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HomeMy WebLinkAbout27- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTIOIQ" R!G1NAL From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Agreement and issuance of a Date: July 27, 2009 Purchase Order in the amount of $238,000 with three (3) one-year extensions at the City's option to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Meeting Date: August 17, 2009 Synopsis of Previous Council Action: August 4, 2008 — Resolution 2008-309 — the Mayor and Common Council authorized the execution of an Agreement and issued a Purchase Order in the amount of $238,000 by exercising its fourth and final year option with Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Recommended Motion: Adopt Resolution. Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Attachment "1" FUNDING REQUIREMENTS: Amount: $238,000 Source: FY 09-10 527-412-5112 (Small Tools and Equipment) Finance: Council Notes: ' cyln,(_CL_y 8J1-710-7 Agenda Item No. _ �7 9_ o-,n e; CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report 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 in the amount of$238,000 with three (3) one-year extensions at the City's option to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Background: The City of San Bernardino, Public Services Department, Integrated Waste Management Division (IWM) services approximately 46,000 residential customers through an automated collection system. The City has over 138,000 automated refuse carts that require service on a weekly basis. Automated refuse carts need to be replaced periodically due to wear and tear. On August 4, 2008, per Resolution 2008-309, the Mayor and Common Council authorized the execution of an Agreement and issued a Purchase Order in the amount of $238,000 by exercising its fourth and final year option with Rehrig Pacific Company for the purchase of automated carts for residential refuse services. On June 16, 2009 a formal bid process was initiated to solicit bids for automated refuse carts. Notices of bids were e-mailed, posted to the web, printed on the newspaper and sent to the Chamber of Commerce and four (4) vendors. All four (4) vendors responded (See Attachment "'I"). No local vendors provide this type of service. The vendor, business location, and quote per cart are listed below: Vendor Location Unit Price (Including tax) Otto Environmental Systems Eloy, AZ $41.38 Toter Inc. Sanger, CA $43.39 Rehrig Pacific Company Los Angeles, CA $44.22 Rotonics Manufacturing Inc. Gardena, CA $47.96 While all four companies met the minimum standards called for in the bid specifications, staff recommends that we continue to use Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Rehrig Pacific Company provides the strongest warranty for their automated carts. In addition to replacing product parts, Rehrig Pacific Company is the only company that will replace a defective cart body with a completely new cart body. For example, if the cart body or lid crack or if the lid attachments, wheels, axle or hardware fail, Rehrig Pacific Company will replace it for free for up to ten years and will not charge us for delivery. Otto and Toter will only repair or replace parts, the cart body or lids are not covered and they charge a delivery fee. Over the past five years Rehrig Pacific Company has provided outstanding support and service to the City of San Bernardino. With approximately 26,000 carts currently in use in the City today, Rehrig Pacific Company has demonstrated the ability to produce a first rate product as well as support that product with a high level of service. They have provided consistent service and follow-up on all orders placed over the past five years. They have 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report — Continued displayed flexibility to receive and fill both large and small orders on demand without any problem. They have assisted staff in finding local vendors to recycle old carts. They also have assisted staff in exploring alternative automated carts with locking devices to test in the windy areas of the City. A vital part of working with a cart manufacturing company is their ability to deliver carts on time. Over the past five years, Rehrig Pacific Company has delivered all cart orders on time and are manufactured in Los Angeles. Rehrig Pacific Company has guaranteed that with its existing capabilities that they can guarantee that the City of San Bernardino's delivery objectives will be met. All other companies manufacture out of state and/or out of the Country. Four of the largest municipally operated collection programs (City of Los Angeles, City of Long Beach, City of San Diego, City of Glendale and the City of Phoenix in Arizona) were contacted regarding their experience and feedback with each of the perspective bidders. Four of the five cities currently use Rehrig Pacific for their automated carts and all have reported having a positive experience with them. The City of Glendale was the only City using Totar that reported having inconsistencies with their shipping and cart repair services. The City of Phoenix was also contacted and would not comment on Otto's carts due to past litigation. By continuing to use Rehrig Pacific Company, the City of San Bernardino will be able to standardize its automated carts and offer City residents a consistent and uniform appearance in regards to their automated carts. Therefore, staff recommends that we continue to use Rehrig Pacific Company as our supplier of residential automated carts. Financial Impact: Funds have been budgeted in the FY 09-10 Budget, Account No. 527-412-5112 (Small Tools and Equipment) in the amount of $238,000. Recommendation: Adopt Resolution. 