HomeMy WebLinkAbout22-Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACM IGINAL
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and issuance of a
Date: December 3, 2009 Purchase Order in the amount of
$369,000 with four (4) one-year
extensions at the City's option to Rehrig
Pacific Company for the purchase of
automated carts for residential refuse
services.
Meeting Date: December 7, 2009
Synopsis of Previous Council Action:
Recommended Motion:
1. Authorize the Director of Finance to amend the FY 09-10 Budget and transfer
$156,000 from Account Number 527-412-5179 (Dump/Waste Fees) to Account Number
527-412-5112 (Small Tools and Equipment).
2. Adopt Resolution.
, and` o -We
Signature
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1"
FUNDING REQUIREMENTS: Amount: $369,000
Source: FY 09-10
527-412-5112
(Small Tools and
Equipment)
Finance:
Council Notes: 9-13&
Agenda Item No. -
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 $369,000 with
four (4) one-year extensions at the City's option to Rehrig Pacific Company for the purchase of
automated carts for residential refuse services.
Background:
The City of San Bernardino, Public Services Department, Integrated Waste Management Division
(IWM) services approximately 46,000 residential customers through an automated collection
system. The City has over 138,000 automated refuse carts that require service on a weekly
basis. On average, automated refuse carts need to be replaced every 10-15 years due to wear
and tear. On August 17, 2009 Public Services requested Council approval for cart purchase
from Rehrig Pacific Company. Rehrig was the second lowest bid however the warranty and
equality of the care were superior to the lower bidder Otto. Otto protested the department
recommendation. And Council on September 7, 2009 requested the department to re-bid the cart
purchase requesting a detailed accurate warranty. Council authorized the Public Services
Department to use $24,900 for carts on September 7, 2009.
Staff rebid the cart purchase on September 24, 2009 a formal bid process was initiated to solicit
bids for automated refuse carts. Notices of bids were e-mailed, posted to the web, printed on the
newspaper and sent to the Chamber of Commerce and five vendors. Four vendors responded.
No local vendors provide this type of service.
The vendor, business location, and quote per cart are listed below:
Vendor Location Unit Price (Including tax)
Rehrig Pacific Company Los Angeles, CA $40.86
Otto Environmental Systems Eloy, AZ $41.38
Toter Inc. Sanger, CA $43.98
Cascade Engineering Grand Rapids, MI $44.43
Rotonics Gardena, CA $No-Bid
A complete bid summary sheet is attached (See Attachment 1"). Rehrig Pacific Company is
determined to have submitted the lowest best bid per RFQ F-10-05. Staff recommends that
Council authorize the execution of an Agreement and Purchase Order in the amount of $369,000
to Rehrig Pacific Company for the purchase of approximately 9,030 automated carts for
residential refuse services. By purchasing 9,030 carts each year, staff will be able to establish a
cart inventory and provide better customer service to City residents. Since each cart has a ten
year warranty, staff will be able to replace every single cart in the City within fifteen years. The
residential carts purchased from Rehrig Pacific Company have a ten year life guarantee. Staff
estimates all residential carts throughout the City will be replaced within the 15 year process.
Over the past five years, Rehrig Pacific Company has provided outstanding support and service
to the City of San Bernardino. In addition to being the lowest bidder staff recommends that we
continue to use Rehrig Pacific Company as our supplier of residential automated carts.
1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report-Continued
Financial Impact:
On August 17, 2009, the Mayor and Common Council continued this item in order to re-bid and
authorized an interim Purchase Order in the amount of $24,900. Since there is approximately
$213,000 available in Account Number 527-412-5112 (Small Tools and Equipment), staff is
recommending that savings from Account Number 527-412-5179 (Dump/Waste Fees) in the
amount of $156,000 be used to fully fund this request.
Recommendation:
1. Authorize the Director of Finance to amend the FY 09-10 Budget and transfer $156,000 from
Account Number 527-412-5179 (Dump/Waste Fees) to Account Number 527-412-5112 (Small
Tools and Equipment).
2. Adopt Resolution.
2
I RESOLUTION NO. C (OPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
4 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
5 REFUSE SERVICES.
6 WHEREAS, Rehrig Pacific Company submitted the lowest, most qualified bid
7 for automated carts for residential refuse services per RFQ F-10-05.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The City Manager of the City of San Bernardino is hereby
11 a L. A a a L. L. I f t J P,:a.. A _ . a L a .._ a L.— !'+:4. . t
aUtIIUIIzeU lV execute of, UellalI of said VlLy all Agreement UCIVVCCII tIIC lolly of Sall
12 Bernardino and Rehrig Pacific Company, a copy of which is attached hereto, marked
13 as Exhibit "A", and incorporated herein by this reference as fully as though set forth at
14
length.
15
16 SECTION 2. That pursuant to this determination the Director of Finance or her
17 designee is hereby authorized to issue a Purchase Order to Rehrig Pacific Company
18 in the amount of $369,000 for FY 09-10.
19 SECTION 3. The Purchase Order shall reference this Resolution Number and
20 shall read, "Rehrig Pacific Company for the purchase of automated carts for
21 residential refuse services. Agreement not to exceed $369,000" and shall incorporate
22
23 the terms and conditions of the agreement.
24 SECTION 4. The authorization to execute the above referenced Purchase
25 Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
26 days of the passage of this resolution.
27
28 ; a--7 - C'1
�a�
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369.000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
3 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
REFUSE SERVICES.
4
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 _ 2009, by the
8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
ESTRADA
11
BAXTER
12
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of
22 , 2009.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approve s t Form:
26 By: _
Ja " s F Penman
27 y Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of December 2009, by
3 and between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino (`CITY"
4 or"San Bernardino").
5 WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to purchase automated carts for residential refuse services:
9 and
10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
t t vendors for automated carts for residential refuse services per RFQ F-10-05, and,
12 WHEREAS, Rehrig Pacific Company submitted the lowest best bid.
13
NOW, THEREFORE, the parties hereto agree as follows:
14
1. SCOPE OF SERVICES.
15
16 For the remuneration stipulated in paragraph 2. City hereby engages the services of
17 VENDOR to provide those products and services as set forth in RFQ F-10-05, a copy of which
18 is attached hereto as Attachment "1" and incorporated by this reference.
19 2. COMPENSATION AND EXPENSES.
