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HomeMy WebLinkAbout05.J- Fire RESOLUTION (ID# 1306) DOC ID: 1306 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Purchase Order From: Michael Conrad M/CC Meeting Date: 12/05/2011 Prepared by:Norma Camarena, (909) 384- 5286 Dept: Fire Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to McCray Enterprises in the Amount of$34,522.32 for the Replacement of Fuel Injectors on 12 Emergency Vehicles. Financial Impact: The total dollar amount to be awarded to McCray Enterprises for the replacement of fuel injectors on emergency vehicles is not-to-exceed$34,522.32. Funds to cover this cost were included in the Fire Department's FY 2011-2012 Budget,account number 001-200-5704-0000- 0050 (Miscellaneous Equipment) in the amount of$30,000. As a result of the unit price of the bid(under$5,000 per unit), funds will need to be transferred from account number 001-200- 5704-0000-0050 to account number 001-200-5173-0000-0050 for the issuance of a purchase order. Account Number: 001-200-5173-0000-0050 Budgeted Amount: $41,000 Balance as of November 16,2011: $10,627.37 Balance after approval of item: $6,105.05 (with budget amendment) Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion 1: Adopt Resolution; and Motion 2: Authorize the Director of Finance to amend the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. Synopsis of Previous Council Action: None. Background: Currently, 12 fire engines are experiencing leaking fuel injectors. The fuel is leaking through the injector bodies and entering the crankcase, thus diluting the engine oil. This condition is �s Updated: 12/1/2011 by Linda Sutherland E Packet Pg. 94 1306 detrimental to the internal combustion engine because it causes failure to the main bearings and connecting rod bearings,ultimately causing the engine to seize. This seizure occurs when the oil viscosity becomes diluted with fuel to the point where it loses its lubricating qualities. In addition, a secondary issue this condition causes is the flash point in the crankcase is raised and it has been proven to cause the lower part of the engine to explode. When the fuel was discovered in the oil crankcase, the approach to prevent the internal combustion engines from being damaged was to change the oil on a hyper frequent basis. This practice has reduced the potential of damaging the engines, but has caused the apparatus to be out of service more frequently and not available for front line use. ht addition, fire suppression crews are taken out of the assigned district more and rendered out of service in order to change out into a reserve apparatus resulting in increased response times. Thus, on August 24,2011, a Request for Quote (RFQ) #F-12-02 was issued to solicit formal bids for the replacement of fuel injectors on emergency vehicles. Notices inviting bids from qualified vendors for the replacement of fuel injectors on 12 emergency vehicles were distributed to the San Bernardino Area Chamber of Commerce, the City's Web Site, and advertised in The Sun Newspaper. The RFQ #F-12-02 packages were mailed to 5 vendors including 2 local vendors within the City limits. On September 8, 2011, the City received and reviewed 5 bids and the bid responses are as follows: Vendor Location Bid Proposal Global Power Group, Inc. Lakeside, CA $59,844.00 Johnson Power Systems Riverside,CA $42,451.20 Colton Truck Terminal Garage Colton,CA $37,251.36 McCray Enterprises San Bernardino,CA(County)$34,522.32 Valley Power Systems, Inc. Industry,CA $31,011.12 To accomplish the necessary work, City staff recommends McCray Enterprises. McCray Enterprises is the only vendor who is local which will allow the City to eliminate most of the salary and fuel costs necessary to transport the fire apparatus to and from an approved repair shop that is outside of the local area. Additionally, a local repair shop will be much more efficient for future repairs and adjustments that will be needed on the fuel injectors. The San Bernardino City Fire Equipment Maintenance shop is minimally staffed and it is very important to utilize vendors who are local and bid competitively to afford the mechanics as much efficiency as possible. After analyzing fuel costs, labor costs, and the number of hours it would take for the Fire Department shop mechanics to transport the fire apparatus, it was determined that the difference in the bids between the low bidder and McCray