HomeMy WebLinkAbout18- Public Works OR , jL
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 increase Purchase Order
Maintenance Division (O&M) Number 303742 by $75,100 to Consolidated
Electrical Distributors, Inc. for the purchase
Date: March 2, 2011 of additional streetlight electrical wire and
supplies.
Meeting date: March 21, 2011
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution. .
/to 71-07
Signa ure
Contact person: Nadeem Majaj, Director of Public Works Phone: 384-5140
Supporting data attached: Staff Report, Resolution and Ward: All
Purchase Agreement
FUNDING REQUIREMENTS: Amount: $75,100
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: b 0//— 7..-3
Agenda Item No. I�
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 increase Purchase Order Number 303742 by $75,100 to
Consolidated Electrical Distributors, Inc. for the purchase of additional streetlight electrical wire
and supplies.
Background:
The Public Works Department, Operation & Maintenance Division is responsible for
maintaining approximately 10,000 streetlights Citywide. However, the City of San Bernardino
(City) is experiencing a significant decline in available lighting thought the City. In efforts to
tackle this problem, staff is requesting an increase to Purchase Order Number 303742 by
$75,100.
The Public Works Department has already exhausted the current Purchase Order (PO No.
303742) for FY 10-11 with Consolidated Electrical Distributors, Inc. (CED) in the amount of
$24,900 for the purchase of electrical wire and supplies. Staff has identified $75,100 in the
Capital Improvement Projects Budget. The additional $75,100 will allow the Public Works
Department to purchase $100,000 of streetlight wire and supplies.
CED is a local vendor and has provided the City with several years of service and has proven to
be reliable. Staff will go out for a formal bid in FY 11-12 for wire and supplies. Staff
recommends that the Mayor and Common Council of the City of San Bernardino authorize the
execution of an Agreement and increase to Purchase Order Number 303742 by $75,100 to CED
for the purchase of electrical wire and supplies.
Financial Impact:
There will be no impact to the General Fund. Funds for this purchase are contained in the Fiscal
Year 10/11 Capital Improvement Projects Budget Account No. 258-160-5504-7580-0025 in the
amount of$75,100.
Account Number: 258-160-5504-7580-0025 Budgeted Amount: $150,000
Balance as of March 2, 2011: $150,000 Balance after approval of this item: $74,900.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
,1
Recommendation:
Adopt Resolution.
,.. 1 RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND INCREASE PURCHASE ORDER NUMBER 303742 BY $75,100 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
4 ADDITIONAL STREETLIGHT ELECTRICAL WIRE AND SUPPLIES.
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
12 SECTION 2. That pursuant to this determination the Director of Finance or her
13 designee is hereby authorized to increase Purchase Order No. 303742 by $75,100 for a total not
14 to exceed $100,000 for FY 10-11.
15 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
16 read, "Consolidated Electrical Distributors, Inc., for the purchase of additional streetlight
17 electrical wire and supplies. Agreement not to exceed $100,000" and shall incorporate the
18
terms and conditions of the agreement.
19
20 SECTION 4. The authorization to execute the above referenced Purchase Order
21 increase and Agreement is rescinded if it is not executed by both parties within sixty (60) days
22 of the passage of this resolution.
23
24
25
26
27
28 r"
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND INCREASE PURCHASE ORDER NUMBER 303742 BY $75,100 TO
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
3 ADDITIONAL STREETLIGHT ELECTRICAL WIRE AND SUPPLIES.
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
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ
10 VACANT
11 BRINKER
12 SHORETT
13 KELLEY
14
JOHNSON
15
16 MCCAMMACK
17
18
Rachel G. Clark, City Clerk
19
20 The foregoing resolution is hereby approved this day of ,
2011.
