HomeMy WebLinkAbout2007-426
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RESOLUTION NO. 2007-426
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 $36,550.00 WITH TWO
(2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SMITHSON ELECTRIC, INC. PURSUANT TO SECTION
3.04.010 B-3 OF THE MUNICIPAL CODE FOR LOOP REPLACEMENT SERVICES,
LABOR, AND MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
STREETS DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Smithson Electric, Inc. submitted the lowest quote for loop
replacement services, labor and materials; and
SECTION 2. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Services Agreement between the City of San Bernardino and
Smithson Electric, Inc., a copy of which is attached hereto, marked Exhibit A and
incorporated herein by reference as fully as though set forth at length; and
SECTION 3. That pursuant to this determination the Purchasing Manager is
hereby authorized to issue the purchase order to Smithson Electric, Inc. for a total
amount of $36,550.00. The purchase order shall reference this Resolution No.
2007 426
and shall read, "Smithson Electric, Inc. for loop replacement services,
labor and materials throughout the City of San Bernardino." P.O No.
, not to
exceed $36,550.00 and shall incorporate the terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order is rescinded if it is not issued within sixty (60) days of the passage of this
resolution.
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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 $36,550.00 WITH TWO
(2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SMITHSON ELECTRIC, INC. PURSUANT TO SECTION
3.04.010 B-3 OF THE MUNICIPAL CODE FOR LOOP REPLACEMENT SERVICES,
LABOR, AND MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
STREETS DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 15th day of October
, 2007, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
a~h.~
Ra~el G:Ciark, City Clerk
The foregoing resolution is hereby approved this /7r;>! day of
October , 2007.
Pat 'ck J. Morns, r
. of San Bernardino
By:
James F. Penman, City Attorney
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5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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8 and in the best interest of the CITY to contract for loop replacement services, labor and
9 materials utilized by the Public Services Department, Streets Division; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
11 vendors for loop replacement services, labor and materials utilized by the Public Services
12 Department, Streets Division.
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NOW, THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
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16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services for loop replacement services, labor and
18 materials.
19 2. COMPENSATION AND EXPENSES.
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25 3.
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27 extensions at the City's option.
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2007-426
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 15th day of October
2007, by and between Smithson Electric, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $215.00 per loop up to the amount of $36,550.00 for loop
replacement services, labor and materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two (2) one-year
2007-426
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. The
duration of this Agreement may be extended with the written consent of both parties.
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17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
18 comparative fault.
19 5. INSURANCE.
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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
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 $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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
2007-426
Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in the policy.
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.
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.
2007-426
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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:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Smithson Electric, Inc.
1938 E. Katella Ave.
Orange, CA 92867
Telephone: (714) 997-9556
Contact: Patrick T. Smithson
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 of CITY's consent, no subletting or assignment shall release VENDOR
2007-426
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
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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,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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.
2007-426
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VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
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Dated: ocr 3) ,2007
VENDOR ./I.-J..I- ,
BY:~~
Its: 'Pre Sid(!/) f
CITY OIiRNARDINO
By:
Fred WIis n, City Manager
City of San Bernardino
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9 Dateda.~ /7 ,2007
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12 Approved as to Form:
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By: M.. 1-~
Jr' Penman, City Attorney
m. 25. 20~7 9:21 AW
2007-426
NO. 156 P.
SMITHSON ELECTRIC. INC.
8PECl,&1 -INTRoYFICIICINAUI
Contr. LloIl141f.
September 25, 2007
City or Sill Bnardino
300 North "D' Street
Sill BenIIrdiAo, CA 92418
ARNT VIA FAX
909.384-5190
Attention: Javier
RB: TraftIc Loop DeteoIrln at,-wicle Maintenance Contraot
SmltlllOll!leatric, IDe. 'wouId Uke to feIIeW our ,..1;""...01 COJItJIct wiIh tbIl
City otSlll. BemIldlno. Due to ri"labor, fiIel Uld IIIlIteriJ1 COItI WlIIIUIt
requelt a price Increue to 1215. ()() per tnftIc loop. We WOIlId also lib to requeat
that tIIlI price be CODIidered fin' a two-yw period with ID option to nIIllW wi1h a
5% IacreuI at the..
