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Resolution No. 95531 2 3 4 672 M 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF OSTROM CHEVROLET ON BID NO. 1452 FOR THE PURCHASE OF A 2008 CHEVROLET SILVERADO HD 2500 TRUCK FOR THE LIGHT & POWER DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF A VEHICLE PURCHASE CONTRACT AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Light & Power Department has requested the 1purchase of anew truck; and WHEREAS, pursuant to Resolution No. 9504 adopted by the City Council of the City of Vernon on December 17, 2007, the City Clerk was directed to give notice inviting sealed proposals or bids for the purchase of a 2008 Chevrolet Silverado HD 2500 truck ("Silverado") in accordance with a bid specification provided by the Light & Power Department; and WHEREAS, based upon the bid specification, the Purchasing Department prepared Bid No. 1452 dated January 14, 2008, and proceeded to solicit bids for the purchase of the Silverado; and WHEREAS, sealed bids for Bid No. 1452 were opened on January 29, 2008, and reviewed by the Light & Power Department; and WHEREAS, the Purchasing Agent has recommended that Bid No. 1452 be awarded to Ostrom Chevrolet ("Ostrom"), the lowest responsible bidder meeting the requirements of Bid No. 1452. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. l SECTION 2: The City Council of the City of Vernon hereby 2 awards Bid No. 1452 to Ostrom and accepts and approves the Vehicle 3 Purchase Contract, a copy of which is attached hereto as Exhibit A and 4 incorporated herein by reference. r 5 SECTION 3: The City Council of the City of Vernon hereby 6 authorizes the Mayor or Mayor Pro-Tem to execute said Contract for, 7 and on behalf of, the City of Vernon and the City Clerk is hereby 8 authorized to attest thereto and authorizes the issuance of a purchase 9 order for the purchase of the Silverado pursuant to Bid No. 1452. 10 SECTION 4: The City Council of the City of Vernon hereby 11 directs the City Clerk, or her designee, to send one fully executed 12 Contract to: 13 Ostrom Chevrolet Attn. Jay McCartney 14 310 W. Whittier Blvd. Montebello, CA 90640 15 SECTION 5: All other bids in connection with Bid No. 1452 16 are rejected, subject to execution of the aforesaid contract document 17 from Ostrom accompanied by all required certificates. 18 SECTION 6: The City Clerk of the City of Vernon shall 19 certify to the passage of this resolution, and thereupon and 20 thereafter the same shall be in full force and effect. 21 APPROVED AND ADOPTED this 19th day of February, 2008. 22 23 24 25 Name: Leonis C. Malburg 26 Title: Mayor A EST: 27 28 MANUELA GIRON, (,ity Clerk 2 - 1 2 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9553, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 19, 2008, sand thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) 4� NUELA GIRON, C ty Clerk - 3 - EXHIBIT A 1 2 3 4 5 6 7 VEHICLE PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 19th day of February, 2008, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 OSTROM CHEVROLET, (hereinafter referred to as "Ostrom") 310 W. Whittier Boulevard Montebello, CA 90640 WHEREAS, the City's Light & Power Department has determined that it needs a new truck; and WHEREAS, City staff have determined that a 2008 Chevrolet Silverado HD 2500 Truck (the "Vehicle') would meet the needs and requirements of the Light & Power Department; and WHEREAS, on January 14, 2008, the City issued Bid No. 1452 which sets forth specifications for the new Vehicle required by the City; and WHEREAS, on January 26, 2008, Ostrom responded to Bid No. 1452; and WHEREAS, the City has accepted Ostrom's bid and desires to purchase the new Vehicle from Ostrom. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. Ostrom agrees to sell to the City one 1 2 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 new 2008 Chevrolet HD 2500 Truck vehicle that meets the specifications contained in City of Vernon Bid No. 1452 dated January 14, 2008, and that is consistent with Ostrom's Bid of January 26, 2008 (collectively referred to as the "Bid Documents"). A copy of the Bid Documents are attached hereto as Exhibit A and incorporated herein by reference. 2. Price. Consistent with its Bid, Ostrom agrees to sell and deliver directly to the City Garage within 45 to 60 days, subject to final inspection by the City, one new Vehicle for the sum of Thirty -One Thousand Nine Hundred Ninety -Nine Dollars and Sixty -Five Cents ($31,999.65), plus sales tax, document fees and tire fees and less any applicable discounts. 3. Payment Terms. The City agrees to pay Ostrom for the Vehicle a total of Thirty -One Thousand Nine Hundred Ninety -Nine Dollars and Sixty -Five Cents ($31,999.65), plus sales tax, document fees and tire fees and less any applicable discounts. Payment will be made within thirty (30) days net of receipt of the Vehicle. 