HomeMy WebLinkAbout2009-3671
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RESOLUTION NO. 2009-367
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.
WHEREAS, Rehrig Pacific Company submitted the lowest, most qualified bid
for automated carts for residential refuse services per RFQ F-10-05.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Rehrig Pacific Company, a copy of which is attached hereto, marked
as Exhibit "A", and incorporated herein by this reference as fully as though set forth at
length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Rehrig Pacific Company
in the amount of $369,000 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Rehrig Pacific Company for the purchase of automated carts for
residential refuse services. Agreement not to exceed $369,000" and shall incorporate
the terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
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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 $369,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
REFUSE SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ~ Dint re gular
meeting thereof, held on the 7th day of December 2009, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER _~
SHORETT x
KELLEY x
x
JOHNSON
x
MCCAMMACK
w.c~ ~ .
Rac ei G. Clark, City Clerk
The foregoing resolution is hereby approved this _ at/ day of
December , 2009.
P ric ~ J. Morris, Mayor
City o Sari Bernardino
Approve s t Form:
By:
Ja F Penman
y Attorney
2009-367 .
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of December 2009, by
3 and between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY"
4 or "San Bernardino").
5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to purchase automated carts for residential refuse services; ''
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9 and
10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
11 vendors for automated carts for residential refuse services per RFQ F-10-O5; and,
12 WHEREAS, Rehrig Pacific Company submitted the lowest best bid.
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NOW, THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
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16 For the remuneration stipulated in paragraph 2, City hereby engages the services of
17 VENDOR to provide those products and services as set forth in RFQ F-10-O5, a copy of which
1$ 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
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pay the VENDOR $40.86 per cart. Purchase Order not to exceed the total amount
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of $369,000.
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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
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1
EXHIBIT "A"
2009-367
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effective July 1, 2010 through June 30, 201 1. Option year 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.
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 date of expiration of current term of the
agreement. Price in any option year shall be as negotiated by the parties at the time of exercise
of the option. In no option year shall the price exceed that set forth herein.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
of good material and workmanship, free from defects and free and clear of all liens or
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
services not conforming to the foregoing warranty without expense to the City, when notified
of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
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~~ conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
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before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. 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.
6. 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
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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.
7. 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.
8. 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.
9. 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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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:
TO THE VENDOR:
10. ATTORNEYS' FEES.
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Rehrig Pacific Company
4010E 26`x' St
Los Angeles CA 90058
Telephone: (310) 529-8774
Contact: Justin Fellhauer
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.
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
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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.
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
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect .the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
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be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
REHRIG PACIFIC COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
<~
Dated: , 20(Y~
Dated ~ ~ , 2009
Approved as to Form:
By:
Jame nman, City Attorney
Rehrig Pacific C pa y
By:
CITY SAN BERN RDINO
B
Charles E. McNe 1 y Manager
8
ATTACHMENT ~~1~
IWM RFQ F-10-05
BID SUMMARY SHEET
10122/2009 3:00 PM, PST
~'~'fTEMS/CATEG:ORY .VENDORS
<:': DESCRIPTION 1 2 3~ 4. 5 6
,. .
Residential Refuse
Carts
Rehrig Pacific
Los Angeles CA
Otto
Eloy AZ
Toter
Statesville NC
Cascade
Engineering
.Grand Rapids MI
Rotonics
Gardena CA
Price per Cart $ 40.86 $ 41.38 $ 43.98 $ 44.43 No Bid
(includes tax, fuel, shipping,
environmental, handling
and other surcharges)
Model ROC-95NB Otto MSD-95C model 79296 Icon 96 -
Classic EVR II UniversaU
Nestable Carts
Local Vendor? Y/N N N N N N
APPARENT
LOW BIDDER
The City will fully evaluate all bids to determine the most responsive and responsible bidder.
TOTAL $ 40.86 $ 41.38 $ 43.98 $ 44.43 No Bid
Opened and announced b~ D. Morrow
Recorded by J. Ochiqui
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v
2009-367
RFQ F-10-OS
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 I ACCEPTABLE / AS
SPECIFIED
1. AUTOMATED CARTS ACCEPTABLE - REHRIG PACIFIC
COh1PA~dY HAS 6EEPd SUPPLYIP~G
The City of San Bernardino Public Services CARTS TO Tf•IE CITY-CAF SAt'
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
2009-367
RFQ F-10-OS
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:
• Black cart with Black lid
• 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 ~4lCCEPTABLE -THE MINIh1UP~1
1tiALL 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 O.ld5
INCHES IN THE CRITICAL b!EAR
of the container. The container shall have a POINTS,
minimum wall thickness of .175 inches in the
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.
2009-367
RFQ F-IO-05
Automated Carts for Residential
Refuse Collection Services (RE-BID)
4. DIMENSIONS ACCEPTABLE -HEIGHT (INCLUD-
ING LID) 45.13 INCHES, ~lIDTh
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 - TFIE RESIN
41EIGHT OF THE 95 GP,LLON
The minimum unassembled resin weight for CONTAINER IS 34.10 POUfdDS.
