HomeMy WebLinkAbout27-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer
Dept: Public Services
Date: August 8, 2007
Synopsis of Previous Council Action:
Reso 2006-440 December 18, 2006
Recommended Motion:
Adopt Resolution
Contact person: Don Johnson, Fleet Manager
Supporting data attached: Staff Report,
Resolution, Agreement, Quote, Specifications.
FUNDING REQUIREMENTS:
Council Notes:
Subject: A Resolution authorizing the
execution of an agreement and
issuance of a purchase order to Crest
Chevrolet of San Bernardino pursuant to
section 3.04.010-B3 of the Municipal
Code, for one (1) 2007 Schwarze A8000
Air Sweeper powered by Compressed
Natural Gas to be utilized by the Public
Services Department Street Division.
Meeting Date: September 17, 2007
Approved purchase of three Street
Sweepers from Crest Chevrolet
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Phone:
5220
Ward:
All
Amount:
$248,300.98
Plus lease costs to
be paid over 7
years.
Source:
527 -414-5803
Lease payments
Finance:
'I J 17/D7
Agenda Item No. ~
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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
to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal
Code, for one (1) 2007 Schwarze A8000 Air Sweeper powered by Compressed Natural
Gas to be utilized by the Public Services Department Street Division.
BACKGROUND:
The Street Division has a total of six sweepers to complete their assigned work. One of
these is unit #476 a 2000-year model Athey/Mobil M-9 Street Sweeper with 70,678 curb
miles. This unit has far surpassed its useful life and has become unreliable and an
economic burden to operate. Many repair parts are no longer available. Therefore, this
unit will be placed in surplus for auction and needs to be replaced.
During the FY 06/07 budget preparation, Fleet staff developed a multi-year long term
replacement schedule for the Refuse and Street Divisions that was approved as part of the
FY 06/07 Refuse and Street Division Budgets. On December 18, 2006 Council approved
the purchase of three street sweepers from Crest Chevrolet as the first phase. The
replacement of this aging unit is the second phase of that schedule.
Staff had several different sweepers demonstrated on the City's sweeping routes, and it
was determined that the Schwarze A8000 was the best air sweeper for the City. Kelly
Equipment of Upland is the regional dealer for Schwarze sweepers and has offered the City
of San Bernardino the same purchase price of the A8000 purchased during FY 06/07.
Due to the specialized nature of this equipment there are no local vendors able to supply
the Sweeper. However, through a negotiated purchase pursuant to section 3.04.010-B3 of
the Municipal Code "purchases approved by the Mayor and Common Council", Fleet staff
has negotiated with Crest Chevrolet of San Bernardino to be the primary vendor for this
purchase. The vehicle and subsequent build up will be purchased through Crest Chevrolet
for a total amount of $248,300.98 including tax, plus lease costs. Crest will use sub-
contractor, Kelly Equipment of Upland, Ca. to supply the Schwarze A8000 air sweeper.
This new Sweeper will be powered by CNG (Compressed natural gas), as required by
South Coast Air Quality Management District (SCAQMD) rule 1186.1. Attached for your
review is the quote from Crest Chevrolet and Kelly Equipment. (See exhibits 1 & 2).
FINANCIAL IMPACT:
Funds for the lease payments for this sweeper are budgeted in account 527-414-5803,
starting in the FY 07/08 Refuse Division budget. Semi - annual lease payments are
estimated at $21,100.00. The total length of the lease payments is expected to be seven
years.
RECOMMENDATION:
Adopt resolution
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO CREST CHEVROLET OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR ONE (1) 2007 SCHWARZE ABOOO AIR SWEEPER POWERED BY
COMPRESSED NATURAL GAS TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT STREET DIVISION; AND AUTHORIZING THE FINANCE DIRECTOR
OR HER DESIGNEE TO SOLICIT LEASE.PURCHASE RATE QUOTES AND
AWARD A LEASE.PURCHASE TO THE LOWEST RESPONSIBLE LEASING
COMPANY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That 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 Crest Chevrolet, 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. That this purchase is exempt from the formal contract procedures
of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010-B3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Crest Chevrolet has offered a negotiated purchase price of
$245,395.78 including tax pursuant to Section 3.04.010-B3 of the Municipal Code for
one (1) Year 2007 Schwarze A8000 Air Sweeper powered by Compressed Natural
Gas (CNG). Pursuant to this determination the Director of Finance or her designee is
hereby authorized to issue a Purchase order to Crest Chevrolet of San Bernardino, in
the amount of $248,300.98, which will facilitate the procurement of the vehicle; and
authorize the Finance Director or her designee to solicit lease-purchase rate quotes
and to award a lease-purchase to the lowest responsible leasing company.
August 28.2007
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO CREST CHEVROLET OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR ONE (1) 2007 SCHWARZE A8000 AIR SWEEPER POWERED BY
COMPRESSED NATURAL GAS TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT STREET DIVISION; AND AUTHORIZING THE FINANCE DIRECTOR
OR HER DESIGNEE TO SOLICIT LEASE-PURCHASE RATE QUOTES AND
AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING
COMPANY.
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SECTION 4. That the Purchase Order shall reference this Resolution No.
and shall read, "One 2007 CNG powered Schwarze A8000 Air
not to exceed $248,300.98 and shall incorporate the
Sweeper." P.O. No.
9 terms and conditions of the Contract.