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to Form:
24 By: U
25 J es F. Penman, City Attorney
26
27
28
i
PURCHASE AGREEMENT
1 This Purchase Agreement is entered into this 21St day of March, 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 electrical wire and
6 supplies; and
7 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
8 Vendors for the purchase of streetlight electrical wire and supplies.
9 NOW, THEREFORE, the parties hereto agree as follows:
10 L SCOPE OF PURCHASE AGREEMENT.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
11 streetlight electrical wire and supplies as set forth in Attachment "1" and incorporated herein
12 by this reference.
13 2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
14 an invoice, shall pay the Vendor up to the amount of $100,000 for streetlight
electrical wire and supplies.
15 b. No other expenditures made by Vendor shall be reimbursed by City.
16 3. TERM; TERMINATION.
17 This purchase shall be completed within FY 10/11.
This Agreement may be terminated at any time by thirty (30) days' written notice by
18 either party. The terms of this Agreement shall remain in force unless mutually amended.
19 4. WARRANTY
20 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
21 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
22 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
23 inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects
24 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
25 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
i 26 notice" for purposes of this section shall not be deemed to require more than 60 calendars
27 Exhibit "A"
28
days notice before commencement of efforts by the City to effect cover or a cure except
1 upon written agreement of the Parties.
2 4.5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials,
3 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
4 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
5 accomplishment of the performance of this Agreement, unless the bodily injury or property
6 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
7 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
8 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,
9 with respect to third party claims against the Vendor relating to or in any way connected with
10 the accomplishment of the work or performance of services under this Agreement.
11 6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
12 Vendor shall maintain in effect policies of comprehensive public, general and automobile
13 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
14 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
15 insurer to notify City of any change or termination in the policy.
16 7. NON-DISCRIMINATION.
17 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,
18 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
i 19 sexual orientation, or any other status protected by law.
20 g, BUSINESS REGISTRATION CERTIFICATE AND OTHER
21 REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
22 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
23 to practice its business or profession.
24 9. NOTICES.
25 Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
26 Exhibit"A
27 2
28
1 TO THE City: Public Works Department
300 North "D" Street (3`d Floor)
2 San Bernardino, CA 92418
Telephone: (909) 384-5140
3
TO THE Vendor: Consolidated Electrical Distributors, Inc.
4 580 E Mill St.
5 San Bernardino, CA 92408
Telephone: (909) 889-1071
6 Contact: Jay Matinez
7 10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
8 the prevailing party shall be entitled to recover from the opposing party all costs and
9 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
10 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
11 this paragraph. Attorneys' fees for the City Attorney and members of his office shall be
12 calculated based on the market rate for comparable services.
13 11. ASSIGNMENT
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or
14 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
15 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
16 Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for
17 the term of this Agreement.
18 12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
19 Agreement shall be tried and litigated either in the State courts located in the County of San
20 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
21 mandatory and not permissive in nature.
22 13. GOVERNING LAW.
I
23 This Agreement shall be governed by the laws of the State of California.
24 14. SUCCESSORS AND ASSIGNS.
25 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.
26 Exhibit"A"
27 3
28
1 15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes
2 of convenience only and shall not affect the construction or the interpretation of any of its
provisions.
3
16. SEVERABILITY.
4 If any provision of this Agreement is determined by a court of competent jurisdiction
5 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
6 any other circumstance, and the remaining provisions of this Agreement shall remain in full
force and effect.
7
17. REMEDIES; WAIVER.
8 All remedies available to either party for one or more breaches by the other party are
9 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
10 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
11 enforcement is sought.
12 18. ENTIRE AGREEMENT; MODIFICATION.
13 This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject
14 manner of this Agreement. This Agreement may be modified or amended only by a written
instrument executed by all parties to this Agreement.
15
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
16 and date set forth below.