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
TFlE 95 GALLON CART IS 97.57
One (1) size cart is included in this bid GALLONS .
specification with aninety-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
2245.30-1994, 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.
ABRASION PROTECTION
7 ACCEPTABLE -CART DESIGPti
. INCLUDES A DOUBLE DRAG RAIL
The containers shall be designed with a drag AND IPdCP,EASED t-JALL THICKPIES
rail on the bottom of the container. The ON THE BOTTON.
container base shall be reinforced in the
area that contacts the round with a molded-
2009-367
RFQ F-10-OS
Automated Carts for Residential
Refuse Collection Services (RE-BID)
in wear strip.
8. WHEELS AND AXLE ACCEPTABLE -WHEELS ARE 10"
X1.75" BLOB! MOLDED, SIdAP-ON
The wheels shall be a minimum of 10 inches L~ITIi AND INTEGRATED SPACER.
in diameter. The axle shall be a minimum 3/4 AXLES ARE 3/4"x23.8" HIGH
LOW ALLOY STEEL .
STRENGTH
inch in diameter with yield strength of 54,000 ,
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.
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 2245.30 - 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 waterti ht and romote vector
2009-367
RFQ F-10-OS
Automated Casts 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 - HAidDLE ATTACH<
MENTS ARE INTEGRALLY MOLDED
Handle attachments must be an integrally PARTS OF THE BCDY 1~sITH
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 2245.30 - 1994, Section 6.1.4.2
regarding handles.
12. EASE OF ASSEMBLY AND ACCEPTABLE « CARTS ARE
DISASSEMBLY SHIPPED k1ITH THE .LIDS
ALREADY ATTACHED. THERE IS
The vendor shall supply a cart assembly A 3 PART SNAP ON GIHEEL AND
instruction sheet with their response. The AXLE SYSTEP1 THAT TP.KES
instruction sheet should include a list of APPROXIMATELY 10 SECONDS TO
container parts, a list of tools needed for ASSEMBLE. ONE PERSON CAN
ASSE116LE THE CART 41ITHOUT
assembly and a step by step description of THE NEED OF SPECIALIZED
how to assemble the container. TOOLS,
Preference will be iven to carts that re uire
2009-367
RFQ F-10-OS
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
RP,TING 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 AfJD 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 F60T
STAi~1PS ttiILL BE USED Ofl ALL
The containers may include its company THREE CCNTAINERS.
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
rovide to o Lo o shall be hot stam ed onto
2009-367
RFQ F-10-OS
Automated Carts for Residential
Refuse Collection Services (RE-BID)
the front section of the container.
16. WARRANTY EXCEPTION -THERE ARE TWO
PORTIOPJS OF THE 6dARRANTY
A copy of the actual warranty must SECTION THAT WE DO NOT AGREE
accompany all bids. The City will require a T0.
1) "EACH REPLACED CONTAINER
minimum 100 percent unconditional ten (10) WILL HAVE A NEId TEPJ (10)
ear warrant on all new and re laced carts,
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 CAP,T STARTS FP.OM
following: cracking, rust, chipping, peeling THE DATE STAMPED OPl THE CART
AVE A NEL•J TEPJ (10)
and distortion. Failures at attachment points AIdD WILL H
"
for lids, hinges, wheels, or other points of YEAR b1ARRAPJTY .
IN THIS CLAUSE THE CITY OF
attachment. Weathering degradation, SP,N E;ERNARDINO IS ASKIPJG FOR
defective or insufficient material. Failure of AN UIdLIh1ITED OR PERPETUAL
any part of the container from repeated NJARRAI;TY . IN THE RESPOPISE
movement, or contact with abrasive TO THIS QUESTIOiJ IN ADDENDUhI
surfaces, as is normal for the intended ~1 (QUESI~IOP1 6) , IF A
purpose. Failure of any plastic component in In~F~,RRAPITY IS CLAIMED Old A
contact with common household substances CART THAT l-JAS 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
ADDITIONAL 10 YEARS b1HICH
manufacturer. Lowered ultraviolet resistance WOULD COVER 16 YEARS FROPI
to aging in the process of normal operation THE ORIGIIAL DATE OF PUR-
use. Failure of lid to continuously overlap or CHASE. IF THAT SAItE CART
otherwise maintain an interface with the FAILED AFTER 9 PIORE YEARS,
container body when closed. THE CITY IS ASKIPJG FOR
ANOTIiER 10 YEAR WARP.ANTY
The City reserves the right to evaluate t•JHICH AGAIN EXTEfJDS THE
defective containers and have equal share ACTUAL L+JARRAfJTY TO 25 YEARS
when bartering the accepted repairs and/or FROP~1 THE ORIGINAL DATE OF
WILL REPLACE
PURCHASE. Wl;
replacement of each container. .