Enterprises is negligible. Pursuant to the City's purchasing system,it is recommended that the City award a purchase order to McCray Enterprises for replacement of fuel injectors on emergency vehicles per RFQ #17-12- (w� 02 (Exhibit A). V Updated: 12/1/2011 by Linda Sutherland E Packet Pg. 95 1306 City Attorney Review: Su000rtine Documents: reso to 1306 (PDF) McCray Enterprises-Vendor Service Agreement wAttachment (PDF) McCray Enterprises-RFQ#F12-02 (PDF) � O Updated: 12/1/2011 by Linda Sutherland E 5.J.a I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER TO MCCRAY ENTERPRISES IN THE 4 AMOUNT OF $34,522.32 FOR THE REPLACEMENT OF FUEL INJECTORS ON 12 EMERGENCY VEHICLES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 'g 7 SECTION 1. That McCray Enterprises is the selected vendor for the replacement of d 8 fuel injectors on 12 emergency vehicles in accordance with Bid Specification #F-12-02 for a 9 10 total amount of$34,522.32. All other bids are hereby rejected. o 11 SECTION 2. The City Manager is hereby authorized and directed to execute on v 0 12 behalf of the City a Services Agreement with McCray Enterprises, a copy of which is "w m 13 attached hereto, marked Attachment "A" and incorporated herein by reference as frilly as a 14 though set forth at length. 0 15 16 SECTION 3. The Director of Finance or her designee is hereby authorized to issue a c 17 purchase order to McCray Enterprises. The purchase order shall incorporate by reference this m 18 Resolution number, shall reference the terms in RFQ Bid Specification #F-12-02, and shall �o 0 M 19 incorporate the terms and conditions of the bid of McCray Enterprises. e 20 8 SECTION 4. The authorization to execute the above referenced Purchase Order is 21 rescinded if the Agreement authorized in Section 2 is not fully executed within thirty (30) t 22 23 days of the passage of this Resolution. a 24 25 26 /!! 27 28 Packet Pg. 97 S.J.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER TO MCCRAY ENTERPRISES IN THE AMOUNT OF $34,522.32 FOR THE REPLACEMENT OF FUEL INJECTORS ON 12 3 EMERGENCY VEHICLES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting 7 a thereof, held on the_day of ,2011, by the following vote,to wit: 8 w T Council Members: AYES NAYS ABSTAIN ABSENT 9 � U 10 MARQUEZ f 11 JENKINS 12 BRINKER t 13 14 SHORETT o' 15 KELLEY 16 JOHNSON 2 17 MCCAMMACK v 18 0 19 0 20 Rachel G. Clark, CMC, City Clerk o 21 The foregoing resolution is hereby approved this day of , 2011. v 22 23 Patrick J. Morris,Mayor a 24 City of San Bernardino 25 Approved as to form: JAMES F. PENMAN, 26 City Attorney 27 By: 28 PacketPg.98``' AUMIR SERVICES AGREEMENT `.. CITY OF SAN BERNARDINO—MCCRAY ENTERPRISES This Purchase Agreement is entered into this 5th day of December, 2011,by and between McCray Enterprises("Vendor's and the City of San Bernardino ("City"or"San Bernardino"). WHEREAS,the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the replacement of fuel injectors on 12 emergency vehicles; d WHEREAS,the City of San Bernardino did solicit and accept quotes from available Vendors for the replacement of fuel injectors on 12 emergency vehicles; and, d LU LU WHEREAS, McCray Enterprises, submitted a quote and has been selected for the replacement of fuel injectors on 12 emergency vehicles. U NOW,THEREFORE,the parties hereto agree as follows: d 1. SCOPE OF SERVICES. o For the remuneration stipulated, San Bernardino hereby engages Vendor for the replacement of 0 fuel injectors on 12 emergency vehicles as set forth on Vendor's proposal, attached hereto and r incorporated herein as Exhibit"A." Delivery to City is to be made at Vendor's place of business. a 2. COMPENSATION AND EXPENSES. o a. For the products and/or services delineated above,the City,upon presentation of an invoice,shall pay the Vendor up to the amount of$34,522.32 for the replacement of fuel N injectors on 12 emergency vehicles. o N b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM;TERMINATION. M 0 a. The replacement of the fuel injectors in 12 emergency vehicles shall be completed no later N than June 30, 2012. b. This Agreement may be terminated at any time by thirty(30)days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. WARRANTY. a Vendor expressly warrants that all products and services supplied to City by Vendor under this Agreement shall conform to the specifications, drawings or other descriptions upon which this purchase is based, shall be fit and sufficient