.00 9.05 54.30
New 105 Motor assembly white grease 1.00 9.25 9.25
New 51813 Gasket elm 1.00 17.84 17.84
New 011 Silicone 1.00 13.99 13.99
New 27140 Loctile 1.00 37.98 37.98
New 3069759PX Injector 110 6.00 108.80 852.80
New 3600880 01 cooler 1.00 841.00 841.00
New 15WI4O GALS. Hd motor 01 10.00 11.95 119.50
Rebuit 3803402RX Wetsr pump 110 (4-hole) 1.00 408.55 408.55
eo", 3803402RX Cote Received 1.00 0.00 0.00
Rebulf 4003950RX Pump, 01 1.00 997.10 997.10
Co'" 4003950RX Core Received 1.00 0.00 0.00
New ANn FREliZE Rada/or cooIen/ 6,00 10.07 80.42
New 114 Pencool3000 1/2 gal 1.00 24.00 24.00
New 3600896 0IfJ kit 1.00 2869.63 2,689.63
New 3027104 Con rod 6.00 79.85 479.10
New ATF Automatic frensnission f/ukI (qualts) 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 Camshaft 1.00 1156.55 1,156.55
Rebuilt 3802819RX Turbo 1.00 1134.38 1,134.38
Cote 3802619RX Co'" Received 1.00 0.00 0.00
New 3030893 Cam key 1.00 22.41 22.41
New MATERIAL MATERIAL 1.00 325.00 325.00
Sublet CYUNDER HEAD Machine CyIn<Ier Head 1.00 1497.00 1,497.00
Sublet TRANS REBUIW T",nsnission RebuId 1.00 3495.00 3,495.00
New ARATA-A Labrie autonizer 1.00 _.## 55210.06
New ARATA-B Labrie autonizer 1.00 _.## 55210.06
Sublet FREIGHT FRElGHT- A 1.00 8975.90 8,975.90
Sublet FREIGHT FRElGHT- B 1.00 8975.90 8,975.90
Sublet LABRIE MISC RPR AND FRAME LENGTHENING 1.00 8585.00 6,585.00
Sublet FREIGHT FREIGHT- RETURN TRIP 1.00 3750.00 3,750.00
Page 1 of2
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I herepya.uthc!iZe.the repair wori<.listed herein, including sublet work, to be done along with
necesaa,.y mai:elills. You and your employees may operate the d8SC1lbed vehicle for the.
PUrp;l&8S of testing, inspection Of delivery at my risk. An express lien is acknowledged on said
vehilde to sec:uTe the aml)Unt of repairs thereto_ You will not be held responsil:lle for loss or
damage to Yehicle Of artlcles left in vehicle In case of fire, theft, accident or any other cause
beyond your -.ontrol. Customer agrees to pay all collection costs and IOf attorneys fees in the
eo.<ent that default is made in any payment due. If vehicle is returned to customer without repair
seMce being performed, a diagnostic and handling fee (including reassembly) may be charged.
I have read and understand the aboYe and acknowledge receipt of an estimate
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Tenns: CASH unless arrangements made prior to authorization Vehicles left after repair
is completed may be subject to a storage fee
city Of San Bdno.
182 So. Sierra Way
San Bernardino, CA 92408
(909) 384-5220 Business
1995 PETERBIL T TRASH TRUCK
VIN: 1XP2L59X150708778
Engine:
Transmission:
xJd~~
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Discard old parts
24268 5th Street
San Bernardino, CA 92410
License #
Mileage: 0
Color:
UnJt#: 141
POI
Mfg. Date:
Repair Order # 41643
Inv Date: June 21, 2007 @ 8:37am
Service Writer:
Status: Posted
Driver: City Of San Bdno.
POSied 6/21107 10:12AM:
Accounts Recelvable $196634.84
Repair Ordler Sunmary:
Parts $122857.95
Labor $19,400.00
Sublet $44,803.80
Supply Charge $50.00
AB2076 $1.60
Sub Total
Sales Tax (TAX)
$187113.35
$9,521.49
Original E_: $196634.84 Total
$196,634.84