17 Dated: , 2011 VENDOR
18
By: .EX1J 1 B.rT con'
19
20 Its:
21 Dated , 2011 CITY OF SAN BERNARDINO
22
By:w1�\1111111 ( 01'1 _
23 Charles McNeely, City Manage_r
24 Approved as to Form:
James F. Penman, City Attorney
25
By: 1x;.1'111131T C01'1
26 Exhibit"A"
27 4
28
Attachment "1"
C*EDCONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 EAST MILL STREET
SAN BERNARDINO,CA 92408
TELEPHONE(909)889-1071
FAX(909)889-1077
March 7, 2011
City of San Bernardino
Attention: Mr. Javier Ochiqui, Administrative Analyst II
Public Works Department
Enclosed please find our proposal on the related electrical items, this list was prepared
using information on items that were purchased from CED in the last 25 years.
During our last conversation you asked me if the prices quoted could be held firm for(1)
year and if not, to list the terms and conditions with possible date extensions for the listed
commodities and I will try to comply.
1) Copper Wire: prices can held firm for (5) days as prices change on a daily basis
and is based on the copper index list under commodities.
2) Sylvania Lamps: Prices can be held firm for (1)year however the current contract
with Sylvania will expire on 5/31/2011
3) Advance Ballast : prices can be held firm for (1) year however the current
contract expires on 11/16/2011
4) Ameron Poles: because these poles are made out of concrete, prices can only be
held firm for (60) days.
5) G. E. Fixtures: prices can be held firm until next price change, GE always gives
30 day notice prior to price increase
I have also included a discount schedule that we apply to all other items that your
Electrical department might purchase and are not on this list. These discounts would be
taken from "Trade Service" and are based on contractor's best price.
If you have any questions or are in need of further information please feel free to contact
me.
Regards,
a? \/.
Jay V. Martinez, Outside Sales
"'EDPH: ELECTRICAL DISTRIBUTORS,INC. QUOTATION*
580 South H Street San Bernardino,CA.92410
PH: 909.889.1071 FAX: 909.383.0471
Date Quote No
To: City of San BemardinoStreet Lighting Department 3/162011 _
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQUI, MPA
Project: Parts List Page:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1 FISHER N7790B TWIST LOCK PHOTO CELL $8.00 E $8.00
1 GENERAL ELECTRIC M2RC07SON2GMS31 70 WATT COBRA HEAD $130.00 E $130.00
1 GENERAL ELECTRIC M2AR10SON2GMS31 100 WATT COBRA HEAD $156.00 E $156.00
1 GENERAL ELECTRIC M2AR15SON2GMS31 150 WATT COBRA HEAD $159.00 E $159.00
1 GENERAL ELECTRIC M2AR20SON2GMS31 200 WATT COBRA HEAD $196.00 E $196.00
1 GENERAL ELECTRIC M2AR25SON2GMS31 250 WATT COBRA HEAD $199.00 E $199.00
1 ADVANCE 71A797100D 70 WATT QUAD TAP $54.00 E $54.00
1 ADVANCE 71A8071001D 100 WATT QUAD TAP $61.00 E $61.00
1 ADVANCE 71A8172001D 150 WATT QUAD TAP $6425 E $64.25
1 ADVANCE 71A8970001D 200 WATT QUAD TAP $112.00 E $112.00
1 ADVANCE 71A8251001 D 250 WATT 5-TAP $66.80 E $66.80
1 SYLVANIA LU70/PLUS/ECO (NON-CYCLING) $12.50 E $12.50
1 SYLVANIA LU100/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU150/55/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU200/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU250/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 AMERON M.B.O. 7.0 W/6'ALUM.ARMS $1,735.00 E $1,735.00
1 AMERON M_B.O. 7.5 W/6'ALUM. ARMS $1,757.00 E $1,757.00
1 AMERON M.B.O. 8.0 W/6'ALUM.ARMS $2,435.00 E $2,435.00
1 AMERON M.B.O. 8.5 W/6'ALUM ARMS $2,450.00 E $2,450.00
UNKNOWN ORNAMENTAL POLES
SUB TOTAL: $9,645.55
FOB TAX RATE TAX: PLUS TAX
WILL ADVISE TOTAL: $9,645.55
TERMS Respectfully,
NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
DFI IVERY
EDED 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 Acknowledgm
FORM 1022-A
CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
Co-�® 580 South H Street San Bernardino,CA.92410 QUOTATION
PH: 909.889.1071 FAX: 909.383.0471
Date Quote No
To: CITY OF SAN BERNARDINO 372011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQQUI, MPA
