HomeMy WebLinkAbout21-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order in the
amount of $36,550.00 with two (2) one-
year extensions at the City's option
between the City of San Bernardino and
Smithson Electric, Inc. pursuant to
Section 3.04.010 B-3 of the Municipal
Code for loop replacement services,
labor, and materials utilized by the
Public Services Department, Streets
Division.
Dept: Public Services
Date: September 28, 2007
Meeting Date: October 15, 2007
Synopsis of Previous Council Action:
June 19, 2006 - Resolution No. 2006-187 - Council authorized the execution of a
purchase order with Smithson Electric, Inc. in the amount of $68,880.00 per RFQ F-06-22.
Recommended Motion:
Adopt Resolution
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution,
Agreement, Quotes
Phone: 5140
Ward: All
FUNDING REQUIREMENTS:
Amount: $ 36,550.00
Source: FY 07-08
Account Numbers
(See attached)
Finance:
Council Notes:
Agenda Item No. ..:tI
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
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Subject:
Resolution authorizing the execution of an agreement and issuance of a purchase order in
the amount of $36,550.00 with two (2) one-year extensions at the City's option between the
City of San Bernardino and Smithson Electric, Inc. pursuant to Section 3.04.010 B-3 of the
Municipal Code for loop replacement services, labor, and materials utilized by the Public
Services Department, Streets Division.
Background:
On June 19, 2006, Council authorized the execution of a purchase order with Smithson
Electric, Inc. in the amount of $68,880.00 for loop replacement services per Resolution No.
2006-187.
The Public Services Department, Streets Division maintains all street loops in the City. The
City has two (2) types of loops in the road. Pre-warning loops are placed in the road
approximately 300 feet ahead of a traffic signal. As traffic passes over the pre-warning loop,
a signal is sent to a traffic control box to assist with traffic flow. Regular loops are also placed
in the road, but are close to the intersections. As traffic passes over a regular loop, a signal
is sent to the traffic control box to inform the computer system that traffic is beginning to stop
at an intersection. The loop signals allows traffic to move more often and reduces the waiting
time of vehicles at intersections. Both types of loops cost the same.
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Notices inviting quotes for loops were sent to three (3) qualified vendors. All three (3)
vendors responded. Smithson Electric, Inc., was the lowest quote. The vendor, their
. business location, and price quote are listed below.
Vendor
Smithson Electric, Inc.
New West Signal
Global Road Sealing, Inc.
Location
Orange
Fontana
Westminster
Quote
$215.00 per loop
$220.00 per loop
$310.00 per loop
Staff recommends that Smithson Electric, Inc. be issued a purchase order in the amount of
$36,550.00 to replace the needed loops. Attached is a listing of the ward, capital
improvement project number, physical project location, account number, number of loops and
dollar amount to be spent at each project location for loop replacement services, labor, and
materials.
Financial Impact:
Funds for these repairs are available and have been budgeted in the FY 07-08 Budget as
part of the City's Capital Improvement Program.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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 $36,550.00 WITH TWO
(2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SMITHSON ELECTRIC, INC. PURSUANT TO SECTION
3.04.010 B-3 OF THE MUNICIPAL CODE FOR LOOP REPLACEMENT SERVICES,
LABOR, AND MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
STREETS DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Smithson Electric, Inc. submitted the lowest quote for loop
replacement services, labor and materials; and
SECTION 2. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Services Agreement between the City of San Bernardino and
Smithson Electric, Inc., a copy of which is attached hereto, marked Exhibit A and
incorporated herein by reference as fully as though set forth at length; and
SECTION 3. That pursuant to this determination the Purchasing Manager is
hereby authorized to issue the purchase order to Smithson Electric, Inc. for a total
amount of $36,550.00. The purchase order shall reference this Resolution No.
2007 and shall read, "Smithson Electric, Inc. for loop replacement services,
labor and materials throughout the City of San Bernardino." P.O No.
, not to
exceed $36,550.00 and shall incorporate the terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order is rescinded if it is not issued within sixty (60) days of the passage of this
resolution.
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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 $36,550.00 WITH TWO
(2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND SMITHSON ELECTRIC, INC. PURSUANT TO SECTION
3.04.010 B-3 OF THE MUNICIPAL CODE FOR LOOP REPLACEMENT SERVICES,
LABOR, AND MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
STREETS DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
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24 Approved as to Form:
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DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
By:
J mes F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 15th day of October
2007, by and between Smithson Electric, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for loop replacement services, labor and
materials utilized by the Public Services Department, Streets Division; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
vendors for loop replacement services, labor and materials utilized by the Public Services
Department, Streets Division.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services for loop replacement services, labor and
materials.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $215.00 per loop up to the amount of $36,550.00 for loop
replacement services, labor and materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two (2) one-year
extensions at the City's option.
Exhibit "A"
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While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Exhibit "A"
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Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in the policy.
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NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
Exhibit "A"
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Smithson Electric, Inc.
1938 E. Katella Ave.
Orange, CA 92867
Telephone: (714) 997-9556
Contact: Patrick T. Smithson
10. ATTORNEYS' FEES
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 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 or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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.
15. HEADINGS.
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
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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4 and date set forth below.
5 Dated:
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9 Dated
VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
,2007
VENDOR
By:
Its:
,2007
CITY OF SAN BERNARDINO
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By:
Patrick J. Morris, Mayor
By:
James F. Penman, City Attorney
Exhibit "A"
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VENDOR SERVICE AGREEMENT
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4 ("CITY" or "San Bernardino").
