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HomeMy WebLinkAbout26-Public Services ORIGINAL._ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Approve a resolution authorizing the execution of an Dept: Public Services agreement and purchase order between the City of San Bernardino and Western Date: October 12, 2006 Pacific Signal, LLC for signal controllers to be utilized by the Street Division. Meeting Date: October 16, 2006 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution Si 6W.If ure Contact person: Randy Kuettle, Deputy Director/ Phone: 5020 Street Superintendent Supporting data attached: Staff Report, Ward All Resolution, Agreement FUNDING REQUIREMENTS: Amount: $51,396.75 Source: FY 2006-07 Account No. 001- 408-5111, Traffic Signal Maintenance Finance: Council Notes: \ 11A z � O 2 Agenda Item No. CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: A resolution authorizing the execution of an agreement and purchase order between the City of San Bernardino and Western Pacific Signal, LLC for signal controllers to be utilized by the Street Division. BACKGROUND: The Public Services Department has received 3 bids for 50 signal controllers to support the Traffic Signal Maintenance Program. Currently 18 controllers are needed to replace limited function controllers in the field. The remainder of the controllers will be placed into the stock for as necessary repairs to the existing 250 signalized intersections. There are no local vendors able to supply this specialized equipment. Staff received bids from three vendors. The vendor, their business location, and price quote are listed below. Vendor Location Quote Western Pacific Signal, LLC San Leandro $51,396.75 Econolite Anaheim $52,371.88 Lingo Industrial Electronics Sierra Madre $57,750.00 The total cost includes twenty-five (25) Safetran Model 170E controller & prom module with blank chips and twenty-five (25) Safetran model 170E controller without prom module. Prom module is the brain for the controller. These modules normally last longer than a controller. This fact allows us to use modules from other non-functioning controllers to save funding. Staff recommends that Western Pacific Signal, LLC be awarded a purchase order in the amount of $51,396.75 to supply the needed equipment and provide an adequate stock for future repairs. The signal intersections are a vital link to support the traffic flows throughout the City and keeping the intersections operating for the motorized public is a high priority of Public Services Department, Street Division. FINANCIAL IMPACT: Funds for this purchase are available and have been budgeted in the FY 2006-2007, Account No. 001-408-5111, Traffic Signal Maintenance Program Fund. RECOMMENDATION: Adopt resolution. 'western Pacific Signal, LLC Estimate 1793 East 14th Street Date wPS Estimate# San Leandro, CA 94577 (510) 483-6400 8/14/2006 SD067221 Name/Address City of San Bernardino 300 N. D Street,4th Floor San Bernaldino,CA 92418 Attn: Scott Zehm Fax(909)384-5229 Estimator Terms FOB Ken Net 30 Destination WPS Item Code Product Description Qty Each Total 170E-Safetran Model 170E Controller W/O M 170E Mod,No Prom Module,Safetran 25 882.00 22,050.00T 170E Controller W/4... Model 170E Controller W/O M 170 Mod,Includes Prom Module,Safetran 25 1,026.00 25,650.00"1 4120 Prom Module 2-1C 6264 Rain I-IC Dallas 1225 I AC 27C256 EPROM Allow 4-6 weeks delivery ARO Subtotal S47,700.00 Sales Tax (7.75%) S3,696.75 This quotation is good for quanties listed above or greater.All estimates are Total y51,396.75 guaranteed valid tin at least(30)days.Most data sheet specifications are on line at w��w. rpsignal aan 1 �J RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 4 PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARIDNO AND WESTERN PACIFIC SIGNAL, LLC FOR SIGNAL CONTROLLERS TO BE UTILIZED 5 BY THE STREET DIVISION. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That Western Pacific Signal, LLC submitted the lowest quote for 9 the purchase of signal controllers to be located throughout the City of San Bernardino 10 in the total amount of $51,396.75. 11 SECTION 2. Based on such determination, the Mayor and Common Council 12 authorize the execution of an agreement and a purchase order for the acquisition of 13 14 said signal controllers. 15 SECTION 3. The Purchasing Manager is hereby authorized to issue a 16 Purchase Order to Western Pacific Signal, LLC in the amount of $51,396.75. 