2 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $238,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG 4 PACIFIC COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR 5 RESIDENTIAL REFUSE SERVICES. 6 WHEREAS, Rehrig Pacific Company submitted the third lowest, most qualified 7 bid for automated carts for residential refuse services per RFQ F-09-17. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. The City Manager of the City of San Bernardino is hereby 11 authorized to execute on behalf of said City an Agreement between the City of San 12 Bernardino and Rehrig Pacific Company, a copy of which is attached hereto, marked 13 as Exhibit "A", and incorporated herein by this reference as fully as though set forth at 14 15 length. 16 SECTION 2. That pursuant to this determination the Director of Finance or her 17 designee is hereby authorized to issue a purchase order to Rehrig Pacific Company in 18 the amount of$238,000 for FY 09-10. 19 SECTION 3. The Purchase Order shall reference this Resolution Number and 20 shall read, "Rehrig Pacific Company for the purchase of for automated carts for 21 residential refuse services. Agreement not to exceed $238,000" and shall incorporate 22 23 the terms and conditions of the agreement. 24 SECTION 4. The authorization to execute the above referenced Purchase 25 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 26 days of the passage of this resolution. 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $238,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG 3 PACIFIC COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR 4 RESIDENTIAL REFUSE SERVICES. 5 1 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 day of 2009, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 12 BAXTER 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 , 2009. 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 Approved as to Form: 26 By: 27 J es F. Penman i Attorney 28 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 17th day of August 2009, by and 3 between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY" or 4 "San Bernardino"). 5 WITNESSETH: 6 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to purchase automated carts for residential refuse services; 9 and 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available 11 vendors for automated carts for residential refuse services per RFQ F-09-17; and, 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in RFQ F-09-17, a copy of which 17 is attached hereto as Attachment"1" and incorporated by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$238,000, for automated carts for residential 21 22 refuse services as per Attachment 1. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 The term of this agreement shall be from August 17; 2009 through June 30, 2010, with 26 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 27 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 28 Exhibit"A" 1 p 1 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 2 2012 through June 30, 2013. 3 This Agreement may be terminated at any time by thirty (30) days prior written notice 4 by either party. The terms of this Agreement shall remain in force unless amended by written 5 agreement of the parties executed on or before date of expiration of current term of the 6 7 agreement. 8 4. WARRANTY 9 Vendor expressly warrants that all products and services supplied to City by Vendor 10 under this Agreement shall conform to the specifications, drawings or other description upon 11 12 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 13 of good material and worlananship, free from defects and fee and clear of all liens or 14 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 15 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 16 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 17 services not conforming to the foregoing warranty without expense to the City, when notified 18 19 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 20 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 21 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 22 purposes of this section shall not be deemed to require more than 60 calendars days notice 23 before commencement of efforts by the City to effect cover or a cure except upon written 24 agreement of the Parties. 25 26 27 28 Exhibit"A" 2 1 5. INDEMNITY. 2 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 3 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 4 any kind and nature arising from bodily injury, including death, or property damage, based or 5 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 6 7 subcontractors, relating to or in any way connected with the accomplishment of the work or 8 performance of service under this Agreement, unless the bodily injury or property damage was 9 actually caused by the sole negligence of the City, its elected officials, employees, agents or 10 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 11 own expense, including attorney's fees the City, its elected officials, employees, agents or 12 representatives from any and all legal actions based upon such actual or alleged acts or 13 14 omissions. Vendor hereby waives any and all rights to any types of express or implied 15 indemnity against the City, its elected officials, employees, agents or representatives, with 16 respect to third party claims against the Vendor relating to or in any way connected with the 17 accomplishment of the work or performance of services under this Agreement. 