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HomeMy WebLinkAbout22- Public Works CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIO R I G I N A L From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Works Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order Date: August 16, 2010 in the amount of $140,000 to Zumar Industries, Incorporated for the purchase of traffic signs. Meeting Date: September 7, 2010 Synopsis of Previous Council Action: July 6, 2009—Resolution 2009-197—The Mayor and Common Council authorized the execution of an agreement and issuance of a Purchase Order in the amount of $140,000 to Zumar Industries, Incorporated for purchase of traffic signs located throughout the City of San Bernardino. Recommended Motion: Adopt Resolution. Signature Contact person: Randy Kuettle, Phone: 5140 Acting Director Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Attachment"1" and°2" FUNDING REQUIREMENTS: Amount: $140,000 Source: FY 10-11 001-400-5111-0000-0093 (Materials& Supplies) Finance: Council Notes: Agenda Item No. M A �^A A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: 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. Background: The Public Works Department, Street Division is responsible for the Sign Maintenance Program. Staff manufactures a small portion of the signs and an outside vendor supplies the majority of all other signs located throughout the City. On October 16, 2006, per Resolution 2006-372, the Mayor and Common Council authorized the execution of an agreement with Zumar Industries Incorporate for the purchase of traffic signs in the amount of$86,897. The contract term was for one year with the ability to renew up to four years, per Bid Specifications SB# 1-06 (Attachment"I"). On July 16, 2007, per Resolution 2007-311, staff exercised option year one for FY 07-08 and increased the amount to $120,000. On August 4, 2008, per Resolution 2008-317, staff exercised option year two for FY 08-09 in the amount of$120,000. On April 20, 2009, per Resolution No. 2009-90, the Mayor and Common Council authorized the execution of an amendment to the Agreement and an increase to Purchase Order 302330 by an additional $20,000 for FY 08-09. On July 6, 2009, per Resolution 2009-197, staff exercised option year three for FY 09-10 in the amount of$140,000. On April 12, 2010, Zumar Industries sent the City of San Bernardino a letter stating that they would like to extend the contract for year four from, July 1, 2010 through June 30, 2011 without changing the pricing or terms of their contract(See Attachment"2"). Staff recommends acceptance of the fourth contract renewal year for FY 10-11. Zumar has been very responsive to our sign requirements. Staff recommends that the Mayor and Common Council authorize the execution of an Agreement and issuance of a Purchase Order in the amount of$140,000 to Zumar Industries, Incorporated for purchase of traffic signs located through the City of San Bernardino. The sign system is a critical link for the control of vehicular traffic and enforcing of all traffic laws. The sign system is made up of Regulatory signs, Warning signs, and Guide signs. The Sign Maintenance Program is essential to keep the traffic sign system in working order. Financial Impact: Funds have been budgeted in the FY 10-11 Budget, Account No. 001-400-5111-0000-0093 (Materials and Supplies) in the amount of$140,000. Account Number 001-400-5111-0000-0093 Budgeted Amount: $255,000 Balance as of August 16, 2010: $255,000 Balance after approval of this item: $115,000. Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yetprocessed Recommendation: Adopt Resolution. 1 RESOLUTION NO. 00 [py 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 IN THE AMOUNT OF $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC 4 SIGNS. 5 WHEREAS, Zumar Industries, Incorporated previously submitted the lowest bid for 6 the purchase of traffic signs per SB# 1-06; and, 7 WHEREAS, by execution of the Agreement hereby adopted, the parties wish to 8 9 exercise the fourth option to extend their original agreement as set forth in Bid Specification 10 SB# 1-06 for the period of July 5, 2010 to June 30, 2011 and to otherwise amend the original 11 agreement to conform; and, 12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 13 CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 15 execute on behalf of said City an Agreement between the City of San Bernardino and Zumar 16 Industries Incorporated, a copy of which is attached hereto, marked as Exhibit "A", and 17 incorporated herein by this reference as fully as though set forth at length. 18 SECTION 2. That pursuant to this determination the Director of Finance or her 19 20 designee is hereby authorized to issue a purchase order to Zumar Industries, Inc. in the amount 21 of$140,000 for FY 10-11. 