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HomeMy WebLinkAbout2010-304 RESOLUTION NO. 2010-304 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 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 $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC SIGNS. WHEREAS, Zumar Industries, Incorporated previously submitted the lowest bid for the purchase of traffic signs per SB# 1-06; and, WHEREAS, by execution of the Agreement hereby adopted, the parties wish to exercise the fourth option to extend their original agreement as set forth in Bid Specification SB# 1-06 for the period of July 5, 2010 to June 30, 2011 and to otherwise amend the original agreement to conform; and, 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 an Agreement between the City of San Bernardino and Zumar Industries Incorporated, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That pursuant to this determination the Director of Finance or her designee is hereby authorized to issue a purchase order to Zumar Industries, Inc. in the amount of$140,000 for FY 10-11. SECTION 3. The Purchase Order shall reference this Resolution Number and shall read, "Zumar Industries, Inc. for traffic sign materials. Agreement not to exceed $140,000" and shall incorporate the terms and conditions of the agreement. III III 2010-304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC SIGNS. SECTION 4. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not executed by both parties within sixty (60) days of the passage of this resolution. III III III III III III III III III III 19 20 III 21 22 III III III 23 III 24 III 25 26 I II 27 III 28 2010-304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC SIGNS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of September Council Members: AYES MARQUEZ X DESJARDINS X X BRINKER SHORETT X KELLEY X X JOHNSON X MCCAMMACK , 2010, by the following vote, to wit: NAYS ABSTAIN ABSENT ~~)y.~ Rachel G. Clark, City Clerk ~L'" The foregoing resolution is hereby approved this q;/ day of September 2010. 21 22 23 Approved as to Form: 24 t/t~ 25 es F. Penman, City Attorney ~~ tri kJ.Morr~ City of San Bernardino 26 27 28 2010-304 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 7th day of September 2010, by and between Zumar Industries, Incorporated ("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 acquire traffic sign and related items; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for such sign materials per SB#I-06; and, 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 SB#I-06, for traffic signs, dated August 9, 2006, Attached hereto as Attachment "1" and incorporated herein by this reference. This Agreement supersedes any inconsistent provision of any prior Agreement between the parties respecting the goods and services to be delivered hereunder. 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 $140,000, for the purchase of traffic signs at the price set forth in Attachment "I." b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from September 7, 2010 through June 30, 2011. 1 EXHIBIT "A" 2010-304 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 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 amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 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 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 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 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 2 2010-304 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 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 status, sexual gender or sexual orientation, or any other status 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, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 3 2010-304 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 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 Works Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Zumar Industries, Incorporated 9719 Santa Fe Springs Road Santa Fe Springs, CA 90670 Telephone: (962) 941-4633 Contact: Erik Gustafson 9. 