We lppI'tOiate the oppol'lUllhy ofworkiDg with your clty.
RIprds,
m~ J-.M~'"
Martja Fuqe, Coa&ractI AdmiDietrIfor
Smith_ B1ecttIc, Inc.
co: File
11311. -"'-..OIIIllII,CAlI2887-1101. 0IIIaI: 7140187-11IIII. FlIIC: 71+117...
Sap 24 07 01 :35p
2007-426
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NEW WEST SIGNAL
14055 Foothill Blvd, Fontana, CA 92335
(909) 356-1735 (909) 356-1789 Fax
LIC.# 720147
II
PROPOSAL
TO: Scott
Sa Berunlillo Tntrll: Dept
PHONE
DATE 09124107
JOB NAMEILOCATION
Mill and Overlay 200712008
We hereby submit specifications and estimates for:
Install 100 Tnffic loops at vuious locations in City ofSen Bemerdino $2201EA
Notes:
1. Pamits andJOI' Iospections fees, ifrequirlld, are not Included.
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We Propose hmbytD IimIish IIllIlaiaI and Iabar - t.n..~ in lICl:Orclance willi the above specifications,
for lite SUm of: Twen1y Two Thousand dollars(S22,OOO.oo )
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I Payment to be made as 38 day procress paymeDCI, mnimum 10% R.eteatioa
AIImBlerillls__Ulbe__ilicd. All _...bc~
in a prof..ionaI Jauutcr 1ICCOI'Cli,. to SIMdIInI pracIiccs. Any aIIeration or
de\riaon hat Ibovc spcciftclliDns ilM)lvin&cxtra costs will be executed
only upoo wrinc. ....., IIllI wiD _.. ""'" cIwJe 0... and......
Ihe esli..-e. AlI..._....... _cat .....Ilri..... _icIeab or ddl)'S
bqundOlll'conJml. OwDor.O<ln)'IiIc,_...._-.y
in._ Oor_rkm IIDfislly_by Warter.s Co_ssIioo
'-'"-
~MlIlIcMonSCII
./
N_ Tlis -' 1'1II)' be_drawn by OS
if not ....... wilbin 30 days.
Accepta_ of Propeslll-The above prices,
specifications MId conditions an: sarisfxtory MId are hereby
accepled. You _lIIIlhorized to do the work as specified.
Payment will be made as outlined above.
Date of Acceptance:
Signature
Signlllure
. ,
-,'(0))
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9/24/2001 2,00 PM FR<JM, Fa. TO,2001~q."229 PAGE' 002 OF 002
GLOBAL ROAD SEALING INC
(Union signatories, DBE and MBE certified CT# -'31178)
6341 K1alllath Dr, Westminster, Ca 92683 LIe #757584 CItus C-32
Ph: (714) 893-0845 Fax: (714) 893-0945
Quotation
Project:
Location:
Bid DateJTime:
LooD instaUation various locations
City of san Bernardino
09-24-07
Item
DeKri
Unit rice Extension
Traftlc Loops
100 -150 loops
S 310.00
PRICESARE GOOD FOR 45 DAYS OFTHE DATE OFTHIS PROPOSAL
Inclusions:
1. sewr:ur loop
2. IIISt1JII c:onducfar
3. .., -.. wtIh hotmeIt fflbbenzed...,.",
4. spIIct loop to uis1lng OLe
5. tnIIric conI1oI for loop 1".,.,1tItIof/
ET~lncinns:
-,1nIIunmce pnIIfI/um _ of $2 mIIIon, bond pnIIIIIum.
. utility petml181111d .....1n8pectIon..... advance"'" posfIng of ""y Irinds, llI8ak."cf wvrlr,
notlftll8Sldenl.. IIIId l1li)' ".",. not specitk:IIIly Included under INCLUSIONS sKfIon..
Estimator: Tri La
Note: minimum of 10 loops per shift Unit price above does
not applied to quantity less than 10 loops per shift A
mimimum charge of $ 3000.00 will be charged for quantity
less than 10