18 6. INSURANCE. 19 While not restricting or limiting the foregoing, during the term of this Agreement, 20 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 21 22 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 23 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 24 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 25 additional named insured in each policy of insurance provided hereunder. The Certificate of 26 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 27 28 Exhibit"A" 3 f 1 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 2 change or termination of policy. 3 7. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 7 discrimination in employment of persons because of their race, religion, color, national origin, 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law. 10 8. INDEPENDENT CONTRACTOR. 11 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 12 purposes VENDOR shall be an independent contractor and not an agent or employee of the 13 14 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 15 come Tax, Social Security, State Disability Insurance Compensation, Unemployment 16 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 17 employees, and all business licenses, if any are required, in connection with the services to be 18 performed hereunder. 19 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 20 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 21 22 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 23 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 24 to practice its business or profession. 25 NOTICES. 26 Any notices to be given pursuant to this Agreement shall be deposited with the United 27 States Postal Service,postage prepaid and addressed as follows: 28 Exhibit"A" 4 1 TO THE CITY: Public Services Director 300 North"D" Street 2 San Bernardino, CA 92418 3 Telephone: (909) 384-5140 4 TO THE VENDOR: Rehrig Pacific Company 4010 E 26 St 5 Los Angeles CA 90058 Telephone: (310) 529-8774 6 Contact: Justin Fellhauer 7 10. ATTORNEYS' FEES. 8 In the event that litigation is brought by any party in connection with this Agreement, 9 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 10 11 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 12 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 13 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 14 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 15 fees" for the purposes of this paragraph. 16 11. ASSIGNMENT. 17 18 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 19 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 20 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 21 and shall constitute a breach of this Agreement and cause for the termination of this 22 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 23 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 24 hereunder for the term of this Agreement. 25 26 27 /// 28 Exhibit"A" 5 1 12. VENUE. 2 The parties hereto agree that all actions or proceedings arising in connection with this 3 Agreement shall be tried and litigated either in the State courts located in the County of San 4 Bernardino, State of California or the U.S. District Court for the Central District of California, 5 Riverside Division. The aforementioned choice of venue is intended by the parties to be 6 7 mandatory and not permissive in nature. 8 13. GOVERNING LAW. 9 This Agreement shall be governed by the laws of the State of California. 10 14. SUCCESSORS AND ASSIGNS. 11 This Agreement shall be binding on and inure to the benefit of the parties to this j 12 Agreement and their respective heirs, representatives, successors, and assigns. 13 ' 15. HEADINGS. 14 15 The subject headings of the sections of this Agreement are included for the purposes of 16 convenience only and shall not affect the construction or the interpretation of any of its 17 provisions. i8 16. SEVERABILITY. 19 If any provision of this Agreement is determined by a court of competent jurisdiction to 20 j be invalid or unenforceable for any reason, such determination shall not affect the validity or 21 ! 22 enforceability of the remaining terms and provisions hereof or of the offending provision in any 23 other circumstance, and the remaining provisions of this Agreement shall remain in full force 24 and effect. i 25 17. ENTIRE AGREEMENT; MODIFICATION. i 26 This Agreement constitutes the entire agreement and the understanding between the 27 parties, and supercedes any prior agreements and understandings relating to the subject manner 28 Exhibit"A" 6 1 of this Agreement. This Agreement may be modified or amended only by a written instrument 2 executed by all parties to this Agreement. 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 Exhibit"A" 7 1 VENDOR SERVICE AGREEMENT REHRIG PACIFIC COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: , 2009 Rehrig Pacific Company 7 By: 8 9 Dated 2009 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: 14 J s, Penman, City Attorney 15 �J 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" 8 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 17th day of August 2009, by and 3 between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY" or 4 "San Bernardino"). 