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. 10. 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 4 2010-304 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 of VENDOR's obligation to perform 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 of California. 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. 15. 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. 5 2010-304 16. ENTIRE AGREEMENT; MODIFICATION. 1 2 3 4 5 executed by all parties to this Agreement. 6 7 8 9 III 10 III 11 III 12 III 13 III 14 III 15 16 III 17 III 18 III 19 III 20 I I I 21 III 22 III 23 24 III 25 III 26 I II 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 III III 6 2010-304 1 2 VENDOR SERVICE AGREEMENT ZUMAR INDUSTRIES, INCORPORATED 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 5 6 7 8 date set forth below. Dated: ~ tJ , 2010 CITY OF SAN BERNARDINO) B~\~'L-.. t arles E. McNeely, C y Manager ?~ 7 2010-304 ATTACHMENT "I" Page" oP City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. SB #1-06 TRAFFIC SIGNS NOTICE: "SPECIAL INSTRUCTIONS TO THE BfDDER" Requirements: Bidder shall complete right-hand co(unm 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. FAIL URE TO COMPLETE RIGHT HAND COLUMN WILL INV ALIDA TE BID CATEGORY 1 ACCEPT ABLE ( AS SPECIFIED 1. 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. t, <; ./ ./ f; .1~'{' ..r '/~'I i~'i.0 '! ' . f f" ".-~' ,- . ZUMAR INDUSTRIES, fNC 9719 SANTA FE SPRINGS RD. SANTA FE SPRINGS CA 90S7\' Bid Spec. # F-OI-.. 2010-304 G. AU quotes shall be on form provided furnished by Public Services Department. H. AU signs must have date and manufacture screen printed in right hand comer in 1/4" inch letters. 1. 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 wake delivery of the suppties 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 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 Specifications Discription - Sheeting 1. Diamond Grade type 9 Florescent colors 1,000 Sq. Ft. 2. Diamond Grade type 9 standard colors 3,OOOSq. FL 3. High Intensity Grade type 4 prismatic 3,000 Sq. Ft. 4. Engineer grade type I 3,000 Sq. Ft. 5' Iluc-f /i:'f1.1/j,""\ 4J~TI{;,"'-16TTI /J.~c,-:~-...y Aluminim Blanks 5052H38 Aloy ~:;~L't? s.;~~i, 1. 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. Ft -;. [ I~.li f\. R j'l\!r"'l; l ~~TR;E' C !;:'.i(' ~._i..""I..~ t~~_II-'"-J \, v, t~.J..-, ~719 Sl\NTA FE SPRINGS RD. '~:'\:.j:-~ FE SPF:>,I(~S (:t.. QOh7n Page * of* i5 spa/H'; iJ Unit Price 5.&u 4. ~ '7 /. tp .) .1;2- /. 7 Lt -jti:/ ------ ).q/ .} ,~ :.) r i~- .. l- . ) (:l. J . .) {Ji Total Price r","./, -, "'J .?U1',p:' . C, l /~ (c 7d. tk! ....- 11') rJ. c"t-7 ; 7 !ii!, t.;" ~",.J:. ,. (~(7 () I ~~T? , . . /J &" ){;, vI.." - -- ~ ,. I . ~ /.) (. '/.7. Co:' ,IICf . Ul /'J.)' G:. t'e ,--., . 0.)&: II Bid Spec. # F.OI-** 2010-304 6. Extruded Blade 6" X 36" 600 Ln. Ft. 7. Extruded Blade 6" X 42" 600 Lq. Ft. 8. Extruded Blade 6" X 48" 600 Lq. Ft. r,13 ,l.Su. "1 ./1 J'!;> Page. of* ;5/ iI. 1)0 : !J.3iP.oo : ./ . l.:n;'V'- ,} (.l . -'\ o-r-A-c.: j S~, 601. oc) . , Please fill in all ri2ht hand columns and si2n bid sheet. Mail to: Cjty of San Bernardino A TTN; Randy Kuettle 234 S. Mountain View Avenue San Bernardino, CA 92408 Please have bids in by Au ust 10. 2006 by 3:00 p.m. '? 11 L ? I I (Name & Title [Person Prepared the Bill) --)/-:::/~ / --~. '--- (Owner of Business or Designee) Signed Signed Date :J. 7 - ",;. G~ ./ ,/ Date B/ ";1,/ Q~ ZUMAR INDUSTRIES, fNC 9719 SANTA. FE SPRINGS RD. '",!'..!';:!>, r-f c::p8:r,I(~~ C6 l10f:1:J Bid Spec. # f.OI.h 2010-304 Attachment "2" April 12, 2010 City of San Bernardino Attn: Randy Kuettle 234 S. Mountain View San Bernardino, CA 92408 Subject Renewa I P.O. #210406 Dear: Randy Kuettle Zumar Industries would like to extend the above contract until June 30, 2011 with no price increase. Zumar has enjoyed a long and successful r.elationship with the City of San Bernardino and look forward to serving your needs in the future. Sincerely, &r~t ~fJCta#QI( Erick Gustafson Acct. Manager Zumar Ind.