Project: PARTS LIST Page:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1000 WIRE #8 THHN STRANDED BLACK $0.38 E $375.00
1000 WIRE # 10 THHN STRANDED BLACK $0.25 E $250.00
1 SEQUOIA SSI IGNITER (25-49) PIECES $30.50 E $30.50
1 LITTLE FUSE LEBAA (FUSE HOLDER) $8.00 E $8.00
1 SOD 89031-040V02 4-POLE 20 AMP CONTACTOR $1.00 E $165.00
SUB TOTAL: $828.50
FOB TAX RATE: TAX: PLUS TAXES
WILL ADVISE TOTAL: $82850
TERMS Respectfully,
2%10 NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC
DFI.IVERY
:EDED 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
12 CCS PO Purchase Orders 16 Mar 2011
+------ ---------------------Display Purchase Orders----------------------------+
a PO# 303742 Rev #Chg Orders 0 a Order Dt 02/16/11 a
uyer 10 SYLVIA LONDEAN a Due Date 06/30/11 a
andor 7013 CONSOLIDATED ELECTRI a Close Dt a
a a a
a PO Type E EMERGENCY a a
a Dept 409 STREET LIGHTING a Gross Amount 24, 900 . 00 a
a a Trade Discount 0. 00 a
a Terms NET 30 a Subtotal 24, 900. 00 a
a F.O.B. DESTINATION a Sales Tax 0. 00 a
a Delivery CH CITY HALL a Value Add Tax 0 . 00 a
a a Freight 0 . 00 a
• Contr# a Total Amount 24, 900 . 00 a
• Quote# -F------------------------------ a
• Approval 2 Create P.O. a Budget Ok a
a ---------------------------------------------a Capital None a
a Description ELECTRICAL WIRE & SUPPLIES a Printed Yes a
a Special Instr a Status Open a
a Entered by: J OCHIQUI a Comment a
a Requested by: N MAJAJ a Vendor notes on file. a
+------------------------------------------------------------------------------+
Fl-Help F3-Asst F5-Desc F6-ChgOrd F8-Claims F9-Swap F10-Menu
PURCHASE AGREEMENT
1 This Purchase Agreement is entered into this 21"day of March, 2011,
2 by and between Consolidated Electrical Distributors, Inc., ("Vendor") and the City of San
3 Bernardino ("City" or"San Bernardino").
4 WITNESSETH:
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 electrical wire and
6 supplies; and
7 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
8 Vendors for the purchase of streetlight electrical wire and supplies.
9 NOW, THEREFORE, the parties hereto agree as follows:
10 1. SCOPE OF PURCHASE AGREEMENT.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
11 streetlight electrical wire and supplies as set forth in Attachment "1" and incorporated herein
12 by this reference.
13 2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of
14 an invoice, shall pay the Vendor up to the amount of $100,000 for streetlight
electrical wire and supplies.
15 b. No other expenditures made by Vendor shall be reimbursed by City.
16 3. TERM; TERMINATION.
17 This purchase shall be completed within FY 10/11.
This Agreement may be terminated at any time by thirty (30) days' written notice by
18 either party. The terms of this Agreement shall remain in force unless mutually amended.
19 4. WARRANTY
20 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
21 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
22 liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall
23 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
24 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
25 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
26 notice" for purposes of this section shall not be deemed to require more than 60 calendars
27
28 1
days notice before commencement of efforts by the City to effect cover or a cure except
1 upon written agreement of the Parties.
2 4.5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials,
3 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
4 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
5 accomplishment of the performance of this Agreement, unless the bodily injury or property
6 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
7 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
8 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,
9 with respect to third party claims against the Vendor relating to or in any way connected with
10 the accomplishment of the work or performance of services under this Agreement.
