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HomeMy WebLinkAbout29-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director 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 $120,000 to Zumar Industries, Inc., for the purchase of traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of signs located throughout the City of San Bernardino. Dept: Public Services Date: July 30, 2008 Meeting Date: August 4, 2008 Synopsis of Previous Council Action: July 16, 2007 - Resolution No. 2007-311 - Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order in the amount of $120,000 between the City of San Bernardino and Zumar Industries, Inc. Recommended Motion: Adopt Resolution. Kk~ / Signature Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1 and 2" Phone: Ward: 5140 All Source: $ 120,000 FY 08-09 Account No. 001-408-5111 Materials & Supplies FUNDING REQUIREMENTS: Amount: Finance: Council Notes: Agenda Item No. _ ~~ -=#'J.q o g- -Oq-O?! 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 $120,000 to Zumar Industries, Inc., for the purchase of traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of signs located throughout the City of San Bernardino. Background: On October 16, 2006, a quote process was initiated to solicit bids for the Sign Maintenance Program. Zumar Industries submitted the lowest quote for the purchase of traffic signs, removal and replacement of damaged, faded and vandalized signs, and new installation of signs located throughout the City. On July 16, 2007, the Mayor and City Council authorized the execution of an Agreement (Attachment "1") and purchase order to Zumar Industries in the amount of $120,000, per Resolution 2007-311. On May 28, 2008, Zumar Industries sent the City of San Bernardino a letter stating that they would like to extend the contract for an additional year from, July 1, 2008 through June 30, 2009 without changing the pricing or terms of their contract (Attachment "2"). Staff recommends acceptance of the contract renewal for the fiscal year 2008/2009. Zumar has been very responsive to our sign requirements. Staff recommends that the City Manager be authorized to execute Amendment No.1 to the Vendor Service Agreement, and issue a purchase order in the amount of $120,000 to Zumar for an additional year from, July 21, 2008 through June 30, 2009. Since staff recommends acceptance of the contract renewal for the fiscal year 2008/2009, this purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council." Financial Impact: Funds have been budgeted in the FY 08-09 Budget, Account No. 001-408-5111 (Materials and Supplies) in the amount of $120,000. Recommendation: Adopt Resolution. 1 2 RESOLUTION NO. 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 $120,000 TO ZUMAR INDUSTRIES, INC., FOR THE PURCHASE OF TRAFFIC SIGNS FOR REPAIR, 4 REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED 5 SIGNS, AND NEW INSTALLATION OF SIGNS LOCATED THROUGHOUT THE CITY OF SAN BERNARDINO. 6 7 8 WHEREAS, In 2007 the City entered into a contract with Zumar Industries, Inc. based on its submittal of the lowest quote for the purchase of traffic signs for repair, 9 removal, and replacement of damaged, faded and vandalized signs, and new 10 installation of signs; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, Zumar Industries, Inc. has offered to enter into a new contract under the same terms and conditions, including pricing; and WHEREAS, Staff recommends entering into a new contract for the fiscal year 2008/2009 with all the terms and conditions of the 2007/2008 contract. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Vendor Service Agreement between the City of San Bernardino and Zumar Industries, Inc. 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. This purchase is exempt from the formal contract procedures of Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council." 