20
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
22 pay the VENDOR $40.86 per cart. Purchase Order not to exceed the total amount
23 of$369,000.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7, 2009 through June 30, 2010,
27 with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
28 Exhibit"A"
1
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
2 July 1, 2011 through .Tune 30, 2012. Option year three. if exercised, shall be effective July 1.
3 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
4 tluouuh June 30, 2014.
5
This Agreement may be terminated at any time by thirty (30) days prior written notice
6
7 by either party. The terms of this Agreement shall remain in force unless amended by written
8 agreement of the parties executed on or before date of expiration of current term of the
9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise
10 of the option. In no option year shall the price exceed that set forth herein.
11
4. WARRANTY
12
13 Vendor expressly warrants that all products and services supplied to City by Vendor
14 under this Agreement shall conform to the specifications, drawings or other description upon
15 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
16 of good material and workmanship. free from defects and free and clear of all liens or
17 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
18
19 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
20 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
21 services not conforming to the foregoing warranty without expense to the City, when notified
22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
23 conforming goods or services promptly. City may, after reasonable notice to Vendor, make
24 such corrections or effect cover. or cure. at Vendor's expense. "Reasonable notice" for
25
26 purposes of this section shall not be deemed to require more than 60 calendars days notice
27
28 Exhibit "A"
j before commencement of efforts by the City to effect cover or a cure except upon written
2 agreement of the Parties.
3 5. INDEMNITY.
4
Vendor agrees to and shall indemnify and hold the City, its elected officials. employees.
5
6 agents or representatives, free and harmless from all claims, actions. damages and liabilities of
7 am kind and nature arising from bodily injury, including death. or property damage, based or
8 asserted upon any or alleged act or omission of Vendor. its employees, agents. or
9 subcontractors, relating to or in any way connected with the accomplishment of the work or
10 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
12
representatives. As part of the foregoing indemnity. Vendor agrees to protect and defend at its
13
14
own expense. including attorney's fees the City. its elected officials. employees. agents or
- 15 representatives from any and all legal actions based upon such actual or alleged acts or
16 omissions. Vendor hereby waives any and all rights to any types of express or implied
17 indemnity against the City, its elected officials. employees, agents or representatives, with
18 respect to third party claims against the Vendor relating to or in any way connected with the
19
accomplishment of the work or performance of services under this Agreement.
20
6. INSURANCE.
21
22 While not restricting or limiting the foregoing, during the term of this Agreement,
23 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
24 liability insurance, in the amount of $1,000.000.00 combined single limit, and statutory
25 worker's compensation coverage. and shall file copies of said policies "with the CITY's Risk
26 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
27
additional named insured in each policy of insurance provided hereunder. The Certificate of
28 Exhibit"A"
3
1 Insurance furnished to the CITY shall require the insurer to notif% CITY of any change or
2 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and anv
3 change or termination of policy.
4
7. NON-DISCRIMINATION.
5
In the performance of this Agreement and in the hiring and recruitment of employees.
6
? VENDOR shall not engage in, nor permit its officers. employees or agents to engatTe in.
8 discrimination in employment of persons because of their race, religion. color. national origin.
9 ancestry, age. mental or physical disability, medical conditions. marital status. sexual gender or
10 sexual orientation, or any other status protected by law.
j 1 8. INDEPENDENT CONTRACTOR.
12
VENDOR shall perform work tasks provided by this Agreement. but for all intents and
13
purposes VENDOR shall be. an independent contractor and not an agent or employee of the
14
15 CITY. VENDOR shall secure, at its expense. and be responsible for any and all payment of
16 Income Tax. Social Security, State Disability Insurance Compensation, unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
18 employees, and all business licenses, if any are required, in connection with the services to be
19
performed hereunder.
20
21 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
25 to practice its business or profession.
26
T 27
28 Exhibit"A"
4
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:
4
TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 3384-5140
7 TO THE VENDOR: Rehrig Pacific Company
8 4010 E 26" St
Los Angeles CA 90038
9 Telephone: (310) 529-8774
10 Contact: Justin Fellhauer
.. 10. ATTORNEYS' FEES.
11
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing part shall be entitled to recover from the opposing party all costs and expenses.
14 including reasonable attorneys' fees. incurred by the prevailing party in the exercise of any of
� 15
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17
18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
19 fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23
written consent. Any attempted assignment, transfer. subletting or encumbrance shall be void
24
and shall constitute a breach of this Agreement and cause for the termination of this
25
26 Agreement. Regardless of CITY's consent. no subletting or assignment shall release VENDOR
q ice,,-M 27
28 Exhibit "A"
1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4
The parties hereto agree that all actions or proceedings arising in connection with this
5
Agreement shall be tried and litigated either in the State courts located in the Count\ of San
7 Bernardino. State of California or the U.S. District Court for the Central District of California.
g Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandatory and not permissive in nature.
10 13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
12
14. SUCCESSORS AND ASSIGNS.
13
14 This Agreement shall be binding on and inure to the benefit of the parties to this
15 Lreement and their respective heirs. representatives. successors. and assigns.
16 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of' its
19
provisions.
20
21 16. SEVERABILITY.
22 If any provision of this Agreement is determined by a court of competent jurisdiction to
23 be invalid or unenforceable for any reason, such determination shall not affect the validity or
24 enforceability of the remaining terms and provisions hereof or of the offending provision in any
25 other circumstance, and the remaining provisions of this Agreement shall remain in full force
26 and effect.
27
28 Exhibit "A"
6
1 17. REMEDIES; WAIVER.
2 All remedies available to either party for one or more breaches by the other party are
3 and shall be deemed cumulative and may be exercised separately or concurrently without
4
5 waiver of any other remedies. The failure of either party to act in the event of a breach of this
6 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
7 breaches. unless such waiver shall be in writing and signed by the party against whom
8 enforcement is sought.
9 18. ENTIRE AGREEMENT; MODIFICATION.
10 This Agreement constitutes the entire agreement and the understanding between the
11
parties. and supercedes any prior agreements and understandings relatim-, to the subject manner
12
13 `
of this Agreement. This Agreement may be modified or amended only by a written instrument
14 executed by all parties to this Agreement.
15 .
16 !!'
17
18
19
20
21
22
23
24
25 1//
26
27
28 Exhibit '-A"
7
1 VENDOR SERVICE AGREEMENT
REHRIG PACIFIC COMPANY
2
3 IN WITNESS THEREOF. the parties hereto have executed this Agreement on the day and
4
date set forth below.