for the purpose intended,and shall be 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 CITY OF SAN BERNARDINO—McCray Enterprises I PURCHASE AGREEMENT foregoing warranty without expense to the City,when notified of such nonconformity by City. If `..r Vendor fails to correct the defects in or replace nonconforming 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 calendar days' notice 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 "- actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in d any way connected with the accomplishment of the work or performance of services under this w 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 o representatives, with respect to third party claims against the Vendor relating to or in any way w connected with the accomplishment of the work or performance of services under this Agreement. r U 6. INSURANCE. a' While not restricting or limiting the foregoing, during the term of this Agreement,Vendor shall o �✓ maintain in effect policies of comprehensive public,general and automobile liability insurance,in the amount of$1,000,000 limits,and shall file copies of said policies with the City's Risk Manager prior R to undertaking any work under this Agreement. City shall be set forth as an additional named insured `o in each policy of insurance. The Certificate of Insurance furnished to the City shall require the insurer y give City 30 days'prior written notice of any change or termination in the policy. z 7. NON-DISCRIMINATION. o In the performance of this Agreement and in the hiring and recruitment of employees, Vendor o shall not engage in,nor permit its officers,employees or agents to engage in, discrimination in o employment of persons because of their race,religion,color,national origin, ancestry, age,mental or physical disability, medical condition,marital status,sexual gender or sexual orientation,or any other status protected by law. E S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration a certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 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: CITY OF SAN BERNARDINO—McCray Enterprises 2 PURCHASE AGREEMENT Packet Pg. 100 TO THE City: City of San Bernardino Fire Department 200 East Third Street San Bernardino, CA 92410 Attention: Fire Chief Telephone: (909)384-5286 TO THE Vendor: McCoy Enterprises 24268 5v' Street San Bernardino,CA 92410 v Attention: Rick McCray, Owner Telephone: (909)381-1964,(909) 885-2551 FL d c 10. ATTORNEYS' FEES. 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. v Attorneys' fees for the City Attorney and members of his office shall be calculated based on the o market rate for comparable services. d N R L 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign,transfer, sublet or encumber all or a any part of the Vendor's interest in this Agreement without City's prior written consent. Any o attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent,no N subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations g to be performed by Vendor hereunder for the term of this Agreement. N v 12. VENUE. r The parties hereto agree that all actions or proceedings arising in connection with this M Agreement shall be tried and litigated either in the State courts located in the County of San o 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 patties to be mandatory and not permissive in nature. v 13. GOVERNING LAW. z 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. CITY OF SAN BERNARDINO—McCray Enterprises 3 PURCHASE AGREEMENT Packet Pg. t01 15. HEADINGS. NNW 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 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. N 17. REMEDIES; WAIVER y All remedies available to either party for one or more breaches by the other party are and shall m be deemed cumulative and may be exercised separately or concurrently without waiver of any other w remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall R 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. 