5 WITNESSETH: 6 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to purchase automated carts for residential refuse services; 9 and 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available 11 vendors for automated carts for residential refuse services per RFQ F-09-17; and, 12 NOW,THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in RFQ F-09-17, a copy of which 17 is attached hereto as Attachment"1" and incorporated by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$238,000, for automated carts for residential 21 22 refuse services as per Attachment 1. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 The term of this agreement shall be from August 17, 2009 through June 30, 2010, with 26 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 27 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 28 1 1 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 2 2012 through June 30, 2013. 3 This Agreement may be terminated at any time by thirty (30) days prior written notice 4 by either party. The terms of this Agreement shall remain in force unless amended by written 5 agreement of the parties executed on or before date of expiration of current term of the 6 7 agreement. 8 4. WARRANTY 9 Vendor expressly warrants that all products and services supplied to City by Vendor 10 under this Agreement shall conform to the specifications, drawings or other description upon 11 12 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 13 of good material and workmanship, free from defects and fee and clear of all liens or 14 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 15 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing. 16 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 17 services not conforming to the foregoing warranty without expense to the City, when notified 18 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 19 20 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 21 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 22 purposes of this section shall not be deemed to require more than 60 calendars days notice 23 before commencement of efforts by the City to effect cover or a cure except upon written 24 agreement of the Parties. 25 26 27 28 2 i 1 5. INDEMNITY. i 2 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 3 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 4 any kind and nature arising from bodily injury, including death, or property damage, based or 5 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 6 7 subcontractors, relating to or in any way connected with the accomplishment of the work or 8 performance of service under this Agreement, unless the bodily injury or property damage was 9 actually caused by the sole negligence of the City, its elected officials, employees, agents or 10 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 11 own expense, including attorney's fees the City, its elected officials, employees, agents or 12 representatives from any and all legal actions based upon such actual or alleged acts or 13 omissions. Vendor hereby waives any and all rights to any types of express or implied 14 15 indemnity against the City, its elected officials, employees, agents or representatives, with 16 respect to third party claims against the Vendor relating to or in any way connected with the 17 accomplishment of the work or performance of services under this Agreement. 18 6. INSURANCE. 19 While not restricting or limiting the foregoing, during the term of this Agreement, 20 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 21 22 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 23 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 24 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 25 additional named insured in each policy of insurance provided hereunder. The Certificate of 26 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 27 28 3 1 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 2 change or termination of policy. 3 7. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 7 discrimination in employment of persons because of their race, religion, color, national origin, 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law. 10 8. INDEPENDENT CONTRACTOR 11 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 12 purposes VENDOR shall be an independent contractor and not an agent or employee of the 13 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 14 15 come Tax, Social Security, State Disability Insurance Compensation, Unemployment 16 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 17 employees, and all business licenses, if any are required, in connection with the services to be i8 performed hereunder. 19 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 20 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 21 22 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 23 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 24 to practice its business or profession. 25 NOTICES. 26 Any notices to be given pursuant to this Agreement shall be deposited with the United 27 States Postal Service, postage prepaid and addressed as follows: 28 4 1 TO THE CITY: Public Services Director 300 North"D" Street 2 San Bernardino, CA 92418 Telephone: (909) 384-5140 3 TO THE VENDOR: Rehrig Pacific Company 4 4010 E 26`h St 5 Los Angeles CA 90058 Telephone: (310) 529-8774 6 Contact: Justin Fellhauer 7 10. ATTORNEYS' FEES. 8 hi the event that litigation is brought by any party in connection with this Agreement, 9 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 10 11 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 12 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 13 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 14 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 15 fees" for the purposes of this paragraph. 