4. Warranties. All manufacturers' warranties, the warranties specified on the Bid Documents and any other warranties made applicable by law, shall apply to the City's purchase of the above -referenced Vehicle. 5. General Provisions. A. Governing Law. The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and shall also govern the interpretation of this Contract. B. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: - 2 - City: THE CITY OF VERNON 1 ATTN: DOLORES JAUNZEMIS PURCHASING ASSISTANT 2 4305 SANTA FE AVENUE 3 VERNON, CA 90058-0805 4 Ostrom: OSTROM CHEVROLET ATTN: JAY MCCARTNEY 5 310 W. WHITTIER BOULEVARD MONTEBELLO, CA 90640 6 7 6. Entire Agreement. This Contract is the entire 8 agreement of the parties. Ostrom represents that in entering into 9 this Contract, it has not relied on any previous representations or 10 understandings of any kind or nature. 11 7• Benefit of Agreement. This Contract shall bind and 12 benefit the parties hereto, their heirs, successors, and permitted 13 assigns. 14 8. Forum. Any dispute related to this Contract shall be 15 adjudicated in a state court serving the County of Los Angeles, 16 California. 17 9. Arbitration. The parties agree that any and all 18 disputes arising out of or in relation to this Contract, including 19 without limitation any action in tort, shall be resolved exclusively, 20 finally and conclusively by arbitration in Los Angeles County, 21 California under the auspices of and pursuant to the rules of the 22 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party 23 will select an arbitrator. Those two arbitrators will then select a 24 third. The three -member panel will make the final decision. All 25 decisions of the arbitrators shall be in writing, and the arbitrators 26 shall provide written reasons -for their decision. The arbitration 27 decision shall be final and binding on the parties. Notwithstanding 28 the foregoing, the parties shall be permitted to access the court - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2.0 21 22 23 24 25 26 27 28 system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. Any and all contracts between Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney I'm CITY OF VERNON Mayor / Mayor Pro-Tem By: Title. By: Title. OSTROM CHEVROLET - 4 - IWOva, II:11MMA REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: CITY PURCHASING AGENT TELEPHONE (323) 583-8811 TO: OSTROM CHEVROLET CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vernon, California 90058 310 W. WHITTIER BOULEVARD MONTEBELLO,.CA 90640 ATTN: JAY MCCARTNEY FOR CITY USE ONLY QUOTATION NO. 1452 DATE MAILED 0-1 14 0q8 REC'D BY CITY W 7 n • 3 i OPENE BY Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QUANTITY DESCRIPTION NETUNITPRICE TOTAL 1 2008 CHEVROLET SILVERADO HD 2500'�TRUCK 3' AS PER ATTACHED SPECIFICATIONS. 3J��T9GI el S'_ 0 ° 0:0 8 `f5 2313 I PLEASE CONTACT CARLOS FANDINO IF YOU HAVE ANY'QUESTIONS REGARDING THE SPECIFICATIONS @ (323) 583-8811 EXT 642. 3 4 , 0 3 , 6 3 i i 0 00 I, 199 . 1 8 ! 1 ------------PLEASE NOTE ---------- Bid number must be indicated on the outside of the envelope; otherwise, bid will not be accepted. IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL, ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTCONSIDERED WHEN ORDER IS All DS / QUOTED FOR F LESS ' THAN 30 DAYS WILL NOT RECEIVED IN RES PERIODS OTO THISAREOQFUE T FOR &DOTA ONEWILLL BE OP,E�NE8g4 CITY 2 R�geSIIN'G�AGENT'S II I II i s� OFFICE�y'l lJ (JUU NOTE: Quote prices exclusive of Sales Tax and Excise Taxes., A. Indicate Sales Tax in this space $ ...................................... ...!..................... B. Indicate Excise Tax in this space $..................................................... B. Above quotations subject to Cash Discount of .................................................%, F.O.B................................................................................................. C. To be delivered to CITY OF VERNON at......................................................................................................................................................................... We (1) agree to furnish above In .........................................days from receipt of purchase order at prices specified. FOR .......................... C•7.Ca.T!-.6i_^%......... �' \ ......................................... Firm II B a DATE..........J.....�.^................... SIGN HERE ........................ ............. ................................................... MAIL TO PURCHASING DE ,ya, City of Vernon Utilities Department Utility Truck Specifications Bid No.1452 Please provide bid prices for the following utility truck and accessories. All prices shall include installation and any required additional appurtenances. Please indicate line item prices in spaces provided. The grand total price should be a total of all costs including the truck chassis cab, utility body, additional equipment and tax.. Truck Chassis Cab Make/Model: Make: Chevrolet (No Substitutes) Model Year: 2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed (6 1/2 ft) 4x4 Chassis Cab Weights/Dimensions: Max GVWR: 9,2001bs. Max Payload: 3,353 lbs. Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: Engine: 6$t V8 Diesel G : (� 'DI < SJ Transmission: Automatic Axle Ratio: 44-9--> .'73 Battery: 600 sae rating -1- Alternator: Heavy -Duty 125 amp Chassis Cab Exterior Features: Trim: 1LT Color: Summit White Wheels: Standard Tires: Standard Mirrors: Black Spare Tire and Wheel Chassis Cab Interior Features: Trim: 1 LT Color: Light Titanium Door Trim: Molded, Color -keyed, Hard Armrest Floor Trim: Full Black Vinyl Mat Gauges: Tachometer, Voltmeter, Coolant Temperature, Oil Pressure, Fuel Seating: Heavy -Duty Knitted Vinyl Trim Full Bench Seat (Or Equivalent) Audio: AM/FM Stereo - 3� Power Windows Air Conditioning Power Windows/Locks 40/20/40 Front Seat Operating Manuals Including Emissions Manual Price: Tax • 9_ Additional Items: (Tax Included) Trailer Hitch Class 4 with 6 way wiring Chassis Cab Total Price: 3 L/ ( v o � 7 -2- Price: / 9 1 i � Submitted by: ` - ry CA O -Z"rY-O ►'v-�, Q,)I v"j I Address: 210 Signature: Contract: The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. Note: All bids must be received in a sealed envelope and returned to the City of Vernon Finance Department no later than 2:00 p.m. 1/29/2008. The bid No. 1452 must also be clearly indicated on the sealed envelope. =3- OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 February 19, 2008 VIA U.S. MAIL Jay McCartney, Fleet Manager Ostrom Chevrolet 310 W. Whittier Blvd. Montebello, CA 90640 Re: Vehicle Purchase Contract Dear Jay: Enclosed please find two duplicate originals of the aforementioned Contract, which need to be signed by the appropriate parties and returned to the City, to the attention of Judy Lehr, Legal Department, as soon as possible. Once the originals are executed by the City, one fully executed original will be returned to you for your files. Please refer to the enclosed "City of Vernon Signature Requirements for a Corporation for All City Agreements and Contracts" and comply with the requirements set forth therein. Sincerel , J A. arrison C y Attorney JH:em Enclosures cc: Ms. Nelly Giron, City Clerk (w/o encls.) E.Kcfusivefy Industrial APPROVED FEB 19 '08 CITY COUNCIL GITY CLERK OISTRIEt11 Memo To: Martha Valenzuela, Purchasing Agent From: Dolores Jaunzemis, Purchasing Assistant Date: February 7, 2008 Re: Bid # 1452 — 2008 Chevrolet Silverado ECFIVED C1TY cow OfKE rcc , I5-q As per City Council Resolution #9504, the Purchasing Department sought formal bids for the purchase of (1) 2008 Chevrolet Silverado HD 2500 Truck for the Light & Power Department. On January 14, 2008 five bids were sent out. Bids were received and opened on January 29, 2008. Below are the results: VENDORS Ostrom Chevrolet Sopp Chevrolet Camino Real Chevrolet Wondries Chevrolet Casa De Gonzales Chevrolet BID QUOTE + OPTION $34,639.63 + $199.18 $35,135.79 + $300.00 $38,131.01 (No option listed) No Bid No Bid Bids have been reviewed by the Light & Power Department and recommendation is made to award the bid to Ostrom Chevrolet. The Purchasing section requests Bid #1452 be accepted and authorization be granted to issue a purchase order to the lowest bidder Ostrom Chevrolet in the amount of $34,838.81 (option, sales tax and tire fees included). 0 Page 1 City of Vernon Utilities Department Utility Truck Specifications Bid No. 1452 Please provide bid prices for the following utility truck and accessories. All prices shall include installation and any required additional appurtenances. Please indicate line item prices in spaces provided. The grand total price should be a total of all costs including the truck chassis cab, utilitybody, additional equipment and tax. Truck Chassis Cab Make/Model: Make: Chevrolet (No Substitutes) Model Year: 2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed (6 1/2 ft) 4x4 Chassis Cab Weights/Dimensions- Max GVWR: 9,200 lbs. Max Payload: 3,353 lbs. Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: Engine: 6—rtt V8 Diesel G <S•e Transmission: Automatic Axle Ratio: 444— 11.773 Battery: 600 sae rating -1- Alternator: Heavy -Duty 125 amp Chassis Cab Exterior Features: Trim: 1 LT Color: Summit White Wheels: Standard Tires: Standard Mirrors: Black Spare Tire and Wheel, Chassis Cab Interior Features: Trim: l LT: Color: Light Titanium Door Trim: Molded, Color -keyed, Hard Armrest Floor Trim: Full Black Vinyl. Mat Gauges: Tachometer, Voltmeter, Coolant Temperature, Oil Pressure, Fuel Seating: Heavy -Duty Knitted Vinyl Trim Full Bench Seat (Or Equivalent) Audio: AM/FM Stereo Power Windows Air Conditioning Power Windows/Locks 40/20/40 Front Seat Operating Manuals Including Emissions Manual Price: 9 Tax Chassis Cab Total Price: L/ .