27 11/ 28 11/ jf~9 1'\ 0' _ /ll1_/W(' 1 2 3 4 5 6 7 8 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 $120,000 TO ZUMAR INDUSTRIES, INC., FOR THE PURCHASE OF TRAFFIC SIGNS FOR REPAIR, REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED SIGNS, AND NEW INSTALLATION OF SIGNS LOCATED THROUGHOUT THE CITY OF SAN BERNARDINO. SECTION 3. That pursuant to this determination the Director of Finance or his/her designee is hereby authorized to issue a purchase order to Zumar Industries, Inc. in the amount of $120,000. The Purchase Order shall reference this Resolution No. 2008- and shall read, "Zumar Industries, Inc. for traffic sign materials. 9 10 Agreement not to exceed $120,000" and shall incorporate the terms and conditions of 11 12 13 14 15 the agreement. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 22 23 11/ 24 11/ 25 11/ 26 11/ 27 11/ 11/ 28 RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $120,000 TO ZUMAR INDUSTRIES, INC., FOR THE PURCHASE OF TRAFFIC SIGNS FOR REPAIR, 3 REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED SIGNS, AND NEW INSTAllATION OF SIGNS lOCATED THROUGHOUT THE 4 CITY OF SAN BERNARDINO. 5 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2008, by the day of following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA 12 BAXTER 13 14 BRINKER DERRY 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 22 23 24 25 Approved as to Form: 26 27 28 Rachel G. Clark, City Clerk . The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4tb day of August, 2008, by and between Zumar Industries, Inc. ("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 directional signs, additional traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of signs; and WHEREAS, Zumar Industries, Inc. Has offered to enter into a new contract under the same terms and conditions, including pricing, at contained on Attachment "I" attached hereto and made a part hereof. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bemardino hereby engages the services of VENDOR to provide those products and services for sign materials for the maintenance of the City's sign system pursuant to bid specifications SB# 1-06 attached hereto as Attachment 1. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $120.000 for providing sign materials as provided herein. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. I Exhibit II A" P:\ WILSONIPubticServ-Zumar 7.31.08.v.pd The term of this Agreement shall be for a period of one year from August 4, 2008 to June 30, 2009.. 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. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indenmity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indenmity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Exhibit "A" 2 F:\W1LSONIPubHcServ-Zumar 7.31.08."1"i Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 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 condition, 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. VENDOR 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 3 F:\WILSON\PubticServ-Zumar 7.31.08.v.pd Exhibit "A" 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 bnsiness 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 licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its bnsiness 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: TO THE CITY: TO mE VENDOR: Public Services Director 300 North "0" Street Zumar Industries Inc. 9719 Santa Fe Sprinl!:S Road Santa Fe Springs, Ca 90670 Teleohone: (562) 941-4633 Contact: Eric Gustafson San Bernardino, CA 92418 Telephone: (909) 384-5140 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 Exhibit "A" 4 F:\WUSON\PublicServ-Zumar 7.31.08."!"l 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 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 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 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. 5 Exhibit "A" F:IWlLSONIPubticServ.Zumar 7.31.08.v.pd 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. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 VENDOR. By: Its: Exhibit "A" 6 F:\WllSONlPubbcServ-Zumar 7.31.08."!>d Dated ,2008 Approved as to Form: James F. Penman, City Attorney By: F:\WlLSONIPublicServ-Zumar 7.31.08."