ANY 4JARRANTED CART WITFI A
NEbJ, COMPLETE CONTAINER
If a container needs to be repaired and/or HOLJEVER IT t•JILL HAVE A 10
replaced the vendor will repair and/or replace YEAR WARRANTY BASED OlJ 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 uarantee warrant of the current
2009-367
RFQ F-10-OS
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
Provide a pricing proposal that is a fixed fee
per complete automated cart.
Contract prices shall be adjusted based on
the change in the cost of resin per pound
only. No other price adjustments will be
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
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.
ACCEPTABLE - REHRIG PACIFIC
SUGGESTS USING CHE~1 DATA,
AN INTERNATIONALLY RE000-
NIZED RESIN INDEX AS THE
BASIS FOR ALL PRICING FLUC-
TUATIONS. THE COPI6INED
RESIN t~IEIGHT OF THE CART
BODY AND LID IS 3,10 POUNDS
P,CCEFTABLE
2009-367
RFQ F-10-OS
Automated Carts for Residential
Refuse Collection Services (RE-BID)
19. EXPERIENCE ACCEPTABLE -SEE REFERENCE
LIST.
The bidder must provide proof that it has at
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.
2009-367
PRICE FORM
Addendwn 1
RFQ F-]0-OS
Automated Carts
REQUEST FOR QUOTES: RFQ F-10-05
DESCRIPTION OF RFQ: Automated Carts for Residential Refuse Collection
Services (RE-BID)
COMPANY NAME
ADDRESS: R~HRIG PACIFIC COMPANY
4010 EAST 26TH STREET
LOS ANGELES, CA 90058
PRINT
NAME OF AUTHORIZED GRAD 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
P,OC-95N8
$ 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 near one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year 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 near four if exercised, shall be effective July 1, 2013 through June 30, 2014.
2009-367
Addendum 1
RFQ F-10-OS
Automated Carts
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 Cify 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?
2009-367
Addendum 1
RFQ F-10-OS
Automated Carts
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 fora 20-year warranty? Is this correct? It will be interesting to see if
the other cart manufacturers are willing to change the industry standard 10-
yearwarranty to a 20-year warranty.
ANSWER: The City of San Bernardino is not asking fora 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 carf 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
2009-367
Addendum 1
RFQ F-10-OS
Automated Carts
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
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.
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
reauests the Citv change this to allow both rotation and injection molding and
the use of medium to high density polyethylene materials. This change 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 II 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-Ibs. 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
2009-367
Addendum ]
RFQ F-10-OS
Automated Carts
city has experienced an extremely low failure rate using Toter rotationally
molded EVR carts. To this end, Toter respectfully requests 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 fora 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 change 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 moldingprocess either infection 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 m the event that
2009-367
Addendum 1
RFQ F-10-OS
Automated Carts
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 effecf. 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 reauest 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
i
rn
0
0
N
RFQ F-10-05 Automated
Carts for Residential Refuse
Collection Services
Rehri Pacific
Otto
Toter
Cascade
Rotonics
Specification
1. Automated Carts Acceptable Acceptable Exception Acceptable - No Bid
2. Wall Thickness Acceptable Acceptable Exception Acceptable No Bid
3. Interior Construction Acceptable Acceptable As Specified Acceptable No Bid
4. Dimensions Acceptable Acceptable Exception Exception No Bid
5. Resin Wei ht Acceptable Acceptable Exception Acceptable No Bid
6. Capacit Acceptable Acceptable Exception Acceptable No Bid
7. Abrasion Protection Acceptable Acceptable As Specified Acceptable No Bid
8. Wheels and Axle Acceptable Acceptable Exception Acceptable No Bid
9. Ultraviolet Inhibitors Acceptable Acceptable As Specified Acceptable No Bid
10. Lids Acceptable Acceptable Exception Acceptable No Bid
11. Handles Acceptable Acceptable As Specified Acceptable No Bid
12. Ease of Assembly and
Disassembly
Acceptable
Acceptable
As Specified
Acceptable
No Bid
13. Container Load Capacity Acceptable Acceptable As Specified Acceptable No Bid
14. Product Rec clabilit Acceptable Acceptable As Specified Acceptable No Bid
15. Identification Markin s Acceptable Acceptable As Specified Exception No Bid
16. Warran Exception Exception Exception Acceptable No Bid
17. Pricin Per Unit Cost Acceptable Acceptable As Specified Acceptable No Bid
18. Shippin and Delivery Acceptable Acceptable Exception Exception No Bid
19. Experience Acceptable Acceptable Exception Acceptable No Bid
20. Contract Len th Acceptable Acceptable As Specified Acceptable No Bid
21. Licenses Acceptable Acceptable As Specified Acceptable No Bid
Accepted 19/20 Hcceptea ~ yi~u Hcceptea .i .i rzu Hcceptea _i ii~u rrcceptea w~u