5
6 Dated: . 2009 Rehrig Pacific Company
7 Bv:
8
9
10 Dated . 2009 CITY OF SAN BERNARDINO
11 By.
Charles E. McNeely" City Manager
12 Approved as to Form:
13
14 B`:
James F. Penman. City Attorne%
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit "A"
8
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of December 2009, by
3 and between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY"
4 or"San Bernardino').
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to purchase automated carts for residential refuse services:
9 and
10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
ii vendors for automated carts for residential refuse services per RFQ F-10-05; and,
12 WHEREAS, Rehrig Pacific Company submitted the lowest best bid.
13
NOW, THEREFORE, the parties hereto acyree as follows:
14
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated in paragraph 2. City hereby engages the services of
17 VENDOR to provide those products and services as set forth in RFQ F-10-05, a copy of which
18 is attached hereto as Attachment "I" and incorporated by this reference.
19 2, COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
` pay the VENDOR $40.86 per cart. Purchase Order not to exceed the total amount
22
23 of$369.000.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7. 2009 through Tune 30, 2010,
' 27 with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
28
1
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
2 July 1, 2011 through ,Tune 30, 2012. Option year three, if exercised, shall be effective July 1.
3 2012 through .June 30, 2013. Option year four, if exercised. shall be effective July 1, 2013
4 through June 30, 2014.
5 This Agreement may be terminated at any time by thirty (30) days prior written notice
6
by either party. The terms of this Agreement shall remain in force unless amended by written
7
agreement of the parties executed on or before date of expiration of current term of the
f 8
9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise
10 of the option. In no option year shall the price exceed that set forth herein.
11
4. WARRANTY
12
13 Vendor expressly warrants that all products and services supplied to City by Vendor
14 under this Agreement shall conform to the specifications. drawings or other description upon
which this urchase is based. shall be fit and sufficient for the u purpose intended, merchantable
15 P p � ,
16 of good material and workmanship. free from defects and free and clear of all liens or
17 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
18
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
19
20 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
21 services not conforming to the foregoing warranty without expense to the City, when notified
22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
23 conforming goods or services promptly, City may. after reasonable notice to Vendor, make
24 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
25 purposes of this section shall not be deemed to require more than 60 calendars days notice
26
27
28
2
1 before commencement of efforts by the City to effect cover or a cure except upon written
2 agreement of the Parties.
3 5. INDEMNITY.
4
Vendor agrees to and shall indemnify and hold the Cite, its elected officials, employees.
5
agents or representatives, free and harmless from all claims, actions. damages and liabilities of
6
7 anv kind and nature arising from bodily injury. including death, or property damage, based or
8 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
9 subcontractors, relating to or in any way connected with the accomplishment of the work or
10 performance of service under this Agreement. unless the bodily injury or property damage was
11 actually caused by the sole negligence of the City. its elected officials, employees, agents or
12
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
13 y
14 own expense, including attorney's fees the City, its elected officials. employees, agents or
15 representatives from any and all le-al actions based upon such actual or alleged acts or
16 omissions. Vendor hereby waives any and all rig an
rights to v types of express or implied
17 indemnity against the City. its elected officials, employees. agents or representatives, with
18 respect to third party claims against the Vendor relating to or in any way connected with the
19
accomplishment of the work or performance of services under this Agreement.
20
6. INSURANCE.
21
22 While not restricting or limitinu the foregoing, during the term of this Agreement,
23 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
24 liability insurance, in the amount of $1.000,000.00 combined single limit, and statutory
25 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
26 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
27
additional named insured in each policy of insurance provided hereunder. The Certificate of
28
1 Insurance furnished to the CITY shall require the insurer to notify CITY of any cliange or
2 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and am
3 change or termination of policy.
4
7. NON-DISCRIMINATION.
5
6
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.
8 discrimination in employment of persons because of their race. religion, color, national origin.
9 ancestry. age, mental or physical disability. medical conditions. marital status. sexual gender or
10 sexual orientation, or any other status protected by law.
11 S. INDEPENDENT CONTRACTOR.
12
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
13
14 `
purposes VENDOR shall be an independent contractor and not an agent or employee of the
15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
16 Income Tax. Social Security, State Disability Insurance Compensation, Unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
18 employees. and all business licenses. if any are required, in connection with the services to be
19
performed hereunder.
20
21 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23 certificate pursuant to Chapter 5 of the Municipal Code, and anv other licenses, permits.
24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
25 to practice its business or profession.
26
27
23
4
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:
4
TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Rehri�(y Pacific Company
8 4010 E 26`x' St
Los Angeles CA 90058
9 Telephone: (310) 529-8774
Contact: Justin Fellhauer
10
i l 10. ATTORNEYS' FEES.
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
14 including reasonable attorneys' fees. incurred by the prevailin` party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms. conditions or
16
provisions hereof. The costs, salary and expenses of the City Attorney_ and members of his
17
$ office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
19 fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24
25 and shall constitute a breach of this Agreement and cause for the termination of this
26 Agreement. Regardless of CITY's consent, no subletting or assionment shall release VENDOR
27
28
1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4
The parties hereto agree that all actions or proceedings arising in connection with this
5
Agreement shall be tried and litigated either in the State courts located in the County of San
6
Bernardino, State of California or the U.S. District Court for the Central District of California.
8 Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandator}, and not permissive in nature.
10 13. GOVERNING LAW.
i
it This Agreement shall be governed by the laws of the State of California.
12
j 14. SUCCESSORS AND ASSIGNS.
13
This Agreement shall be binding on and inure to the benefit of the parties to this
e 14
15 "�ureement and their respective heirs. representatives. successors. and assigns.
16 1 HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of'
18 convenience only and shall not affect the construction or the interpretation of any of its
19
provisions.
20
16. SEVERABILITY.
21
22 If any provision of this Agreement is determined by a court of competent jurisdiction to
23 be invalid or unenforceable for any reason. such determination shall not affect the validity or
24 enforceability of the remaining terms and provisions hereof or of the offending provision in any
25 other circumstance, and the remaining provisions of this Agreement shall remain in full force
26 and effect.
27
N. 28
6
1 17. REMEDIES; WAIVER.
