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HomeMy WebLinkAbout2009-130 ., RESOLUTION NO. 2009-130 1 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $56,900 TO ALL AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 07176. WHEREAS, All American Truck & Auto Body submitted the lowest quote for the repairs of refuse unit 07176. 6 7 8 9 authorized to execute on behalf of said City an Agreement between the City of San 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 10 11 12 13 14 15 Section 3.04.010 of the Municipal Code, pursuant to Section 3,04.070 I of said Code 16 17 18 Bernardino and All American Truck & Auto Body, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully set forth at length. SECTION 2. This purchase is exempt frorn the formal contract procedures of "Formal Contract Procedure-Negotiated Purchases". SECTION 3. That pursuant to this determination the Director of Finance or her 19 designee is hereby authorized to issue a Purchase Order to All American Truck & Auto 20 21 22 23 Body in the amount of $56,900, SECTION 4. The Purchase Order shall reference this Resolution Number and shall read, "All American Truck & Auto Body in order to repair refuse unit 07176 in the amount of $56,900" and shqll incorporate the terms and conditions of the agreement. 24 SECTION 5, The authorization to execute the above referenced Purchase 25 26 27 28 1/1 Order and Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. 2009-130 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $56,900 TO ALL AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 07176. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 regular Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x x BAXTER BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x meeting thereof, held on the 1st following vote, to wit: 17 18 19 20 21 22 23 24 Approved as to Form: 25 26 27 28 The foregoing resolution June , 2009. By: 1, ames F. Penman ity Attorney day of June , 2009, by the ~h_~ Rachel G. Clark, City Clerk is hereby approved this OJ., day of ~~ Pa ickJ. MO~Yor City of San Bernardino 2009-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 1st day of June 2009, by and between All American Truck & Auto Body ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest ofthe CITY to contract for the repairs of refuse unit 07176; and WHEREAS, the City of San Bernardino has determined that VENDOR possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in its quote dated January 13, 2009, attached hereto, marked Attachment "I" and incorporated herein by this reference as fully as though set forth at length. All American Truck & Auto Body submitted the lowest quote, including a ninety (90) day warranty on all labor/workmanship and one year on all new parts installed. 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 $56,900 to provide and perform those products and services described in Section I above. b. No other expenditures made by VENDOR shall be reimbursed by CITY. I EXHIBIT "A" 2009-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. TERM. The term of this agreement shaH be for a period of one (1) year from June I, 2009 to June 1,2010. