HomeMy WebLinkAbout11- Public Works ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director of Subject: Resolution of the Mayor and
Public Works Common Council of the City of San
Bernardino authorizing the execution of an
Dept: Public Works—Operations and Agreement and issuance of a Purchase Order
Maintenance Division(O&M) in the amount of $74,900 to Consolidated
Electrical Distributors, Inc. for the purchase
Date: March 17, 2011 of streetlight poles.
Meeting date: April 4, 2011
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
Signature
Contact person: Nadeem Majaj, Director of Public Works Phone: 384-5140
Supporting data attached: Staff Report, Resolution, Ward: All
Attachment"1" and Purchase
Agreement
FUNDING REQUIREMENTS: Amount: $74,900
Source: (Acct. Nos.) FY 10/11
258-160-5504-7580-0025
Acct. Description: Capital Improvement
Project SS05-024
Streetlight Poles &
Electrical Systems
Replacement
Finance:
Council Notes: ,l Zia "L611 7�
T
Agenda Item No.
A ,1 ni / -)All
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 $74,900 to
Consolidated Electrical Distributors, Inc. for the purchase of streetlight poles.
Background:
The Public Works Department, Operations & Maintenance Division is responsible for
maintaining over 10,000 streetlights Citywide. Currently, there are 112 streetlight poles in the
City that are missing. The main reason for the missing streetlight poles is knock downs due to
vehicle accidents. On average, the City loses 20 streetlight poles per year. In efforts to address
this problem, staff is recommending an agreement for the purchase of streetlight poles in the
amount of$74,900. This will replace approximately 46 street light poles, the equivalent of 41
percent that are currently missing.
Staff recently requested quotes for streetlight poles from three vendors and informed all vendors
that the City would purchase a minimum of 20 streetlight poles. All three vendors submitted
quotes (Attachment "I") and the vendor, business location, and price quote for each streetlight
type are listed below.
Consolidated
Vendor Electrical Lingo Industrial Essco Wholesale
Distributors, Inc. of Electronics of Sierra Electronic of Grand
San Bernardino, CA Madre,CA Terrace, CA
Items Unit Price Unit Price Unit Price
MBO 7.0 113 AG W/6' $ 1,553 $ 1,700 $ 1,505
MBO 7.5 113 AG W/6' $ 1,573 $ 1,744 $ 1,524
MBO 8.0 113 AG W/6' $ 1,608 $ 1,761 $ 1,561
MBO 8.5 113 AG W/6' $ 1,654 $ 1,801 $ 1,579
Quote $ 6,388 $ 7,006 $ 6,169
Local Vendor
Preference of 5 % $ 319 $ - $ -
Quote with Vendor
Preference $ 6,069 $ 7,006 $ 6,169
Consolidated Electrical Distributors, Inc., a local vendor with 38 years of experience, currently
supplies the Public Works Department with materials for traffic signal maintenance and has
proven to be reliable. Staff will issue a formal bid in "FY 2011-12" for the purchase of
streetlight poles. Given these circumstances, staff recommends that the Mayor and Common
Council authorize 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.
Staff Report- Continued
Financial Impact:
There will be no impact to the General Fund. Funds for this purchase are contained in the "FY
2010-11" Capital Improvement Projects Budget (Account No. 258-160-5504-7580-0025) in the
amount of$74,900.
Account Number: 258-160-5504-7580-0025 Budgeted Amount: $150,000
Balance as of March 17, 2011: $74,900 Balance after approval of this item: $0
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
CITY OF SAN BERNARDINO Nadeem Majaj P.E.-DIRECTOR
PUBLIC WORKS DEPARTMENT 300 North `U'Stsxt
San Bernardino,CA 92418-0001
909.384.5140
San Bernar lno
Date: March 17, 2011
To: Charles McNeely, City Manager
From: Nadeem Majaj, Director of Public Works
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82.