2 All remedies available to either party for one or more breaches by the other party are
3 and shall be deemed cumulative and may be exercised separately or concurrently without
4
waiver of any other remedies. The failure of either party to act in the event of a breach of this
5
6 Aareement by the other shall not be deemed a waiver of such breach or a waiver of future
7 breaches. unless such waiver shall be in writing and signed by the party against whom
g enforcement is sought.
9 18. ENTIRE AGREEMENT; MODIFICATION.
10 This Aareement constitutes the entire agreement and the understanding between the
11
parties, and supercedes any prior a`areements and understandings relating to the subject manner
12
of this Agreement. This Agreement may be modified or amended only by a written instrument
13 y
14 executed by all parties to this Agreement.
15
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19
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1 VENDOR SERVICE AGREEMENT
REHRIG PACIFIC COMPANY
2
3 IN WITNESS THEREOF. the parties hereto have executed this Agreement on the day and
4
date set forth below.
5
6 Dated: '1009 Rehrig Pacific Company
7 Bv:
8
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Dated . 2009 CI1Y OF SAN BERNARDINO
10
Bv:
11
Charles E. McNeely_ Cite Mana(-,er
12 Approved as to Form:
13
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14 lame nman. City Attornev
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RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-10-05
Automated Carts for Residential Refuse Collection Services (RE-BID)
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The City of San Bernardino, Public Services Department, Integrated Waste
Management Division services approximately 43,500 residential customers
through an automated collection system. The City has over 100,000 automated
refuse carts that require service on a weekly basis. The intent of this document
is to solicit proposals from qualified vendors with experience in providing
automated carts. The City is looking for the most responsive and responsible
vendor that will be committed to provide the City of San Bernardino with
automated carts at a per unit cost. Through a competitive qualification and bid
based procurement process, the City of San Bernardino intends to enter into an
agreement with a qualified vendor for automated carts.
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.
Whenever the terms "Standard Specifications" is used, it shall mean the
"Standard Specifications for Public Works Construction, latest edition." In
case of conflict between these specifications and Standard Specifications,
these specifications shall take precedence over and be used in lieu of the
Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY [ ACCEPTABLE / AS
SPECIFIED
1. AUTOMATED CARTS ACCEPTABLE - REHRIG PACIFIC
COMPANY HAS BEEN SUPPLYING
The City of San Bernardino Public Services CARTS TO THE CITY-OF SAN
Department, Integrated Waste Management BERNARDINO SINCE 2003 .
Division purchases approximately 4,600 95-gallon
Automated Carts for Residential Refuse Collection
Services (RE-BID) each year.
The automated carts that are needed must
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
be designed for household waste, green
waste and recyclable material. The
containers and plastic container components
shall be made from an injection-molded
process. The containers must be
manufactured from high-density polyethylene
(HDPE).
The automated carts will be shipped to the City of
San Bernardino. The price per unit should reflect
any fuel or environmental surcharges. All carts will
have a black body with three-color type lids. (For
example, black body with black lid, black body with
blue lid and black body with green lid).
The VENDOR must be able to supply the following-
- nor
• Black Cast wiui DIaCK uu
• Black cart with Blue lid
• Black cart with Green lid
All automated carts shall be the newest and latest
model in current production.
2. WALL THICKNESS ACCEPTABLE THE MINIh1UM
hALL THICKNESS FOR OUR 95
The containers shall have a nominal wall GALLON ROLL OUT CART IS
thickness of .170 inches throughout the body 0.175 INCHES AND UP TO 0,185
of the container. The container shall have a INCHES IN THE CRITICAL I,.EAR
minimum wall thickness of .175 inches in the POINTS ,
critical wear points (i.e. cart bottom, handle
and lift mechanism). Wall thickness must be
maintained on every container throughout
the life of the container within a 5 percent
tolerance. A $25.00 penalty will be assessed
to the vendor for every container that does
not meet this specification after delivery or
during the life of the container.
3. INTERIOR CONSTRUCTION CCEPTABLE
The interior surface shall be smooth and free
from crevices, recesses, projections and
other obstructions where refuse could
become trapped.
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
4. DIMENSIONS ACCEPTABLE - HEIGHT (INCLUD-
ING LID) 45.13 INCHES , WIDTH
The exterior dimensions of the completely 28.70 INCHES , DEPTH 33 .73
assembled container shall be as follows: INCHES.
95-gallon container
Height maximum: 46 inches
Width maximum: 29 inches
Depth maximum: 34 inches
5. RESIN WEIGHT ACCEPTABLE - THE RESIN
WEIGHT OF THE 95 GALLON
The minimum unassembled resin weight for CONTAINER IS 34.10 POUNDS.
a 95-gallon container is 34.00 lbs.
Manufacturer must state resin weight of
containers and may be subject to liquidated
damages if minimum resin weight is not
maintained during the term of the contract.
All liquidated damages will be assessed up
to the full amount of the cart plus shipping
and handling.
6. CAPACITY ACCEPTABLE - THE CAPACITY OF
THE 95 GALLON CART IS 97 .57
One (1) size cart is included in this bid GALLONS.
specification with a ninety-five (95) gallon
capacity. If size differs from the size stated,
the vendor must specify the exact size being
bid, otherwise the City assumes the sizes
are as stated in this requirement. Volumes
shall be certified in accordance with ANSI
Z245.30-1994, Section 6.2.4.2.1 ., volumetric
loading capacity.
Ninety-five (95-gallon cart) - a 95-gallon
capacity cart is defined as a vessel that will
hold ninety-five gallons measured U.S. liquid
gallons of fluid.
7. ABRASION PROTECTION ACCEPTABLE - CART DESIGN
INCLUDES A DOUBLE DRAG RAIL
The containers shall be designed with a drag AND INCREASED WALL THICKNES
rail on the bottom of the container. The ON THE BOTTOM.
container base shall be reinforced in the
area that contacts the ground with a molded-
i
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
in wear strip.
8. WHEELS AND AXLE ACCEPTABLE - WHEELS ARE 10"
X1 .75" BL0O MOLDED, SNAP-ON
The wheels shall be a minimum of 10 inches t;ITH AND INTEGRATED SPACER.
in diameter. The axle shall be a minimum 3/ AXLES ARE 3/4"x23.8" HIGH
inch in diameter with yield strength of 54,000 STRENGTH, LOW ALLOY STEEL.
psi and a tensile strength of 64,000 psi. The
axle must be supported in four areas across
the entire length of the axle allowing the axle
assembly to absorb and distribute the impact
of the container hitting the pavement over a
larger area. The axle must be rust resistant,
tempered and rolled solid steel.
