HomeMy WebLinkAbout2008-311
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RESOLUTION NO. 2008-311
RESOLUTION AUTHORIZING AN AGREEMENT AND INCREASE TO AN
INTERIM PURCHASE ORDER TO "Y" TIRES OF LOS ANGELES FOR NEW AND
RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY
VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
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 a Vendor Service Agreement between the
City of San Bernardino and "Y" Tires of Los Angeles, a copy of which is attached
hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as
12 though set forth at length.
13 SECTION 2. That pursuant to this determination the Director of Finance or
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hislher designee is hereby authorized to increase the interim Purchase Order to "V"
Tires of Los Angeles by $65,000 for a total not to exceed $89,990.
SECTION 3. The Purchase Order shall reference this Resolution No.
2008-311 and shall read, ....V" Tires of Los Angeles for new and recapped tires, tubes,
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and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
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2008-311
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RESOLUTION AUTHORIZING AN AGREEMENT AND INCREASE TO AN
INTERIM PURCHASE ORDER TO "Y" TIRES OF LOS ANGELES FOR NEW AND
RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY
VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint rpgll'~r
meeting thereof, held on the 4th day of August
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~k.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this ~ r1I day of
August , 2008.
20Q8-311
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of August 2008, by and
between "Y" Tires of Los Angeles ("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 new and recapped tires, tubes, and related
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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 for new and recapped tires, tubes, and related repair services pursuant to
bid specifications RFQ F-09-0l attached hereto as Attachment "I" and made a part hereto.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to $89,990 for new and recapped tires, tubes, and related
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rep:m services
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one year.
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.
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2008-311
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4. INDEMNITY.
CITY agrees to indenmify 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 indenmify 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 foregoing, 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.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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 licenses, 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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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2008-311
1 NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 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:
"Y" Tires of Los Angeles
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
9. 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.
10. 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
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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.
11. 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
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
15. 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
ofthis Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
"y" TIRES OF LOS ANGELES
2008-311
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2008
VENDOR
BQ..t4AP~
Its: Cl!::dt5:rM L rft411-f';<Yit=
Dated (2-J 7 , 2008
CITY OF SAN BERNARDINO
By:ct
Fred Wilson, City Man
Approved as to Form:
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2008-311
ATTACHMENT "1"
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-o1
TIRES. NEW I RECAP FOR VEHICLES AND EQUIPMENT
NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
FAfi,URE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
A.GENERAL ACCEPTABLE I AS
SPECIFIED
This specification describes the City of San Bernardino's
annual need for new, recapping, and repair of tires. All
materials used in the process of retreading and repairing
tires shall confonn to specifications. Bidders!!!!:!!t bid
for all tires as the City desires one vendor for recaps,
new (light) and new (heavy). All tires must be Goodyear
or Michelin. The successful bidder shall insure
availability of tires to support a minimum of thirty (30)
days of the City of San Bernardino's fleet operations,
specifically the Integrated Waste Management and
Police Fleets.
The City of San Bernardino as purchaser reserves the
right to reject any or all bids. to waive any informality in
bids, to accept In whole or in part such bid or bids and to
award the contract to other than the lowest bidder at Its
discretion, as may be deemed in the best interest of the
purchaser.
B. RECAPPING/RETREADING HEAVY DUTY TIRES
1. Require seamless cap with a Goodyear or Michelin
Mold type bonding process or equivalent. Solice in
tread area not accentable.
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2. Tread rubber (mold cure) shall contain no less than
50% rubber hydrocarbons by weight. Tread rubber
shall have a minimum of 25% and a maximum of
40% polybutadine, and have the following
minimum/maximum physical properties:
a. Tensile Strength (PSI) 2200
b. Elongation Percent 430 f 600
c. Modulas at 300% 1100 f 1700
d. Hardness 60 f 70
e. Specific gravity 1105f1135
3. Tread Depth Requirements:
. a. 26f32 deep standard rib
b. 32132 waste hauling iug
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4. Tread Design:
a. Waste hauling iug
b. Standard highway rib
5. Tread Width. The tread width used shali be
determined by the requirements of the casing. The
maximum acceptable width shall be used unless
otherwise requested.