17 SECTION 4. The Purchase Order shall reference this Resolution No.2006- 18 and shall read, "Western Pacific Signal, LLC for installation of signal controllers" P.O. 19 not to exceed $51,396.75 and shall incorporate the terms and conditions of the 20 purchase order. 21 22 SECTION 5. The authorization to execute the above-referenced Purchase 23 Order is rescinded if not issued within sixty (60) days of the passage of this resolution. 24 111 25 Ill 26 111 27 28 10/13/06 /G' (mil-- 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARIDNO AND WESTERN PACIFIC SIGNAL, LLC FOR SIGNAL CONTROLLERS TO BE UTILIZED 4 BY THE STREET DIVISION. 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2006, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 ESTRADA 12 BAXTER 13 VACANT 14 DERRY 15 KELLEY 16 JOHNSON _ 17 18 MCCAMMACK 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 2006. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to Form: 26 27 James F. Penman, City Attorney 28 10/13/06 1 VENDOR SERVICE AGREEMENT 2 3 This Vendor Service Agreement is entered into this 16th day of October 4 2006, by and between Western Pacific Signal, LLC ("VENDOR") and the City of San 5 Bernardino ("CITY" or"San Bernardino"). 6 WITNESSETH: 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to acquire traffic signal controllers; and 9 10 WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of 11 vendors who can provide the needed traffic signal controllers. 12 NOW, THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 For the remuneration stipulated, San Bernardino hereby engages the services of 15 VENDOR to provide those products and services as set forth in Exhibit "A", a cost estimate 16 17 dated August 14, 2006, attached hereto and incorporated herein by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR the amount of $51,396.75 for Model 170 traffic signal 21 controllers. 22 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 23 3. TERM; SEVERABILITY. 24 25 The term of this Agreement shall be for a period of one year. 26 This Agreement may be terminated at any time by thirty (30) days written notice by 27 either party. The terms of this Agreement shall remain in force unless mutually amended. The 28 duration of this Agreement may be extended with the written consent of both parties. 1 4. INDEMNITY. 2 3 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 4 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 5 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 6 under the Agreement. 7 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 8 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 9 10 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 11 obligations under the Agreement. 12 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 13 claim, action, loss, or damage which results from their respective obligations under the 14 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 15 comparative fault. 16 5. INSURANCE. 17 18 While not restricting or limiting the forgoing, during the term of this Agreement, 19 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 20 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 21 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 22 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 23 additional named insured in each policy of insurance provided hereunder. The Certificate of 24 25 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 26 termination in the policy. 27 HI 28 1 6. NON-DISCRIMINATION. 2 3 In the performance of this Agreement and in the hiring and recruitment of employees, 4 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical 5 handicap, ethnic background or country of origin. 6 7. INDEPENDENT CONTRACTOR. 7 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 8 purposes VENDOR shall be an independent contractor and not an agent or employee of the 9 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 10 11 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 12 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 13 employees, and all business license, if any are required, in connection with the services to be 14 performed hereunder. 15 8 BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 16 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 17 18 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 19 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 20 to practice its business or profession. 21 9. NOTICES. 