16 11. ASSIGNMENT. 17 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 18 19 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 20 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 21 and shall constitute a breach of this Agreement and cause for the termination of this 22 Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR 23 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 24 hereunder for the term of this Agreement. 25 26 27 28 5 1 12. VENUE. 2 The parties hereto agree that all actions or proceedings arising in connection with this 3 Agreement shall be tried and litigated either in the State courts located in the County of San 4 Bernardino, State of California or the U.S. District Court for the Central District of California, 5 Riverside Division. The aforementioned choice of venue is intended by the parties to be 6 7 mandatory and not permissive in nature. 8 13. GOVERNING LAW. 9 This Agreement shall be governed by the laws of the State of California. 10 14. SUCCESSORS AND ASSIGNS. 11 This Agreement shall be binding on and inure to the benefit of the parties to this 12 Agreement and their respective heirs, representatives, successors, and assigns. 13 15. HEADINGS. 14 15 The subject headings of the sections of this Agreement are included for the purposes of 16 convenience only and shall not affect the construction or the interpretation of any of its 17 provisions. 18 16. SEVERABILITY. 19 If any provision of this Agreement is determined by a court of competent jurisdiction to 20 be invalid or unenforceable for any reason, such determination shall not affect the validity or 21 22 enforceability of the remaining terms and provisions hereof or of the offending provision in any 23 other circumstance, and the remaining provisions of this Agreement shall remain in full force 24 and effect. 25 17. ENTIRE AGREEMENT; MODIFICATION. 26 This Agreement constitutes the entire agreement and the understanding between the 27 parties, and supersedes any prior agreements and understandings relating to the subject manner 28 6 1 of this Agreement. This Agreement may be modified or amended only by a written instrument 2 executed by all parties to this Agreement. 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 7 1 VENDOR SERVICE AGREEMENT REHRIG PACIFIC COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2009 Rehrig Pacific Company 7 By: 8 9 Dated 12009 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: a 14 Jame . Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 ]o0 ® E 2 mm CD { \/ \ \ /� \ ° f \T k ± _ ® CL ; m \ k \ \ k / ` CD / k z ( « k � nn / 0 0 > m / .o � � 0g0 � $ 0 > , z q0 $ \ } § m w > ¥ 0 . . ° m » ® a o m \ ; % m � - I > 2 CO z / � = » oe2_ O k $ � 0 / § \ 4 ■ � & \ ( § \ ; @ \ � f ® g i � � z z , � k ) > 26 0. w @ \ o o e q J k $ ® f - 2 / E \ / e / = o / , z / / / © / 0 S @ / > � > m d § 3 c to { a q � % RFQ F-09-17 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-17 AUTOMATED CARTS FOR RESIDENTIAL REFUSE COLLECTION SERVICES NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The City of San Bernardino, Public Services Department, Integrated Waste Management Division services approximately 43,500 residential customers through an automated collection system. The City has over 100,000 automated refuse carts that require service on a weekly basis. The intent of this document is to solicit proposals from qualified vendors with experience in providing automated carts. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with automated carts at a per unit cost. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for automated carts. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Whenever the terms "Standard Specifications" is used, it shall mean the "Standard Specifications for Public Works Construction, latest edition." In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY ACCEPTABLEIAS SPECIFIED 1. AUTOMATED CARTS ACCEPTABLE - REHRIG PACIFIC COMPANY HAS BEEN SUPPLYING The City of San Bernardino Public Services CARTS TO THE CITY OF SAN Department, Integrated Waste Management BERNARDINO SINCE 2003, Division purchases approximately 4,600 95-gallon automated carts for residential refuse collection services each year. The automated carts that are needed must RFQ F-09-17 be designed for household waste, green waste and recyclable material. The containers and plastic container components shall be made from an injection-molded process. The containers must be manufactured from high-density polyethylene (HDPE). The automated carts will be shipped to the City of San Bernardino. The price per unit should reflect any fuel or environmental surcharges. The VENDOR must be able to supply the following colors: • Black • Blue • Green 2. WALL THICKNESS ACCEPTABLE THE PIINIMUM The containers shall have a nominal wall WALL THICKNESS FOR OUR thickness of .170 inches throughout the body 95-GALLON ROLL OUT CART IS 0.175 INCHES AND UP TO 0.185 of the container. The container shall have a INCHES IN THE CRITICAL WEAR minimum wall thickness of .175 inches in the POINTS. critical wear points (i.e. cart bottom, handle and lift mechanism). Wall thickness must be maintained on every container throughout the life of the container within a 5 percent tolerance. A $25.00 penalty will be assessed to the vendor for every container that does not meet this specification. 3. INTERIOR CONSTRUCTION ACCEPTABLE The interior surface shall be smooth and free from crevices, recesses, projections and other obstructions where refuse could become trapped. 