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HomeMy WebLinkAboutCC Resolution 14071 (Queue Cutter Traffic Poles)RESOLUTION NO. 14071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM DC ELECTRIC GROUP, INC. FOR THE ADVANCE MATERIAL PROCUREMENT OF TRAFFIC SIGNAL POLES FOR THE TAMALPAIS AVENUE QUEUE CUTTER IMPROVEMENTS PROJECT, CITY PROJECT NO. 11272, IN THE AMOUNT OF $63,705.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT. WHEREAS, construction has commenced on the Sonoma -Marin Area Rail Transit (SMART) project consisting of passenger rail operations between Santa Rosa and San Rafael, and ultimately to Larkspur; and WHEREAS, the SMART rail line will cross the City of San Rafael's downtown roadway network at five locations; and WHEREAS, upgrades to the City's traffic signal system are necessary for coordination between SMART's rail system and the City of San Rafael's traffic signal system; and WHEREAS, the purchase of new traffic signal poles to be installed as part of the City's Tamalpais Avenue Queue Cutter Improvements Project is required; and WHEREAS, the City solicited proposals for the traffic signal poles in accordance with San Rafael Municipal Code Section No. 11.50.170; and WHEREAS, DC Electric Group, Inc. submitted the lowest responsive and responsible proposal in an amount not to exceed $63,705.00; and WHEREAS, the original estimated construction budget of $1,130,000 noted in the November 16, 2015 staff report for this project included the procurement of the queue cutter poles. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The proposal from DC Electric Group, Inc. is hereby accepted at said price and the contract for traffic signal poles is hereby awarded to DC Electric Group, Inc. in an amount not to exceed $63,705.00. 2. The City Manager is authorized to enter into a purchasing agreement with DC Electric Group, Inc. in a form approved by the City Attorney and in an amount not to exceed $63,705.00. 3. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 16th day of February, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS Gamblin C � tc- r , ESTHER C. BEIRNE, City Clerk File No.: 18.01.81 of SAArRy� Page 1 / 1 !. 7 E3 o ; 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 DATE PO NUMBER Cai'rO`O�� (415) 485-3057 1 3/8/2016 I 00862 f VENDOR: 29335 SHIP TO: DC ELECTRIC GROUP INC. RO.BOX 7525 COTATI, CA 94931 FOB Point: Req. No.: 000622 Terms: Due Upon Receipt Dept.: PUBLIC WORKS Req. Del. Date: Contact: Younq, Hunter (415) 485-3408 Confirming? No Special Inst: Per quote 2/2/16; Resolution #14071 Quantity Unit Description Unit Price Ext. Price 1.00 Poles at 4th street (cil Tamalpais ave. 31,480.00 31,480.00 1.00 Poles at 5th ave (a) Tamalpais ave 16,450.00 16,450.00 1.00 Poles at Mission ave P Tamalpais ave 15,775.00 15,775.00 SUBTOTAL 63.705.00 BILI -To: DEPARTMENT OF PUBLIC WORKS TAX 0.00 P O BOX 151560 FREIGHT 0.00 SAN RAFAEL, CA 94915 TOTAL 63,705.00 Account Number Amount Account Number Amount E 246-44-99032-9270 63,705.00 AUTHORIZED SIGNATURE: �� K VENDOR COPY I. PUltCl LASE ORDER AS A CON'rRAC'r Phis Agreement, if issued as the result of a request for quotation offer, bid invitation or other lbrm of offer, is an acceptance of the Seller's offer and constitutes the contract between the City and Seiler. Phis Agreement, if issued as the result of a scaled bid with public opening or ora limnal request for proposal, is a formal contract which incorporates the bid specifications. In this case the terms. conditions, and provisions of the bid spccilications take precedence over conflicting terns add conditions shown on this document. 2. I I I LE AND RISK OF LOSS I he Seller assumes all risks in connection with the goods ordered herein until delivery is made to the City as specified, and the City has noted its acceptance. I he goods being acquired under this Agreement are subject to inspection and testing by the City at the place ofdcstination. Ifany goods arc found at any time to be defective or nonconlon ring, the City, in addition to all other rights, shall have the right to reject and return then in whole or in part at the Seller's expense and to receive full credit I -or thein, or to require their replacement without additional cost to the City. 1 ACC'EPI'ANCE Any additional or different terms or conditions which may appear in any communication from Seller are hereby expressly objected to and shall not be eficcive or binding unless specifically agreed to in writing by the Purchasing Manager, and no such additional or different Ions and conditions in any printed form of Seller shall become part of this contract despite the City's acceptance of goods or services unless such acceptance specifically recognizes and assents to their inclusion. Any objection by the Seller to the terms and conditions hcrcof shall be incllcctive unless the Purchasing Manager is advised in writing thereof within ten (I O)days of the dale of this Agreement. 1 SHIPPING INSrRUC'TIONS A All goods an to be shipped freight prepaid, F.O.B. Destination unless otherwise tiIatcd Where the City has so authorized in writing on the face of Itis Agreement, goods may be shipped F.O.B. shipping point, but Seller shall prepay all shipping charges, route the goods by the cheapest common carrier, or the carrier specified and list said charges as a separate item on the Seller's invoice. Each invoice for shipping chnlges shall be accompanied by the original ora copy ofthe bill indicating that such duugcs litre been paid. The City will not accept C.O.D. shipments. Seller shall mol inymc the goods for the City's account during shipment except upon the City's express written request. It Applicable shipping charges have either been included in the totals or arc ilenhizcd �cparalely on the face of the agreement. 