22 Any notices to be given pursuant to this Agreement shall be deposited with the United 23 States Postal Service, postage prepaid and addressed as follows: 24 TO THE CITY: Public Services Director 25 300 North "D" Street San Bernardino, CA 92418 26 Telephone: (909) 384-5140 27 28 1 TO THE VENDOR: Western Pacific Signal, LLC 2 1793 East 14th Street 3 San Leandro, CA 94577 4 10. ATTORNEYS' FEES 5 In the event that litigation is brought by any party in connection with this Agreement, 6 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 7 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 8 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 9 10 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 11 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 12 fees" for the purposes of this paragraph. 13 11. ASSIGNMENT. 14 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 15 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 16 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 17 18 and shall constitute a breach of this Agreement and cause for the termination of this 19 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 20 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 21 hereunder for the term of this Agreement. 22 12. VENUE. 23 The parties hereto agree that all actions or proceedings arising in connection with this 24 25 Agreement shall be tried and litigated either in the State courts located in the County of San 26 Bernardino, State of California or the U.S. District Court for the Central District of California, 27 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 28 mandatory and not permissive in nature. 1 13. GOVERNING LAW. 2 3 This Agreement shall be governed by the laws of the State of California. 4 14. SUCCESSORS AND ASSIGNS. 5 This Agreement shall be binding on and inure to the benefit of the parties to this 6 Agreement and their respective heirs, representatives, successors, and assigns. 7 15. HEADINGS. 8 The subject headings of the sections of this Agreement are included for the purposes of 9 10 convenience only and shall not affect the construction or the interpretation of any of its 11 provisions. 12 16. ENTIRE AGREEMENT; MODIFICATION. 13 This Agreement constitutes the entire agreement and the understanding between the 14 parties, and supercedes any prior agreements and understandings relating to the subject manner 15 of this Agreement. This Agreement may be modified or amended only by a written instrument 16 executed by all parties to this Agreement. 17 HI 18 19 20 21 22 23 /// 24 25 26 27 28 1 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 and date set forth below. 4 Dated: 1200_ VENDOR. 5 By: 6 Its: 7 Dated 5200 CITY OF SAN BERNARDINO 8 By: 9 10 Patrick J. Morris, Mayor 11 12 Approved as to Form: 13 JAMES F. PENMAN, 14 City Attorney 15 16 By: 17 18 James F. Penman, City Attorney 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Approve a resolution authorizing the execution of a purchase Dept: Public Services order to Western Pacific Signal, LLC for the purchase of signal controllers to be Date: September 8, 2006 utilized by the Street Division. i Meeting Date: October 2, 2006 i Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution Si nature Contact person: Randy Kuettle, Deputy Director/ Phone: 5020 Street Superintendent Supporting data attached: Staff Report, Ward All Resolution, Bids FUNDING REQUIREMENTS: Amount: $51,396.75 Source: FY 2006-07 Account No. 001- 408-5111, Traffic Signal Maintenance Finance: Council Notes: 1011610 Agenda Item No. ;L CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: A resolution authorizing the execution of a purchase order to Western Pacific Signal, LLC for the purchase of signal controllers to be utilized by the Street Division. BACKGROUND: The Public Services Department has received 3 bids for 50 signal controllers to support the Traffic Signal Maintenance Program. Currently 18 controllers are needed to replace limited function controllers in the field. The remainder of the controllers will be placed into the stock for as necessary repairs to the existing 250 signalized intersections. There are no local vendors able to supply this specialized equipment. Staff received bids from three vendors. The vendor, their business location, and price quote are listed below. Vendor Location Quote Western Pacific Signal, LLC San Leandro $51,396.75 Econolite Anaheim $52,371.88 Lingo Industrial Electronics Sierra Madre $57,750.00 The total cost includes twenty-five (25) Safetran Model 170E controller & prom module with blank chips and twenty-five (25) Safetran model 170E controller without prom module. Prom