0 18. ENTIRE AGREEMENT; MODIFICATION. ; This Agreement constitutes the entire agreement and the understanding between the parties, p and supersedes any prior agreements and understandings relating to the subject manner of this w Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IL IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date o set forth below. M Dated: 2011 Dated 2011 c MCCRAY ENTERPRISES CITY OF SAN BERNARDINO By: By M Rick McCray,Owner Charles McNeely,City Manager o 0 N d Approved as to Form: James F. Penman, City Attorney E E By: a CITY OF SAN BERNARDINO—McCray Enterprises 4 PURCHASE AGREEMENT Packet Pg. 102 i j S.J.b Atta i I i SERVICES AGREEMENT © CITY OF SAN BERNARDINO—MCCRAY ENTERPRISES a" N a � v This Purchase Agreement is entered into this 5th day of December,2011,by and between w` McCray Enterprises ("Vendor") and the City of San Bernardino("City"or"San Bernardino"). r I U WHEREAS,the Mayor and Common Council has determined that it is advantageous and in 2 the best interest of the City to contract for the replacement of fuel injectors on 12 emergency vehicles; ° d D WHEREAS,the City of San Bernardino did solicit and accept quotes from available Vendors 0 for the replacement of fuel injectors on 12 emergency vehicles; and, y m s WHEREAS,McCray Enterprises, submitted a quote and has been selected for the replacement 5 a of fuel injectors on 12 emergency vehicles. .. 0 NOW,THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. e For the remuneration stipulated, San Bernardino hereby engages Vendor for the replacement of fuel injectors on 12 emergency vehicles as set forth on Vendor's proposal, attached hereto and incorporated herein as Exhibit"A." Delivery to City is to be made at Vendor's place of business. c d 2. COMPENSATION AND EXPENSES. V a. For the products and/or services delineated above,the City,upon presentation of an invoice, shall pay the Vendor up to the amount of$34,522.32 for the replacement of fuel 3 injectors on 12 emergency vehicles. m E b. No other expenditures made by Vendor shall be reimbursed by City. d rn 3. TERM; TERMINATION. d it a. The replacement of the fuel injectors in 12 emergency vehicles shall be completed no later rn than June 30, 2012, `o v c b. This Agreement may be terminated at any time by thirty (30) days' written notice by either ? m party. The terms of this Agreement shall remain in force unless mutually amended. Q 4. WARRANTY. m Vendor expressly warrants that all products and services supplied to City by Vendor under this W Agreement shall conform to the specifications,drawings or other descriptions upon which this purchase is based, shall be fit and sufficient for the purpose intended, and shall be merchantable, of cU 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 E agrees to replace, or correct promptly, defects of any goods or services not conforming to the Y a CrrY OF SAN BERNARDINO—McCmy Enterprises 1 PURCHASE AGREEMENT Packet Pg. 103 S.J.b foregoing warranty without expense to the City,when notified of such nonconformity by City. If `.+ Vendor fails to correct the defects in or replace nonconforming goods or services promptly, City may, y after reasonable notice to Vendor,make such corrections or effect cover, or cure,at Vendor's expense. a "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendar d days' notice before commencement of efforts by the City to effect cover or a cure except upon written m` agreement of the Parties. U 5. INDEMNITY. Vendor agrees to and shall indemnify and hold the City,its elected officials,employees, agents S or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and v nature arising from bodily injury, including death, or property damage, based or asserted upon any 0` actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in o any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of a 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, M 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 o 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. v C 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 limits,and shall file copies of said policies with the City's Risk Manager prior 3 to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance. The Certificate of Insurance famished to the City shall require the insurer give City 30 days' prior written notice of any change or termination in the policy. d m 7. NON-DISCRIMINATION. d v 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 y employment of persons because of their race,religion, color, national origin, ancestry, age,mental or v physical disability,medical condition,marital status, sexual gender or sexual orientation,or any other status protected by law. ? w m w 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a Vendor warrants that it possesses or shall obtain, and maintain a business registration °'. certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, W qualifications, insurance and approval of whatever nature that are legally required of Vendor to L practice its business or profession. 