6. Curing Temperatures. All tires shall be cured at a
temperature not to exceed 300 degrees F.
7. Pick-up and Delivery. All tires for recapping and
repairs shall be picked up and delivered to the Fleet
Garage at: 182 S. Sierra Way, San Bernardino on a
weekly basis. All tires shall have one-week tum
around time.
8. Recapper shall perform nail hole repairs and section
repairs at no additional cost to the City.
9. Recapped tires shall be branded using a City of San
Bemardino code to indicate number of times
recapped and serial number for tire tracking.
10. Disposition of all tires picked up shall be identified on
appropriate invoice. Tires not recappable shali be
identified as to reason and returned as RAR.
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2008-311
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11. Below is a partial listing of tires presently being
purchasedfrecapped. Quantities are approximate
and no guarantee is made as to the actual quantities
to be purchased.
Tire Size and Annual Usage
Tire Size OTY
315f80R22.5 REAR RECAP ONL V-LUG TREAD 911
315f80R22.5 RECAP STEER CERTIFIED 134
12. Successful bidder will insure that they maintain a
minimum of 30 days stock of tires required to
support the City of San Bernardino Fleet operations.
C. NEW TIRES - LIGHT AND HEAVY EQUIPMENT
1. PatroUPursuit Tires shall be certified as such by the
manufacturer and be currently certified for use by
either the California Highway Patrol or Los Angeles
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria).
3. All passenger car tires shall have a minimum 75,000
mile rating.
4. New heavy equipment tires shall be branded using .
the City of San Bernardino numbering system to
indicate serial number and manufacturer date.
D. TIRE WARRANTY AND FAILURE ADJUSTMENTS
1. Tires failing before 25% of original tread is worn
shall be refunded at the fuli tread cost.
2. Tires failing beyond the 25% shall be adjusted on a
pro-rated basis based on remaining tread.
E. LIABILITY INSURANCE
The contractor shall furnish evidence of general
product liability insurance In the amount of $2,000,000.
A certificate of insurance shall accompany the quote.
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20Q8-311,
DATE: 07/31/2008 Public Services - Fleet ID: 5-434/RPC PAGE: 1
TIllE: 02:19 p.lI. PARTS SUHHARY HISTORY REPORT
FACILITY: 0001
PART NDKBER: 21-016 TO 21-130
DATE: 07/01/2008 TO 07/31/2008
PART NDMBER
DESCRIPTION BIN LOC. START INV PURCHASES USAGE ADJUST EIID INV COST TOTAL
------------------------- ---------- ----------- ---------- ---------- ---------- ----------- ---------------- -----------~-------
21-016 115 1.00 0.0 0.0 0.0 1.00 $27.930 $27.930
TIRE 18X8.50X8
21-020 115 0.00 0.0 0.0 0.0 0.00 $225.000 $0.000
TIRE 31X13.50X15 FRONT
21-021 115 0.00 0.0 0.0 0.0 0.00 $65.990 $0.000
TIRE 23XI0.50X12
21-029 115 0.00 0.0 0.0 0.0 0.00 $48.483 $0.000
TIRE P205115R15
21-030 115 7.00 0.0 0,0 0.0 7.00 $46.152 $323.064