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 2 EXHIBIT "A" 2009-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of policy. 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 ofthe 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 3 EXHIBIT" A" 2009-130 1 2 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 3 8. 4 5 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, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: All American Truck & Auto Body 10429 Sultana Ave. Fontana, CA 92337 Telephone: (909) 598-2706 Contact: Mike Kennedy 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. 4 EXHIBIT "A" 2009-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. 5 EXHIBIT" A" 2009-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT ALL AMERICAN TRUCK & AUTO BODY 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2009 VENDOR ~:. "If:~m~ Dated~, 2009 EXHIBIT "A" 6 2009-130 ATTACHMENT "1" I All Ameriean Truek 10429 SI1i1lmaAve,P.0.Box3997 FOIUaDa. CA, 92334 Tel: 909-4211-3410 /341 I Fax: 909-428-8132 timmOJ1tes@yahoo.com Estinurtl - Prelilllitrary Estimate Prepared by: Tim Montes A<<:ideat Date; Dale of Loss; Atrlval Date: Type of Loss: Policy Number: Claim Number: Appraised for: City Of San Bernardino Paul ,Date; 1/1312009 EstJmate#: I Appraised for; CQD\PIII1Y: City Of San Bernardino COD.tact: Pall! Address: 182 S Sierra Wy City, Slate, Zip Code: Ill!! ~et'IllIrd!!lo, CA \1"-408 Telephone, FlIX; 909.384.$224,909-384-7238 Year MaokJl Model Color Trim 2006 AUTOCAR WX Unit Number Lieeose Plate II Mileage SerlallllVlNlI 7176 205090 Sup Seq Labor Labor Deseription Part Part Number Dollar Labor Type Op Type Amount (Jnits Body RemlRep Cab Assy (Remove & New $38,000.00 T 22.0- Rep!lwe Cab Assy Complete); :2 R&1 Body Controls, Lites, . Back Up Camem Monitor, Scale Display & Electrical Units 3 .R&I Methane Gas Detection * System 4 Body RemI.Il.ep Cab Mount Bracket R New $135.74 T 3.0- 5 Body R.olm!Rep Cab Hinge, Front L New $794.00 T . 6 Body Rem!Rep Gawd, Front Cab New $400.00 T !.S* 7 Body Rem/Rep Grille Auy New $847.00 T 1.0- 8 Body RelnlRep Mount, Air Filter New $294.00 T 1.5* 9 Body RemIRep Body Canopy New $1,290.00 T 8.0* 10 Body Repair Front BUlDper Assy Exist 4.0* 11 Body R.emIRep R.adiator Assy New $3,738.00 T 4.0- 12 Body RemlRep Charge Air Cooler New $1,496.00 T 1.0* 13 Body RamIRep Red>arge A-C New !.S* Ver$ion 2.0 Database Edition PHT 011-04 Trucl<Est is a 1'rademari< ofMitcbeII lotemationaI C'l1998-2009 Mm:bell JnteroalionaI, Inc. AIl Rights Reserved. Pa&e I of 2 EBllB 39t1d LBlI>BB'3I>ILI IE:lI 6BBl/El/lB Sup Seq Labor Labor Deseription Part Type Op Type 14 Body RemlRep Air Cleaner Seperator New 15 Body ChlcIAdj lnspecI Frame ...Open Item Exist For IDopocti"" 16 Body RIlf Pllint Repairs Exist 17 18 Paint Materials 19 Shop Materials 20 Hazardous Waste * . Judgement Item # - Labor Note Applies Labor Body 55.5 HN @ $75.00 Labor Total $4,162.50 $4,162.50 2009-130 PartNlUDber Parts Parts Subtotal Leos Adjustments Parts Total Additional Costs