4. DIMENSIONS ACCEPTABLE HEIGHT (INCLUDING LID) The exterior dimensions of the completely 45.13 INCHES assembled container shall be as follows: WIDTH 23.70 INCHES 95-gallon container RFQ F-09-17 Height maximum: 46 inches DEPTH - 33.73 INCHES Width maximum: 29 inches Depth maximum: 34 inches 5. RESIN WEIGHT ACCEPTABLE THE RESIN WEIGHT OF THE The minimum unassembled resin weight for 95-GALLON CONTAINER IS 34.10 a 95-gallon container is 34.00 lbs. POUNDS, 41 POUNDS ASSEMBLED. Manufacturer must state resin weight of containers and may be subject to liquidated �� f� damages if minimum resin weight is not 4:TZ � A maintained during the term of the contract. 6. CAPACITY ACCEPTABLE THE CAPACITY OF THE One (1) size cart is included in this bid 95-GALLON CART IS 97.57 specification with a ninety-five (95) gallon GALLONS. capacity. If size differs from the size stated, the vendor must specify the exact size being bid, otherwise the City assumes the sizes are as stated in this requirement. Volumes shall be certified in accordance with ANSI 2245.30-1994, Section 6.2.4.2.1., volumetric loading capacity. Ninety-five (95-gallon cart) - a 95-gallon capacity cart is defined as a vessel that will hold ninety-five gallons measured U.S. liquid gallons of fluid. The vendor may bid sizes plus or minus five (5) percent of the specified sizes. 7. ABRASION PROTECTION ACCEPTABLE CARTS INCLUDE A DOUBLE DRAG The containers shall be designed with a drag RAIL AND ADDED WALL THICK- rail on the bottom of the container. The NESS ON THE BOTTOM. container base shall be reinforced in the area that contacts the ground with a molded- in wear strip. B. WHEELS AND AXLE ACCEPTABLE WHEELS ARE 10"x1,75" BLOW The wheels shall be a minimum of 10 inches MOLDED, SNAP ON WITH in diameter. The axle shall be a minimum % INTEGRATED SPACER. inch in diameter with yield strength of 54,000 psi and a tensile strength of 64,000 psi. The RFQ F-09-17 axle must be supported in four areas across AXLES ARE 3/4" x 23.3" the entire length of the axle allowing the axle HIGH STRENTGE, LOW ALLOY assembly to absorb and distribute the impact STEEL. of the container hitting the pavement over a larger area. The axle must be rust resistant, tempered and rolled solid steel. 9. ULTRAVIOLET INHIBITORS ACCEPTABLE The polymer (resin) used to manufacture the containers must be stabilized to maintain a minimum of 80 percent loss of elongation over 5 years. Test results from the vendor must be provided with the bid package that proves that the polymer meets minimum specifications. 10. LIDS ACCEPTABLE The container lids shall be manufactured in the same manner and from the same material as the container body and shall be of such a configuration that will not warp, bend, slump, or distort to such an extent that it no longer fits the container properly or becomes otherwise unserviceable. Lids shall conform to ANSI Z245.30 — 1994 Section 6.1.3.7. The container shall be stable and self- balancing when in the up-right position, when either loaded or empty, lid open or closed. The container must remain upright when the lid is thrown to open and the container is empty. Lids shall be watertight and promote vector control. The lids should effectively drain water off the lid and away from the container. As a minimum, single piece garbage and recycling lids must be watertight and prevent falling or blowing rain from entering. Preference will be given to lids that are watertight and vector tight and also prevent the emission of odors from the container when the lid is closed. RFQ F-09-17 Lids must have external handles or a design that allows the resident to open the lid without touching the interior of the lid. The lid handle must be a minimum of 20 inches across the top of the lid. Lid attachment method — Preference will be given to lids that are attached to the container without the use of a metal hinge, metal bar, PVC, plastic glued connections or any hidden bar. 11.HANDLES ACCEPTABLE HANDLE ATTACHMENTS ARE Handle attachments must be an integrally INTEGRALLY MOLDED PARTS OF I molded part of the container body. Bolt on THE BODY WITH A GRIPPING handle mounts are unacceptable. Metal or AREA OF 16 INCHES. exposed PVC pipe used as a handle is unacceptable. Handles will provide comfortable gripping area for pulling or pushing the container. Pinch points are unacceptable. Handles shall conform to ANSI Z245.30 — 1994, Section 6.1.4.2 regarding handles. 12.EASE OF ASSEMBLY AND ACCEPTABLE DISASSEMBLY CARTS ARE SHIPPED 1,1ITH THE LIDS ALREADY ATTACHED. The vendor shall supply a cart assembly THREE PART SNAP ON WHEEL instruction sheet with their response. The AND AXLE SYSTEM TAKES instruction sheet should include a list of APPROXIMATELY TEN SECONDS container parts, a list of tools needed for TO ASSEMBLE, assembly and a step by step description of how to assemble the container. Preference will be given to carts that require the fewest number of people to assemble, that have the fewest number of assembly steps and have the least dependence on specialized tools for assembly/disassembly or repair. 13.CONTAINER LOAD CAPACITY ACCEPTABLE ANSI LOAD RATING - 332.5 Containers are to be rated for and designed POUNDS. to contain a minimum of 250 pounds for a RFQ F-09-17 95-gallon container without distortion, damage, or reduction in maneuverability or any other function herein. The vendor must provide certification that their containers meet these requirements. 