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
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backhoe/loader to be utilized by the Public Services Department Street Division Sewer
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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
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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.
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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
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this resolution.
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III
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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
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meeting thereof, held on the
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, 2008, by the
day of
following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members:
AYES
11 ESTRADA
12 BAXTER
13 BRINKER
14 VACANT
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KELLEY
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JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is
,2008.
hereby approved this
day of
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26 Approved as to form:
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James F. Penman, City Attorney
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Patrick J. Morris, Mayor
City of San Bernardino
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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"
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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"
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\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"
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1 qualifications, insurance and approval oLwhatever nature that are legally required of VENDOR
2 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:
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
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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"
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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'
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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
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By:
City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
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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
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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
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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 $1971.83
SIGNATURE X
IJAOE
ALL CLAIMS ANO RETURNEO GOODS
MUST Be ACCOMPAN!ED BY THIS NVOICE.
"""\lIb~ '"' t..a.l4 ...~...6 'i&Ol~. 7o/il. _ .,'
~umalll.. !'ItI6ns mu. bl 'ClXI'IIf*Wd by !ti. inwice- R.amed~'
",bjecl to . 2CNo l'llStoclcing ch~. TIle 10 all It.", ..."Iins will COO~
E~~mn \IllI purdl_ ptIee, inWwllll'ld oltler dl~".... Uy pal_ N(
I'1Ilumon~lcparts-
_ DISCLAIMER OF Wl\RRNmES-
My ~t1l" UI the prvduct told I\tl'Cy _It..-madebytl1e
m.nufadulw. Th. MllIr h<<eby IKP"I-'J chcIIIm. .. -...... _eo-
~(I'implledlnducling~~inplled~oIm~ar~.
tlr. partcul_ purpoM,lfl<llle .......neIto. .__noriNll<lriln~)
oth.p8fWOIlto."",,.farIlIll)'M~InCCl'lMClonwllllMl"d"r
produch. M~ Iimbtion contained" doH not 1llI'IY...... prdehd b'
..
......,rvice charge on overdue accounts at the rate of 1 %% per month (16% per month)
!n operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board
Jse-Off-Road-Oiesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover
requirements to reduce emissions of air pollutants.
..
.. '
COOK EQUIPMENT CO. - ORANGE
1748 Container Circle. Riverside, Ca. 92509
Telephone (951) 782-0303 Fax (951) 782-0680
www.cookequipment.com
EOUIPMENT COMPANY
CITY OF SAN BERNARDINO
REVISED QUOTE FROM
APRIL 10 2007
QUOTE#000090
02 - RIVERSIDE, CA
Page
Branch
Date Time
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SS0050
9093845044
2
Invoice No_ 0 6
WOOl72
09 12 2008 9:25:55
Acrounl No Phone No
Ship Via
Purchase Order
CITY OF SAN BERNARDINO
182 S.SIERRA WAY
SAN BERNARDINO,CA
92408
CRC TRUCKING
2007MU-11120
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Sales Tax Licence No
Federal 8cemption No
Salesperson
EDDIE C. SMITH
ECS
EQUIPMENT DESCRIPTION
AMOUNT
DESCRIPTION
SAN BERNARDINO CITY:
Total:
5425.82
73248.61
SIGNATURE X
0"'"
ALL CLAIMS ANO RETURNED GOODS
MUST BE ACCOMPANIED 8YTHI$ 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.
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