HomeMy WebLinkAbout2011-073
RESOLUTION NO. 2011-73
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND INCREASE PURCHASE ORDER NUMBER 303742 BY $75,100 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
4 ADDITIONAL STREETLIGHT ELECTRICAL WIRE AND SUPPLIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. 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
Consolidated Electrical Distributors, Inc., 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
13 designee is hereby authorized to increase Purchase Order No. 303742 by $75,100 for a total not
14 to exceed $ I 00,000 for FY 10-11.
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SECTION 3. The Purchase Order shall reference this Resolution Number and shall
read, "Consolidated Electrical Distributors, Inc., for the purchase of additional streetlight
electrical wire and supplies. Agreement not to exceed $100,000" and shall incorporate the
terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase Order
21 increase and Agreement is rescinded if it is not executed by both parties within sixty (60) days
22 of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND INCREASE PURCHASE ORDER NUMBER 303742 BY $75,100 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
ADDITIONAL STREETLIGHT ELECTRICAL WIRE AND SUPPLIES.
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
March
on the 21st day of
,2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
~
VACANT
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
MCCAMMACK
x
~?~.Z- iJ. C~JL
Raclrel G. Clark, City Clerk
The foregoing resolution is hereby approved this 0{ -; TiI day of March
2011.
23 Approved as to Form:
~r
City of San Bernardino
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2011-73
PURCHASE AGREEMENT
This Purchase Agreement is entered into this 21st day of March, 20 II,
by and between Consolidated Electrical Distributors, 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 streetlight electrical wire and
supplies; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
Vendors for the purchase of streetlight electrical wire and supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF PURCHASE AGREEMENT.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
streetlight electrical wire and supplies as set forth in Attachment "I" and incorporated herein
by this reference.
2.
COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
an invoice, shall pay the Vendor up to the amount of $100,000 for streetlight
electrical wire and supplies.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within FY 10/11.
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.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall
not affect Vendor's obligations under this warranty, and such warranty shall survive
inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects
of any goods or services not conforming to the foregoing warranty without expense to the
City, when notified of such non-conformity by City. If Vendor fails to correct the defects in
or replace non-conforming goods or services promptly, City may, after reasonable notice to
Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable
notice" for purposes of this section shall not be deemed to require more than 60 calendars
Exhibit "A"
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days notice before commencement of efforts by the City to effect cover or a cure except
upon written agreement of the Parties.
4.5. 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 performance of 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.
6. 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 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.
7. 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.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under Chapter 5 of the Municipal Code, and any other license, 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:
Exhibit "A"
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TO THE City:
Public Works Department
300 North "D" Street (3rd Floor)
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE Vendor:
Consolidated Electrical Distributors, Inc.
580 EMili St.
San Bernardino, CA 92408
Telephone: (909) 889-1071
Contact: Jay Matinez
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 enforcement of any of the terms, conditions
or provisions hereof. The costs, salary, and expenses of the San Bernardino City Attorney's
office and the members of his or her office shall be considered "attorney fees" for purposes of
this paragraph. Attorneys' fees for the City Attorney and members of his office shall be
calculated based on the market rate for comparable services.
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.
Exhibit "A"
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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. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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:
,2011
VENDOR
BY:--':c"iiUE-'~ill'L_._ .___
Its:
Dated
CITY OF SAN BERNARDINO
,2011
By:L\ItIBII (.on
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By: 1-.\IiIHIT cop,
Exhibit "A"
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2011-73
Attachment "III
(#-E D CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 EAST MILL STREET
SAN BERNARDINO. CA 92408
TELEPHONE (909) 889-1071
FAX (909) 889-1077
March 7,201 I
City of San Bernardino
Attention: Mr. Javier Ochiqui, Administrative Analyst II
Public Works Department
Enclosed please find our proposal on the related electrical items, this list was prepared
using information on items that were purchased from CED in the last 25 years
During our last conversation you asked me if the prices quoted could be held firm for (I)
year and if not, to list the terms and conditions with possible date extensions for the listed
commodities and I will try to comply.
I) Copper Wire: prices can held firm for (5) days as prices change on a daily basis
and is based on the copper index list under commodities.
2) Sylvania Lamps: Prices can be held firm for (I) year however the current contract
with Sylvania will expire on 5/31/20 I I
3) Advance Ballast: prices can be held firm for (I) year however the current
contract expires on 11116/201 I
4) Ameron Poles: because these poles are made out of concrete, prices can only be
held firm for (60) days
5) G. E. Fixtures prices can be held firm until next price change, GE always gives
30 day notice prior to price increase
I have also included a discount schedule that we apply to all other items that your
Electrical department might purchase and are not on this list. These discounts would be
taken from "Trade Service" and are based on contractor's best price.
If you have any questions or are in need of further information please feel free to contact
me.