module is the brain for the controller. These modules normally last longer than a controller. This fact allows us to use modules from other non-functioning controllers to save funding. Staff recommends that Western Pacific Signal, LLC be awarded a purchase order in the amount of $51,396.75 to supply the needed equipment and provide an adequate stock for future repairs. The signal intersections are a vital link to support the traffic flows throughout the City and keeping the intersections operating for the motorized public is a high priority of Public Services Department, Street Division. FINANCIAL IMPACT: Funds for this purchase are available and have been budgeted in the FY 2006-2007, Account No. 001-408-5111, Traffic Signal Maintenance Program Fund. RECOMMENDATION: Adopt resolution. i i yesternPacif3c Signal, LLC Estimate X4793 East 14th Street Sa Leandro, CA 94577 Date WPS Estimate# u (510)483-6400 8/14/2006 SD067221 Name//iddress City of San Bernardino 300 N.D St eet,4th Floor San Bemarc ino,CA 92418 Attn:Scott Zehm Fax(909)3 4-5229 j Estimator Terms FOB Ken Net 30 Destination WPS Item Code Product Description Qty Each Total 170E-Safetran Model 170E Controller W/O M170E Mod,No Prom Module,Safetran 25 882.00 22,050.00T 170E Controller W/4... Model 170E Controller W/O M170E Mod,Includes Prom Module,Safetran 25 1,026.00 25,650.o0T 412C Prom Module 2-IC 6264 Rain I-IC Dallas 1225 1-IC 27C256 EPROM Allow 4-6 weeks delivery ARO Subtotal $47,700.00 Sales Tax (7.75%) $3,696.75 This quot atiol is good for quanties listed above or greater.All estimates are Total $51,396.75 guaranteed va id for at least(30)days.Most data sheet specifications are on line at www.wpsi al.com 09/21/2P96 11:.73 7146305120 ECPI WESTERN SALES PAGE 01;01 Solutions rhst Mave the Worldt" SALES QUOTATION Quote No- WSQ-10647 Date: 8/3/06 To- Scott Zehm/City of San Bernardino RE: RFQ-170E Controllers We ar,.offering the following products at the prices and conditions set forth on this forme. IFeln Quantity Description Unit Trice Extended price 25 ca Safetran Model 170E controller 8c prom $1025.00 $25.62.:.00 mioduic w/blank chips 25 ea Safetran modal 170E controller with.oui $881.00 $22,025.00 prom module Total 547,650.00 Tax $3,692.88 Freight $1.029.00 Grand Total $52,371.88 )price excludes software. All orders are snbiect to credit anurMl and the to s aote�_d below. Toxes- Not llneluded F.O.a.: Point of shipment Terms: Not 30 Days,OAC Delivery Complete order witlhin.60--75 calendar days Valid F'o;r: 120 days k'reight: Prepaid and Charged Mi Anna Hahn-Estimator 3360 E. Le Palma Ave,Anaheim, CA 926U6-2 456 < PH:(714) 830-3700. FAX: (714)6305120 P.C. BOx6150 a Anaheim. CA 92816-0150 s www.aoonoiitezorn RM 08/09/2b0b 12:13 916268361297 L1N(aU ro 365 W. SIERRA MADRE BLVD. LINGO INDUSTRIAL ELECTRONICS 5 SIERRA MADRE, GA 91024 TRAFFIC AND LIGHTING DIVISION (626) 636-1294 • FAx (6 /113ro-1297 _,;,jl --fro`�Pr / 1,.2 S'. a-6- Pp-b ce9L SMALL BUSINESS 40007708 Price includes freight, Please add tax Terms: Net 30 Quote valid: 30 days COPY 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER 4 TO WESTERN PACIFIC SIGNAL, LLC FOR THE PURCHASE OF SIGNAL CONTROLLERS TO BE UTILIZED BY THE STREET DIVISON. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That Western Pacific Signal, LLC submitted the lowest quote for 8 the purchase of signal controllers to replace current controllers throughout the City of 9 San Bernardino in the total amount of $51,396.75. Pursuant to this determination the 10 11 Purchasing Manager is hereby authorized to issue a Purchase Order to Western 12 Pacific Signal, LLC in the amount of $51,396.75. 13 SECTION 2. The Purchase Order shall reference this Resolution No.2006- 14 and shall read, "Western Pacific Signal, LLC for signal controllers. P.O. not to exceed 15 $51,396.75" and shall incorporate the terms and conditions of the purchase order. 16 SECTION 3. The authorization to execute the above-referenced Purchase 17 18 Order is rescinded if not issued within sixty (60) days of the passage of this resolution. 19 111 20 111 21 /ll 22 23 111 24 25 26 111 27 111 28 September 25, 2006 I 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER 3 TO WESTERN PACIFIC SIGNAL, LLC FOR THE PURCHASE OF SIGNAL CONTROLLERS TO BE UTILIZED BY THE STREET DIVISON. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2006, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 2006. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to Form: 26 Q 27 mes F. Penman, City Attorney 28 September 25, 2006