COPIES:
Consolidated Electrical Distributors, Inc. was selected as a Select Source for the
following reasons:
1. Consolidated Electrical Distributors, Inc. is a local vendor with 38 years of
experience. Consolidated Electrical Distributors, Inc. is the current vendor that
supplies the Public Works Department with materials for traffic signal maintenance
and has proven to be reliable; and
2. Consolidated Electrical Distributors, Inc. submitted the lowest quote for streetlight
poles and is familiar with the City of San Bernardino and can guarantee the delivery
of streetlight poles within 8-12 weeks.
A Request for Council Action entitled, "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" has been submitted and placed on the April 4, 2011
agenda calendar for review and approval.
`7
Nadeem Majaj
Director of Public Works
Approved By:
Cha s McNeely
City Manager
LINGO INDUSTRIAL ELECTRONICS Estimate
365 W. Sierra Madre Blvd -
Sierra Madre, California 91024-2313 DATE ESTIMATE NO.
(626) 836-1294 Fax: (626) 8361297 3/17/2011 3.103
e-mail: lingoie @earthlink.net
NAME/ADDRESS
City of San Bernardino
Public Services Dept.
234 S. Mt. View Ave.
San Benardino, CA 92408
ITEM DESCRIPTION QTY COST TOTAL
Poles MBO 7.0 9 1,700.00 15,300.00
Poles MBO 7.5 10 1,744.00 17,440.00
Poles MBO 8.0 10 1,761.00 17,610.00
Poles MBO 8.5 9 1,801.00 16,209.00
Prices are good for 30 days and include flat
bed truck to City yard.
Unloading by City of San Bernardino
Sales Tax 9.00% 5,990.31
TOTAL $72,549.31
BUENA PARK,CA 562-2724052 GRAND TERRACE,CA 909-783-1000 BULLHEAD CITY,AZ 928.758.1002 KINGMAN.AZ 928-757 3'7.94
A •
WHOLESALE FAX 1 562 5293799 FAX M 909783.6855 FAX A 928-758.1982 FAX#928757-5209
ELECTRIC THOUSAND PALMS,CA 76[1.343-0303 PHOENIX,AZ 602.344.2300 YUMA,AZ 928317-8500 MESA,AZ 480.892.7200
FAX 0 760-343.0305 FAX N 602.344.2350 FAX#92B.3 17-8501 FAX#480.892.6713
ESSCO CORPORATE 0FFICE LAKE HAVASU CITY,AZ 928.855.8131 SIERRA VISTA,AZ 520.459.0002 SAN DIEGO,CA 858292.6780 TUCSON,AZ 520.908-7900
(480)497-8000 FAX N 828.855.4555 FAX K 520.45B.3472 FAX N 858.292.6785 FAX#520-746.4008
Fax:(480)497-9100
Customer #: 22251
Quoted to: Ship to:
CITY OF SAN BERNARDINO/PUBLIC CITY OF SAN BERN/PO #210510
PUBLIC WORKS PO #210510
234 S MT VIEW BLDG 110 MAX AMOUNT 20K
SRN BERNRRDIN6, CA 924M 9
algelPri.nted at IWtr IS15m IWhse -
Price Quotation c 110:42:59 /1 gIp gip 2
,1.1-tote DatelQuote No. (Expire Datel
03/01/10 124030416-00
1 1
Ship Point Via Shipped Terms
ESSCO - Grand Terrace Inc. Best Way DisclOth/Nll
_n (,. _
ORDER B. O. SHIPPEE DESCRIPTION PRICE AMOUNT
7 20 71A7971001D ADVANCE 51. 75 eac 1035. 00
70W QUAD TAP
13 20 71 A8071001 D ADVANCE 53. 35 e a 1067. 00
10OW QUAD TAP
S 20 71A8172001D ADVANCE 59. 13 eac 1182. 60
150W QUAD TAP
10 20 71A8271001D ADVANCE 71. 10 eac 1422. 00
20OW QUAD TAP
11 20 71AB970001D ADVANCE 71.10 eac 1422. 00
20OW QUAD KIT
12 500 LU70 SYLVANIA 11. 65 eac 5825. 00
LAMP
1.3 500 LU 100 LAMP 7. 60 eac 3800. 00
14 500 LU150Y55 LAMP 8. 00 Pac 4000. 00
15 400 LU200 LAMPS 9. 92 eac 3968. 00
16 400 LU250 LAMPS 13. 33 eac 5332. 00
17 20 MB07. 0 113AG W/61 ARMS 1505- 00 eac .30100. 00
RECEIPT OR PAYMENT OF MERCHANDISE DESCRIBED HEREIN CONSTITUTES FULL ACCEPTANCE OF TERMS AND CONDITIONS ON REVERSE,