TIRE 195/65R14
21-031 115 12.00 0.0 0.0 0.0 12.00 $48.060 $576.720
TIRE P195110R14
21-032 115 2.00 0.0 0.0 0.0 2.00 $34.500 $69.000
TIRE P205110R14
21-033 115 1.00 0.0 0.0 0.0 1.00 $55.682 $55,682
TIRE P205/65R15
21-034 115 0,00 0.0 0,0 0,0 0.00 $29.790 $0.000
TIRE P185110R14
21-035 115 3.00 0.0 0.0 0.0 3.00 $40.730 $122.190
TIRE P195115R14
21-036 115 8.00 0.0 0.0 0.0 8.00 $52.922 $423.376
TIRE P21517OR14
21-038 115 0.00 0.0 0.0 0.0 0,00 $34.990 $0.000
TIRE PI55/80Rl3
21-039 115 8.00 0.0 0.0 0.0 8.00 $35.470 $283.760
TIRE P175110R14
21-044 115 5.00 0.0 0.0 0.0 5.00 $53.439 $267.195
TIRE 21517OR15
21-046 115 0.00 0.0 0.0 0.0 0.00 $65.678 $0.000
TIRE P23517OR15
21-048 115 15.00 0.0 2,0 0.0 13.00 $73.000 $949.000
TIRE P225110R15
21-049 115 78.00 0.0 11.0 0.0 67.00 $72.148 $4,833,916
TIRE P225/60R16
21-050 115 28.00 60.0 37,0 0.0 51. 00 $98.750 $5,036.250
TIRE P235/55R17
21-055 115 6.00 0.0 0.0 0.0 6.00 $85.813 $514.878
TIRE LT235/75R15
21-060 115 8.00 0.0 0.0 0.0 8.00 $64.760 $518.080
TIRE 215/60R16
21-061 115 0.00 12.0 7.0 0.0 5.00 $98.630 $493.150
TIRE LT245/75R16
21-067 115 1.00 0.0 1.0 0.0 0.00 $94.460 $0.000
TIRE LT235/85R16
21-068 115 4.00 0.0 0.0 0.0 4.00 $105.364 $421. 456
TIRE LT215/85R16
21-071 115 4.00 0.0 0.0 0,0 4.00 $65,020 $260.080
TIRE 750-15
21-083 115 1.00 0,0 0.0 0.0 1.00 $155.290 $155,290
TIRE 170/60ZR17M/C HONDA REAR
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2008-311,
DATE: 07/31/2008
TIME: 02:19 p.m.
Public Service. - Fleet
PARTS SUMMARY HISTORY REPORT .
FACILITY: 0001
PART NUMBER: 21-016 TO 21-130
DATE: 07/01/2008 TO 07/31/2008
ID: 5-434/RPC
PAGE: 2
PART NDMBER
DESCRIPTION
BIN LOC. START INV PORCHASES USAGE
ADJUST
EIID INV
COST
TOTAL
------------------------- ---------- ----------- ---------- ---------- ---------- ----------- ---------------- -------------------
21-084 115 0.00 0.0 0.0 0.0 0.00 $124.840 $0.000
TIRE 120/70ZR18M HONDA FRONT
21-085 115 1.00 0.0 0.0 0.0 1.00 $195.101 $195.101
TIRE REAR MR90-18 ~lIASAKI
21-086 115 0.00 0.0 0.0 0.0 0.00 $152.350 $0.000
TIRE FRONT MN90-18 KAWASAKI
21-116 115 247.00 48.0 93.0 0.0 202.00 $193.303 $39,047.206
TIRE 315/80R22.5 REAR ONLY
21-117 115 3.00 0.0 0.0 0.0 3.00 $189.830 $569,490
TIRE 255/70R22.5 TAG AXLE
21-119 115 8.00 2.0 10.0 0.0 0.00 $145.260 $0.000
TIRE 315/80R22.5 RECAP FRONT
21-125 115 72.00 0.0 3.0 0.0 69.00 $0.000 $0.000
TIRE 315/80R22.5 N/C Front
21-125A 115 0.00 0.0 0.0 0.0 0.00 $427.980 $0.000
TIRE 315/80R22.5 10.000LB FRT
21-126 115 8.00 0.0 0.0 0.0 8.00 $203.750 $1,630,000
TIRE 9R22, 5
21-128 115 1.00 0.0 1.0 0.0 0.00 $288.570 $0.000
TIRE 11R225.
21-129 115 4.00 0.0 0.0 0.0 4.00 $159.840 $639.360
TIRE 215/70RI7.5
21-130 115 4.00 0.0 0.0 0.0 4.00 $218.820 $875.280
TIRE 225/70R19.5
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START IlIV PURCHASES USAGE ADJUST ENO INV GRAIID TOTAl
------------- ---------- ---------- ---------- ------------- --------------
GRARD TOTAL 540.000 122.0 165.0 0.0 497.000 58287.454