!Xi By: CITY OF SAN BERNARDINO Fred Wilson, City Manager 7 Exhibit "A" ATTACHMENT "1" Page · or- City of San Bernardino TECHNICAL SPECIFICA nONS BID SPECIFICATION NO. SB 111-06 TRAFFIC SIGNS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Requirements: 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 and the cost of each item. Description: The City of San Bernardino Public Services Department is taking bids for Mariufactured traffic signs and sign faces. The contract term will be a one Year contract with the ability to renew up to four years. F AlLURE TO COMPLETE RIGHT HAND COLUMN WILL INV ALIDA TE BID CATEGORY I ACCEPTABLE I AS SPECIFIED I. SCOPE A. All sheeting's must be match components for each sign made. B. Delivery charges are included with every sign order and should be reflected in each line item bid. C. All signs and sign faces ordered will have 1160 premium graffiti overlay. D. All pricing is guaranteed for one year from date of award of contract. E. Supplier will supply Public Services Department with . signs and supplies during the ensuing fiscal year(s) and have them available to the Department within (1 0) working days. F. The price quote shall be for the fiscal year 2006- 2007. ; . ;. y' , ./ . (~ "-<'{' .' ; (', /" j) ,_.)//_ 0-/ 1-'" ZUMAR INDUSTRIES, INC 9719 SANTA FE SPRINGS RD. SANTA FE SPRlt..JGS CA 90?;7r Bid Spec. # F-Ol.-- " G. All quotes shall be on fonn provided furnished by Public Services Department. H. All signs must have date and manufacture screen printed in right hand corner in 'I." inch letters. I. Default: The City of San Bernardino by written notice of default to the contractor, may terminate the whole or any part of this contract in anyone of the following circumstances: A. If the contractor fails to llIlIke delivery of the supplies or signs specified in this contract. B. If contractor fails to perfonn any of the provisions of this contract, and fails to remedy the situation within a period of ten (10) days after receipt of notice. J. In the event the City-of San Bernardino terminates this contract in whole or part, the City may procure supplies or services similar to those terminated, and contractor shall be liable to the City for and excess cost for such similar supplies, signs, or services, K. All aluminum blanks shall be 5052H38 alloy. Materials Soecifications Discriotion - Sheetinl! I. Diamond Grade type 9 Florescent colors 1,000 Sq. Ft. 2. Diamond Grade type 9 standard colors 3,000Sq. Ft. 3. High Intensity Grade type 4 prismatic 3,000 Sq. Ft. 4. Engineer grade type I 3,000 Sq. Ft. S flu..'; /'t'MH'-' ,~"TI C/Q6rTl ,'lr.::~.1Y Aluminim Blanks 5052H38 Alov -'~..... -;.",r-r - - - - ""I..e;> ~(!.rl. 1. Aluminum .125 3,000 Sq. Ft. 2. Aluminum 0.80 4,500 Sq. ft. 3. Aluminum 0.63 2,000 Sq. Ft. 4. Extruded Blade 6" X 24"' 600 Ln.. Ft. 5. Extruded Blade 6" X 30" 600 Ln. Ft .., f If ~ ^ R .fl.lr.... '(""'TR'E" r~J ,-' LI..Q'J.I\, ~: ..._dJ.:Jo ,~.:>, u' .4.-, 8719 S/\NTA FE SPRINGS RD. ':::,'\:~ct\ r=E SPF::"-f(,S r.~ QOR7n Page 1/ of. )5 SfJa,q/f i) Unit Price 5.(Plj 4. s 1 /tp5 . rJ. /. 'l l't -J. ti j J'f/ .} ..,s ;, if u. ) .~. . ., '" "~ l)I Total Price .?6t(it.. "tJ 1-1 {~7.1. 00' 1o/')c7. ?;t-7 l71it'. ,;:t> n' ,'':;' .v I"{& 0 /J ~ >D. COo' .. ,~.- /..> [/,/.t't' 17ft- . ftl /').-), ,. "C ,. . u. ."'., . ;) .'fJ,' II Bid Spe<:. # F_QI_u 6. Extruded Blade 6" X 36" 600 Ln. Ft. ;,53 7. Extruded Blade 6" X 42" 600 Lq. Ft. .l..~u. ;.5/ 8. Extruded Blade 6" X 48" 600 Lq. Ft. Page' of' 15/~.{)O : !J,3U.DO' ./ . I.:J?Y/. .1(./ . ,~L: j S(;"6CJ1. oc) Please fill in all ritzbt band columns and SitzD bid sbeet. Mail to: City of San Bernardino A TIN; Randy Kuell1e 234 S. Mountain View Avenue San Bernardino, CA 92408 Signed Date 3. "l-<:U Signed f Person Prepared the Bill) - -),-------;;:--- " _~.-c-- (Owner of Business or Designee) Date 8A~0';;;' ZUMAR INDUSTRIES, INC 9719 SANTA FE SPRINGS AD. <';!\!..'T~ I=r= <:,or-nl(;C 1"6 COf.'7~ ~ , '. .'~ 1_' ..,..... '-' .,' :.