Continued
I r BUENA PARK,CA 562-272.4852 GRAND TERRACE,CA 909 783-1000 RULLHEAD CITY,AZ 928 158 1002 KINGMAN,AZ 928757-3234
WHOLESALE FAX#562.529-3799 FAX#909 783.6855 FAX#928-758-1982 FAX#928 757 5209
ELECTRIC THOUSAND PALMS,CA 760343.0303 PHOENIX,AZ 602-344-2300 YUMA,AZ 928.317-8500 MESA,AZ 480.8927200
. FAX#760343-0305 FAX#602.344.2350 FAX#928.317.85DI FAX#480-892.6713
EBWd'C'ORPORATE OFFICE LAKE HAVASU CITY,AZ 928.8558131 SIERRA VISTA,AZ 520459.0002 SAN DIEGO,CA 868.292.6780 TUCSON,AZ 520908.7900
(480)497.8000 FAX#928.855.4555 FAX#520-4583472 FAX#858.292.6785 FAX 9 520-746.4008
Fax:(480)497-9100
Customer #: 22251
Duoted to : Ship to:
CITY OF SAN BERNARDINO/PUBLIC CITY OF SAN BERN/PO #210510
PUBLIC WORKS PO #210510
234 S MT VIEW BLDG 110 MAX AMOUNT 20K
DagelPrinted at IWtr lSlsm IWhse _
Price Quotation 3 110:42:59 06101110 1 91P I 9 p 1 c
.(-late DatelQUOte No. (Expire Datel
,:5L v O4 t b-00
I I
Point Shtp k
ESSCO - Grand Terrace, Inc. Beat Way DisclOth/N11
n a.
ORDER B. O. SHIPPEU DESCRIPTION PRICE AMOUNT
18 20 MB07. a 113AG W/6' ARM 1524. 00 eac .30480. 00
19 20 MBO8. 0 113AG W/6' ARM 1561. 00 eac 31220. 00
20 20 MB08. 5 113AG W/6' ARM 1573. 00 eac 31580. 00
21 1000 10THHNSBLA 108. 50 M 1085. 00
THHN-I0-BLK-19STR-CU SIR
(IN VARIOUS COLORS)
22 50 HEX-AA BUSSMAN 26. 3101 ea 1315. 00
SUB: LEX-AA LITTLEFUSE
23 1 SIEMENS LENO00003120A 210. 00 eac 2100. 00
3P LTG CONTACTOR
(ALTERNATE.: FOR SO D)
24 1 SIEMENS LENO00006120A 425. 00 eac 4250. 00
6P LTG CONTACTOR
(ALTERNATE: FOR SO D)
2 2 .` LU400ECO 12. 55 eac 251. 00
SYL LU400/ECO 40OW-LUMAL UX-EC
25 Lines otal Qtv Shipp d Total 12920 Total 178013. 10
RECEIPT OR PAYMENT OF MERCHANDISE DESCRIBED HEREIN CONSTRUTES FULL ACCE T;I .,.TERMS AND CONDITIQNS ON REVERSE. JJ
Continued
BUENA PARK,CA 562-272-4852 GRAND TERRACE,CA 909-783-1000 UULLHEAD CITY,AZ 926758-1002 KINGMAN,AZ 9Z6757.3294
WHOLESALE FAX#562529.3799 FAX A 909-783.8855 FAX d 928-75B.1 982 FAX#928 751b2D9
ELECTRIC THOUSAND PALMS,CA 780.343-0303 PHOENIX,AZ 802344.2300 YUMA,AZ 928317.8500 MESA,AZ 480892.7200
FAX S 760.343-0305 FAX R 6023442350 FAX N 928317.8501 FAX#480.892.8713
Esscd'CORPORATE OFFICE LAKE HAVASU CITY,AZ 928B55.8131 SIERRA VISTA,AZ 520459 ODD2 SAN DIEGO,CA 858.292-6780 TUCSON,AZ 520908.7900
(480)497-8000 FAX N 928.855.4555 FAX N 520458.3472 FAX N 858.292-6785 FAX#520746-4008
Fax:(480)497-9100
Customer #: 22251
Quoted to : Ship to:
CITY OF SAN BERNARDINO/PUBLIC CITY OF SAN BERN/PO 02210510
PUBLIC WORKS PO #210510
234 S MT VIEW BLDG 110 MAX AMOUNT 20h:
92401 7
agelPrinted at IWtr ISIsm lWhse -
Price Quotation 4 110:42:59 03/01/10 1 glp I glp 1 24
cote DatelQuote No. (Expire Datel
03101 110 12403041E-00
1 1
Ship Point Via Shipped Terms
kSSCO — Grand Terrace, Inc. Best Way DisclOth/Nii
Ln QUANT QUANT QUANT EDP/ NET UM
ORDER N. O. SHIPPEE DESCRIPTION PRICE AMOUNT
Quotation Total 193589, 25
Last Page RECEIPT OR PAYMENT OF MERCHANDISE DESCRIBED HEREIN CONSTITUTES FULL ACCEPTANCE OF TERMS AND CONDITIONS ON REVERSE.
RESOLUTION NO. COPY
1
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 $74,900 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
