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HomeMy WebLinkAbout2009-203 - - 1 2 3 4 5 6 7 8 RESOLUTION NO. 2009-203 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $80,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO PITTSBURGH PAINT FOR PAINT PRODUCTS AND MATERIALS. WHEREAS, Pittsburgh Paint submitted one of the lowest quotes for paint products and materials per RFQ F-09-06, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 12 Bernardino and Pittsburgh Paint, a copy of which is attached hereto, marked as Exhibit SECTION 1. 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 13 "A 1 ", and incorporated herein by this reference as fully as though set forth at length. 14 SECTION 2. That pursuant to this determination the Director of Finance or her 15 designee is hereby authorized to issue an Annual Purchase Order to Pittsburgh Paint 16 17 for a total amount not to exceed $80,000. 18 SECTION 3. The Annual Purchase Order shall reference this Resolution 19 Number and shall read, "Pittsburgh Paint for paint products and materials, Agreement 20 not to exceed $80,000" and shall incorporate the terms and conditions of the 21 22 23 24 agreement SECTION 4. The authorization to execute the above referenced Annual Purchase Order and Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage of this resolution, 25 26 III 27 /II 28 -- 2009-203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $80,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO PITTSBURGH PAINT FOR PAINT PRODUCTS AND MATERIALS. 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 day of July , 2009, by the meeting thereof, held on the 6th following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x x BAXTER BRINKER x SHORETT x KELLEY 1( JOHNSON x MCCAMMACK x Q~b_~ Ra'chel G, Ciark, City Clerk 1J\. The foregoing resolution is hereby approved this ~_ day of July , 2009. ~r 27 28 mes F. Penman ity Attorney -- -- -- - - 2009-203 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 6th day of July 2009, by and between Pittsburgh Paint ("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 purchase paint products and materials; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for paint products and materials per RFQ F-09-06; and, WHEREAS, Vendor is the one of the lowest bidders to provide said services to City; 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 RFQ F-09-06, a copy of which is attached hereto as Attachment "I A" and incorporated by this reference. 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 $80,000, for paint products and materials as set forth in RFQ F-09-06. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from July 6,2009 through June 30, 2010, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 2010 through June 30, 201 L Option year two, if exercised, shall be effective July I, Exhibit "AI" I - - - 2009-203 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 2011 through June 30, 2012, Option year three, if exercised, shall be effective July 1,2012 through June 30, 2013. This Agreement may be tenninated at any time by thirty (30) days prior written notice by either party. The tenns of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current tenn of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and hannless 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 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 perfonnance of service 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 Vendor relating to or in any way connected with the accomplishment of the work or perfonnance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the tenn of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile Exhibit "A I" 2 2009-203 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 liability insurancc, 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. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of 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 conditions, marital sta(us, sexual gender or sexual orientation, or any other sta(us protected by law. 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 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 licenses, 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, Exhibit "A 1" 3 2009-203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession, 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 "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Pittsburgh Paint 1595 E. San Bernardino Ave. San Bernardino, CA 92408 Telephone: (909) 496-7473 Contact: James Bartholomew 9. ATTORNEYS' FEES. In the event that litiga(ion is brought by any party in connection' wi(h 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 19 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 20 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 21 22 fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or written consent Any attempted assignment, transfer, subletting or encumbrance shall be void 27 and shall constitute a breach of this Agreement and cause for the termination of this 28 Exhibit "A I" 4 2009-203 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 Agreement. Regardless of CITY's consent, no subletting or assigmnent shall release VENDOR of VENDOR's obligation to perfornl all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 11. 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. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State ofCalifomia. 13. 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. 14. 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. IS. 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 ternlS 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. Exhibit "AI" 5 2009-203 16. ENTIRE AGREEMENT; MODIFICATION. 