14. PRODUCT RECYCLABILITY ACCEPTABLE All plastic components will be recyclable into CONTAINER, WHEELS AND other polyethylene products. Bidders shall AXLES ARE 100% RECYCLABLE. provide a statement of recyclability of the proposed containers and component parts. The vendor will be required to remove the warrantable and old containers from the City's facility and pay the City current market value of the commodity less transportation costs incurred. Documentation must be provided to the City for all transportation and commodity resale fees upon request. 15. IDENTIFICATION MARKINGS ACCEPTABLE CONTAINERS CARRY A 10-YEAR The containers may include its company NON-PRORATED WARRANTY FROM name, trademarks, etc. on each container. DATE OF MANUFACTURE. Such markings may be molded or hot stamped onto the container body in an inconspicuous place and manner and shall not be enhanced with contrasting colors. The following specific marking area required by the City of all containers. Specific marking on the container shall be as follows: City of San Bernardino Logo (City will provide logo) Logo shall be hot stamped onto the front section of the container. Warranty A copy of the actual warranty must accompany all bids. The City will require a minimum 100 percent unconditional ten-(10) year warranty on materials and workmanship for each container and all replacement parts. All containers shall be warranted against defects including, but not limited to the following: cracking, chipping, peeling and distortion. Failures at attachment points for RFQ F-09-17 lids, hinges, wheels, or other points of attachment. Weathering degradation, defective or insufficient material. Failure of any part of the container from repeated movement, or contact with abrasive surfaces, as is normal for the intended purpose. Failure of any plastic component in contact with common household substances other than those excluded by the bidder. Poor material workmanship on part of the manufacturer. Lowered ultraviolet resistance to aging in the process of normal operation use. Failure of lid to continuously overlap or otherwise maintain an interface with the container body when closed. Defective containers, which are repaired or replaced under the warranty provision shall be repaired or replaced as complete containers (i.e., with lids provided). However, if only lids should fail, then only lids need to be replaced. If the cart breaks, the entire cart including the lid, wheels, etc. must be warranted. When a cart is warranted the month and year must be stamped on the cart. The warranty for this cart starts from the date stamped on the cart for an additional ten-(10) years. 16. PRICING PER UNIT COST ACCEPTABLE REHRIG PACIFIC COMPANY Provide a pricing proposal that is a fixed fee SUGGESTS USING INTER- per automated cart. NATIONALLY RECOGNIZED RESIN INDEX. Contract prices shall be adjusted based on the change in the cost of resin per pound only. No other price adjustments will be allowed to account for the increases in manufacturer's cost. The resin cost per pound will be evaluated by an independent index submitted by the manufacturer. Pricing will adjust up or down if resin prices increase or decrease in excess of five (5) percent during any given 30-day period. Price adjustments will be allowed only on the cost of resin relative to the weight of the RFQ F-09-17 container. Bidder is to state the weight of the resin in the body and lid only of each size container. 17. EXPERIENCE ACCEPTABLE SEE REFERENCE LIST The bidder must have at least (10) ten years of experience in the USA of continuous production/manufacturing of injection molded containers for use in automated and semi- automated collection systems. Cart "Model" being proposed must be in service for at least 3 (three) years. STATE YEARS OF EXPERIENCE: REFERENCES: Bidder must submit with its bid a reference list of municipalities currently using the bidder's products. The list must include at least ten (10) municipalities who currently have at least 60,000 carts in service. Include the name of the municipality, year of installation, contact person, phone number, and quantity for each reference. Failure to include these references will result in bid disqualification. 18. CONTRACT LENGTH ACCEPTABLE The length of this contract shall be for one (1) year with three (3) one-year extensions at the City's option. 19. LICENSES ACCEPTABLE The vendor represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide automated carts, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. RFQ F-09-17 PRICE FORM REQUEST FOR QUOTES: RFQ F-09-17 DESCRIPTION OF RFQ: Automated Refuse Carts COMPANY NAME REHRIG PACIFIC COMPANY ADDRESS: 4010 EAST 26TH STREET LOS ANGELES, CA 90058 PRINT NAME OF AUTHORIZED REPRESENTATIVE BRAD GUST, SALES REPRESENTATIVE Provide pricing that is a fixed fee per automated cart. This must include any fuel, environmental or other surcharges (See item 16 of Technical Specification.) UNIT FEE yPer Cart $44.22 (INCLUDES 9% SALES TAX AND FREIGHT) ANNUAL PURCHASE ORDER Effective on or about August 1, 2009 through June 30, 2010 plus three (3) single-year renewal options, fat the City's discretion for City's requirements, Option year one if exercised, shall be effective July 1, 2010 through June 23, 2011. Option year two if exercised, shall be effective July 1, 2011 through June 23, 2012. Option year three if exercised, shall be effective July 1, 2012 through June 23, 2013. Actual option year pricing shall be negotiated with the successful .Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City t of a duly authorized Purchase Order.