4 STREETLIGHT POLES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
8 execute on behalf of said City an Agreement between the City of San Bernardino and
9 Consolidated Electrical Distributors, Inc., a copy of which is attached hereto, marked as Exhibit
10
"A", and incorporated herein by this reference as fully as though set forth at length.
11
SECTION 2. That this purchase is exempt from the formal contract procedures of
12
13 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code,
14 "Purchases approved by the Mayor and Common Council."
15 SECTION 3. That pursuant to this determination the Director of Finance or her
16 designee is hereby authorized to issue a Purchase Order to Consolidated Electrical Distributors,
17 Inc. in the amount of$74,900 for FY 10-11.
18
SECTION 4. The Purchase Order shall reference this Resolution Number and shall
19
20 read, "Consolidated Electrical Distributors, Inc. for the purchase of streetlight poles.
21 Agreement not to exceed $74,900" and shall incorporate the terms and conditions of the
22 agreement.
23 SECTION 5. The authorization to execute the above referenced Purchase Order and
24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
25
passage of this resolution.
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 $74,900 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
3 STREETLIGHT POLES.
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 , 2011, by the following vote, to wit:
7
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14
KELLEY .
15
JOHNSON
16
17 MCCAMMACK
18
19
Rachel G. Clark, City Clerk
20
21 The foregoing resolution is hereby approved this day of ,
2011.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
By: P16t -
26 es F. Pennian, City Attorney
27
28
PURCHASE AGREEMENT
1 This Purchase Agreement is entered into this 4th day of April, 2011,
2 by and between Consolidated Electrical Distributors, Inc. ("Vendor") and the City of San
Bernardino ("City"or"San Bernardino").
3
WITNESSETH:
4
WHEREAS, the Mayor and Common Council has determined that it is advantageous
5 and in the best interest of the City to contract for the purchase of streetlight poles.
6 NOW, THEREFORE, the parties hereto agree as follows:
7
1. SCOPE OF SERVICES.
8 For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
9 streetlight poles as set forth in Attachment"1" and incorporated herein by this reference.
10 2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
11 an invoice, shall pay the Vendor up to the amount of$74,900 for streetlight poles.
12 b. No other expenditures made by Vendor shall be reimbursed by City.
13 3. TERM; TERMINATION.
This purchase shall be completed within FY 10/11.
14 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.
15
4. WARRANTY
16 Vendor expressly warrants that all products and services supplied to City by Vendor
17 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,
lg 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
19 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
21 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
23 days notice before commencement of efforts by the City to effect cover or a cure except
21 upon written agreement of the Parties.