9. NOTICES. c Any notices to be given pursuant to this Agreement shall be deposited with the United States E Postal Service,postage prepaid and addressed as follows: CITY OF SAN BERNARDINO—McCray Enterprises 2 PURCHASE AGREEMENT Packet Pg. 104 5.J.b TO THE City: City of San Bernardino Fire Department w 200 East Third Street a San Bernardino, CA 92410 v Attention: Fire Chief w Telephone: (909) 384-5286 R U TO THE Vendor: McCray Enterprises 24268 5a`Street ° San Bernardino, CA 92410 a Attention: Rick McCray, Owner 0` Telephone: (909) 381-1964, (909) 885-2551 0 s U 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the a prevailing party shall be entitled to recover from the opposing party all costs and expenses,including M 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. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the c market rate for comparable services. d z 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 written consent. Any E attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent,no 3 subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. E E d 12. VENUE. a 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, n Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory `oo and not permissive in nature. d 13. GOVERNING LAW. y This Agreement shall be governed by the laws of the State of California. Q d 14. SUCCESSORS AND ASSIGNS. w This Agreement shall be binding on and inure to the benefit of the parties to this Agreement R and their respective heirs,representatives, successors,and assigns. c d E r U v Q CrrY OF SAN BERNARDINO—McCray Enterprises 3 PURCHASE AGREEMENT Packet Pg. 105 S.J.b 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of N convenience only and shall not affect the construction or the interpretation of any of its provisions. a iu 16. SEVERABILITY. w` If any provision of this Agreement is determined by a court of competent jurisdiction to 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 2 circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. v a 17. REMEDIES; WAIVER. 0 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 a 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. M 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, o and supersedes 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. d IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. a 3 Dated: 12011 Dated 2011 = m E MCCRAY ENTERPRISES CITY OF SAN BERNARDINO v m By: By: Rick McCray, Owner Charles McNeely, City Manager 0 rn `0 Approved as to Form: w James F. Penman, City Attorney N d N By: a `0 c tL T U b rL t d E s u V •10• Cr'Y OF SAN BERNARDINO-McCray Enterprises 4 PURCHASEAGREEMENT PacketPg. 106 I 5.J.c Oiesei Repair ® Body Shop Specializing in Fleets/Municipalities N d N a `m September 8, 2011 W T A U u City of San Bernardino 0 300 North "D° Street, 4th Floor `m Attn: Deborah Morrow -o Finance Department, Purchasing 0 San Bernardino, California 92418 m z u RFQ F-12-02 a "Replace Fuel Injectors on Emergency Vehicles" m 0 Dear Ms. Morrow, N Thank you for the opportunity to submit this proposal for the above-referenced RFQ. This bid shall remain valid for a period of not less than 120 days from today's date. 0 If you have any questions or require additional information,please do not hesitate to LL 0 contact me, w d N Respectfully, a d c McCRAY ENTERPRISES w T RICK McCRAY Owner d E s u Attachment: Bid Package a •. (909) 381-1964 (909) 885-2551 • FAX (909) 381-3574 • 24268 5th Street • San Bernardino. CA 92410 www.mccrayent.com Packef Pg: 107 S.J.c On behalf of McCray Enterprises, thank you for taking the time to consider our bid for RFQ F-12-02 Oualifications, Related Experience and References of Bidder 3(a). McCray Enterprises is family owned and operated and has been in business since 1982. Rick McCray is and has always been the sole proprietor. We are located in the City of San Bernardino on approximately two (2) acres with approximately 25,000 feet of enclosed aN facility. Currently we employ approximately thirty five (35) employees. g McCray's employs five (4) Class "A" licensed and insured drivers for the a pick-up and delivery of vehicles. 