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HomeMy WebLinkAbout19-Public Services CITY OF SAN BERNARDINO - REQUEST FOR cou~,Bl~8~1\ L From: Ken Fischer, Director Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,248.61 to Cook Equipment Company pursuant to Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD Backhoe I loader to be utilized by the Public Services Department Street Division Sewer Maintenance crew. Dept: Public Services Date: November 14, 2008 Meeting Date: December 1, 2008 Synopsis of Previous Council Action Recommended Motion: Motion #1: Adopt Resolution Motion #2: Authorize the Director of Finance to amend the FY2008/2009 Budget by transferring $73,300.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to A,,,,,' No. 132-431-5701 (Molm V,h;d"I. *1iI!!,. Signature Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff report, Specifications, Quotes, Resolution, Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $73,248.61 Source: Sewer Fund 132-431-5701 (Motor Vehicles) Council Notes: Finance: &0 2CJoi?- LfL/r Agenda Item No. ~ /2.--1-09 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,248.61 to Cook Equipment Company pursuant to Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD Backhoe 1 loader to be utilized by the Public Services Department Street Division Sewer Maintenance crew. Background: The Public Services Department Sewer crew utilizes unit #453, a 1992 JCB 214 Backhoe, for maintenance of sewer lines throughout the City. The cost to maintain this 16-year-old unit has increased with age and use, and some repair parts are no longer available, or are non-stock items and must be special ordered therefore increasing downtime. This unit is included in the FY 2008/2009 approved Sewer Line Maintenance Budget Account No. 132-431-5704 (Miscellaneous Equipment). Staff tried to purchase this locally but there are no local vendors that sell this type of equipment. Since Fleet staff requested quotes instead of bids from the four dealers in the area able to meet the specifications of the sewer crew, Section 3.04.010-B3 of the Municipal Code is requested to make this purchase. Four quotes were received as follows, see Exhibit 1: Vendor Cook Equipment Co. Terex Utilities Johnson Machinery ROO Equipment Location Riverside Ontario Riverside Riverside Quote $73,248.61 $74,764.08 $77,562.36 $102,462.84 The total cost includes one (1) new JCB 3CX14 4WD backhoe 1 loader complete with enclosed cab with air conditioning, extra-dig extendable dipper, 6 in 1 loader bucket, fork lift kit, and AQMD approved tier 3 engine, including sales tax. This vehicle is on the Cal/EPA - Air Resources Board 2008 California Certified Vehicles list. Financial Impact: Funds for this purchase are available in FY 08-09 Account No. 132-431-5704 (Miscellaneous Equipment). However, in order to capitalize this purchase, the funds need to be transferred to Account No. 132-431-5701 (Motor Vehicles). Recommendation: Motion #1: Adopt Resolution Motion #2: Authorize the Director of Finance to amend the FY2008/2009 Budget by transferring $73,300.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to Account No. 132-431-5701 (Motor Vehicles). 1 RESOLUTION NO. (C(Q)ry 2 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,248.61 TO 3 COOK EQUIPMENT COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE 4 MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE I LOADER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER 5 MAINTENANCE CREW. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Agreement between the City of San 10 Bernardino and Cook Equipment Company for the purchase of one JCB 3CX14 4WD 11 backhoe/loader to be utilized by the Public Services Department Street Division Sewer 12 SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 3. That Cook Equipment Company has offered a purchase price of $73,248.61 for the purchase of one (1) JCB 3CX14 4WD Backhoe / Loader. Pursuant 22 order to Cook Equipment Company of Riverside, in the amount of $73,248.61, which 23 24 25 26 27 28 will facilitate the procurement of the JCB 3CX14 4WD Backhoe / Loader. SECTION 4. The Purchase Order shall reference this Resolution No. 2008- and shall read, "Purchase of one (1) JCB 3CX14 4WD Backhoe / Loader, P.O. not to exceed $73,248.61" and shall incorporate the terms and conditions of the Agreement. -,- 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,248.61 TO 3 COOK EQUIPMENT COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE I LOADER TO BE 4 UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER MAINTENANCE CREW. 5 6 SECTION 5. The authorization to