25
26 Exhibit"A"
27
1
28
a�
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold. the City, its elected officials,
1 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
2 damage, based or asserted upon any actual or alleged act or omission of Vendor, its
3 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
4 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
5 protect and defend at its own expense, including attorney's fees, the City, its elected officials,
6 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
7 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
8 the accomplishment of the work or performance of services under this Agreement.
9 6. INSURANCE.
10 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
11 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
12 Agreement. City shall be set forth as an additional named insured in each policy of insurance
13 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.
14
7. NON-DISCRIMINATION.
15 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,
16 discrimination in employment of persons because of their race, religion, color, national origin,
17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
18
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
19 REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
20 certificate as required under Chapter 5 of the Municipal Code, and any other license, permits,
21 qualifications, insurance and approval of whatever nature that are legally required of Vendor
to practice its business or profession.
9. NOTICES.
23 Any notices to be given pursuant to this Agreement shall be deposited with the United
24 States Postal Service,postage prepaid and addressed as follows:
25
26 Exhibit"A"
27 2
28
TO THE City: Public Works Department
300 North"D" Street (3`d Floor)
1 San Bernardino, CA 92418
2 Telephone: (909) 384-5140
3 TO THE Vendor: Consolidated Electrical Distributors, Inc.
580 East Mill Street
4 San Bernardino, CA 92408
5 Telephone: (909) 889-1071
Contact: Jay Martinez
6 10. ATTORNEYS' FEES
7 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
8 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise
9 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
10 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
11 calculated based on the market rate for comparable services.
12 11. ASSIGNMENT
13 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
14 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
15 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
16 the term of this Agreement.
17 12. VENUE.
18 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
19 Bernardino, State of California or the U.S. District Court for the Central District of California,
20 Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
21 13. GOVERNING LAW.
22 This Agreement shall be governed by the laws of the State of California.
23 14. SUCCESSORS AND ASSIGNS.
24 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.
25
26 Exhibit"A"
27 3
28
15. HEADINGS.
1 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
2 provisions.
3 16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction
4 to be invalid or unenforceable for any reason, such determination shall not affect the validity
5 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
6 force and effect.
7 17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
8 and shall be deemed cumulative and may be exercised separately or concurrently without
9 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
10 breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
11
18. ENTIRE AGREEMENT; MODIFICATION.
12 This Agreement constitutes the entire agreement and the understanding between the
13 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
14 instrument executed by all parties to this Agreement.
15 IN WITNESS THEREOF, the parties hereto have executed this.Agreement on the day
and date set forth below.
16
17 Dated: , 2011 VENDOR
18 By: F.XIIIBIT COPY
19 Its:
20
21 Dated , 2011 CITY OF SAN BERNARDINO
22 By: I,.X14 113[T C'OP1'
Charles McNeely, City Manager
23 Approved as to Form:
24 James F. Penman, City Attorney
25 By: I-XIIIBI'I' C0 11N
26 Exhibit"A"
27 4
28
Attachment "1"
CEaCONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
580 East Mill Street San Bernardino,CA.92408 QUOTATION*
PH: 909.889.1071 FAX: 909.383.0471
Date 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:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
20 AMERON MBO 7.0 113 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 $31,460.00
20 AMERON MBO 8.0 113 AG W/6'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 W/6'LMA $1,342.00 e $26,840.00
20 AMERON 1C1-23F6 #37AG W/6' LMA $1,323.75 e $26,475.00
INCL FRT TO CITY YARD VIA FLATBED TRUCK CITY-
1 FRT/POLES UNLOAD
PRICES HELD FIRM FOR 30 DAYS
SUB TOTAL: $209,865.00
F.O.B TAX RATE: TAX:
SEE ABOVE TOTAL: $209,865.00
TERMS Respectfully,
NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
DFI.IVERY
VEEKS 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
PURCHASE AGREEMENT
1 This Purchase Agreement is entered into this 4`" day of April, 2011,
2 by and between Consolidated Electrical Distributors, Inc. ("Vendor") and the City of San
Bernardino ("City"or"San Bernardino").
3
WITNESSETH:
4
5 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.
