HomeMy WebLinkAbout2011-078
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 NO. 2011-78
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 $74,900 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
STREETLIGHT POLES.
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
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 this purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code,
"Purchases approved by the Mayor and Common Council."
SECTION 3. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Consolidated Electrical Distributors,
Inc. in the amount of$74,900 for FY 10-11.
SECTION 4. The Purchase Order shall reference this Resolution Number and shall
read, "Consolidated Electrical Distributors, Inc. for the purchase of streetlight poles.
Agreement not to exceed $74,900" and shall incorporate the terms and conditions of the
agreement.
SECTION 5. 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Agreement is rescinded if it is not executed by both parties within sixty (60) days of the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
2011-78
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 $74,900 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
STREETLIGHT POLES.
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
4th day of April
,2011, by the following vote, to wit:
on the
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
x
VACANT
x
BRINKER
x
SHORETT
x
KELLEY
JOHNSON
x
x
MCCAMMACK
a (~ ;[:;t. ~uJ(
Rac1lel G. Clark, City Clerk
The foregoing resolution is hereby approved this S Tl+ day of Apri 1
2011.
~
City of San Bernardino
Approved as to Form:
1
2
3
.
5
6
7
8
9
10
11
12
13
Jj
15
16
17
18
19
20
21
22
23
2f
25
216
%1
28
2011-78
PURCHASE AGREEMENT
This Purchase Agreement is entered into this 4th day of April, 2011,
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 poles.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
streetlight poles as set forth in Attachment "1" 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 $74,900 for streetlight poles.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within FY 10111.
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
days notice before commencement of efforts by the City to effect cover or a cure except
upon written agreement of the Parties.
Exhibit "A"
1
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
"Z1
28
2011-78
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$I,OOO,OOO.OO 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"
2
1
2
3
4
5
6
7
8
9
10
11
12
13
U
15
16
17
18
19
20
21
22
23
2f
25
26
"E1
28
2011-78
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 East Mill Street
San Bernardino, CA 92408
Telephone: (909) 889-1071
Contact: Jay Martinez
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"
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2(
25
26
?:1
28
2011-78
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: L'\IIIBII ( 01'\
Its:
Dated
CITY OF SAN BERNARDINO
,2011
By:..L '\ 11.UIJJ..J-.l)fL______
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
BY:J .\IIIBII COP\
Exhibit "A"
4
At tachment 111"
2011-78
~ED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 East Mill Street San Bernardino, CA. 92408
PH: 909.889.1071 FAX: 909.383.0471
QUOTA TION*
Dale Quote No
To: CITY OF SAN BERNARDINO 3/15/2011 REVISED
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQUI 3/17/2001 REVISED
Project: POLES QUOTE REQUEST Page: I
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
20 AMERON MBO 70 113 AG W/6' ALUM ARM $1,553.00 e $31,060.00
20 AMERON MBO 7.5 113 AG W/6' ALUM ARM $1.573.00 e $31,46000
20 AMERON MBO 8.0113 AG W/6' ALUM ARM $1,608.00 e $32,16000
20 AMERON MBO 8.5 113AG W/6' ALUM ARM $1,654.00 e $33,080.00
20 AMERON 1C1-28F8 #37AG W/8' LMA $1,439.50 e $28,790.00
20 AMERON 1C1-25F8 #37AG W/6' LMA $1,342.00 e $26,84000
20 AMERON 1C1-23F6 #37AG W/6' LMA $1,323.75 e $26,475.00
INCL FRT TO CITY YARD VIA FLA TBED TRUCK CITY -
1 FRT/POLES UNLOAD
PRICES HELD FIRM FOR 30 DA YS
SUB TOTAL: $209,865.00
F,O,S TAX RATE:c=J TAX
SEE ABOVE TOTAL $209,865.00
TERMS
Respectfully,
NET 30 DAYS
DELIVERY
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC
8-12 WEEKS
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2(
25
26
"r1
28
2011-78
PURCHASE AGREEMENT
This Purchase Agreement is entered into this 4th day of April, 2011,
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 poles.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
streetlight poles as set forth in Attachment',\,' 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 $74,900 for streetlight poles.
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 tit 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 notitied 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
days notice before commencement of efforts by the City to etTect cover or a cure except
upon written agreement of the Parties.
I
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
2011-78
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:
2
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
2011-78
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 East Mill Street
San Bernardino, CA 92408
Telephone: (909) 889-1071
Contact: Jay Martinez
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.
3
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
2011-78
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:4/\!'J ,2011
VENDOR
By:
h
v.m~
Its:
:T.v. H.
Dated
~//J~( ,2011
By
Char es McNeely, Ci
Approved as to Form:
James . Penman, City Attorney
.f~
4
2011-78
Attachment "I"
<lED
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 East Mill Street San Bernardino, CA. 92408
PH: 909.889.1071 FAX: 909.383.0471
QUOTATION*
Date Quole NO
To: CITY OF SAN BERNARDINO 3115/2011 REVISED
Your Inquiry Dilllld Your Reference
Attention: JAVIER OCHIQUI 3/1712001 REVISED
Project: POLES QUOTE REQUEST Page: I
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
20 AMERON MBO 7.0 113AG W16' ALUM ARM $1.553.00 e $31060.00
20 AMERON MB07.5113AG W/6'ALUMARM $1.573.00 e $31.460.00
20 AMERON MBO 8.0 113 AG W16' ALUM ARM $1,608.00 e $32.160.00
20 AMERON MBO 8.5 113AG W/6' ALUM ARM $1,654.00 e $33.080.00
20 AMERON 1C1.28F8 #37AG W/8' LMA $1.439.50 e $28,790.00
20 AMERON 1C1.25F8 #37AG W16' LMA $1.342.00 e $26.840.00
20 AMERON 1Cl.23F6 #37AG W16' LMA $1,323.75 e $26.475.00
INCL FRT TO CITY YARD VIA FLA TBED TRUCK CITY -
1 FRTIPOLES UNLOAO
PRICES HELD FIRM FOR 30 OA YS
SUB TOTAL" $209,865.00
F,G.S TAX ~TE:c:=J TAX:
SEE ABOVE TOTAL $209,86500
TERMS
Respectfully,
NET 30 DAYS
OELlVERY
CONSnllJATED EL!:CTRICAL DISTRIBUTORS, INC
8-12 WEEKS
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