and Operations AddJ. eostslOps Total Tax Dollar Labor Amount Units $916.00 T Z.O' 1.0'" 5.0- . $165.00 T . $320.00 T . $20.00 . $47,910.74 Parts Tax @ AddL Costs Tal< @ TfIl( Total Totals Sub Total: Customer Resp. Net Total $47,910.74 $505.00 7.75% 7.75% $3,713.08 $37.59 $3,750.67 $56,328.91 $0.00 $56,328.91 The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after lite work has slaned. OCC;asjonally. wom or damayed parts are OISCOItorad whicl1 may not be evident on the first inspection. Because of this. the above prices are not gUalWltee<!. Quotations on parts and labor are current and subject to cI1ange. Thill is a preliminlJry estimate. Additional changes to the estimate may be required/or the acl1llll repair. TruckEst does not QUtomalwally Include items required I1y many business repair partners. This applwatiofl allows the Q1I/hor to manually enter line items such os overlap deductions. 2006 AUTOCAR wx. Version 2.0 Database Edition PHT 08-04 'I"ruckESI is a Tl'lIdemlIrk of Mitchell Int.,r'''I1;nn.l 01995.2009 Mitcbell JntemationaI. Inc. An Rights Reserved. E9/E9 39'v'd L91:1>9891>lL1 Page 2 of 2 1E:1:1 &991:/E1/19 Jao.12. 2009 2:20PM 2009-130 No.1390 p. 2 -=ifD II/ERliiIFlED ;;:; 'FRUCH. /CENTER 3777 DeForest Cirde - Mira Lama, CA !/1152 "1~. IIa 9Sl4S-27l18 ESTIMATE OF REPAIRS Cust Name: City at San Bemoo;diDo Co.: Date: 1/1212009 182 S. Sieaa Way AppIlIisa: San Beroardino Ca. 92408 Pbooe .: CoDIa<;t Paul F",,#: }'h!I: 909-384-5220 F""': 909-384-7238 Policy N: Y<ar. 2007 Dale ofL0s3; Malee: Autoc8r Twe ofL0s3: Mlldel.: Front Loader : Note: _ eslimate- l'Ie1de discard .._ cia.... SCI:ial N: 5VCHCGRE67H205090 l/.Zf.lOO9. Mika&e: E........"" prcdlJdion tiUIe IN oab is 12 weeks. #: CollIp\etion time for total project is one to two weeks from Unit #: (J7176 rceientofall1 -. H Ro- 1<<>- Deectiption PlllIs Body Paint Frmnel Sublet nl..... mi, ofl..8bct or MiitCiiaI ~.. Lal>oo' JlMch. Lbr. I " Cab Nolo; cab In b. tndlt D<Tv;" /I and ~,935.29 12.0 2 wi/llH "(,dill drus<<J" j '" rat>ftoD A.c. 3 " Grill .......w1Y 5537.10 1.0 4 x Cab intericiOCilimt fan $119.91 0.5 5 " lI8IIIlfa: iJl.aIb bodv ccotn>b, ..:eIe dimlav, strobe li'" 16.0 6 radio ClIIDOIB, mOl1lw and M<tbaD.e !)election SVst..n. 7 x I Ai1'(:IeaJIIlr $555.36 2.0 8 x h'loht/sids cab mllUllt stand I bnckel 5280.00 3.0 9 x IAn air filtermllUllt <<lIIl~' $354.96 1.5 10 x S Fmmc as needed and All... ftout t:Dd 10.0 11 x Froot cabm..m $1.510.28 1.5 12 x r.eftftwtcab . $897.57 illc 13 x IFrODt- $506.82 1.0 14 x A~_ 1.5 15 x R.efuse $1 790.48 3.0 5.0 16 x 53,739.72 4.0 17 x IRn"",,, Chano.: Air Cooler 51,557.9Z 1.0 18 Mise .....n DaIU and SUDDIies $350.00 19 20 rrYTALS $49,135.41 48.0 5.0 10.0 $0.00 'l1dt ..timatel. bued OD oar illSpedlOD m4 docs Dot cover lIIIY _pi pouts or .......rllfbkh IIUI)' be nquiretl ofter....orkh.. - ..,........ Oa:uioady ldW' dJ.e....rk has .W1ed, h- 3'~ 0.. b_ paria"" diIoocwere<I whidl. are not _t OD tile lint Illspectioo. -..orw., tile prices hereill are not ~ E" prepared by: DuePiIlrcik Page 1 ofl iBcdv Labor 571.00 X 48.0 $3.408.00 P8miLabor 571.00 X 5.0 $355.00 Framd McoII. L8bor 596.00 X 10.0 5960.00 Sublet $0.00 Parts $49 135.41 ~Malc:ria1o $35.00 X 5.0 $175.00 8% of $4,368.00 5349.44 lax 1.75% of S49,65,..S $3,843.64 F..n....m. Total 558231.49 lowm.. &. Amazwe Deductible . . OIl Net Esti- Toral $58.23 1.49 R. R Oesc or 0'_ .... ..- P-'" ,""",In .....~ ,. X COMPLETE ~CAB ASsY W/INTERlOR DASH l'AflEL DOORS I S 36:760.00 1"4.0 21,0 2. HARNESS STEERING COLUMN WIPERS - ALL COMPONETS 3. X ROOF MOUNTED AlC UNIT $ 1 536.00 6.0 4. X EVAC & RECHARGE AIC SYSTEM $ 26.00 1.4 5. X FASTENERS & HARDWARE $ 200.00 6. X RADIATOR ASSY $ 4027.39 6.0 7. X ENGINE COOLANT $ 54.88 8. X CHARGE AIR COOLER S 1 677.76 1.3 .. X STRAIGHTEN FRONT BUMPER $ 350.00 2.0 10. X AIR CLEANER MOUNTS & BRACKETS COMPLETE $ 89.04 1.2 11. X FRONT CAB PROTECTOR $ 1891.52 4.0 12. X STRAIGHTEN FRAME & FRONT CROSSMEMBER 14.0 13. 14. 15. X TOP BODY CANOPY - MC NEILUS BODY $ 1 766.36 6.0 8.0 16. SER # 43ROA408425286 17. 18. X COLOR MATCH & BLEND PAINT 1.0 19. X MASK & COVER FOR OVER SPRAY $ 15.00 1.0 20. X HAZARDOUS WASTE DISpOSAL $ 10.00 21. 22. 23. NOTE 14 WEEKS FOR CAB TO BE BUILT PLUS SHIPPING TIME 24. 25. 26. v. 28. 29. 30. 31. 2009-130 il!fE> Los Angeles Freightliner Thomas Built Buses Western Star Mitsubishi . . l-"'--'F". ' I ,', , ; ~ '2ill VI WESTERN STAR TRUCKS' COLLISION CENTER 1031 E HOLT BlVO., ONTARIO CA 91761 909-510-4117 ESTIMATE OF REPAIRS Date 12.09.08 OWner CITY OF SAN BERNARDINO COMPANY Address PHONE FAX pac Appraiser Make AUTOCAR Year 2007 Serial No. 5VCHC6RE67H205090 Unit 07176 Mileage License No Engine Paint No Old parts removed from trucks will be Junked unless otherwise Instructed in WI1tIng 66.9 tft8 BODY LABCJR8 $15.otIHR 0.0 HItS MECH.UI8Ot;8$1I5.DIItIt 20.0 ... 'PAlMI' LA80R 8 $75.11/ HIt Parts Paint Mat MIsc. Sublet S49 305.70 @ 7.75 % Sales Tax ESTIMATE TOTAL ADVANCE CHARGES GRAND TOTAL TtIe above Is 3r\ estlmate based on out lnspeeUon and does not COWt additional parts or labol which may be requIred afterttle work has been opened up. Occaslonally after work has started, wcm or damaged parts are dlscovetecl which are not evident on first: Inspectbn. Because of this the aboVe prices are not guaranteed. estimated by MARK ANDREWS 1/8J2009 CITY OF SAN BEROO # 07176 .xls Page 1 of 3 Page 1 of 2 $5,017.50 $0.00 $1.500.00 $47,853.95 $800.00 $651.75 $350.00 $3,821.19 $59,994.39 $59,994.39 2009-130 c '" ... n c _ '" c m .m C5 '" c ~ m ~ P n Z ;;: V' ;;: c:: in z '" ". $ :0 ~ .... .... , (> 0 c:: '" .. j; -+ '(\) '" 3: ;0;: c:: m -. 1:> '" 0 '" ;;: c ~ ;:; m = m '" 0 c ...J 0 m ~ .... 'l: m -. '" !l!: n ...J 0 -+ '" c ." 0 'U c:: Q m ~ ::l z m "'. '" ~ <... D C ;0;: '" b - Q '" '" '" ;;, i:" -b '" n C ... ! m '" ...0 '" '" -; .., '" 0 !; 1"\ '" () f -\ z c '" '" -I c '" ~ '" - ~ ~ <; m 0 -b ~ -+ C' en -4 ^" Z ~ ]0 0 '" ". Q. Q '" (") ?;:; I'll '" S' l::. <;) " r ~ "" ~ -. '" .... .... c .... n C -+ '" c n ~ .., 1; < m !ll '" m ~ --l ~ l> Cl> m ". '" :I: "' ~ > ~ '" .... Z '" c Z ~ <: ;;: '" '" ... m > Z Z :D '" !ll '" ~ m '0 '" n !" m III '" ::! f'fI ~ z /1: n Z :D -< '" .... 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