Regards,
~v.m~
Jay V. Martinez, Outside Sales
2011-73
<lED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 South H Street San Bernardino, CA. 92410
PH: 909.889.1071 FAX: 909.383.0471
QUOTA TION*
Dale Quote No
To: City of San Bemardino-Street Lighting Department 3/1612011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQUI, MPA
Project: Parts List Page: !
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1 FISHER N7790B lWlST LOCK PHOTO CELL $8.00 E $8.00
1 GENERAL ELECTRIC M2RC07S0N2GMS31 70 WATT COBRA HEAD $130.00 E $130.00
1 GENERAL ELECTRIC M2AR10S0N2GMS31 100 WATT COBRA HEAD $156.00 E $15600
1 GENERAL ELECTRIC M2AR15S0N2GMS31 150 WATT COBRA HEAD $159.00 E $159.00
1 GENERAL ELECTRIC M2AR20S0N2GMS31 200 WATT COBRA HEAD $196.00 E $196.00
1 GENERAL ELECTRIC M2AR25S0N2GMS31 250 WATT COBRA HEAD $199.00 E $199.00
1 ADVANCE 71A797100D 70 WATT QUAD TAP $54.00 E $54.00
1 ADVANCE 71A8071001O 100 WATT QUAD TAP $61.00 E $61.00
1 ADVANCE 71A8172001O 150 WATT QUAD TAP $64.25 E $64.25
1 ADVANCE 71A8970001O 200 WATT QUAD TAP $112.00 E $112.00
1 ADVANCE 71A8251 0010 250 WATT 5-TAP $66.80 E $66.80
1 SYLVANIA LU70/PLUS/ECO (NON- CYCLING) $12.50 E $12.50
1 SYLVANIA LU 1 OO/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU150/55/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU200/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU250/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 AMERON M.B.O.7.0 W/6' ALUM. ARMS $1,73500 E $1,735.00
1 AMERON M.B.O.7.5 W/6' ALUM. ARMS $1,757.00 E $1,757.00
1 AMERON M.B.O. 8.0 W/6' ALUM. ARMS $2,435.00 E $2,435.00
1 AMERON M.B.O. 8.5 W/6' ALUM ARMS $2,450.00 E $2,450.00
UNKNOWN ORNAMENTAL POLES
SUB TOTAL: $9,645.55
FOB TAX RATE. [==:l TAlC PLUS TAX
WILL ADVISE TOTAL: $9,645.55
TERMS
Respectfully,
NET 30 DAYS
DELIVERY
CONSOUDA TED ELECTRICAL DISTRIBUTORS, INC
AS NEEDED
By JAY V. MARTINEZ
.PlEASE NOTE that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this
quotation are subject to our acceptance on the terms and conditions stated in our written Acknowledgm
FORM 1022-A
2011-73
<lED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 South H Street San Bernardino, CA. 92410
PH: 909.889.1071 FAX: 909.383.0471
QUOTA TION*
Attention:
JAVIER OCHIQQUI, MPA
Oale Quote No
31712011
Your Inquiry Dated Your Reference
Page: I
To: CITY OF SAN BERNARDINO
Project:
PARTS LIST
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1000 WIRE # 8 THHN STRANDED BLACK $0.38 E $375.00
1000 WIRE # 10 THHN STRANDED BLACK $0.25 E $250.00
1 SEQUOIA SSI IGNITER (25-49) PIECES $30.50 E $30.50
1 LITTLE FUSE LEBAA (FUSE HOLDER) $8.00 E $8.00
1 SQD 8903L040V02 4-POLE 20 AMP CONTACTOR $1.00 E $165.00
SUB TOTAL: $828.50
FOB TAXRATE:c=J TAX: PLUS TAXES
WILL ADVISE TOTAL $828.50
TERMS
Respectfully,
2% 10 NET 30 DAYS
DELIVERY
CONSOLIDATED ELECTRICAL DISTRIBUTORS.INC
AS NEEDED
By JAY V. MARTINE2
"PLEASE NOTE that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this
quotation are subject to our acceptance on the terms and conditions stated in our written Acknowledgment of order. We make no representations with respect to
compliance with job specifications. Quote expires 30 days from date above,
FORM 1022~A
2011-73
12' CCS PO Purchase Orders 16 'Mar 2011
+---------------------------Display Purchase Orders----------------------------+
a PO# 303742 Rev #Chg Orders 0 a Order Dt 02/16/11 a
a Buyer 10 SYLVIA LONDEAN a Due Date 06/30/11 a
a Vendor 7013 CONSOLIDATED ELECTRI . Close Dt
.
.
.
. PO Type
aDept
E
409
EMERGENCY
STREET LIGHTING
.
.
a Gross Amount 24,900.00 a
. Trade Discount 0.00 .
. Subtotal 24,900.00 .
. Sales Tax 0.00 .
