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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: A Resolution authorizing the
execution of an agreement and
issuance of a purchase order in the
amount of $47,556.47 to Neff Rental
Company of San Bernardino pursuant to
Section 3.04.010-B3 of the Municipal
Code for a SRECQ-trailer mounted
sewer rodder to be utilized by the Public
Services Department Street Division
Sewer Maintenance crew.
From: Ken Fischer, Director
Date: December 15, 2008
Meeting Date: January 20, 2009
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 $47,600.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to
"0000' No. 132-431-5701 (Mot" Voh;",,). l:if2-- ./"
,f'" i nature
Contact person: Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Specifications, Quotes, Resolution, Agreement.
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$47,556.47
Source:
Sewer Fund
132-431-5701
(Motor Vehicles)
Council Notes:
~o
Finance:
Zoo 9-/.;)...
Agenda Item No. ~y
I...z,o-Olf
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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 $47,556.47 to Neff Rental Company of San Bernardino pursuant
to Section 3.04.010-B3 of the Municipal Code for a SRECO trailer mounted sewer
rodder to be utilized by the Public Services Department Street Division Sewer
Maintenance crew.
Background:
This unit is an addition to the Public Services Department Sewer crew and will be used
for maintenance of sewer lines throughout the City. This machine is used for heavy
roots and severe grease buildup in the City sewer mainlines on long distances where
manholes are not accessible. It can also be used to push or pull rocks and other large
debris due to the increased torque capabilities. The City currently has no capabilities in
these areas. This unit is included in the FY 2008/2009 approved Sewer Line
Maintenance Budget Account No. 132-431-5704 (Miscellaneous Equipment).
Due to the specialized nature of this equipment there are no local vendors able to
supply it. However, Fleet staff has negotiated with Neff Rental Company of San
Bernardino to be the primary vendor for this purchase. The trailer-mounted unit will be
purchased through Neff Rental Company for a total amount of $47,556.47 including tax.
Neff Rentals will use sub-contractor, Municipal Maintenance Equipment of Anaheim for
the supply of the unit, training and all warranty claims. Warranty period is one year, and
there are no extended warranties offered.
Since Fleet staff requested quotes instead of bids from four dealers 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
Neff Rental Company
Plumbers Depot Inc.
WECO Industries
AWl Industries
Location
San Bernardino
Hawthorne
Vacaville
Prescott, AZ.
Quote
$47,556.47
$47,585.52
$52,156.08
$53,467.28
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 $47,600.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to
Account No. 132-431-5701 (Motor Vehicles).
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
STREET DIVISION SEWER MAINTENANCE CREW.
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 Neff Rental Company of San Bernardino for the purchase of one
SRECO-trailer mounted sewer rodder to be utilized by the Public Services Department
Street Division Sewer Maintenance Crew, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
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 Neff Rental Company has offered a purchase price of
$47,556.47 for the purchase of one (1) SRECO-trailer mounted sewer rodder.
Pursuant to this determination the Finance Director is hereby authorized to issue a
purchase order to Neff Rental Company of San Bernardino, in the amount of
$47,556.47, which will facilitate the procurement of the SRECO-trailer mounted sewer
rodder.
SECTION 4. The Purchase Order shall reference this Resolution No. 2009-_
and shall read, "Purchase of one (1) SRECO-trailer mounted sewer rodder, P.O. not to
exceed $47,556.47" and shall incorporate the terms and conditions of the Agreement.
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
3 SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
STREET DIVISION SEWER MAINTENANCE CREW.
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5 SECTION 5. The authorization to execute the above referenced Purchase
6 Order and Agreement is rescinded if the Agreement is not executed by both parties
7 within sixty (60) days of the passage of this resolution.