11 6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
12 Vendor shall maintain in effect policies of comprehensive public, general and automobile
13 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
14 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
15 insurer to notify City of any change or termination in the policy.
16 7. NON-DISCRIMINATION.
17 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,
18 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
19 sexual orientation, or any other status protected by law.
20 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
21 REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
22 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
23 to practice its business or profession.
24 9. NOTICES.
25 Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
26
27 2
28
TO THE City: Public Works Department
1 300 North "D" Street (3`d Floor)
San Bernardino, CA 92418
2 Telephone: (909) 384-5140
3 TO THE Vendor: Consolidated Electrical Distributors, Inc.
4 580 E Mill St.
San Bernardino, CA 92408
5 Telephone: (909) 889-1071
Contact: Jay Matinez
6
10. ATTORNEYS' FEES
7 In the event that litigation is brought by any party in connection with this Agreement,
8 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
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
16 Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for
the term of this Agreement.
17
12. VENUE.
18 The parties hereto agree that all actions or proceedings arising in connection with this
19 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,
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
24 14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
25 Agreement and their respective heirs, representatives, successors, and assigns.
26
27
28 3
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
or enforceability of the remaining terms and provisions hereof or of the offending provision in
5 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:
23 Approved as to Form: Charles McNeely, City Manager
24 James . Penman, City Attorney
25 By:
26
27 4
28
Attachment "1"
C#- D CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.
580 EAST MILL STREET
SAN BERNARDINO,CA 92408
TELEPHONE(909)889-1071
FAX(909)889-1077
March 7, 2011
City of San Bernardino
Attention: Mr. Javier Ochiqui, Administrative Analyst II
Public Works Department
Enclosed please find our proposal on the related electrical items, this list was prepared
using information on items that were purchased from CED in the last 25 years.
During our last conversation you asked me if the prices quoted could be held firm for (1)
year and if not, to list the terms and conditions with possible date extensions for the listed
commodities and I will try to comply.
1) Copper Wire: prices can held firm for (5) days as prices change on a daily basis
and is based on the copper index list under commodities.
2) Sylvania Lamps: Prices can be held firm for (1)year however the current contract
with Sylvania will expire on 5/31/2011
3) Advance Ballast : prices can be held firm for (1)year however the current
contract expires on 11/16/2011
4) Ameron Poles: because these poles are made out of concrete, prices can only be
held firm for (60) days.
5) G. E. Fixtures: prices can be held firm until next price change, GE always gives
30 day notice prior to price increase
I have also included a discount schedule that we apply to all other items that your
Electrical department might purchase and are not on this list. These discounts would be
taken from "Trade Service" and are based on contractor's best price.
If you have any questions or are in need of further information please feel free to contact
me.