. Value Add Tax 0.00 .
. Freight 0.00 a
a Contr# . Total Amount 24,900.00 a
a Quote# +______________________________ a
a Approval 2 Create P.O. a Budget Ok
_____________________________________________a Capital None
a Description ELECTRICAL WIRE & SUPPLIES . Printed Yes
a Special Instr a Status Open
a Entered by: J OCHIQUI . Comment a
a Requested by: N MAJAJ . Vendor notes on file. a
+------------------------------------------------------------------------------+
. Terms
a F.O.B.
a Delivery
NET 30
DESTINATION
CH CITY
HALL
a
F1-Help F3-Asst F5-Desc F6-ChgOrd F8-Claims F9-Swap F10-Menu
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PURCHASE AGREEMENT
This Purchase Agreement is entered into this 21 st day of March, 20 II,
by and between Consolidated Electrical Distributors, 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 streetlight electrical wire and
supplies; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
Vendors for the purchase of streetlight electrical wire and supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF PURCHASE AGREEMENT.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
streetlight electrical wire and supplies as set forth in Attachment" I" and incorporated herein
by this reference.
2.
COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
an invoice, shall pay the Vendor up to the amount of $100,000 for streetlight
electrical wire and supplies.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within FY 10/11.
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.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall
not affect Vendor's obligations under this warranty, and such warranty shall survive
inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects
of any goods or services not conforming to the foregoing warranty without expense to the
City, when notified of such non-conformity by City. If Vendor fails to correct the defects in
or replace non-conforming goods or services promptly, City may, after reasonable notice to
Vendor, make such corrections or effect cover, or cure, at Vendor's expense. "Reasonable
notice" for purposes of this section shall not be deemed to require more than 60 calendars
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days notice before commencement of efforts by the City to effect cover or a cure except
upon written agreement of the Parties.
4.5. 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 performance of 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.
6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in etlect policies of comprehensive public, general and automobile
liability insurance, in the amount of$I,OOO,OOO.OO combined single limit, and shall tile 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.
7. 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.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under Chapter 5 of the Municipal Code, and any other license, 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:
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TO THE City:
2011-73
Public Works Department
300 North "D" Street (3'd Floor)
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE Vendor:
Consolidated Electrical Distributors, Inc.
580 EMili St.
San Bernardino, CA 92408
Telephone: (909) 889-1071
Contact: Jay Matinez
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 enforcement of any of the terms, conditions
or provisions hereof. The costs, salary, and expenses of the San Bernardino City Attorney's
office and the members of his or her office shall be considered "attorney fees" for purposes of
this paragraph. Attorneys' fees for the City Attorney and members of his office shall be
calculated based on the market rate for comparable services.
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.
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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. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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: +/ \~ ,2011
VENDOR
By:
~1:
A
rrl -./ ';::,
Its:
t1.
Dated ??\ dfl\ ,2011
B
Approved as to Form:
James F. Penman, City Attorney
4
Attachment Ill"
2011-73
(~ED CONSOUDATED ELECTRICAL DISTRIBUTORS, INC.
580 EAST MILL STREET
SAN BERNARDINO, CA 92408
TELEPHONE (9a9) 889~1071
FAX (909) 889-1077
March 7,2011
City of San Bernardino
Attention: Mr. Javier Ochiqui, Administrative Analyst II
Public Works Department
Enclosed please find our proposal on the related electrical items, this list was prepared
using information on items that were purchased from CEO in the last 25 years.
During our last conversation you asked me if the prices quoted could be held firm for (I)
year and if not, to list the terms and conditions with possible date extensions for the listed
commodities and 1 will try to comply.
1) Copper Wire: prices can held firm for (5) days as prices change on a daily basis
and is based on the copper index list under commodities.
2) Sylvania Lamps: Prices can be held firm for (I) year however the current contract
with Sylvania will expire on 5/31/2011
3) Advance Ballast: prices can be held firm for (1) year however the current
contract expires on 11/16/2011
4) Ameron Poles: because these poles are made out of concrete, prices can only be
held firm for (60) days.
5) G. E. Fixtures prices can be held firm until next price change, GE always gives
30 day notice prior to price increase
1 have also included a discount schedule that we apply to all other items that your
Electrical department might purchase and are not on this list. These discounts would be
taken from "Trade Service" and are based on contractor's best price.
If you have any questions or are in need of further information please feel free to contact
me.