~ Bid Spec. # F-Ol-" I' ATTACHMENT'12" ZUMAR May 28, 2008 City of San Bernardino Attn: Randy Kuettle 234 South Montain View Ave. San Bernardino, CA 92408 Subject Renewal P.O. #301361 Dear: Randy Kuettle Zumar Industries would like to.extend the above contract for an additional year, July I 2008 through June 30, 2009. We are pleased to offer this extension without any change in pricing or terms per the renewal agreement in the original contract. Zumar has enjoyed a long and successful relationship with the City of San Bernardino and look forward to serving your needs in the future. Sincerely, fY'I.cJc,G~ Erick Gusta1Son Acct. Manager Zumar Ind. VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August, 2008, by and between Zumar Industries, Inc. ("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 directional signs, additional traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of signs; and WHEREAS, Zurnar Industries, Inc. Has offered to enter into a new contract under the same terms and conditions, including pricing, at contained on Attachment "I" attached hereto and made a part hereof. NOW, THEREFORE, the parties hereto agree as foIlows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bemardino hereby engages the services of VENDOR to provide those products and services for sign materials for the maintenance of the City's sign system pursuant to bid specifications SB# 1-06 attached hereto as Attachment 1. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $120.000 for providing sign materials as provided herein. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. I F:\Wll.SONIPubbcServ-Zumar 7.31.08.v.pd The term of this Agreement shall be for a period of one year from August 4, 2008 to June 30, 2009.. 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. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indenmity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indenmity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the 2 F:\WIlSON\PublicServ-Zumar 7.31.08."!>d Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 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 condition, 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. VENDOR 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 3 F:\WlLSONlPubHcServ-Zumar 7.31.08. "I'<i 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 licenses, 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: TO THE CITY: TO THE VENDOR: Public Services Director Zumar Industries Inc. 9719 Santa Fe Surinl!:s Road Santa Fe Springs, Ca 90670 Telenhone: (562) 941-4633 Contact: Eric Gustafson 300 North "D" Street San Bemardino, CA 92418 Telephone: (909) 384-5140 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 4 F:\WIlSONlPubHcServ-Zumar 7.31.08."P<i 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 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 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 mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be govemed 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. 5 F:\WIlSON\PublicServ-Zumar 7.31.08."J'd 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. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. 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 marmer of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 VENDOR. By: Its: 6 F:\WIlSONlPubHcServ-Zurnar 7.31.08."!>d Dated Approved as to Form: James F. Penman, City Attorney By: k ''J. /L.. {l ,2008 F:\WIlSON\PubticServ-Zumar 7.31.08."P<i By: CITY OF SAN BERNARDINO Fred Wilson, City Manager 7 " ATTACHMENT "I" Page> of> City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO, SB #1-06 TRAFFIC SIGNS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Requirements: 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 and the cost of each item. Description: The City of San Bernardino Public Services Department is taking bids for Mariufactured traffic signs and sign faces. The contract term will be a one Year contract with the ability to renew up to four years. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INV ALIDA TE BID CATEGORY I ACCEPT ABLE I AS SPECIFIED I. SCOPE A. All sheeting's must be match components for each sign made. B. Delivery charges are included with every sign order and should be rellected in each line item bid. C. All signs and sign faces ordered will have 1160 premium graffiti overlay. D. All pricing is guaranteed for one year from date of award of contract. E. Supplier will supply Public Services Department with . signs and supplies during the ensuing fiscal year(s) and have them available to the Department within (10) working days. F. The price quote shall be for the fiscal year 2006- 2007. , . f. ). .J ./ ' . .' / .' J.:--' ''';/':-<// f / I.: j./ ,"..# /- . ZUMAR INDUSTRIES. INC 9719 SANTA FE SPRINGS RD. SANTA FE SPRINGS CA 91Jf::7r Bid Spec. # F.OI." G. All quotes shall be on form provided furnished by Public Services Department. H. All signs must have date and manufacture screen printed in right hand corner in '.4" inch letters. 1. Default: The City of San Bernardino. by written notice of defauk to the contractor, may terminate the whole or any part of this contract in anyone of the following circumstances: A. If the contractor fails to \lUlke delivery of the supplies or signs specified in this contract. B. If contractor fails to perform any of the provisions of this contract, and fails to remedy the situation within a period often (10) days after receipt of notice. J. In the event the City-of San Bernardino terminates this contraet in whole or part, the City may procure supplies or services similar to those terminated, and contractor shall be liable to the City for and excess cost for such similar supplies, signs, or services. K. All aluminum blanks shall be 5052H38 alloy. Materials SDecifications DiscriDtion - Sheetinl! I. Diamond Grade type 9 Florescent colors 1,000 Sq. Ft. 2. Diamond Grade type 9 standard colors 3,000Sq. Ft. 3. High Intensity Grade type 4 prismatic 3,000 Sq. Ft. 4. Engineer grade type I 3,000 Sq. Ft. S /Iiu-t 1t'f1.1H...... 4-"TI b,{'..6 Tn /,'r.-:;- J..1 Y Aluminim Blanks 5052H38 Alov -i~';;/~:';-;~.';.(' I. Aluminum .125 3,000 Sq. Ft. 2. Aluminum 0.804,500 Sq. ft. 3. Aluminum 0.63 2,000 Sq. Ft. 4. Extruded Blade 6" X 24" 600 Ln.. Ft. 5. Extruded Blade 6" X 30 .. 600 Ln. FI -;'IIP~^R lll.'fy,r'TR'EC I_i'" ~..I","'./,I\, i: ,",_,I.).:,) \1 v, ;,\("...... 8719 S.I\NTA FE SPRINGS RD. Z::~.,,;\r;.~ FE SPF1:\JC::~. ~~ QnFi7n Page. of. ,45 SpeL/qjf i) Unit Price Total Price 5.(yU ."f&{ll'. "'./ 4~1 1-1 {C7tJ.ik' (.&5 1r'-),1. ",,,7 . r:z 17&". I)/) /. l{t ~1~(7() - . { ,I &. i i3 ~ :>D. COL' }lll .. ,....- j.,) [I./.,;'t' .} ;, ~-) 11ct- . Ul .:. ,if [.;' /.5-' ~. u J. -~. ....., . ., Ii ;) .>(.; u . .. Bid Spec. # F.OI... 6. Extruded Blade 6" X 36" 600 Ln. Ft. ;.53 7. Extruded Blade 6" X 42" 600 Lq. Ft. l..~v 8. Extruded Blade 6" X 48" 600 Lq. Ft. " ~I ,j.!;} "\O~L: j S(;',6CJ? Vcl Please fill in all ri2bl band columas and si2D bid sbeet. Mail to: City of San Bernardino A TTN: Randy Kuettle 234 S. Mountain View Avenue San Bernardino, CA 92408 Signed Please bave bids in by Au ust 10. 2006 by 3:00 p.m. '? ;1.,{. /. I (Name & Title f Person Prepared the Bill) -~!'~ / -~. "- (Owner of Business or Designee) Date Page * of* /5/t.IJO : !J3it.DO' .... . J:;?"'(p. .1(./ . J. "f -.' c.~ Signed Date EAy.;c:;, ZUMAR INDUSTRIES, tNC 9719 SANTA FE SPRINGS RD. <';Il.!';:~. I=F <::pp.'qr;~. C6 llOF'0 Bid Spec. # F.OI.*. I' ATTACHMENT '112" ZUMAR May 28, 2008 City of San Bernardino Attn: Randy Kuettle 234 SouthMontain View Ave. San Bernardino, CA 92408 Subject Renewal P.O, #301361 Dear: Randy Kuettle Zumar Industries would like to.extend the above contract for an additional year, July I 2008 through June 30, 2009. We are pleased to offer this extension without any change in pricing or terms per the renewal agreement in the original contract. Zumar has enjoyed a long and successful re1ationship with the City of San Bernardino and look forward to serving your needs in the future. Sincerely, tyLcJc.,G~ Erick Gustafson Acct. Manager Zumar Ind.