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SECTION 6. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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III
August 31,2007
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO CREST CHEVROLET OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR ONE (1) 2007 SCHWARZE ABOOO AIR SWEEPER POWERED BY
COMPRESSED NATURAL GAS TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT STREET DIVISION; AND AUTHORIZING THE FINANCE DIRECTOR
OR HER DESIGNEE TO SOLICIT LEASE-PURCHASE RATE QUOTES AND
AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING
COMPANY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the
day of
, 2007. by the
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following vote, to wit:
Council Members:
AYES
NAYS
ABST AI N
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
August 14, 2007
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of September
2007. by and between Crest Chevrolet ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of one (1) 2007 Schwarze
A8000 (CNG) powered Air Sweeper; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
Yendors for the purchase of one (I) 2007 Schwarze A8000 (CNG) powered Air Sweeper.
NOW, THEREFORE. the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated. San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above. the CITY. upon presentation of an invoice, shall
pay Ihe VENDOR up 10 the amount of S248.300.98 for one (1) 2007 Schwarze
A8000 (CNG) powered Air Sweeper.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year. This Agreement may be
tenninated at any time by thirty (30) days written notice by either party. The terms of this
Agreement shall remain in force unless mutually amended. The duration of this Agreement
may be extended with the written consent of both parties.
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY. its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action. loss. or damage which results from their respective obligations under the
Agreement. the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing. during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public. general and automobile
liability insurance, in the amount of SI.OOO.OOO.OO combined single limit, and statutory
worker's compensation coverage. and shall file copies of said policies with the CITY's Risk
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 furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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6. NON-DISCRIMINATION.
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 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 California Government Code.
7. INDEPENDENT CONTRACTOR.
VE]\;'DOR shall perform 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. at its expense. and be responsible for any and all payment of
Income Tax. Social Security. State Disability Insurance Compensation. Unemployment
Compensation. and other payroll deductions for VENDOR and its officers, agents, and
employees. and all business license. if any are required. in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain. and maintain a business registration
certificate pursuant to 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:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Crest Chevrolet, Attn. Dan Zank
909 West 21st Street
San Bernardino, CA 92402-0501
Telephone: (909) 883-8833
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. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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 attempted assignment. transfer. subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless ofCITY's consent. no 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.
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
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Bernardino. State of California or the U.S. District Court for the Central District of California.
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive 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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I1\ WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERL'\lARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
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:.......... .........:
~!!~ST
909 W. 21st St. . PO. Box 501
San Bernardino. CA 92402
crestchvy@earthlink.net
Phone (909) 883-BB33
FAX (909) 883-7968
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DATE
AUGUST 27, 2007
DON JOHNSON
CITY OF SAN BERNARDINO
l82 S. Sierra wey
SAN BERNARDINO
INVOICE NO.
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TERMS - NET CASH
QUANTITY
DESCRIPTION
3ASE PRiCZ OF SW~~PER
:;:NSl'ALU;) AIR S~IEEER I..v~E S'fSTE.W\,
SUBl'OTAL
SALE TAX
F?~EIGHT
CALLFO~NZA S7A:~ .~IRE FEZ
C?.ES:" CfiA!<..G:2 FO?~ DMV ?A?Z:.~.\qO~~~K
$222,341. 00
2.690.00
2~<'O~< ~O
L..J, ..........v
18,002.48
5,000.00
17.50
250.00
':'C':'AL
$248,300.'>8
~
June 1, 2007
RcCE!~itD
'. :r. , ~ 20n~
J" IJ r
Randy Kuttle
Don Johnson
City of San Bernardino
1B2 S. Sierra Way
San Bernardino, CA 9241B
':; rr:T nU'\f~IO~'
. ........_ L . ; V .....~ ,\
Subject:
Schwarze A-BOOO Add-On
Gentlemen:
Per my conversation with Randy Kuettle, it is my understating The City of San Bernardino would
like to purchase an additional high dump regenerative air street sweeper for the 2007 and 200B
budget year. In January of 2007, The City of San Bernardino purchased a Schwarze A-BOOO
High Dump Regenerative Air CNG Powered Street Sweeper from Kelly Equipment via Crest
Chevrolet.
Kelly Equipment is pleased to offer an identically equipped A-BOOO Regenerative Air CNG
Powered Street Sweeper at the same competitive bid pricing used in the previous purchase from
Kelly Equipment per San Bernardino PO# 300653.
One (1) each Schwarze A-BOOO CNG Regenerative Air Street Sweeper with all standard
equipment and including the following equipment:
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Dual Gutter Brooms
Dual Gutter Broom Extension Override (GEO)
Hopper Deluge System
Water Tank Low Level Indicator
Bar Mounted Barlight Beacon with Guard
Bendix AD-9 Air Dryer
Cloth Air Ride Seats (2)
Dual Gutter Broom Tilt, In Cab
Eight Inch Auxiliary Hand Hose
Load Weight Indicator
Front Mount Spray Bar
12-lnch Parabolic Mirrors
Chassis Hour Meter Gauge
Spare Rim and Tire
One (1) each Sterling SC-BOOO CNG Chassis with all standard equipment.
Cooperative Purchase Price:
Freight FOB San Bernardino, CA
Sub-Total HGAC Price:
Sales Tax:
Total Purchase Price FOB San Bernardino, CA
$222,341.00
$ 5,000.00
$227,341.00
$ 17.231.43
$244 ,572.43
Pricing valid through August 31, 2007. Delivery is 120-1BO days after receipt of order. Terms are
net 30 days with proper credit approval.
We look forward to being of continued service to Crest Chevrolet and The City of San Bernardino.
Respectfully Submitted,
Kelly Equipment
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Tommy Powell
Sales Representative
1884 WOODLAWN STREET. UPLAND, CA 91786-4238 T 909.920.4557 F 909.920.4558
WWW.KELLYEQUIPMENT.COM