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 III 26 III 27 28 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. III III III III III III III III III III III III III III III III Exhibit "AI" 6 2009-203 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 VENDOR SERVICE AGREEMENT PITTSBURGH PAINT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. {, , 2009 Dated9 ~ 9 ,2009 Approved as to Fom1: 7 2009-203 ATTACHMENT "IA" RFQ F-09-09 Paint City of San Bernardino Technical Specifications RFQ F-09-06 PAINT PRODUCTS AND MATERIALS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Services Departrnent, Streets Division is responsible for graffiti removal in the City. The intent of this document is to solicit proposals from qualified vendors with experience in providing paint products and rnaterials. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with paint products and materials at a per unit cost. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for paint products and materials. Services: 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. Whenever the terms "Standard Specifications" is used, it shall mean the "Standard Specifications for Public Works Construction, latest edition." In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE/AS SPECIFIED 1. PAINT MATERIALS The City of San Bernardino Public Services ;J IJCepr;r6?e Department, Street Division will purchase paint products and materials throughout the year for its graffiti removal program. The paint will only be used for covering up graffiti. The paint products and materials will be priced for both pick up and delivery. 9 2009-203 Paint will be supplied in all "Standard" 4 Paint colors, (White, Beige, Chocolate Brown and Gray.) City crews will primarily use white paint. Paint must be water-based latex, Exterior flat wall paint is recommended for the use on concrete, masonry, concrete stucco, aggregate block, sheet rock, plaster, primed wood, and primed metal. The City will supply the 4-color match paint. The VENDOR must be able to supply the following paint products and materials: . Rollers 9 " . Paint brushes 4",.B" . Extension Poles 6', 8' . Drop cloth . Spray Tips for Airless sprayers 2. PRICING PER UNIT COST Provide a pricing proposal that is a fixed cost per 5-gallon pail of paint. All other materials must be priced as well. 3. REFERENCE LIST Provide three (3) local government agencies and/or company's previous or current contact references.that support your ability to provide paint products and materials. 4, CONTRACT LENGTH ~ &UjJltt P/fctr /ie~IN~F RFQ F-09-09 Paint :5~'" ~~I"'t:; ~ $'- ~t. ~~",,""""b"ll-_)~/;J:5&.'" ~4)~ &>6 S."8. .,.-,..-e,h r;~ t-?.y/' ?-1f)~;Di? t.> scJ-1 DI,T. '777:!'-t/G- ('7.5" J '7" ro. q 7 <r CI The length of this contract shall be for one (1) year with three (3) one-year extensions at the City's 11 If u./rh9e.e option. 5. LICENSES The vendor represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide paint ,4-~ 8-ef(~~ products and materials, including a City business License, and that such licenses and approvals shall be maintained throuqhout the term of this Contract. 10 2009-203 RFQ F-09-09 Paint 6. LOCATIONS To facilitate pick-up and delivery of paint and materials, Vendor's facility shall be located within a five (5) mile radius of the center of each of the four graffiti district intersections: (a) Baseline and Mt Vernon, (b) Little Mountain and Kendall, (c) Del Rosa and Lynwood, and (d) Mill and Lena, ~rlTVbw 11 REQUEST FOR QUOTES: DESCRIPTION OF RFQ: COMPANY NAME/ADDRESS: J~I*' ~~<-' ~-Pvv).ro;J I '""? rJ Wa/'c:( NAME OF AUTHORIZED REPRESENTATIVE PRINT NAME TELEPHONE NO. FAX NO. ITEM I. Paint - Pick Up Only: a. Standard Colors b. Color Match 2009-203 RFQ 1"-09-09 Paint PRICE FORM RFQ F-09-06 Paint Products and Materials A~5hv~bH h,,'NT / .s-'7.s .c=, SAw' 15c~p~/,vt:J k. >kIV ;t:5z:;:.dJJ~lJfN6 &. 9~~tP 8 / 5' (9.19) ~'7&:r?Lf73 - (P~?') ~7g; - 3499 UNIT FIRM FIXED PRICE 5 gal 5 gal $ 3~. 30 $ ~&.""CI II. Paint - Delivered to Job Site: a, Standard Colors 5 gal $ !7~. ~ Co $ 3 r. roc. b. Color Match 5 gal III. Supplies - Pick Up Only: r a. Rollers - 9" each $ :S: s-s b, Paint Brushes - 4" / f/ each $ /.0/['/ - c. Extension Poles - 6' / 8' each $ -Z-.OO / Z.rr-(" 16 2009-203 RFQ 1"-09.09 Paint d. Drop Cloths each ..(-"fl{ $ I r..~1 q...,ct'2. ~. -vz- e. Spray Tips (for airless sprayers) each $ "L..:Z...",.( IV. Supplies - Delivered to Job Site:. a. Rollers.. 9" each c, Extension Poles - 6' I 8' each $ ~ S's $ /,t..([- I $ z,..:IO I 2.8s 4""'<;" q":;l"'1- $ I~.y,? '2.0.2...... b, Paint Brushes.. 4" I Jt each d. Drop Cloths each e. Spray Tips (for airless sprayers) each $ Z"2-.'~ V. TOTAL FIRM FIXED PRICE: $1 ANNUAL PURCHASE ORDER Effective on or about July 1, 2009 through June 30, 2010 plus three (3) single-year renewal options, for City's requirements, Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two if exercised, shall be effective July 1,2011 through June 30, 2012. Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your &in order to meet the requirements of the Technical Specifications? Yes I No . (circle one). If you answered "Yes", please provide detail of said additional osts: 17 2009-203 RFQ F-09-09 Paint Please indicate any elements of the Technical Specifications that cannot be met by your firm. 1/ ~ Have you included in your bid all informational items and forms as requested(Ye0 / No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date, Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable3% /5 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Received on: Received on: R~ , AUTHORIZED SIGNATURE: ~ PRINT SIGNER'S NAME AND TITLE: ~""'F5 Addenda No: Addenda No: Addenda No: ( ~ \ 'l- '\ 0 ~ Verification of Addenda Received o~~~ 6J4 "2_r::tJUJ~~ M. DATE SIGNED: $',A-vC:S- 4 -;z.~ -0'1 /(), Trr i t.I~ A..~~ ~ . COMPANY NAME & ADDRESS: 18 2009-203 PHONff:9b'?) tf'ib/]1.(-?3 FAx(7'iJ'f.J ~~r~qcr9 EMAIL: "BA.e.Tt-loLol--rtu<J @ p{)r:, I (!, 0 P-'\. _ IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 19 RFQ 1'-09-09 Paint 2009-203 ::E c: .... <0 0 0 a 0 a <( <( L!) L!) OJ OJ OJ OJ OJ Z Z <Xl OJ 0 0 <0 <0 <0 <0 ...... - - a OJ z z 0 f- 0 C'l '<t C') '<t a N ...... ...... z L!) en <( en OJ I"- Z Z ...... N ~ a. N <( <( . ...... (f) (f) x ::!. <Il ~ a Q) ~ 0 0 0 0' 0' 0' ..J "" <Il a "" <Il 0 <( J:: J:: J:: J:: co co CO co co f- ill - a - 0 z z 0 3: 0 '<t 3: 0 '<t 0 0 0 0 0 (/) 0 ill (f) L!) L!) L!) L!) 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