22 SECTION 3. The Purchase Order shall reference this Resolution Number and shall 23 read, "Zumar Industries, Inc. for traffic sign materials. Agreement not to exceed $140,000" 24 and shall incorporate the terms and conditions of the agreement. 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC 3 SIGNS. 4 SECTION 4. The authorization to execute the above referenced Purchase Order and 5 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 6 passage of this resolution. 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $140,000 TO ZUMAR INDUSTRIES, INCORPORATED FOR THE PURCHASE OF TRAFFIC 3 SIGNS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of 2010,by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 - - By: � enj, 25 es F. Penman, City Attorney 26 27 28 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 7th day of September 2010, by 3 and between Zumar Industries, Incorporated ("VENDOR") and the City of San Bernardino 4 ("CITY"or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to acquire traffic sign and related items; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for such sign materials per SB#1-06; and, 11 NOW,THEREFORE,the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. 13 For the remuneration stipulated, San Bernardino hereby engages the services of © 14 VENDOR to provide those products and services as set forth in SB#1-06, for traffic signs, 15 16 dated August 9, 2006, Attached hereto as Attachment "1" and incorporated herein by this 17 reference. This Agreement supersedes any inconsistent provision of any prior Agreement 18 between the parties respecting the goods and services to be delivered hereunder. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR up to the amount of$140,000, for the purchase of traffic signs at 23 the price set forth in Attachment"1." 24 —�No-other-expenditures-made by-VENDOR shall be reimbursed by CITY. 25 3. TERM; TERMINATION. 26 The term of this agreement shall be from September 7,2010 through June 30, 2011. 27 28 Exhibit"A" 1 1 This Agreement may be terminated at any time by thirty (30) days' written notice by 2 either party. The terms of this Agreement shall remain in force unless amended by written 3 agreement of the parties executed on or before the date of expiration of current term of the 4 agreement. 5 4. INDEMNITY. 6 7 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 8 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 9 any kind and nature arising from bodily injury, including death, or property damage, based or 10 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 11 subcontractors, relating to or in any way connected with the accomplishment of the work or 12 performance of service under this Agreement, unless the bodily injury or property damage was 13 actually caused by the sole negligence of the City, its elected officials, employees, agents or 14 15 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 16 own expense, including attorney's fees the City, its elected officials, employees, agents or 17 representatives from any and all legal actions based upon such actual or alleged acts or 18 omissions. Vendor hereby waives any and all rights to any types of express or implied 19 indemnity against the City, its elected officials, employees, agents or representatives, with 20 respect to third parry claims against the Vendor relating to or in any way connected with the 21 22 accomplishment of the work or performance of services under this Agreement. 23 5. INSURANCE. 24 - While-mot restricting-or-limiting-the-foregoing;during the-term-of this-Agreement,--- 25 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 26 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 27 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk 28 Exhibit"A" 2 1 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 2 additional named insured in each policy of insurance provided hereunder. The Certificate of 3 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 4 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 5 change or termination of policy. 6 6. NON-DISCRIMINATION. 7 8 In the performance of this Agreement and in the hiring and recruitment of employees, 9 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 10 discrimination in employment of persons because of their race, religion, color, national origin, 11 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 12 sexual orientation, or any other status protected by law. 13 7. INDEPENDENT CONTRACTOR. 14 15 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 16 purposes VENDOR shall be an independent contractor and not an agent or employee of the 17 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 18 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 19 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 20 employees, and all business licenses, if any are required, in connection with the services to be 21 performed hereunder. 