Regards,
~v.m~
Jay V Martinez, Outside Sales
2011-73
<!ED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 South H Street San Bernardino, CA. 92410
PH: 909.889.1071 FAX: 909.383.0471
QUOTA TION*
Dale Quote No
To: City of San Bemardino-Street Lighting Department 3/1612011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQUI, MPA
Project: Parts List Page: I
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1 FISHER N7790B TWIST LOCK PHOTO CELL $8.00 E $8.00
1 GENERAL ELECTRIC M2RC07S0N2GMS31 70 WATT COBRA HEAD $130.00 E $130.00
1 GENERAL ELECTRIC M2AR10S0N2GMS31 100 WATT COBRA HEAD $156.00 E $156.00
1 GENERAL ELECTRIC M2AR15S0N2GMS31 150 WATT COBRA HEAD $159.00 E $159.00
1 GENERAL ELECTRIC M2AR20S0N2GMS31 200 WATT COBRA HEAD $19600 E $196.00
1 GENERAL ELECTRIC M2AR25S0N2GMS31 250 WATT COBRA HEAD $199.00 E $199.00
1 ADVANCE 71A797100D 70 WATT QUAD TAP $54.00 E $54.00
1 ADVANCE 71A8071001D 100 WATT QUAD TAP $6100 E $61.00
1 ADVANCE 71A8172001D 150 WATT QUAD TAP $64.25 E $64.25
1 ADVANCE 71A8970001D 200 WATT QUAD TAP $112.00 E $112.00
1 ADVANCE 71A8251001D 250 WATT 5-TAP $66.80 E $6680
1 SYLVANIA LU70/PLUS/ECO (NON- CYCLING) $12.50 E $12.50
1 SYLVANIA LU 1 OO/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU150/55/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU200/PLUS/ECO (NON CYCLING) $12.50 E $1250
1 SYLVANIA LU250/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 AMERON M.B.a. 7.0 WIG' ALUM. ARMS $1,735.00 E $1,735.00
1 AMERON M.B.a. 7.5 WIG' ALUM. ARMS $1,757.00 E $1,75700
1 AMERON M.B.a. 8.0 W/6' ALUM. ARMS $2,435.00 E $2,435.00
1 AMERON M.B.a. 8.5 WIG' ALUM ARMS $2,450.00 E $2,45000
UNKNOWN ORNAMENTAL POLES
SUB TOTAL: $9,645.55
FOB TAXRATEc=J TAlt PLUS TAX
WILL ADVISE TOTAL: $9.645.55
TERMS
Respectfully,
NET 30 DAYS
DELIVERY
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC
AS NEEDED
8y JAY V MARTINEZ
.PLEASE NOTE that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this
quotation are subject to our acceptance on the terms and conditions stated in our written Acknowledgm
FORM 1022-A
2011-73
@:ED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 South H Street San Bernardino, CA. 92410
PH: 909.889.1071 FAX: 909.383.0471
QUOTA TION*
Date Quote No
To: CITY OF SAN BERNARDINO 31712011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQQUI, MPA
Project: PARTS LIST Page: I
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1000 WIRE # 8 THHN STRANDED BLACK $0.38 E $375.00
1000 WIRE # 10 THHN STRANDED BLACK $0.25 E $250.00
1 SEQUOIA SSI IGNITER (25-49) PIECES $3050 E $30.50
1 LITTLE FUSE LEBAA (FUSE HOLDER) $8.00 E $8.00
1 SQD 8903L040V02 4-POLE 20 AMP CONTACTOR $100 E $16500
SUB TOTAL $82850
FOB TAXRATEc=J TAl(- PLUS TAXES
WILL ADVISE TOTAL: $828.50
TERMS
Respectfully,
2% 10 NET 30 DAYS
DELIVERY
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
AS NEEDED
By JAY V. MARTINEZ
"'PLEASE NOTE that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this
quotation are subject to our acceptance on the terms and conditions stated in our written Acknowledgment of order. We make no representations with respect to
compliance with job specifications. Quote expires 30 days from date above.
FORM 1022-A
2011-73
12'CCS 'PO Purchase Orders 16 Mar 2011
+___________________________Display Purchase Orders----------------------------+
. PO# 303742 Rev #Chg Orders 0 . Order Dt 02/16/11 .
. Buyer 10___ SYLVIA LONDEAN . Due Date 06/30/11 .
. Vendor 7013 CONSOLIDATED ELECTRI . Close Dt
.
.
.
. PO Type
. Dept
. Gross Amount 24,900.00 .
. Trade Discount 0.00
. Terms NET 30 . Subtotal 24,900.00 .
. F.O.B. DESTINATION . Sales Tax 0.00 .
. Delivery CH CITY HALL . Value Add Tax 0.00 .
. . Freight 0.00 .
. Contr# . Total Amount 24,900.00 .
. Quote# +------------------------------ .
. Approval 2 Create P.O. . Budget Ok
_____________________________________________. Capital None
. Description ELECTRICAL WIRE & SUPPLIES . Printed Yes
. Special Instr . Status Open
. Entered by: J OCHIQUI . Comment
. Requested by: N MAJAJ . Vendor notes on file. .
+------------------------------------------------------------------------------+
E
409
EMERGENCY
STREET LIGHTING
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