9. ULTRAVIOLET INHIBITORS ACCEPTABLE
The polymer (resin) used to manufacture the
containers must be stabilized to maintain a
minimum of 80 percent loss of elongation
over 5 years. Test results from the vendor
must be provided with the bid package that
proves that the polymer meets minimum
specifications.
I
10. LIDS ACCEPTABLE - LIDS ARE INJEC
TION MOLDED.
The container lids shall be manufactured in
the same manner and from the same
material as the container body and shall be
of such a configuration that will not warp,
bend, slump, or distort to such an extent that
it no longer fits the container properly or
becomes otherwise unserviceable. Lids
shall conform to ANSI Z245.30 — 1994
Section 6.1.3.7.
The container shall be stable and self-
balancing when in the up-right position, when
either loaded or empty, lid open or closed.
The container must remain upright when the
lid is thrown to open and the container is
empty.
Lids shall be watertight and promote vector
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services (RE-BID)
control. The lids should effectively drain
water off the lid and away from the container.
As a minimum, single piece garbage and
recycling lids must be watertight and prevent
falling or blowing rain from entering.
Preference will be given to lids that are
watertight and vector tight and also prevent
the emission of odors from the container
when the lid is closed.
Lids must have external handles or a design
that allows the resident to open the lid
without touching the interior of the lid. The
lid handle must be a minimum of 20 inches
across the top of the lid.
Lid attachment method — Preference will be
given to lids that are attached to the
container without the use of a metal hinge,
metal bar, PVC, plastic glued connections or
any hidden bar.
11.HANDLES ACCEPTABLE - HANDLE ATTACH_
MENTS ARE INTEGRALLY MOLDED
Handle attachments must be an integrally PARTS OF THE BODY h'ITH
molded part of the container body. Bolt on GRIPPING AREA OF 16 INCHES .
handle mounts are unacceptable. Metal or
exposed PVC pipe used as a handle is
unacceptable. Handles will provide
comfortable gripping area for pulling or
pushing the container. Pinch points are
unacceptable. Handles shall conform to
ANSI Z245.3O — 1994, Section 6.1.4.2
regarding handles.
12.EASE OF ASSEMBLY AND ACCEPTABLE - CARTS ARE
DISASSEMBLY SNIPPED WITH THE LIDS
ALREADY ATTACHED. THERE IS
The vendor shall supply a cart assembly A 3 PART SNAP ON WHEEL AND
instruction sheet with their response. The AXLE SYSTEM THAT TAKES
instruction sheet should include a list of APPROXIMATELY 10 SECONDS TO
container parts, a list of tools needed for ASSEMBLE. ONE PERSON CAN
assembly and a step by step description of ASSEMBLE THE CART WITHOUT
how to assemble the container. THE NEED OF SPECIALIZED
TOOLS.
Preference will be given to carts that require
t it
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
the fewest number of people to assemble,
that have the fewest number of assembly
steps and have the least dependence on
specialized tools for assembly/disassembly
or repair.
13.CONTAINER LOAD CAPACITY ACCEPTABLE - ANSI LOAD
RATING OF 332.5 POUNDS.
Containers are to be rated for and designed
to contain a minimum of 250 pounds for a
95-gallon container without distortion,
damage, or reduction in maneuverability or
any other function herein. The vendor must
provide certification from an independent
rating company that their containers meet
these requirements.
14. PRODUCT RECYCLABILITY ACCEPTABLE - CONTAINERS,
LIDS, WHEELS AND AXLES ARE
All plastic components will be recyclable into 100°; RECYCLABLE.
other polyethylene products. Bidders shall
provide a statement of recyclability of the
proposed containers and component parts.
The vendor will be required to remove the
warrantable and old containers from the
City's facility and pay the City current market
value of the commodity less transportation
costs incurred. Documentation must be
provided to the City for all transportation and
commodity resale fees for each shipment.
15. IDENTIFICATION MARKINGS ACCEPTABLE WHITE ROT
STAMPS WILL BE USED ON ALL
The containers may include its company THREE CONTAINERS.
name, trademarks, etc. on each container.
Such markings may be molded or hot
stamped onto the container body in an
inconspicuous place and manner and shall
not be enhanced with contrasting colors.
The following specific marking area required
by the City of all containers. Specific
marking on the container shall be as follows:
City of San Bernardino Logo (City will
provide loo) Logo shall be hot stamped onto
RFQ F-10-0
Automated Cants for Residential
Refuse Collection Services(RE-BID)
the front section of the container.
16. WARRANTY EXCEPTION - THERE ARE TWO
PORTIONS OF THE WAP.RANTY
A copy of the actual warranty must SECTION THAT WE DO NOT AGREE
accompany all bids. The City will require a TO.
minimum 100 percent unconditional ten (10) 1 ) "EACH REPLACED CONTAINER
year warrant on all new and replaced carts, b;ILL HAVE A NEW TEN (10)
Y Y p YEAR WARRANTY STAMPED ON IT
this includes the lids, wheels, axles, FOR THE ENTIRE CONTAINER"
materials and workmanship for each
container and all other replacement parts. 2) "THE WARRANTY PROVISION
All containers shall be warranted against FOR THIS NEW CART OR
defects including, but not limited to the REPAIRED CART STARTS FROM
following: cracking, rust, chipping, peeling THE DATE STAMPED ON THE CART
and distortion. Failures at attachment points AND WILL HAVE A NEW TEN (10)
fior 111;Uds, hingues, wheels, or other points -of YEAR WARRANTY . "
attachment. Weathering degradation.. IN THIS CLAUSE THE CITY OF
defective or insufficient material. Failure of SAN BERNARDINO IS ASKING FOR
AN UNLIMITED OR PERPETUAL
any part of the container from repeated WARRAI;TY . IN THE RESPONSE
movement, or contact with abrasive TO THIS QUESTION) IN ADDENDUM
surfaces, as is normal for the intended 7#1 (QUESTION 6) , IF A
purpose. Failure of any plastic component in WARRANTY IS CLAIMED ON N
contact with common household substances CART THAT tdAS PURCHASED 6
other than those excluded by the bidder. YEARS AGO, THE CITY OF SAN
Poor material workmanship on part of the BERNARDINO IS ASKING FOR AN
manufacturer. Lowered ultraviolet resistance ADDITIONAL 10 YEARS WHICH
to aging in the process of normal operation WOULD COVER 16 YEARS FROM
use. Failure of lid to continuously overlap or THE ORIGINAL DATE OF PUR-
CHASE. IF THAT SWE CART
otherwise maintain an interface with the FAILED AFTER 9 tIORE YEARS,
container body when closed. THE CITY IS ASKING FOR
ANOTHER 10 YEAR WARRANTY
The City reserves the right to evaluate WHICH AGAIN EXTENDS THE
defective containers and have equal share ACTUAL WARRANTY TO 25 YEARS
when bartering the accepted repairs and/or FROM THE ORIGINAL DATE OF
replacement of each container. PURCHASE. WE WILL REPLACE
ANY WARRANTED CART WITH A
If a container needs to be repaired and/or NEW, COMPLETE CONTAINER
replaced the vendor will repair and/or replace HOWEVER IT WILL HAVE A 10
P p P YEAR WARRANTY BASED ON THE
the container at no cost to the City. ORIGINAL MANUFACTURE DATE OF
THE WARRANTED CONTAINER.