6 NOW, THEREFORE, the parties hereto agree as follows:
7
1. SCOPE OF SERVICES.
8 For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
9 streetlight poles as set forth in Attachment"1"and incorporated herein by this reference.
IU 2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
11 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.
12
13 3. TERM; TERMINATION.
This purchase shall be completed within FY 10/11.
14 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.
15
4. WARRANTY
16 Vendor expressly warrants that all products and services supplied to City by Vendor
17 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,
18 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
19 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
20 of any goods or services not conforming to the foregoing warranty without expense to the
21 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
22 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
23 days notice before commencement of efforts by the City to effect cover or a cure except
24 upon written agreement of the Parties.
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5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials,
1 employees, agents or representatives, free and harmless from all claims, actions, damages and
2 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
3 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
4 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
5 protect and defend at its own expense, including attorney's fees, the City, its elected officials,
6 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
7 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
8 the accomplishment of the work or performance of services under this Agreement.
9 6. INSURANCE.
10 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
11 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
12 Agreement. City shall be set forth as an additional named insured in each policy of insurance
13 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.
14
7. NON-DISCRIMINATION.
15 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,
16 discrimination in employment of persons because of their race, religion, color, national origin,
17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
18
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
19 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,
21 qualifications, insurance and approval of whatever nature that are legally required of Vendor
to practice its business or profession.
22
9. NOTICES.
23 Any notices to be given pursuant to this Agreement shall be deposited with the United
24 States Postal Service, postage prepaid and addressed as follows:
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TO THE City: Public Works Department
300 North"D" Street(3`d Floor)
1 San Bernardino, CA 92418
2 Telephone: (909) 384-5140
3 TO THE Vendor: Consolidated Electrical Distributors, Inc.
580 East Mill Street
4 San Bernardino, CA 92408
Telephone: (909) 889-1071
5 Contact: Jay Martinez
6 10. ATTORNEYS' FEES
7 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
8 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
9 or provisions hereof. The costs, salary, and expenses of the San Bernardino City Attorney's
10 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
11 calculated based on the market rate for comparable services.
12 11. ASSIGNMENT
13 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
14 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
15 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
16 the term of this Agreement.
17 12. VENUE.
18 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
19 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
20 mandatory and not permissive in nature.
21 13. GOVERNING LAW.
22 This Agreement shall be governed by the laws of the State of California.
23 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
1 of convenience only and shall not affect the construction or the interpretation of any of its
2 provisions.
3 16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction
4 to be invalid or unenforceable for any reason, such determination shall not affect the validity
5 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
6 force and effect.
7 17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
8 and shall be deemed cumulative and may be exercised separately or concurrently without
9 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
10 breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
11
18. ENTIRE AGREEMENT; MODIFICATION.
12 This Agreement constitutes the entire agreement and the understanding between the
13 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
14 instrument executed by all parties to this Agreement.
15 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
16
17 Dated: , 2011 VENDOR
18 By:
19 Its:
20
21 Dated , 2011 CITY OF SAN BERNARDINO
22 By:
Charles McNeely, City Manager
23 Approved as to Form:
24 James . Penman, City Attorney
25 By.
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Attachment "1"
C�� CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
580 East Mill Street San Bernardino,CA.92408 QUOTATION
PH: 909.889.1071 FAX: 909.383.0471
Date 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:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
20 AMERON MBO 7.0 113 AG W/6'ALUM ARM $1.553.00 a $31.060.00
20 AMERON MBO 7.5 113 AG W/6'ALUM ARM $1.573.00 e $31.460.00
20 AMERON MBO 8.0 113 AG W/6'ALUM ARM $1.608.00 e $32.160.00
20 AMERON MBO 8.5 113AG W/6'ALUM ARM $1,654.00 a $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 FLATBED TRUCK CITY-
1 FRT/POLES UNLOAD
PRICES HELD FIRM FOR 30 DAYS
SUB TOTAL: $209,865.00
F.O.B TAX RATE: TAX:
SEE ABOVE TOTAL: $209,865.00
TERMS Respectfully,
NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC
DELIVERY
8-12 WEEKS By JAY V.MARTINEZ
.EASE 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
.otation 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