5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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8 and in the best interest of the CITY to contract for loop replacement services, labor and
9 materials utilized by the Public Services Department, Streets Division; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
11 vendors for loop replacement services, labor and materials utilized by the Public Services
12 Department, Streets Division.
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16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services for loop replacement services, labor and
18 materials.
19 2. COMPENSATION AND EXPENSES.
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This Vendor Service Agreement is entered into this 15th day of October
2007, by and between Smithson Electric, Inc. ("VENDOR") and the City of San Bernardino
1.
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $215.00 per loop up to the amount of $36,550.00 for loop
replacement services, labor and materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two (2) one-year
extensions at the City's option.
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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. The
duration of this Agreement may be extended with the written consent of both parties.
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17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
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19 5. INSURANCE.
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INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 924 I 8
Telephone: (909) 384-5140
TO THE VENDOR:
Smithson Electric, Inc.
1938 E. Katella Ave.
Orange, CA 92867
Telephone: (714) 997-9556
Contact: Patrick T. Smithson
10. ATTORNEYS' FEES
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 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 or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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.
15.
HEADINGS.
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
ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: , 2007
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9 Dated
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VENDOR
By:
Its:
,2007
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
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SEP 2~. 2m U'ArJ
NO. ~ ~ 6 p
SMITHSON ELECTRIC, INC.
8PECIALIZlNG IN TRAFFIC SIGNALS
Co"tr. Lio.814518
September 25, 2007
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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909-384-5190
Attention: Javier
RE: Traffic Loop DeteclorB City-widCl Maintenance Contract
Smithson Electric, Inc. would like to renew our maintenance contract with the
City orSan Bemardino. Due 10 rising labor, fuel and material Calls we must
request a price increase to 5215.00 per traffic loop. We would also like to reqUClS!
that this price be considered for a two-year period with an option to renew with a
S% increue at the time.
We appreoiate the opportunity of working with your city.
Regards,
m ~ J;v.,l".
Marija Fudge, Contracts Administrator
Stnithson Electric. Inc.
cc: File
1938 E. I<Itelfa Ave., Oiling., CA ~7-51 09 . Office: 714-1197-9558 . Fax: 71...g97-95!lQ
Sap 24 07 01 :35p
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NEW WEST SIGNAL
14055 Foothill Blvd., Fontana, CA 92335
(909) 356-1735 (909) 356-1789 Fax
UC.# 720147
TO: Scott
San Beraanlillo TntrlC Dept.
We hereby submit speciflcBlions and estimates for:
PROPOSAL
PHONE
DATE 09/24107
JOB NAMEILOCATJON
Mill and o-Jay 200712008
Install 100 Traffic loops at various locations in City ofSen Bernardino $2201EA
Notes:
I. Permils BIldlor Inspections fees, if required, are not Included.
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We Prupose hnbytD Ibmish II18IeriaI and labor -- complete in aceordance with the above specifications,
for the sum of: Twen1;y Two Thousand dollars($22,OOO.oo )
Pa)ment to be made as 38 day prop-ess paymeDts, muimum 10% ReteDtioIa
All mllleri.. is......._ to be os spcc:i!led. All -'< ID be camp_
in a pror_ional lallUlCl" accorciinc to IlIndard pracCiccs. Arty alleJ'8tion Dr
dcvialion Dum above speci1lc1licns iltYOlvLna: extra cos. wiD be executed
anI~ _ wrinca _, ond "in become an Clllra cIwp ~ ond......
the esdlllllc. AlI_ -cut upon siriUs, occicI..... or ddoys
bqund_conlrol. Owaer'o<anyfilc,_andulhcr_
iDs........ Oar "",110m ..fUlly _ by Worker's CornpenSlllioo
Insu...-
AeceptllJlce of Propesal- The above prices,
specifications and conditions are s8lisfactmy and are hereby
accepted. You are authorized to do the work as specified.
payment will be made as outlined above.
Date of AcceplllllCe:
~M"kM""CIl
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NOlo; nis.......... may be withdnwn by us
if noIl1CCcptC1d within J1) daya.
Signature
Signllture
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9/24/2007 2:00 PM FROM: Fax TO: 1 909 3845229 PAGE: 002 OF 002
GLOBAL ROAD SEALING INC
(Union signatories, DBE and MBE certified CT# -031176)
6341 Klamath Dr. Westminster, Ca 92683 LIe. #757584 Cltlss C-J2
Ph: (714) 893-0845 Fax: (714) 893-0945
Quotation
Project:
Location:
Looo installation various locations
City of san Bernardino
09-24-07
Bid DateffiDle:
Item
Unit rice
Extension
TrafticLoops
100 -150 loops
S 310.00
PRlCESARE GOOD FOR 45 DAYS OFTHE DATE OFTHIS PROPOSAL
Inclusions:
1. uwcut loop
2. InsIlIlI conductor
3. a..' HWCUt WIth hofmeIt rulJb8ttzed 8811I111J1
4. 1Ip1lCf/ loop to exta"'" OLe
5. htIIc confrol for loop IlI8IIIIlIItIon
Exclusions:
-,InauRl_ ptemIum __ of $2 millon, bond pnJmIum.
. utility petm/l81ff1d"'" ln8pectIon,..., IIdvIInce 8Ign posting of IIfIY kInd8, _alr.lld wvrlr,
notI'" ffl8ldent. IffId IIfIY IIJJm8 not 1Ip8citk:MIy Included under INCLUSIONS 88CIIon.
Estimator: Tri La
Note: minimum of 10 loops per shift. Unit price above does
not applied to quantity less than 10 loops per shift. A
mimimum charge of $ 3000.00 will be charged for quantity
less than 10