Each replaced container will have a new ten-
(10) year warranty stamped on it for the
entire container. Replacement parts will
have a guarantee warranty of the current
RFQ F-10-05
,Automated Carts for Residential
Refuse Collection Services(RE-BID)
container.
Defective containers, which are repaired or
replaced under the warranty provision shall
be repaired or replaced as complete
containers (i.e... with lids provided). If the cart
breaks, the entire cart including the lid,
wheels, etc. must be warranted. When a
cart is warranted the month and year must
be stamped on the cart. The warranty
provision for this new cart or repaired cart
starts from the date stamped on the cart and
will have a new ten (10) year warranty.
17. PRICING PER UNIT COST ACCEPTABLE - REHRIG PACIFIC
SUGGESTS USING CHEM DATA,
Provide a pricing proposal that is a fixed fee A1`! 1^!TER^!A,TIO^;A,LL Y RECOG_
per complete automated cart. NIZED RESIN INDEX AS THE
BASIS FOR ALL PRICING FLOC-
'i Contract prices shall be adjusted based on TUATIONS. THE COPIBIPJED
the change in the cost of resin per pound RESIN WEIGHT OF THE CART
only. No other price adjustments will be BODY AND LID IS 34 . 10 POUNDS
-- allowed to account for the increases in
manufacturer's cost. The resin cost per
pound will be evaluated by an independent
index submitted by the manufacturer.
Pricing will adjust up or down if resin prices
increase or decrease in excess of five (5)
percent during any given 30-day period.
Price adjustments will be allowed only on the
cost of resin relative to the weight of the
container. Bidder is to state the weight of the
resin in the body and lid only of each size
container.
18. SHIPPING AND DELIVERY ACCEPTABLE
Complete containers shall be delivered to the
Public Services Department, Integrated
Waste Management Division (IWM) within
two weeks of placing an order. The IWM
Division is located at 234 South Mt. View
Ave. San Bernardino, CA 92408. Any and
all shipping and/or handling charges are
to be included in the per unit cost.
RFQ F-10-05
Automated Carts for Residential
Refuse Collection Services(RE-BID)
19. EXPERIENCE ACCEPTABLE - SEE REFERENCE
The bidder must provide proof that it has at LIST.
least ten (10) years of experience in the USA
of continuous production/manufacturing of
injection molded containers for use in
automated and semi-automated collection
systems. The bidder must also provide proof
that the cart "Model" being proposed has
been in service for at least three (3) years.
STATE YEARS OF EXPERIENCE:
REFERENCES: Bidder must submit with its
bid a current reference list of municipalities
using the bidder's products. The list must
include at least ten (10) municipalities who
currently have a minimum of 60,000 carts in
service. Include the name of the
municipality, year of installation, contact
person, phone number, and quantity of
containers for each reference provided.
20. CONTRACT LENGTH ACCEPTABLE
The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's
option.
21. LICENSES ACCEPTABLE
The vendor represents that it has all licenses,
permits, insurance, qualifications and approvals of
whatever nature that are legally required to provide
automated carts, including a City Business License,
and that such licenses and approvals shall be
maintained throughout the term of this Contract.
F
I Addendum 1
RFQ F-10-05
Automated Carts
PRICE FORM
REQUEST FOR QUOTES: RFQ F-10-05
DESCRIPTION OF RFQ: Automated Carts for Residential Refuse Collection
Services (RE-BID)
COMPANY NAME
ADDRESS: REHRIG PACIFIC COMPANY
4010 EAST 26TH STREET
LOS AFGELES , CA 90058
PRINT
A I A 0,A E n A I IT r1 p 17 C r1
11VAIVIC vF rNU I i�vi v4ZLEv BRAD GUST
REPRESENTATIVE
Provide pricing that is a firm fixed fee per automated cart. This must
include any tax, fuel, environmental, shipping, handling or other
surcharges (See Items 1 & 18 of the Technical Specifications.)
UNIT MANUFACTUER MODEL FIRM FIXED FEE
Per Cart ROC-95NB $ 40.86
ANNUAL PURCHASE ORDER
Effective on or about December 1 , 2009 through June 30, 2010 plus four (4) single-year
renewal options, fat the City's discretion for City's requirements,
Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option eay r two if exercised, shall be effective July 1 , 2011 through June 30, 2012.
Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013.
Option year four if exercised, shall be effective July 1 , 2013 through June 30, 2014.
Addendum 1
RFQ F-10-05
Automated Carts
•
San Berflar Ino
SM
October 15, 2009
ADDENDUM #1
TO
Request for Quotation (RFQ) F-10-05
Automated Carts for Residential Refuse
Collection Services (RE-BID)
Notice is hereby given that the following changes, additions, deletions, or
clarifications are incorporated as an Addendum to the Request for Quotation
(RFQ) F-10-05.
1. Why did the City chose to re-bid this?
ANSWER: Council requested that this be re-bid since there were
issued with the warranty section.
2. RFQ F-09-17 "Automated Refuse Carts" (previous bid due 06/16/09) had
Addendum #1 (see Exhibit A) incorporated into the Technical Specifications.