2 (b). Rick McCray, Owner has over 24 years of experience in the field of `L mechanical as well as body repair and refinishing. Rick provides personal, hands on oversight of the entire business operations and c personally participates in all of the operational decisions of the business. He works closely with all customers to ensure satisfaction of service. v 0 Jay Blackburn, Mechanical Shop Foreman, has worked for McCray's for over twenty (20) years. His current duties include supervising approximately eighteen (18) mechanics. Jay and his staff are certified to work on CAT, Cummins, John Deere, Detroit and a variety of other a machinery. Employees have attended numerous vendor sponsored o training programs and received accompanying certifications. N (c). Coca Cola Bottling Company n 10670 6m Street LL Rancho Cucamonga, California 91760 Chuck Harbin, Fleet Manager Phone (909) 476-1665 N Omnitrans 1700 West 5th Street a San Bernardino, California 92408 2 Jack Dooley, Maintenance Director Phone (909) 379-7100 w` T A Anheuser-Busch Sales Company 1400 Marlborough Avenue Riverside, California 92507 Jerry Wylam, Fleet Services Manager Phone (951) 684-1541 s V Riverside Transit Agency 1825 31�+ Street a Riverside, California 92517-1968 Robert Bach, Director of Maintenance Phone (951) 565-5032 Long Beach Transit 1963 East Anaheim Street Long Beach, California 90801 Tony Rose, Body Shop Foreman Phone (951) 905-1968 Packet.Pg.708 S.J.c MCCRAY'S CONTACT INFORMATION McCray's has always strived to keep open communication with our customers. Included in this proposal as Attachment "A", is a phone listing of all our key players that would be involved in the completion of this project. H 0 N .a d C W T m U U 0 `m v O v N A L U IL is 0 M N 0 itN LL d LL Vl d UI a m c W T A G U C d E L V A Q Packet Pg. 109 5.J.c RFQ F-12-02 Replace Fuel Injectors on Emergency Vehicles NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned y hereby states, under penalty of perjury: y a That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free w competitive bidding in connection with RFQ F-12-02. U U Business Name Business Address `CZ Signature of bidder X V 157 L a _r {nj l ^ M PlacdJf Residence nce N N LL Subscribed and sworn before me this day of 20_ o LL Notary Public in and for the County of State of California. N My commission expires 20_ d uw T N U u B � State of California, County of XIQ,r7W/4ie £ Subscribed and sworn to for affirmed)before me on/�E `� 40/ :A by �T/��P�/ ��-'e /}��`�l�y #� SN CAROL ANN FLIS ;? proved to me n the basis aF / Comm.Nt922876 satisfactory evidence tooelheperson(s)who appeared before C ' P briC-CalilUma ^ me an8 rnar dino County� Q antu.E�Pkes Feb 19,1015 Signature of Notary 19 Packet Pg. 110 RFQ F-12-02 Replace Fuel Injectors on Emergency Vehicles SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractors total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if N he specifies more than one subcontractor for the same portion of work to be performed a under the contract in excess of one-half of one percent, he agrees that he is fully d qualified to perform that portion himself and that he shall perform that portion himself. w T A U DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY o TRADE 0 NIM d N N U U 3 a 0 M N O N LL U °��i�cr W Print Name Signature of Bidder N Company Name: Y/IrI 7t / y/l /� L/ /� LU Address: �TW i/CJ'" ' I—an& YId11D IC�IIjI 12`fI0 U C d REJECTION OF BIDS E U A The undersigned agrees that the City of San Bernardino reserves the right to reject any a or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 19 PacketPg. 111 RFQ F-12-02 Replace Fuel injectors on Emergency Vehicles PRICE FORM REQUEST FOR QUOTES: RFQ F-12-02 DESCRIPTION OF RFQ: Replace Fuel Injectors for Emergency Vehicles _ COMPANY NAME C "- ADDRESS: Z LYJ �c c w mi a 2 T U v g 0 PRINT d NAME OF AUTHORIZED REPRESENTATIVE d A SIGNATURE \ Provide pricing that is a firm fixed fee_per unit. This must inc dedahor;materials tools equipment,-and supplie%-W-arran �ahipping, /a sales to cessary to M -cdriiptete the scope of work as ou mad iri SEC ON II, Technical Specifications. N O N Replacement of Six(6) Fuel Injectors on Twelve (12) Detroit Diesel Series 60 Engines u 0 LL Price Each Total Description Unit $J�, Price N FL 1. Eleven (11) Pumpers --/DTI a �O —v1�1/f a2,e e_e' w` 2. One (1) Aerial TruckT M 122(0,2 - 7 3. GRANDTOTAL: Jt1, 5:22..?2 E R c�ilrrt 15 Packet Pg1'112 S.J.c RFQ F-I2-02 Replace Fuel Injectors on Emergency Vehicles Are there any other additional or incidental costs, which