HomeMy WebLinkAbout2010-336
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RESOLUTION NO. 2010-336
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO STOCK ALL SERVICES FOR THE
MANUFACTURE AND REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES TO
BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, FLEET DIVISION.
WHEREAS, Stock All Services submitted the lowest bid for the repair of hydraulic
cylinders and supplies per RFQ Q-I 0002;
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 Stock All
Services, 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 an Annual Purchase Order to Stock All Services in the
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amount of $48,000.
SECTION 3. The Purchase Order shall reference this Resolution Number and shall
read, "Stock All Services Inc for the repair of hydraulic cylinders and supplies. Agreement not
to exceed $48,000" and shall incorporate the terms and conditions of the agreement.
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Agreement is rescinded if it is not executed by both parties within sixty (60) days of the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.
2010-336
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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 AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO STOCK ALL SERVICES FOR THE
MANUFACTURE AND REPAIR OF HYDRAULIC CYLINDERS AND SUPPLIES TO
BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT, FLEET DIVISION.
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 4th
day of October
, 2010, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members: AYES
MARQUEZ X
DESJARDINS X
-
BRINKER X
SHORETT X
KELLEY X
JOHNSON --2L-
MCCAMMACK X
-
h.CLuJc
Rac el G. Clark, City Clerk
'1'~
The foregoing resolution is hereby approved this <.:;..-' day uf October
2010.
tric J. Morris, Mayor
City of San Bernardino
2010-336
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of October 2010, by and
between Stock All Services ("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 repair of hydraulic cylinders and
supplies; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for the repair of hydraulic cylinders and supplies per RFQ-Q-1 0002; and
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
F or the remuneration stipulated, San Bernardino hereby engages the serVIces of
VENDOR to provide those products and services as set forth in RFQ-Q-1 0002 for the repair of
hydraulic cylinders and supplies, dated March 24, 20 I 0, attached hereto as Attachment "2" and
incorporated herein 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 $48,000 for the repair of hydraulic cylinders
and supplies.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from October 4,2010 through June 30, 2011, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
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EXHIBIT "A"
2010-336
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effective July 1,2011 through June 30, 2012. Option year two, if exercised, shall be effective
July 1,2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1,
2013 through June 30, 2014.
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.
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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. 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.
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2010-336
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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10 TO THE CITY:
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.
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:
Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone : (909) 384-5140
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Stock All Services
24756 Redlands Blvd.
Lorna Linda, CA 92354
Telephone: 1 (800) 463-0383
Contact: Gary Stockman
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
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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.
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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
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.
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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.
16. 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.
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2010-336
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VENDOR SERVICE AGREEMENT
STOCK ALL SERVICES
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
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6 Dated: 10 -~010
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9 Dated~~ /3 ,2010
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12 Approved as to Form:
B
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,~
. Penman, City Attorney
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03/23/2010 13:48
D3-10-11 11:0S
2010-336
9098819520 STOCKALL SERVICES
Frcn-Clt1 gt Si~ e.rnardlno Flnan,.\Purahalll +80aaS4SDtl
PAGE 132
r-011 P. DDZ/004 F-55T
(y\?:\
!!EQU~OR QUOTATION . THIS IS NOT'Md ORDEB
FROM THE CrrY OF SAN BERNARDINO
purchasing Division
300 NO. 0 Street, 4tn Floor, San BernardIno. CA 92418
(909} 384-50B8 FIttJ( (909) 384.e043
RFO
3/11/2010 OEPT: Fleet NO# Q10002
TYPE: ANNUAL
fO MAR?~ 01.1 1'). I
REPLY -v
DUE: R E ~1i4iii1D
please ma;l,
fa:/. of smail
by 4:00 PM
~
- '-j T Y 'If- ~" < ,. ,-.
" I. u ,..,f~ M1="'~!~""'\Illj'
0f' )'!'rl' ~ ,,' . ::.-. ,.iv~K iJl.,t
..I ~vri," "I~JI. 1<::-''''\ c
. ,....I.l.~. I ....: (.Jf\ ".;
ISSUE
DATe:
.
VENDo.R NAMl; _ ~-K A 1\ CSU \J I c..~
VENDOR ADDRESS ~;s\o ~('" r\ ~Cxn~ \'-j,. ~d..
cnY, sTATE, ZIP .kQW\O. t.:>.>QQo. ~ ~. qa,;,S~
PHONI:(gro~~-0383 ~A:X ~,e;5 CONTACT
~ jSfus.,v...mo.<1
pLEASe RES~OND WITH NO-aID IF N01 BIDDING, FAilURe TO RESPOND WIU. RESULT IN REMOVAL FROM 810 LIST.
UNIT
ITE~ # IDETAlLOI::SCRIPTlON()F p-el"\nnM' OR SER\lICE. aUAN 110M preCE TOT~ 'PRICE.
ANNUAL FY 10/11 CONTRACT
HYDRAULIC CYLINDER REPAIR
Cost to Manufacture
Automated Packer Cvllnder - 6" Bore. 3 stage
1
ea
A_-_
~ ....- .., IIJII.