However, the current Technical Specs-for RFQ F-10-05 "Automated Carts for
Residential Refuse Collection Services (Re-Bid)", did not include any
revisions related to the previous Addendum. Is it the intent of the City to
incorporate the revisions of the previous Addendum into the current bid? If
not, why?
ANSWER: The City will not incorporate the revisions of the previous
Addendum because the current specifications are related to the
actual needs of the City of San Bernardino.
3. What is the approximate budget and number of carts per year?
ANSWER: The current budget is $238,000, however, current need of
additional carts has increased. The City has estimated purchasing
approximately 7,500 carts this current year.
4. Where in our bid can we specify the model number/ type of cart that we are
bidding on?
Addendum 1
RFQ F-10-05
Automated Cans
ANSWER: On the revised "Price Form." See attachment "A"
5. What does newest and latest cart in production mean? All of our carts are the
newest and latest carts. We constantly upgrade and complete annual
maintenance on all of our products. We also have a number of different
styles of carts, but will only be bidding the one that meets the City of San
Bernardino's specifications..
ANSWER: The City of San Bernardino wants all vendors to bid their
newest model cart that meets the requested specifications in this
RFQ.
6. Carts Replaced under warranty will require a new 10 year warranty: The initial
industry standard 10 year warranty reasonably covers the City of San
Bernardino from any manufacturer. Why would any cart manufacturer or for
that matter any manufacturer of any product replace a warranty cart or any
other item with another 10-year warranty? Is the City of San Bernardino now
asking for a 20-year warranty? Is this correct? It will be interesting to see if
4h cth cart m n��faf- i hors are willing to Change the irldi igtni standard 1 Q-
ll le VL!lel l�al l lal Iui vLU �.i
year warranty to a 20-year warranty.
ANSWER: The City of San Bernardino is not asking for a 20-year
warranty but if the "body"of a cart fails during the 10-year warranty
period and needs to be replaced, the new replaced cart will have a
complete 10-year warranty. We want every new cart to have a 10-
year warranty. For example, the City does not want a cart to fail in
year 6, have it replaced with a new cart and that new cart only have a
4-year warranty.
7. What does complete containers shall be delivered to mean? Does this mean
all carts are shipped with all parts that complete a container? (This is the
industry standard) or does this mean all carts shall be fully assembled when
they are delivered?
ANSWER: This means that all carts must be shipped with all parts
assembled except for the wheels and axles.
8. On the "Price Form," page 22 of RFQ; please clarify if the FIRM FIXED FEE
is to include sales tax of 9 %.
ANSWER: Yes, see Section IV. GENERAL SPECIFICATIONS #12, and
attached revised "Price Form." (Attachment "A")
9. Also on the "Price Form" page 22, can the City amend the verbiage and
require the bidder to identify the Model of cart proposed?
ANSWER: Yes, the City will require the vendor to list both the firm
fixed fee per cart and model of cart proposed.
10.Under Technical Specs, #16 WARRANTY, page 15 & 16. Is it possible to
remove the last line of the paragraph on page 16, "The warranty provision for
1
I
Addendum 1
RFQ F-10-05
I Automated Carts
1 this new cart or repaired cart starts from the date stamped on the cart and will
have a new ten (10) year warranty."
ANSWER: No, only the word "repaired" will be replaced with the
word "newly replaced."
11 .We request the City of San Bernardino outline a formal protest policy for RFQ
3
F-10-05.
ANSWER: All bid protest must be in writing and addressed to:
Deborah R. Morrow, Purchasing Manager, City of San Bernardino 300
N "D" St, San Bernardino CA 92418, or morrow_de @sbcity.org.
i
12.Pages 9-10- 1 Automated Carts — requires that carts be made from an
injection molded process with high-density polythylene (HDPE). Toter carts
are manufactured using the Advanced Rotational Process with Medium
Density poyethylene. Again, the city has purchased over 123,00 Toter carts
since 1991, most of which are still in service today. To this end, Toter
requests the City change this to allow both rotation and injection molding and
the use of medium to high density polyethylene materials. This chance was
allowed in the previous process.
Answer: Only the injection-molding process will be accepted.
13.Page 10-12. Wall Thickness — requires a minimum wall thickness of 0.175
inches in the critical wear points (i.e. cart bottom, handle and lift mechanism).
This is an injection molded cart specification. San Bernardino's Toter cart
bodies are rotationally molded using resin with physical properties that are up
to 30 times stronger than resin used in the injection molding process. This
has contributed to the longevity of the Toter carts now in service. To this end,
Toter respectfully requests that the city delete this portion of the Wall
Thickness specification or change to require a nominal wall thickness of .170"
throughout the container body including critical wear areas.
Answer: This specification will not be changed.
14.Pages 10-11 — 4. Dimensions — require a maximum width of 29 inches and a
maximum depth of 34 inches. Toter's EVR I and EVR 11 96 gallon carts have
dimensions that are slightly outside the maximum, but that still meet the
requirements of ANSI standards for safety and compatibility of carts with
lifters. Moreover, the cart's dimensions have served San Bernardino
successfully for almost 20 years. To this end, Toter requests that the city
change this specification to allow a maximum width of 29.75" and a maximum
depth of 36"and a maximum height of 47". This change was allowed by the
city in the recent bid process.
Answer: This specification will not be changed.
15.Page 11-5. Resin Weight — requires a minimum resin weight of 34-lbs. Please
see Toter's explanation to the above Toter question #2. Toter carts are more
durable without the extra weight required in injection molded carts. Again, the
Addendum 1
RFQ F-10-05
Automated Carts
city has experienced an extremely low failure rate using Toter rotationally
molded EVR carts. To this end, Toter respectfully reauests that this
specification be amended to allow a minimum resin weight of 30 pounds — the
same as the EVR carts now found in San Bernardino. This change was
allowed in the previous bid process. If the city has wind issues perhaps it
should stipulate a minimum wind stability requirement — perhaps 30-mph.
Answer: This specification will not be changed.
16.11-6. Capacity — requires carts to have a 95-gallon capacity. This
specification was changed from the 7/09 Bid, specifying that carts must be 95
gallons and removing the allowance for a 5% tolerance for size. Toter offers a
96-gallon container— the same size as is now in service in the City.
Answer. This specification will not be changed.
17.Page 11-8. Wheels and Axles — requires a minimum 3/4 inch diameter axle.