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
STREET DIVISION SEWER MAINTENANCE CREW.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2009, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
13 BRINKER
14 VACANT
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KELLEY
JOHNSON
MCCAMMACK
Rachel G, Clark, City Clerk
The foregoing resolution is hereby approved this
,2009.
day of
Patrick J. Morris, Mayor
City of San Bernardino
es F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between Neff Rental 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 (1) SRECO -Trailer mounted
continuous sewer rodder; and
WHEREAS, the City of San Bernardino has determined that VENDOR possesses the
ability to provide said services to the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
November 25, 2008, attached hereto, marked Attachment "1" 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 $47,556.47 to provide and perform those
products and services described in Section 1 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 (1) year.
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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 CUlTent term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or propeliy 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
perfom1ance 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 attomey'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 $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
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance fumished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor pem1it its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medIcal conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the Califomia Govemment Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perfonn 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, <if its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroil deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
perfonned hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, pennits,
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1 qualifications, insurance and approval of whatever 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:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bemardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Neff Rental Company
222 East Valley St.
San Bemardino, CA 92408
Telephone: (813) 267-5098
Contact: Robert Veazey
ATTORNEYS' FEES
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In the event that litigation is brought by any paTty in connection with this Agreement,
the prevailing paliy 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 teIms, 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 "attomeys'
fees" for the pmposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet OJ'
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 tennination of this
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be perfOlmed 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. DistJict Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
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 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
NEFF RENTAL COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
9 Dated
,2009
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Approved as to Form:
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
City Manager
s F. Penman, City Attorney
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Attachment "1"
222 East Valle)' Street
San llcllardino, ell. 92408
11/25/2008
To: MI'. Paul Gerry
City of San Hernardillo
FHX: (909) 384-7238
Ph: (909) 384-5224
We ,we pleased to provide you with tbe following quotalioli for a SRECO-Flexible
TrHiler Mounted Continuous Sewer Rodder for your review.
1 SRECO-Flexible Model HS393TR Tmiler Mounted Coutinuous Sewer Rodder
complete with the following features.
. 20 HI' Engine
. 2" Ball Hiteb
. 1500 ft. Capacity Rod Storage Reel
. 100 ft. .393 Continuous Rod InstHlIed on Rod StorHge Reel
. RotHting "New Millennium Style" Drive Head
. Single Drive Motor for Head ad Single Motor for Reel
. Dual Hydmulie, 15 GPM Pumps
. .375 to 3/8" Coupling for use witb 3/8" AdHpter Rod Tools
. Resettable, Fdetion Rollel', I'Hne] Mount, Footage Meter
. Rounded Cowling with Standard Reel Access 000)'
. Tclescopic Rod Guide Hose StHnd, Fmme Mounted
. Rod Guidc Hose Bmckets for Transportation Needs
. Hand Crank Stabilizer on Towing End with Whcel
. Paint White Inside and Outside
. Rod Bending Kit fOl' .393 Rod
. Grease Gun with Cal'tridge
Complete with the following optional features:
. Robotics
. 200 ft. Extra .393 Rod for a total of 1200 ft.
Continued...
Attachment "1"
222 East Valle)' Sired
S,Hl Iknardino\ C:.I. 92408
. Safety Kill Switch on Acccss Doors
. 18 It. Lightweight Rod Gnide Hose
. Rod Guide Bcll
. LMB-I Manhole Guidc Braec for Above Rod Guide Hose
o 6" Auger
. 6" Concave H.oostaw
PI'iee $44,033.77
8% Sales Tax $ 3,522.70
Total Delivered Price $47,556.47
. Quotation includes delivcry and on-sitc end uscr training providcd by
Municipal Maintenancc Equipmcnt Inc.
. All ""al'l'anty to bc provided by Municipal Maintenanec Equipmcnt Inc.
. NtH'mal Delivcry 125-150 days ARO
. Tcrms Net I ()
. Quotation Valid until February 15,2009
SinC;~rely,
c-~2o, ~VV .~~ t
Robert Veazey
Neff Relltallnc.
Government Accounts Manager
Phone: (813) 267-5098
Fax: (813)626-4089
rvcazcY@lIeffcorp.com
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