( 1/ Additional Items: (Tax Included) Trailer Hitch Class 4 with 6 way wiring Price -2- Submitted by: J`CA 0 3 `i f' 0 W', ZJ 1 9,%.�J Address: (.9 - C:._i Signature: L C Contract: The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. Note: All bids must be received in a sealed envelope and returned to the City of Vernon Finance Department rio later than 2:00 p.m. 1/29/2008. The bid No. 1452 must also be clearly indicated on the sealed envelope. -3- City of Vernon Utilities'Department Utility Truck Specifications Did No.1452 Please provide bid prices for the following utility truck and accessories. All prices shall include installation and any required additional appurtenances. Please indicate line item prices in spaces provided. The grand total price should be a total of all costs including the truck chassis cab, utility body, additional equipment and tax. 6d art. Truck Chassis Cab Make/Model: Make Chevrolet (No Substitutes) Model Year:'2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed (6 1/2 ft) 4x4 Chassis Cab Weights/Dimensions- Max GVWR 9,200 lbs. Max Payload: 3,353 lbs. C P Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: ., Kesel qEngine 6.OL V8 Diesel Transmission: Automatic Axle Ratio: 4.10 �r P Battery: 600 sae rating -1_ 1 'VEHICLE PURCHASE CONTRACT 2- 3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 4. which may be considered and used .as the original hereof for all purposes, as of this ® day of 5 , 20� in the City of Vernon, County of Los Angeles, California 6 BY AND- BETWEEN THE CITY OF VERNON (hereinafter 7 referred to as the "City") 4305 Santa Fe Avenue 8 Vernon, CA 90058 9 'AND CONTRACTOR. (hereinafter referred to as " ") 10 • 11 12 WHEREAS, the City is in need of a Vehicle for its 13 Department; and 1.4 WHEREAS, on , 20� the City issued Bid No. which sets forth 15 specifications for the vehicle required by the City; and 16 WHEREAS, on , 20 , CONTRACTOR responded to Bid No. ; and 17 WHEREAS, the City has accepted. the bid of CONTRACTOR which is attached hereto as 18 Exhibit "A" and incorporated herein by -reference and desires .to purchase the from 19 CONTRACTOR. 20 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 2.1 FORTH HEREIN: '22 1. Purchase. CONTRACTOR agrees to sell to the City a 23 Vehicle, which meets the specifications contained in City of Vernon Bid No. , dated 24 20., and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid 25 Documents"), which is attached hereto as Exhibit "A." 26 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, 27 subject to final inspection by the City, Vehicle for the total sum of 28 Dollars and Cents ($ ), including tax I and final inspection.. ' 2 3, Payment Terms. The City agrees to pay CONTRACTOR a total of 3 Dollars and Cents ($ ), including tax, for the 4 purchase of the vehicle. (further terms). 5 4. Warranties. CONTRACTOR shall provide, at a minimum, a three (3) year. 6 factory bumper -to -bumper warranty covering parts and labor to begin upon acceptance of the 7 by the City. All manufacturers' warranties, and any other warranties made applicable g by law, shall apply to the City's purchase of the above -referenced Vehicle. 9 5. General Provisions. 10 A. Governing Law. The laws of the State of California shall govern the 11 rights, obligations, duties and liability of the parties to this Contract and shall also govern the 12 interpretation of this Contract. 13 B. Notices. Notices to the parties, unless otherwise requested in writing, 14 shall be sent to: 15 City: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS, PURCHASING 16- 4305 SANTA FE AVENUE VERNON, CA 90058-0805 17 18 CONTRACTOR: ATTN: 19 20 6. Entire Agreement. This Contract is the.entire agreement. of the parties, 21 CONTRACTOR represents that in entering into this Contract, it has not relied on any previous 22 representations or understandings of any kind or nature. 23 7. Benefit of Agleement. This Contract shall bind and benefit the parties hereto 24 and their heirs, successors, and peMitted assigns. 25 8. Fo rum. Any dispute related to this Contract shall be adjudicated in a state 26 court serving the County of Los Angeles, California. 27 9. Arbitration. The parties agree that any and all disputes arising out of or in 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California urider the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will select anarbitrator. Those two arbitrators will then select a: third. The three -member panel will make the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall -be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. Any and all contracts betvieen Contractor and any subcontractor relating to this -Agreement shall include the same arbitration clause. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON., City Attorney -3- By: Title: By: Title: CITY OF VERNON LEONIS C. MALBURG, Mayor CONTRACTOR