HomeMy WebLinkAbout2012-234 1 RESOLUTION NO. 2012-234
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER TO JIB SUPPLY COMPANY, INC.
4 FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROLLERS AND CABINETS.
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. JTB Supply Company, Inc., of Orange, CA, submitted the lowest
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responsive bid for the purchase of five (5) traffic signal controllers and two (2) complete
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10 traffic signal controller cabinets pursuant to RFQ F-13-01.
11 SECTION 2. The City Manager is hereby authorized and directed to execute an
12 Agreement with JTB Supply Company, Inc., a copy of which is attached hereto marked
13 Exhibit A and incorporated herein.
14 SECTION 3. Pursuant to this determination the Director of Finance or his designee is
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16 hereby authorized to issue a Purchase Order to JTB Supply Company, Inc., in the amount of
17 $27,394.20.
18 SECTION 4. The Purchase Order shall reference this Resolution and shall read, "JTB
19 Supply Company, Inc. for purchase of five (5) traffic signal controllers and two (2) complete
20 traffic signal controller cabinets, not to exceed $27,394.20" and shall incorporate the terms
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and conditions of this Resolution.
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23 SECTION 5. The authorization to execute the above-referenced Purchase Order and
24 Agreement is rescinded if not issued within sixty(60)days of the passage of this Resolution.
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2012-234
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO JTB SUPPLY COMPANY, INC.
FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROLLERS AND CABINETS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a jMnr rcg„iar meeting
7 thereof,held on the 4th day of September , 2012, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ y
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11 JENKINS x
12 VALDIVIA x
13 SHORETT _x
14 KELLEY x
15 x
JOHNSON
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17 MCCAMMACK x
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19 Georg&6m HA4, City Clerk
20 The foregoing Resolution is hereby approved this day of September, 2012.
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22 ..b
23 atnc orris, Ma �
24 Approved as to form:
JAMES F. PENMAN,
25 City Attorney
26 By:
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2012-234
VENDOR MATERIALS PURCHASE AGREEMENT
This Vendor Materials Purchase Agreement is entered into this 4th day of
September 2012, by and between JTB SUPPLY COMPANY, INC., ("VENDOR") and the
City of San Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to purchase traffic signal controllers and traffic signal
controller cabinets; and
WHEREAS, the CITY solicited quotes from available vendors for the purchase of
traffic signal controllers and traffic signal controller cabinets; and,
WHEREAS, VENDOR is the lowest responsive bidder to provide said materials and
products to CITY; and
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF PRODUCTS AND MATERIALS.
For the remuneration stipulated, CITY hereby purchases from VENDOR those
products and materials as set forth in RFQ F-13-01, a copy of which is on file in the Public
Works Department and attached and incorporated herein as Attachment"I".
2. COMPENSATION AND EXPENSES.
a. For the products and materials delineated above, the CITY, upon presentation of
an invoice, shall pay the VENDOR up to the amount of $27,394.20, for the
purchase of traffic signal controllers and traffic signal controller cabinets pursuant
to RFQ F-13-01.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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2012-234
3. TERM; TERMINATION.
The term of this agreement shall be from September 4, 2012 through December 31,
2012.
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 the current term
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 actual or alleged act or omission of VENDOR, its
employees, agents, or subcontractors, relating to or in any way connected with the sale of
products or materials to the CITY 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 sale of products or materials to the CITY under this Agreement.
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2012-234
5. 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.
6. INDEPENDENT CONTRACTOR.
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 VENDOR's
performance hereunder.
7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business
registration certificate pursuant to Title 5 of the San Bernardino 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.
8. 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
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2012-234
TO THE VENDOR: JTB Supply Company, Inc.
1030 North Batavia, Suite A
Orange, CA 92867
Telephone: (714) 639-9498
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 from performing VENDOR's obligations under 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,
Eastern Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
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2012-234
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
convenience 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.
16. 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.
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2012-234
VENDOR MATERIALS PURCHASE AGREEMENT
JTB SUPPLY COMPANY, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: Z ( 2012 JTB SUP LY COMPANY, INC.
By: p
Name/Title: C j
Dated f�Z 2012 CITY OF SAN BERNARDINO
By: a
Andrea Travis-Miller,
Acting City Manager
Approved as to form:
James F. Penman, City Attorney
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2012-234
RFQ F-13-01
Traffic Controllen&Cabinels
PRICE FORM
REQUEST FOR QUOTES: RFQ F-13-01
DESCRIPTION OF RFQ: Traffic Controllers & Cabinets
COMPANY NAME:
ADDRESS: X030 N. 91 h a o! { . Al
NAME AUTHORIZED 1l!�na / Mow
REPRESENTATIVE 'f W
PRINT NAME 7/y L31- 1?y?r
TELEPHONE NUMBER qlll—� 39— q` epp
FAX NUMBER
E-MAIL ADDRESS n
UNIT ITEM UNIT COST FIRM FIXED PRICE
5 170E Traffic Signal Controller, Quad $r
ACIA, Caltrans QPL, including:
- 412C PROM Module
- Blank 270256 EPROM & PROM configuration
for BI-Tran local intersection software program
2 170E/332 Traffic Signal Controller $ 9� $ /? 3Y0
Cabinet, complete, including:
1 332 Cabinet, anodized aluminum
1 170E Controller
1 Corbin #2 Lock, left
1 Corbin #2 Lock, right
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2012-234
urQ r-a-o l
Traffic Conlrollers&Cabincls
1 412B PROM Module
1 210 Conflict Monitor
1 400E Modem
1 C-1 Cable
2 204 Flasher
3 242 DC Isolator
4 430 Flash-Transfer-Relay
12 200 Loadswitch
12 222 Detector
1 Fluorescent Lamp Kit, 1 light, 2 switch
1 Drawer/Shelf f for 332
TOTAL: QD U s $ 25, �I�r7 $ 02_�4
dulu�'y l�grx 9a� 3�y
Beginning on or about September 1, 2012 i routgl h June 30, 2013 plus four (4) single-year
renewal options, for City's partial requirements, on an as-needed basis, with no guaranteed
usage for Traffic Controller& Cabinets.
Option Year one, if exercised, shall be effective July 1, 2013 through June 30, 2014.
Option year two, if exercised, shall be effective July 1, 2014 through June 30, 2015,
Option Year three, if exercised, shall be effective July 1, 2015 through June 30, 2016.
Option Year four, if exercised, shall be effective July 1, 2016 through June 30, 2017.
Are there any other additional or incidental costs that will be required b o r firm in
order to meet the requirements of the Proposal Specifications? Yes / N (circle
one). If you answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Proposal Specifications that cannot be met by your
firm.
Have you included in your proposal all informational items and forms as requested?G
! No . (circle one). if you answered "No", please explain:
This offer shall remain firm for 120 days from RFQ close date.
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