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HomeMy WebLinkAbout05.O- Public Works RESOLUTION (ID #2755) DOC ID: 2755 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Purchase Order From: Tony Frossard M/CC Meeting Date: 11/18/2013 Prepared by: Linda Dortch, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Increase to Annual Purchase Order 2014-28 by $20,000 for an Amount Not to Exceed $44,900 for FY 13/14 to Allied Refrigeration for the Purchase of Air Conditioner Parts. (#2755) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $261,400 Account No. 001-400-0037-5507 Account Description: Facilities Services Balance as o£ 11/04/2013 $97,967.48 Balance after approval of this item: $77,967.48 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: The Public Works Department, Facilities Maintenance Division, is responsible for repairing and maintaining air conditioner and heating units in City buildings. As the equipment ages, replacement parts are required to maintain the units in good operating condition. This fiscal year there has been an increase in the number of repairs to the units. Staff solicited quotes from local vendors for air conditioner parts. On September 5, 2013 the Finance Department issued annual Purchase Order 2014-28 to Allied Refrigeration in the amount of$24,900. In order to meet the demand of increased maintenance and repair costs, staff is requesting that the annual Purchase Order be increased by$20,000 for a total of$44,900 for FY 13/14. Staff recommends that the Mayor and Common Council authorize the execution of a Vendor Purchase Agreement and increase to Annual Purchase Order 2014-28 by$20,000 for an amount not to exceed $44,900 for FY 13/14 to Allied Refrigeration for the purchase of air conditioner parts. Co City Attorney Review: Updated: 11/13/2013 by Jolena E. Grider A Packet Pg.238 2755 Supporting Documents: reso 2755 (PDF) agrmt 2755 (PDF) Attachment 1 to Agreement-Quotes (PDF) `t. Updated: 11/13/2013 by Jolena E.Grider A 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 3 PURCHASE AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 4 2014-28 BY $20,000 FOR AN AMOUNT NOT TO EXCEED $44,900 FOR FY 13/14 TO ALLIED REFRIGERATION FOR THE PURCHASE OF AIR CONDITIONER 5 PARTS. 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby o w 9 authorized and directed to execute on behalf of said City a Vendor Purchase Agreement, a M 10 copy of which is attached hereto marked Exhibit A and incorporated herein by reference as I1 fully as though set forth at length. a 12 0 SECTION 2. That pursuant to this determination the Director of Administrative a 13 14 Services or his designee is hereby authorized to increase Annual Purchase Order 2014-57 by d L 15 $20,000 for an amount not to exceed $44,900 for FY 13/14 to Allied Refrigeration for the LO 16 purchase of air conditioner parts. N 17 Ln SECTION 3. The Purchase Order shall reference this Resolution Number and shall N 18 0 read, "Allied Refrigeration for the purchase of air conditioner parts. Agreement not to exceed d 19 ; 20 $44,900 for FY 13/14"and shall incorporate the terms and conditions of the agreement. E 21 SECTION 4. The authorization to execute the above referenced Purchase Order and a 22 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 23 passage of this resolution. 24 25 26 27 /ll 28 Packet Pg'�.24Q I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 2 PURCHASE AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 2014-28 BY $20,000 FOR AN AMOUNT NOT TO EXCEED $44,900 FOR FY 13/14 TO 3 ALLIED REFRIGERATION FOR THE PURCHASE OF AIR CONDITIONER 4 PARTS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2013, by the following vote, to wit: o 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 JENKINS a Lo 13 VALDIVIA a 14 SHORETT 15 VACANT 16 N 17 JOHNSON ti 18 MULVIHILL c N d L 19 d 20 Georgeann Hanna, City Clerk 21 a The foregoing resolution is hereby approved this day of ,2013. 22 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 Approved as to form: 26 GARY D. SAENZ, 27 City Attorney 28 B 5.0.b VENDOR PURCHASE AGREEMENT BETWEEN ALLIED REFRIGERATION, INC. AND THE CITY OF SAN BERNARDINO This Vendor Purchase Agreement is entered into this 18th day of November, 2013, by and between Allied Refrigeration, 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 c and in the best interest of the CITY to acquire air conditioner parts and; WHEREAS, The City of San Bernardino did solicit and accept quotes from available T d vendors for such air conditioner parts; and WHEREAS,VENDOR is the lowest bidder to provide said materials to City; and c w 0 NOW,THEREFORE,the parties hereto agree as follows: a. d 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of ti N VENDOR to provide those products and materials as set forth in quote dated April 2, 2012, a LO ti copy of which is on file in the Public Works Department and is attached hereto as Attachment 4 L "I" and incorporated here by this reference. '4 w d 2. COMPENSATION AND EXPENSES. E a. For the services delineated above, the CITY, upon presentation of an invoice, shall a pay the VENDOR up to the amount of$44,900 for FY 13/14 for the purchase of air conditioner parts. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from November 18,2013 through June 30,2014. Exhibit"A" 1 Packet Pg.242, OThis Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of c IF w any kind and nature arising from bodily injury, including death, or property damage, based or PL asserted upon any or alleged act or omission of VENDOR, its employees, agents, or W2 a� subcontractors, relating to or in any way connected with the accomplishment of the work or q L O performance of service under this Agreement, unless the bodily injury or property damage was p a 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 Ln its own expense, including attorney's fees the City, its elected officials, employees, agents or Lo representatives from any and all legal actions based upon such actual or alleged acts or N E omissions. VENDOR hereby waives any and all rights to any types of express or implied Lo, indemnity against the City, its elected officials, employees, agents or representatives, with E respect to third party claims against the VENDOR relating to or in any way connected with the r a accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Exhibit"A" 2 Packet Pg.243 5.©.b 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 at least 30 days prior y to any change in or termination of the policy. a b. 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, c 0 discrimination in employment of persons because of their race, religion, color, national origin, L ancestry, age, mental or physical disability,medical conditions,marital status, sexual gender or w d sexual orientation,or any other status protected by law. Q L 0 7. INDEPENDENT CONTRACTOR. o a m VENDOR shall perform work tasks provided by this Agreement, but for all intents and L V purposes VENDOR shall be an independent contractor and not an agent or employee of the c Ln LO CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Lo Income Tax, Social Security, State Disability Insurance Compensation, Unemployment N E Compensation, and other payroll deductions for VENDOR and its officers, agents, and 6 employees, and all business license, if any are required, in connection with the services to be performed hereunder. w a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. Exhibit"A" 3 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: TO THE CITY: Public Works Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909)384-5140 TO THE VENDOR: Allied Refrigeration, Inc. 404 South"I" Street c 0 San Bernardino, CA 92410 Telephone: (909) 884-1885 0 Contact: Jeffrey Melton d 10.ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, w 0 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, W U) 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 LO ti N_ provisions hereof. Attorney's fees for the City Attorney and members of his office shall be LO LO Fl- calculated based on market rate for comparable services. as 11. ASSIGNMENT. f° _ a� VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or M �a w encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior Q 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. Exhibit"A" 4 Packet Pg:.7245 5O.br _ 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. 12. GOVERNING LAW. c 0 This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. d This Agreement shall be binding on and inure to the benefit of the parties to this Agreement Q L O and their respective heirs, representatives, successors, and assigns. p a 14. HEADINGS. d L V The subject headings of the sections of this Agreement are included for the purposes of LO to convenience only and shall not affect the construction or the interpretation of any of its LO provisions. N E 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to E be invalid or unenforceable for any reason, such determination shall not affect the validity or a enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner Exhibit"A" 5 of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. c 0 L �L NN� I.L d Q L- 12 W O a. (D 0) L V LO LO ti N LO Ln ti N r E L V QD E EL A V R rt+ Q Exhibit"A" 6 ILIPacket Pg.247 VENDOR PURCHASE AGREEMENT BETWEEN ALLIED REFRIGERATION,INC.AND THE CITY OF SAN BERNARDINO IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2013 ALLIED REFRIGERATION, INC. BS: .2 