1
1
es
~~oo
--zJ~p(jJ -:; It I&-~
2
Cost to Repair
Automated Packer Cvlinder - 6- Bore. 3 stage i -AI ~
~~y~^o Vj~
....a
,
ea
~-...,....17lJ
3
Cost to Manufacture
Automated Packer Cylinder - 1" Bore, 3 stag~
1 as
n'-~'1
q..fOO .J- - !Ut
,.... (,00
Included
4
cost to Repair
Automated Peeker cvllnder. 7" Bore. 3 steae ~/II 1-,...,
-'D'\ "...~ 1t , - v'1I-
"
5
Hourlv Rate
, hr
DellverYfPlck-l.I"/Frsl Q ht
Subtotal
(n::.l.II1X.
L/.. I f.14
ltA~/tfl
Plesse return:
This Quote Sheet" ComD/etedTechn;cfll SlJeC$
Tax:es - 8.00%
Totl'
CiTY CONTACT. DEBORAH MORROW (90g) 384-5(186
NO CHARGl; WILL B~ ALLOWED QVEFt ANO ABOVE PRICES QUOTED ON THIS SHS=ET.
THE RIGHT IS R5$ERVI:D TO ACCEPT OR REJE.CT QUOTATIONS ON EACH ITEM. SGPARAT~L Y OR AS A WI'IOLE.
,..., ~"'" r "'.- 3.1"f11..&( .
:">_/ -'" -20 I c) D..Unation a.r- T(Ld' lJP.l- ~ J -0:;-11 -lAD A I,~ ~
QUOTE DATe FOB POll\lT SHIP VtA TE.RMS DELIVERY DATE FREIGHT
VENOOFtSSIGNATURI: ~./"""" ~~-PTITlE /if ~ ,,"
'Jv/1{~ _I ~r~
-
-
PLEASE PRINT NAME
.. .
Attachment "2"
03/23/2010 13:48
03.18-10 11:08
9098819520 2010-336
F STOCKALL SERVICES
rC~.CI~r 01 San e~rnardlng Financ.\Purchaii, .eOi1B41043
PAGE 03
T.077 P.OOI/004 FaIST
..:.
03109/10
City of San Bernardino
TECHNICAL SPECIFICATIONS
BID SPEClFICATIONNO. ~ I DbO ~
REQUISITION NO. 11738
HYDRAULIC CYLINDER REPAIR
NonCE : ~S'PECIAL INSTR1}CTlQNS TO THE BfDD~
SeT'lices:
Bidder sba.ll complete right-band colUll'1J'lindicating brief reasoning for
eKceptiOI1S to req1.1irementS when oot acceptable. State "ACceptable" if
re({uitClJlents are agreeable as set forth in lcft-lllmd column.
Equipmc:nt
Bidder WillI eomplete rlght~haDd column indies.LiIlg specific size and or
rnake and model of all componenUl wbefl. not exactly as spec.ified. Slate
"As SpeCified" ifitem is exactly as set forth in the left-hand column.
F~lLlJRE TO COM:PLET~ IUGIIT HAND c;OLUMN WILL INVALIDATE BID
RE
l"he contraCtot shan be able to manu acture, repair and
rcseal all 5lizc:s of h: draulic c linden.
Thc contractor shall have full m,~hiDe shop capabilities
for manufeoNIing pins. bushings and collars as requested
for CUSlom a Dues-tion!.
~e Sid.:loaders.:
1. Automated l*ker cylinder - 6" Bore, 3 Stag.e
2- AutomaTed aoker c tinder 7" Bote. 3 S
Cost to manufactuTC the above each-
Cost to repair lhe above (each) Lo include reseal and
rerod (if necessary) and iPstaUauon of [lC!W eyes on
c linder tube.
The con'tl1lc'laf shallHst hourl labor I"ate.
The contractDr shan provide piekup and deUvery at nQ'
cost to the Ci .
All repairs shall be completed withil1 a three (3) day time
l1!~": Langer lime emn.' sholl be "!l"'ed 10 priDe ro
Jn1tla~10n of repairs.
J
{ AS SPECIFIED
Q.1
/ tfJ 2-
03/~3/2010 13:48
33-,n.l0 11:07
9098819520 2010-336 STOCKALL SERVICES
Fron~lt~ of San elrnardlno Fina"CI\Purchasil +aOas845Q43
PAGE 04
T-oT1 P.Q04lQOA F-557
phone:
Q 1000 Z.
t-l \.{ elAcw-L c..
C'i (i"rW-
~
03/09/10
Company Name:
Date_3-Z~-2i)1 0
2./~7_
03/23/2010 13:48 9098819520
2010-336
STOCKALL SERVICES
PAGE 01
FAX COVER SHEET
To: CIO SAN BERNARDINO
PURCHASING DEPT - DEBORAH
F...~ 909-'14-5043
Pllone: 108.38...5088
He: RFQ Q1 D002 HYO CYLINDER REPAIR
From DENISE STOCKMAN
ra..s: 4 Inch.d'". caver sheet
Date: 3-23-2010
CC:
o Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
Dear Deborah,
We at Stock AU Sen''ices are happy to submit our bid for you Hydraulic Cylinder
Repairs as requested by you. If you bave any further questions you may call us at any
. time.
We look forward to working with you.
800-463-0383