Regards,
Jay V. Martinez, Outside Sales
LTEDCONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
580 South H Street San Bernardino,CA.92410 QUOTATION*
PH: 909.889.1071 FAX: 909.383.0471
Date Quote No
To: City of San Bemardino-Street Lighting Department 3/16/2011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQUI, MPA
Project: Parts List Page:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1 FISHER N7790B TWIST LOCK PHOTO CELL $8.00 E $8.00
1 GENERAL ELECTRIC M2RC07SON2GMS31 70 WATT COBRA HEAD $130.00 E $130.00
1 GENERAL ELECTRIC M2AR10SON2GMS31 100 WATT COBRA HEAD $156.00 E $156.00
1 GENERAL ELECTRIC M2AR15SON2GMS31 150 WATT COBRA HEAD $159.00 E $159.00
1 GENERAL ELECTRIC M2AR20SON2GMS31 200 WATT COBRA HEAD $196.00 E J $196.00
1 GENERAL ELECTRIC M2AR25SON2GMS31 250 WATT COBRA HEAD $199.00 E $199.00
1 ADVANCE 71A797100D 70 WATT QUAD TAP $54.00 E $54.00
1 ADVANCE 71A8071001D 100 WATT QUAD TAP $61.00 E $61.00
1 ADVANCE 71A8172001D 150 WATT QUAD TAP $64.25 E $64.25
1 ADVANCE 71A8970001D 200 WATT QUAD TAP $112.00 E $112.00
1 ADVANCE 71A8251001D 250 WATT 5-TAP $66.80 E $66.80
1 SYLVANIA LU70/PLUS/ECO (NON-CYCLING) $12.50 E $12.50
1 SYLVANIA LU100/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU150/55/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU200/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 SYLVANIA LU250/PLUS/ECO (NON CYCLING) $12.50 E $12.50
1 AMERON M.B.O. 7.0 W/6'ALUM.ARMS $1,735.00 E $1,735.00
1 AMERON M.B.O. 7.5 W/6'ALUM. ARMS $1,757.00 E $1,757.00
1 AMERON M.B.O. 8.0 W/6'ALUM.ARMS $2,435.00 E $2,435.00
1 AMERON M.B.O. 8.5 W/6'ALUM ARMS $2,450.00 E $2,450.00
UNKNOWN ORNAMENTAL POLES
SUB TOTAL: $9,645.55
F O B TAX RATE. TAX: PLUS TAX
WILL ADVISE TOTAL: 1 $9,645.55
TERMS Respectfully,
NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
"''VERY
_EDED 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 Acknowledgm
FORM 1022-A
(KEDCONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
580 South H Street San Bernardino,CA.92410 QUOTATION*
PH: 909.889.1071 FAX: 909.383.0471
Date Quote No
To: CITY OF SAN BERNARDINO 3!72011
Your Inquiry Dated Your Reference
Attention: JAVIER OCHIQQUI, MPA
Project: PARTS LIST Page:
QTY TYPE PART DESCRIPTION PRICE UNIT EXT
1000 WIRE #8 THHN STRANDED BLACK $0.38 E $375.00
1000 WIRE # 10 THHN STRANDED BLACK $0.25 E $250.00
1 SEQUOIA SSI IGNITER (25-49) PIECES $30.50 E $30.50
1 LITTLE FUSE LEBAA (FUSE HOLDER) $8.00 E $8.00
1 SQD 89031-040V02 4-POLE 20 AMP CONTACTOR $1.00 E $165.00
SUB TOTAL: $828.50
F O.B TAX RATE: TAX: PLUS TAXES
WILL ADVISE TOTAL: $828.50
TERMS Respectfully,
2%10 NET 30 DAYS CONSOLIDATED ELECTRICAL DISTRIBUTORS,INC.
DF1(VERY
EDED 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
12 CCS PO Purchase Orders 16 Mar 2011
+---------------------------Display Purchase Orders----------------------------+
a PO# 303742 Rev #Chg Orders 0 a Order Dt 02/16/11 a
-uyer 10 SYLVIA LONDEAN a Due Date 06/30/11 a
:ndor 7013 CONSOLIDATED ELECTRI a Close Dt a
° a a
a PO Type E EMERGENCY a a
a Dept 409 STREET LIGHTING a Gross Amount 24 , 900 . 00 a
a a Trade Discount 0 . 00 a
a Terms NET 30 a Subtotal 24, 900 . 00 a
a F.O.B. DESTINATION a Sales Tax 0 . 00 a
a Delivery CH CITY HALL a Value Add Tax 0 . 00 a
a a Freight 0. 00 a.
• Contr# a Total Amount 24 , 900 . 00 a
• Quote# +------------------------------ a
• Approval 2 Create P.O. a Budget Ok a
a ---------------------------------------------a Capital None a
• Description ELECTRICAL WIRE & SUPPLIES a Printed Yes a
• Special Instr a Status Open a
• Entered by: J OCHIQUI a Comment a
• Requested by: N MAJAJ a Vendor notes on file . a
+------------------------------------------------------------------------------+
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