will be required by your in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: d N Q Q) C W T A U U Please indicate any elements of the Technical Specifications that cannot be met by o your firm. IV II V 0 Y N R L U a Have you included in your bid all informational items and forms as requested. Yes M / No (circle one). If you answered "No", please explain: N O N LL LL N U N This offer shall remain firm for 423 days from RFQ close date. Q d Terms and conditions as set forth in this RFQ apply to this bid. w` T Cash discount allowable %_days; unless otherwise stated, payment terms are: Net thirty (30) days. c In signing this bid, Bidder warrants that all certifications and documents requested E herein are attached and properly completed and signed. M From time to time, the City may issue one or more addenda to this RFQ. Below, a please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received 16 Packet Pg. 113 5.J.c RFQ F-I2-02 Replace Fuel Injectors on Emergency Vehicles Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: 54 ** PRINT SIGNER'S NAME AND TITLE: We p f[? U i ryyl,'.I ll N d Rt May, 0 tow % � ► I u DATE SIGNED: "fiha ,On p y,n 1��]]]4D COMPANY NAME &ADDRESS: % / `_��g PHONE: FAX " PA-50/y EMAIL: awl I e tV (�,{ri�i 11. QD� ° I A IF SUBMITTING A"NO BID", PLEASE STATE REASON(S) BELOW: a 0 M • N O N LL d LL LL' N d Yl m` c w T A U u c m E t u A Q 4 17 PacketPg.114 S.J.c RFQ F-12-02 Replace Fuel Injectors on Emergency Vehicles City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-12-02 REPLACE FUEL INJECTORS ON EMERGENCY VEHICLES v NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" "- a v Services: Bidder shall complete right-hand column indicating brief reasoning for w exceptions to requirements when not acceptable. State"Acceptable" if requirements are agreeable as set forth in left-hand column. U Equipment: g Bidder shall complete right-hand column indicating specific size and or v make and model of all components when not exactly as specified. State o "As Specified" if item is exactly as set forth in the left-hand column. A FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID a 0 0 CATEGORY I ACCEPTABLE/AS SPECIFIED Replacement of fuel injectors on emergency vehicles Arne Qp o for the City of San Bernardino Fire Department. CATEGORY II Bidder shall document in the Vendor Notes section o Pao*qany additional costs associated with these price uotes for complete evaluation purposes. z y Undocumented additional costs will not be honored. Q Bidder shall bid on the replacement of six fuel o` injectors on twelve Detroit Diesel Series 60 engines ��� U` in eleven Pumpers and one Aerial Truck � t� Bidder shall supply injectors, gaskets, and any other �VQ U materials necessary to complete the work. n 7J Scope of Work will include, but not limited to, the removal of any tubing, harness, hoses, etc. to gain E access to remove the valve cover. Remove rocker np arms and injectors. Replace injectors with Aye remanufactured injectors. Install rocker arms, adjust valves, injector rocker arm gap, run engine and check for leaks. Install valve cover and steam clean. 9 Packet Pg. 115 S.J.c RFQ F-12-02 Replace Fuel Injectors on Emergency Vehicles CATEGORY 1 ACCEPTABLE f AS SPECIFIED The City of San Bemardino Fire Maintenance Shop �l C ll✓ will be responsible for changing of the oil, oil filter, and fuelfwater separator fitter. The bid will be for the following DD(; engine numbers: O6R0477883, 06R0479478, 0680479458, nI p v O6R0576134, 06R0576109, 0680576115, "- 06R0576127, 0680463634, 0680476514, 0680477866, 0680479444, 0680477835 LU CATEGORY III UNIT PRICE REQUEST Price shall include the breakdown of all costs: i.e. A(�p f �e 0 unit price, shipping, and 8% (effective 07/01/11) sales tax. 0 0 v WARRANTY yip A Bid shall include warranty information. Minimum of six months or 6,000 miles on parts and labor. m 0 Bid prices shall be valid for 120 days due to � processing requirements. N LL Service will be effective from time of award through June 30, 2012. �� I u .a a, LU w r m U U C E E L V a Q 10 Packet Pg. 716 � ATTACHIviBNT"A" N d N a d C W T d V U McCray Enterprises o 24268 5w Street San Bernardino, California 92410 v O Contact Phone Numbers: m r DEPARTMENT CONTACT PHONE NUMBER a' Owner Rick McCra 951 538-6018 .. Shop Foreman Jav Blackburn 951 232-4413 0 Mechanical Supervisor Pete Medeiros 909 659-6992 N O N LL LL UI d N EL d a W T A U U g c d E r U a Packet Pg. 117 '-