HomeMy WebLinkAbout2008-317
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RESOLUTION NO. 2008-'317
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.
WHEREAS, in 2007 the City entered into a contract with Zurnar Industries, inc.
based on its subrnittal of the lowest quote for the purchase of traffic signs for repair,
rernoval, and replacernent of darnaged, faded and vandalized signs, and new
installation of signs; and
WHEREAS, Zurnar industries, Inc. has offered to enter into a new contract
under the sarne terrns and conditions, including pricing; and
WHEREAS, Staff recornrnends entering into a new contract for the fiscal year
200812009 with all the terrns and conditions of the 2007/2008 contract.
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 2. This purchase is exernpt frorn the forrnal contract procedures of
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Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
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Code, "Purchases approved by the Mayor and Cornrnon Council."
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2008-317
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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 $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
hislher designee is hereby authorized to issue a purchase order to Zurnar industries,
Inc. in the arnount of $120,000. The Purchase Order shall reference this Resolution
No. 2008-
and shall read, "Zurnar Industries, inc. for traffic sign rnateriais.
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10 Agreement not to exceed $120,000" and shall incorporate the terms and conditions of
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the agreernent.
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SECTION 4. The authorization to execute the above referenced Agreernent is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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2008-317
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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 $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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Cornrnon Councii of the City of San Bernardino at a i oint rellu 1 ar
rneeting thereof, heid on the 4th
day of August
, 2008, by the
9 following vote, to wit:
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Council Mernbers: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KEllEY x
JOHNSON x
MCCAMMACK x
{{~ 1.1. ~
Rachel G. Clark, City Clerk .
67~
day of
The foregoing resoiution is hereby approved this
August , 2008.
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20087317
VENDOR SERVICE AGREEMENT
f) ,
.I!Y OF S;';N BEi~NARDIW'
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This Vendor Service Agreement is entered into this 4tb day of August, 2008~' AM II: 24
between Zumar Industries, Inc. ("VENDOR") and the City of San Bernardino ("CI-r0~~ E I V E 0
"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 Bernardino 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 I.
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.
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2008-317
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 accomplislunent 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 indemnity, 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 indemnity against the City, its elected officials,
employees, agents or representatives, with respect to third party claims against the
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2008-317
Vendor relating to or in any way connected with the accomplishment of the
work or performance of services under this Agreement.
5. INSURANCE.
6.
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.
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
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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 Agreernent 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 Sorings Road
Santa Fe Springs, Ca 90670
Teleohone: (562) 941-4633
Contact: Eric Gustafson
300 North "D" Street
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
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enforcernent of any of the terrns, conditions or provisions hereof. The costs,
salary and expenses of the City Attorney and rnernbers of his office in
enforcing this Agreernent on behalf of the CITY shall be considered as
"attorneys' fees" for the purposes of this paragraph.
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.
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.
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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: '" /1 , 2008
VE
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Dated Ib../t '7 , 2008
Approved as to Form:
James F. Penman, City Attorney
By: k '"J. /€:.-.
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F:\WILSON\PublicServ-Zurnar 7.31,08."!'d
CITY OF SAN BERNARDINO
By:
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2008-317
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ATTACHMENT "1"
Page · of"
City of San Bernardino
TECHNICAL SPECIFICA nONS
BID SPECIFlCA TION 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
Manufactured traffic signs and sign faces. The contractlerm 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/ASSPEClflED
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.
e. 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 shaH be for the fiscai year 2006-
2007.
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ZUMAR INDUSTRIES, INC
9719 SANTA FE SPRINGS RD,
SANTA FE SPRIt>JGS CA 90S7f>
Bid Spec. # f-Ol."
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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 ';." inch letters.
\. 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
make 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.
], In the event the City'ofSan 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.
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Materials Specifications
Discription - Sheetin[!
1. Diamond Grade type 9 Florescent colors 1,000 Sq. FI.
2. Diamond Grade type 9 standard colors 3,000Sq. FI.
3. High Intensity Grade type 4 prismatic 3,000 Sq. Ft.
4. Engineer grade type I 3,000 Sq. Ft.
S flu'-'; /i::f1-fI."" 4-"'T/ C/('.<6TTI /''''',~,t.1Y
Aluminim Blanks 5052H38 Alov -'5..., s;"',"r
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I. Aluminum .125 3,000 Sq. FI.
2. Aluminum 0.80 4,500 Sq. ft.
3. Aluminum 0.63 2,000 Sq. Ft.
4. Extruded Biade 6" X 24" 600 Ln.. FI.
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5. Extruded Blade 6" X 30" 600 Ln. Ft
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8719 S,l\NTA FE SPRINGS RD.
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2008:317
Page' of'
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Unit Price
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Total Price
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6. Extruded Blade 6" X 36" 600 Ln. Ft.
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7. Extruded Blade 6" X 42" 600 Lq. Ft.
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8. Extruded Blade 6" X 48" 600 Lq. Ft.
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,Oi}'!,C .$ S(.',~t1? vu
Please fill in all neb! hand columns and sien bid sheet. Mail to:
City of San Bernardino
A TIN: Randy Kuettle
234 S, Mountain View Avenue
San Bernardino, CA 92408
Signed
Please have bids in by Au us! 10. 2006 by 3:00 p.m.
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(Name & Title f Person Prepared the Bill)
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(Owner of Business or Designee)
Date
2008-~17
Page * of.
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Signed
Date 8A~/;;.;:;.
ZUMAR INDUSTRIES, INC
9719 SANTA FE SPRINGS RD.
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Bid Spec. # F-Ol."
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2008-;317
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ATTACHM'ENT '//2//
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,
Ey(,cJuG~
Erick Gustafson
Acct. Manager
Zumar Ind.