22 23 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. mm"n 24 �"i. .vanniits that-it-possesses or shall-obi ' 25 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 26 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 27 to practice its business or profession. 28 Exhibit"A" 3 I NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service,postage prepaid and addressed as follows: 4 TO THE CITY: Public Works Director 5 300 North"D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Zumar Industries, Incorporated 8 9719 Santa Fe Springs Road Santa Fe Springs, CA 90670 9 Telephone: (962) 941-4633 Contact: Erik Gustafson 10 9. ATTORNEYS' FEES. 11 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 p rovisions hereof. The costs salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees"for the purposes of this paragraph. 20 10. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 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 25 26 Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR 27 28 Exhibit"A" 4 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 11. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 8 Riverside Division. The aforementioned choice. of venue is intended by the parties to be 9 mandatory and not permissive in nature. 10 12. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 13. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 14 15 and their respective heirs,representatives, successors, and assigns. 16 14. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 15. SEVERABILITY. 21 If any provision of this Agreement is determined by a court of competent jurisdiction to 22 23 be invalid or unenforceable for any reason, such determination shall not affect the validity or 24 -enforceability ofthe-remainingterms-and provisions hereofor of the offend'n 25 other circumstance, and the remaining provisions of this Agreement shall remain in full force 26 and effect. 27 28 Exhibit"A" 5 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /u 25 26 27 4 28 Exhibit "A" 6 1 VENDOR SERVICE AGREEMENT ZUMAR INDUSTRIES, INCORPORATED 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2010 Zumar Industries, Incorporated 7 By: 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: uo (/ 14 J F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 �— ATTACHMENT °I° Page•of City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. SB#1-06 TRAFFIC SIGNS NOTICE: `SPECIAL INSTRUCTIONS TO THE BIDDER" Requirements: Bidder shall complete right-hand column 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 Manufactured traffic signs and sign faces. The contract term will be a one Year contract with the ability to renew up to four years. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORYI ACCEPTABLEIASSPECIFIED 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 .S 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 (10)working days. F. The price quote shall be for the fiscal year 2006- 2007. ZUMAR INDUSTRIES, INC 9719 SANTA FE SPRINGS RD. Nd Spec.N F-oi*' SANTA FE SPRINGS CA 90V7 Page of G. All quotes shall be on form provided furnished by Public Services Department. H. All signs must have date and manufacture screen printed in right hand corner in'A"inch letters. L 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 any one of the following circumstances: A. If the contractor fails to J make delivery of the supplies 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–Sheet Unit Price Total Price 1. Diamond Grade tvpe 9 Florescent colors 1,000 Sq. Ft. Jr•� �'• 6'47 2. Diamond Grade type 9 standard colors 3,000Sq.Ft. ��.R / C 7C 3. High Intensity Grade type 4 prismatic 3,000 Sq. Ft. /• �� �7�d �'�' 4. Engineer grade type I 3,000 Sq. Ft Yz �/i r�• c:D 3 /lure 4-,.71 <r=41--irri ,.rc�•ry /- �Lr —4 -eri lyGo Aluminim Blanks 5052H38 Ain X �pl.e csa.r% 1. Aluminum.125 3,000 Sq.Ft. / J/ 5 %•oc 2.—Aluminum "04,506Sq.ft. 3. Aluminum 0.63 2,000 Sq. Ft. •; '� P� c 0 4, Extruded Blade 6'X 24"600 Ln.. Ft. • !I U /.7.>�. r`r 5. Extruded Blade 6"X 30"600 Ln. Ft 2 > y' ii•l4' eF jkir)USTRES, It-1— g 719 SANTA FE SPRINGS RD. Bid Spec.s F-ot" 'zAti'A r-E 3PFC-Nh?S. re, RnR7n Page of 6. Extruded Blade 6"X 36"600 Ln. Ft. a.53 v0 7. Extruded Blade 6"X 42"600 Lq.Ft. .1. 7 �fX!•Do 8. Extruded Blade 6'X 48"600 Lq. Ft. jFq DO Please fill in all rieht hand columns and sign bid sheet.Mail to: City of San Bernardino ATM: 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. t Signed Jzl Ilz ?v �t Date (Name&Title 6f Person Prepared the Bill) Signed 1 Date (Owner of Business or Designee) ZUMAR INDUSTRIES, INC 9719 SANTA FE SPRINGS RD. Bid Spec.#F-OI-" Attachment "2" April 12, 2010 City of San Bernardino Attn: Randy Kuettle 234 S. Mountain View San Bernardino, CA 92408 Subject Renewal 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 relationship with the City of San Bernardino and look forward to serving your needs in the future. Sincerely, &z Q,tq�" Erick Gustafson Acct. Manager Zumar Ind.