The standard axle in U.S. carts has been 5/8 inch solid steel for over 30
years. The City has replaced few in any 5/8" axles of the over 100,000 carts
we have placed in service We respectfully request that the city chanae this
specification to require a minimum 5/8 inch diameter axle. This change was
allowed In the last bid process.
Answer: This specification will not be changed.
18. 18.Page 12-10. Lids — requires that the container lids be manufactured I the
same manner and from the same material as the container body. Toter uses
the best process and materials for each component, rotationally molded
bodies, injection molded lids, blow molded wheels and steel axles and stop
bars. By combining the best design and material for each component, Toter
achieves the longest lasting, highest performance container. We respectfully
requests that this specification be changed to require lids to be manufactured
with an approved molding process either iniection or rotational. This was
allowed by the last process.
Answer: This specification will not be changed.
19.Page 15 —16. WARRANTY — The City requests that warranty replacements
are to carry a new container warranty for an additional 10 years. This is
contrary to industry practice, which requires warranty replacement containers
to carry the balance of the original container warranty. The warranty as
written would encourage manufactures to deny warranty rather than face an
additional ten years or coverage. Moreover, is it effective environmental policy
to replace a perfectly good container if a wheel fastener comes off? Finally,
we request that for warranty dispute the matter be referred to a third party. To
this end, We request the City require a warranty in which replacement
containers (or components) will be covered by the balance of the original
manufacturer's warranty. Further. that container components such as the lid
or wheels (etc.) be replaced rather than an entire container. Finally that for
warranty dispute the matter is referred to binding arbitration in the event that
Addendun 1
RFQ F-10-05
Automated Cans
the supplier and City cannot reach agreement. This is standard industry
practice, equitable and environmentally sound policy.
Answer: This specification will not be changed. The warranty is
clear, if any part except for the body is replaced; the original 10-year
warranty is in effect. For example, if the lid breaks in year 3, only the
lid will be repaired and will carry the balance of the original warranty.
20.Page 16 —17. Experience —requires that bidders have at least 10 years
experience in the injection molding of carts. Toter has continuously produced
and manufactured containers for well over 40 years. In light of the above
information provided about Toter's Advanced Rotational Molding and medium
density polyethylene, we respectfully request that this specification be
changed to require that "The bidder must have at least (10) years of
experience in the USA of continuous production/manufacturing of containers
for use in automated and semi-automated collection systems.
Answer: This specification will not be changed.
Sincerely,
Deborah R. Morrow, C.P.M., MPA
Purchasing Division
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCI T
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and issuance of a
Date: December 3, 2009 Purchase Order in the amount of
$369,000 with four (4) one-year
extensions at the City's option to Rehrig
Pacific Company for the purchase of
automated carts for residential refuse
services.
Meeting Date: December 7, 2009
Synopsis of Previous Council Action:
Recommended Motion:
1. Authorize the Director of Finance to amend the FY 09-10 Budget and transfer
$156,000 from Account Number 527-412-5179 (Dump/Waste Fees) to Account Number
527-412-5112 (Small Tools and Equipment).
2. Adopt Resolution.
Signature
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1"
FUNDING REQUIREMENTS: Amount: $369,000
Source: FY 09-10
527-412-5112
(Small Tools and
Equipment)
Finance:
Council Notes:
� S
Agenda Item No. o��
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 $369,000 with
four (4) one-year extensions at the City's option to Rehrig Pacific Company for the purchase of
automated carts for residential refuse services.
Background:
The City of San Bernardino, Public Services Department, Integrated Waste Management Division
(IWM) services approximately 46,000 residential customers through an automated collection
system. The City has over 138,000 automated refuse carts that require service on a weekly
basis. On average, automated refuse carts need to be replaced every 10-15 years due to wear
and tear. On August 17, 2009 Public Services requested Council approval for cart purchase
from Rehrig Pacific Company. Rehrig was the second lowest bid however the warranty and
equality of the care were superior to the lower bidder Otto. Otto protested the department
recommendation. And Council on September 7, 2009 requested the department to re-bid the cart
purchase requesting a detailed accurate warranty. Council authorized the Public Services
Department to use $24,900 for carts on September 7, 2009.
Staff rebid the cart purchase on September 24, 2009 a formal bid process was initiated to solicit
bids for automated refuse carts. Notices of bids were e-mailed, posted to the web, printed on the
newspaper and sent to the Chamber of Commerce and five vendors. Four vendors responded.
No local vendors provide this type of service.
The vendor, business location, and quote per cart are listed below:
Vendor . Location Unit Price (Including tax)
Rehrig Pacific Company Los Angeles, CA $40.86
Otto Environmental Systems Eloy, AZ $41.38
Toter Inc. Sanger, CA $43.98
Cascade Engineering Grand Rapids, MI $44.43
Rotonics Gardena, CA $No-Bid
A complete bid summary sheet is attached (See Attachment "1"). Rehrig Pacific Company is
determined to have submitted the lowest best bid per RFQ F-10-05. Staff recommends that
Council authorize the execution of an Agreement and Purchase Order in the amount of $369,000
to Rehrig Pacific Company for the purchase of approximately 9,030 automated carts for
residential refuse services. By purchasing 9,030 carts each year, staff will be able to establish a
cart inventory and provide better customer service to City residents. Since each cart has a ten
year warranty, staff will be able to replace every single cart in the City within fifteen years. The
residential carts purchased from Rehrig Pacific Company have a ten year life guarantee. Staff
estimates all residential carts throughout the City will be replaced within the 15 year process.
Over the past five years, Rehrig Pacific Company has provided outstanding support and service
to the City of San Bernardino. In addition to being the lowest bidder staff recommends that we
continue to use Rehrig Pacific Company as our supplier of residential automated carts.
1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report-Continued
Financial Impact:
On August 17, 2009, the Mayor and Common Council continued this item in order to re-bid and
authorized an interim Purchase Order in the amount of $24,900. Since there is approximately
$213,000 available in Account Number 527-412-5112 (Small Tools and Equipment), staff is
recommending that savings from Account Number 527-412-5179 (Dump/Waste Fees) in the
amount of $156,000 be used to fully fund this request.
Recommendation:
1. Authorize the Director of Finance to amend the FY 09-10 Budget and transfer $156,000 from
Account Number 527-412-5179 (Dump/Waste Fees) to Account Number 527-412-5112 (Small
Tools and Equipment).
2. Adopt Resolution.
6
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