L �L Dated ,2013 CITY OF SAN BERNARDINO as By: a Allen J. Parker, City Manager o Approved as to Form: o Gary D. Saenz, City Attorney a. d d L By: _ LO LO N LO LO ti N r E L cm R w E V cc �F+ Q Exhibit"A" 7 Packet Pg.248 REQUEST FOR QUOTATION-THIS IS NOT AN ORDER FROM THE CITY OF SAN BERNARDINO Public Works Department 300 No. D Street,San Bernardino,CA 92498 (909)384-5020 FAX(909)384-5059 ISSUE ORG REQ REPLY DATE DEPT NO# TYPE DUE BY VENDOR NAME Allied Refrigeration inc. c 2 r VENDOR ADDRESS 404 South I Street c° a� CITY, STATE,ZIP San Bernardino, CA,92410 - PHONE 909.884.1885 FAX 909.885.4894 CONTACT Jeff Melton PLEASE RESPOND WITH NO BID IF NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM BID LIST, Q UNIT %_ ITEM# DETAIL DESCRIPTION OF PRODUCT OR SERVICE QUAN UOM PRICE TOTAL PRICE O a- 1 Alco Drier# EK163S 1 ea, j 0 e) cc L 2 Arrowhart Contactor#60030 1 ea. 4.$D a D LO D 3 Krueter Reset Control# CSC-3011 1 ea 7 N N 4 An Smith Motor#GF2034 1 ea, �eZ bi 6 2,p 1 o 5 Fasco Motor# D7909 !L Z (p = E Subtotals.. d Include all other applicable charges a (Freight, Sales Tax, Service Charge,etc. Tax 9% o City requires "Full Freight Allowed", unless freight Freight a charges are specifically quoted herein. Total BidD�.S Q QUOTED PRICES SHALL BE EFFECTIVE 719112 THROUGH 6130113 CITY CONTACT- NO CHARGE~WILL BE ALLOWED OVER AND ABOVE PRICES QUOTED ON THIS SHEET. THE RIGHT IS RESERVED E TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM, SEPARATELY OR AS A WHOLE, IF SUBSTITUTES ARE OFFERED, MAKE FULL EXPLANATION AND INCLUDE BROCHURES FROM THE MANUFACTURER. Full Freight Destination Will Call Net 90th Will Call Allowed QUOTE DATE FOB POINT SHIP VIA TERMS DELIVERY DATE FREIGHT VENDORS SIGNATURK{ � TITLE / S �yf�Y✓ C' Y TELEP# p PLEASE PRINT NAME r QUOTED PRICES EFFECTIVE 711112 thru 6(30113 Request for Quotation.xls Packet Pg. 249 ANNUAL PURCHASE ORDER Effective on or about July 1, 2012 through June 30, 2013 plus two (2) single-year renewal options, at the City's discretion for City's requirements. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 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. All pricing shall be FIRM FIXED pricing for the length of the agreement. At the discretion of the City, � pricing may be adjusted, prior to exercising of any given option year to renew based on the CPI. 2 r M L Are there any other additional or incidental costs which will be required by your firm in order to meet W the requirements of the Technical Specifications? Yes fl o (circle one). If you answered "Yes", please provide detail of said additional costs: d L O O CL m O Please indicate any elements of the Technical Specifications that cannot be met by your firm. NaN�" ti N N d O d Have you Included in your bid all informationsl items and forms as requested?(Yes / No (circle E one). If you answered "No", please explain: E a� L Q O .ir .F+ This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. a Cash discount allowable °/ow days; unless otherwise stated, payment terms are: Net thirty (30) E days. Vendor's Signature: Date Signed: FY 12/13 S.O.c REQUEST FOR QUOTATION-THIS IS NOT AN ORDER FROM THE CITY OF SAN BERNARDINO Public Works Department 300 No.D Street,San Bernardino,CA 92418 (909) 384-5020 FAX(909) 384-5059 ISSUE ORG REQ REPLY DATE DEPT NO# TYPE DUE BY VENDOR NAME Johnstone Supply c 2 VENDOR ADDRESS 485 South I Street L d CITY, STATE,ZIP San Bernardino, CA, 92410 PHONE 909.383.3737 FAX 909.3833747 CONTACT John Thompson PLEASE RESPOND WITH NO BID IF NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM BID LIST. a L UNIT 0 ITEM# DETAIL DESCRIPTION OF PRODUCT OR SERVICE 1 QUAN UOM PRICE TOTAL PRICE a 1 Alco prier# EK1635 2 Arrowhart Contactor#60030 5 s (,� .1 /, 1 ea ` �a qs LO O 3 Krueter Reset Control# CSC-3011 ���' 1 ea N 4 AO Smith Motor# Gf2034 1 ea. ' o 5 Fasco Motor# D7909 1 ea. 5d �S 50 CY c d E Subtotal Include all other applicable charges a (Freight, Sales Tax, Service Char e,etc) Tax 9% 1. ��] o City requires "Full Freight Allowed", unless freight Frei ht , charges are specifically quoted herein. Z E �T Total Bid a QUOTED PRICES SHALL BE EFFECTIVE 7111/12 THROUGH 6130/13 CITY CONTACT- m NO C14ARGE WILL BE ALLOWED OVER AND ABOVE PRICES QUOTED ON THIS SHEET, THE RIGHT IS RESERVED E TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM, SEPARATELY OR AS A WHOLE. IF SUBSTITUTES ARE m OFFERED, MAKE FULL EXPLANATION AND INCLUDE BROCHURES FROM THE MANUFACTURER, Q ___ Full Freight Destination Will Call Net 10th Will Call Allowed QUOTE DATE FOS POINT SHIP VIA TERMS DELIVERY DATE FREIGHT VENDORS SIGNATURE !C, TITLE % i AjA�»c°'Y . TELEP# 6 3 PLEASE PRINT NAME � °j�r�, Asa. l QUOTED PRICES EFFECTIVE 711112 thru 6/30113 Request for Quotation.xls Packet Pg. 251