execute the above referenced Purchase 7 Order and agreement is rescinded if not issued within sixty (60) days of the passage of 8 9 10 11 III this resolution. III 12 III 13 III 14 III 15 III 16 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 25 26 III 27 III 28 III - 2- 1 A RESotUTION- AUTHOR~NG THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,248.61 TO 2 COOK EQUIPMENT COMPANY PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE I LOADER TO BE 3 UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER 4 MAINTENANCE CREW. 5 I 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 8 9 10 , 2008, by the day of following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES 11 ESTRADA 12 BAXTER 13 BRINKER 14 VACANT 15 KELLEY 16 17 18 19 20 JOHNSON MCCAMMACK 21 Rachel G. Clark, City Clerk The foregoing resolution is ,2008. hereby approved this day of 22 23 24 25 26 Approved as to form: 27 "'f ji '7. .t..:...- James F. Penman, City Attorney 28 Patrick J. Morris, Mayor City of San Bernardino - 3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 1st day of December 2008, by and bctween Cook Equipment Company ('"VENDOR") and the City of San Bernardino ('"CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest of the CITY to contract for the purchase of one (I) JCB 3CXI4 4WD Backhoe I Loader; and WHEREAS, the City of San Bernardino has determined that vendor possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in its proposal dated September 12, 2008, attached hereto, marked Attachment "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $73,248.61 to provide and perform those products and services described in Section I above. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this agreement shall be for a period of one (I) year. Exhibit "A" I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The tenns 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 agreen1ent. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omiSSions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials. employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of 51,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Exhibit "A" 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \1anager prior to wldertaking any worLunder this Agreement. CITY shall_be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance fumished to the CITY shall require the insurer to notify CITY of any change or temlination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of policy. 6. NON-DISCRIMINATION. In the performance of :;\is Agreement and in the hiring and recruitment of employees, VENDOR shall not engage ir. 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 ;aw, except as permitted pursuant to Section 12940 of the Califomia Govemment Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be aD independent c0ntractor and not an agent or employee of the CITY. VENDOR shall secure. at its expense, ~nd be responsible for any and all payment of Income Tax, Social Security, State Disabilit:; Insurance Compensation, Unemployment Compensation, and other payroll deductions f,)\ VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that It possesses or SJ;'lil obtain, and maintain a business registration certificate pursuant to Chapter 5 of the MlI'~,,'ipal Code, and any other license, permits, Exhibit "I" 3 1 qualifications, insurance and approval oLwhatever nature that are legally required of VENDOR 2 to practice its business or profession. 3 4 5 6 7 8 9 10 11 12 13 10, 9, NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Cook Equipment Company 1748 Container Circle Riverside, CA 92509 Telephone: (951) 538-2875 Contact: Eddie Smith ATTORNEYS' FEES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 tern1s, 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. II. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Exhibit "A" 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. Regardless oLCITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perfonn all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive ill 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 convemence only and shall not affect the construction or the interpretation of any of its proviSIOns. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreerne;]t may be modified or amended only by a written instrument executed by all parties to this Agreement. III Exhibit 'A' 5 1 2 3 4 5 6 7 8 VENDQR SERVICE AGREEMENT COOK EQUIPMENT COMPANY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2008 VENDOR Dated: By: Its: 9 Dated ,2008 CITY OF SAN BERNARDINO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" 6 ~ I , ~ ATTACHMENT "1" COOK EQUIPMENT CO. - ORANGE 1748 Container Circle, Riverside, Ca. 92509 Telephone (951) 782-0303 Fax (951) 782-0680 www.cookequipment.com EQUIPMENT CQMPANY CITY OF SAN BERNARDINO REVISED QUOTE FROM APRIL 10 2007 QUOTE#000090 Date T IfTle Page 02 - RIVERSIDE, CA Branch o f- a. :c <J) 09 12 2008 9:25:55 0 1 Account No. Phone No Invoice No. 06 SS0050 9093845044 W00172 Ship Via Purchase Order CITY OF SAN BERNARDINO 182 S.SIERRA WAY SAN BERNARDINO,CA 92408 CRC TRUCKING 2007MU-11120 Sales Tax Licence No Federal Exemption No o f- i'l <3 > E Salesperson EDDIE C. SMITH ECS EQUIPMENT DESCRIPTION AMOUNT DESCRIPTION **TERMS ARE NET DUE ON INVOICE** ANY QUESTIONS REGARDING THIS QUOTE PLEASE CALL DEREK @ 951-538-2875 Stock #: ? Serial #: NEW JCB Model 3CX 14FT - 4WD / 2WS, 92hp Turbo Backhoe Loader Synchroshuttle Transmission 14-17.5, 10 PLY & 19.5L-24, R4, 10 PLY Industrial , Lbs. CWT (required for 2WS EXTRADIG) ~ _ Deluxe, Dual Entry ROPS/FOPS (Requires Seat, Includes engine block heater) Seat - Suspension CLOTH with 2" retractable seat belt Operator Manual Pack - English SAE Backhoe Controls (2 lever JCB "backhoe" pattern) Extradig Extending Dipper - 14' 7" - 18' 6" dig depth Backhoe Bucket Link w/ Lift Hook (NOT compatible with Backhoe Quickhitch 'EQH') Stabilizer Pads - Flipover-Type (reversible Street / Dirt - for use with Centermount machines only) Engine Block Heater - Standard w/CAB Air Conditioning for Cab - 40,000 btu 6 in 1 Loader Bucket 1.3 cu. yd., 92" wide - WITH forks Loader Arm pipework Bolt-on Cutting Edge for Loader Bucket - 92" Backhoe Bucket - 12" heavy duty, 2.8 cu. ft. ***************************************************** ***************************************************** 67822.79 INCLUDES: CD-RADIO, Tier III, 2YR/2000HR FULL MACHINE WARRANTY ***************************************************** OPTIONAL 5YR/5000HR FULL COVERAGE WARRANTY $4441.88 5YR/5000HR POWER TRAIN ONLY $1971.83 SIGNATURE X IJAOE ALL CLAIMS ANO RETURNEO GOODS MUST Be ACCOMPAN!ED BY THIS NVOICE. """\lIb~ '"' t..a.l4 ...~...6 'i&Ol~. 7o/il. _ .,' ~umalll.. !'ItI6ns mu. bl 'ClXI'IIf*Wd by !ti. inwice- R.amed~' ",bjecl to . 2CNo l'llStoclcing ch~. TIle 10 all It.", ..."Iins will COO~ E~~mn \IllI purdl_ ptIee, inWwllll'ld oltler dl~".... Uy pal_ N( I'1Ilumon~lcparts- _ DISCLAIMER OF Wl\RRNmES- My ~t1l" UI the prvduct told I\tl'Cy _It..-madebytl1e m.nufadulw. Th. MllIr h<<eby IKP"I-'J chcIIIm. .. -...... _eo- ~(I'implledlnducling~~inplled~oIm~ar~. tlr. partcul_ purpoM,lfl<llle .......neIto. .__noriNll<lriln~) oth.p8fWOIlto."",,.farIlIll)'M~InCCl'lMClonwllllMl"d"r produch. M~ Iimbtion contained" doH not 1llI'IY...... prdehd b' .. ......,rvice charge on overdue accounts at the rate of 1 %% per month (16% per month) !n operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board Jse-Off-Road-Oiesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. .. .. ' COOK EQUIPMENT CO. - ORANGE 1748 Container Circle. Riverside, Ca. 92509 Telephone (951) 782-0303 Fax (951) 782-0680 www.cookequipment.com EOUIPMENT COMPANY CITY OF SAN BERNARDINO REVISED QUOTE FROM APRIL 10 2007 QUOTE#000090 02 - RIVERSIDE, CA Page Branch Date Time {!. "- :c (/) SS0050 9093845044 2 Invoice No_ 0 6 WOOl72 09 12 2008 9:25:55 Acrounl No Phone No Ship Via Purchase Order CITY OF SAN BERNARDINO 182 S.SIERRA WAY SAN BERNARDINO,CA 92408 CRC TRUCKING 2007MU-11120 {!. 1l " > .E Sales Tax Licence No Federal 8cemption No Salesperson EDDIE C. SMITH ECS EQUIPMENT DESCRIPTION AMOUNT DESCRIPTION SAN BERNARDINO CITY: Total: 5425.82 73248.61 SIGNATURE X 0"'" ALL CLAIMS ANO RETURNED GOODS MUST BE ACCOMPANIED 8YTHI$ NVOlCE PlI)'llIlII1l due on receipt d st&emer1t. Spedal onI. goodt; .,. not I1IlulT\llble. re!.ms mu. " accompanied by l1'li. lnwiee. Rmmed goOd; ,."bject to ;II 20% restocldng ch"1le. TIle to all 1__""" will Cmlt Equlpmlll1l~ilP\Kchnepri~.inIlIreItandglherdlq__Ulyp.lid- No "umcneledJorlieparts. - DISCLAIMER Of' WAR~T1ES- "rrt~es on 1M product MIld Il"',_~ fIIaCl' bylhe marll1llct.lrtr. The HlleI' h." ~ cl"*1IM" ~... ~HS lJ"implied indudirG "Jlmpliedw.TWtydm~ot"'" fcrl~etJ"PUIJlOllf.laftdlltl.....neIh.-_lIOl'~'" altl<< pel'9OOto..lmeftl'. ~~mI/lylnccnndonwllllle..d_ ::'dS. Anylimilmon contained her.n doH not~" wh_ pro/'illhd by ! I c"rvice charge ~n ove.rdue, accounts at the ~te of 1 %% per month (18% per month) :1 operated In CalifornIa, any off-road diesel vehicle may be subject to the California Air Resources Board ...se-Off-Road-Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. m " '" o z l'") '0 ~n ~ Ie. 1- I,"t> , '" ,. 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