5. SPECIALCHARGES Seller shall be responsible for the payment of all charges far handling. packaging. wrapping, bags, containers, and related matters unless the City hos assumed an express, wrinen obligation liter same on the face of this Agreement. 6. lDEN'I IIIC'AI ION All invoices, packages. shipping notices, instruction manuals, and other %written documents allccting thisAgreement shall contain an appropriate, identifying reference to this Agreement. Packing lists shall be enclosed in or attached firmly to the shipping par.kage. In the case of multiple container shipments, the Packing slip shall be placed in the lead package - 7 DFLIVFRY A Ile livcry shall be made within the timc(s) specified on the face of this Agreement. if Seller will not be held liable for failure to make timely delivery because of strikes. conscription of property, governmental regulations, act of God, or any other causes beyond Seller control, provided an extension of lime for delivery is obtained from the Purchasing Manager as soon as practicable after Seller is aware that delivery is or may he late. 8 Itltl'A('I I ANI)CANCELLAIION OF A(IItEEMEN,r A. In the event the Seller fails or refuses to deliver or provide the supplies. materials, equipment, or services within the time(s) specified hcrcin. or fails or refuses to comply with any requirement of the terms and conditions of this Agreement, the City may serve notice in writing upon Seller of its intention to purchase said supplies, materials, or equipment, or obtain said services from another source. Such notice shall contain the reasons for the City's intention to purchase from another source, and unless within ten (10) days after the serving of such notice. Seller shall make complete delivery and/or comply with all other terms and conditions of this Agreement, the City may make said purchase from another source. 13. If said purchase is made at a price higher than the bid price, the Seller shall be liable to the City for an amount not to exceed the difference between the actual purchase price and the price bid by Seller. Payment shall be made to the City upon demand, and if any payments are owing to the Seller by the City, such payments will be withheld and set off in an amount not to exceed the claim of the City against the Seller. C. In the event any tern or condition of this Agreement is violated as indicated in Paragraph (A) above, and Seller fails or refuses to comply after notice is given by the City, the City shall have the additional right, without further notice, to cancel this Agreement. If said cancellation is made, Seller will be declared to be an irresponsible vendor, in which case no Contract shall be awarded to him/her by the City for a period oral (cast one (I ) year from date of cancellation of the Agreement. Only after Seller submits evidence satisfactory to the Purchasing Manager to substantiate Seller's ability to deliver materials, provide services, and otherwise comply with City specifications and bid provisions will said Seller be deemed eligible, 9. NOTICE: A written notice shall be deemed served upon scaling said notice in a postage paid envelope addressed to the other party to this Agreement and depositing the same with the United States Post Office. For purposes of this Agreement, all notices shall be addressed as follows: Purchasing Manager, city of San Rafael, PO13 151560, San Rafael, CA 94915-1560. For purposes of this Agrccmcnt, all notices to Seller shall be addressed as indicated on the face of this Agreement 10. ROYAL1117SAND PAfE:N"I'S The Seller shall be responsible for and shall pay all royalties and patent fees. 1'he Seller shall defend all suits and claims for infringement of any patent rights and shall defend, indemnify and hold City harness from loss on account thereof. 11. TAXES A. Applicable sales and use taxes arc either included in the totals of cath item or arc shown as separate items on the face of this Agreement. 13. the City is exempt from payments of Fedcml Excise taxes. Exemption certificates will be furnished upon request. 12. LIENS, CLAIMS AND ENCUMBRANCES Seller warrants and represents that all goods will, when delivered hereunder, be free and clear of all liens, claims, or encumbrances of any kind. 13. ASSIGNMENT Seller shall not assign this contract, or the right to payment due hereunder, without City's prior written consent. 14. INDF'MNIFIC A'1'ION Seller agrees to release, indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, demands, liability, lawsuits or other actions for damage or injury to persons or property arising out of the Seller's operations under this Agreement, or the performance of this Agreement by Seger or its officers, employees, partners, directors or agents. 15. CONFORMITY WITII LAW AND SAFETY A. Seller shall observe and comply with all applicable laws, ordinances, codes, and regulations orgovemmental agencies, including Icdeml, stale. municipal, and local governing bodies, having jurisdiction over the performance of this Agreement including all provisions of the Occupational Salcly and I lealth Act of 1979 and all amendments thereto, and all applicable Icderal, %tale, municipal, and local sufcly regulations. Pcrl'ormance by Seller must be in accordance with these ordinances, codes, and regulations. Seller shall release, defend, indemnify and hold City harmless from any and all liability, fines, penalties, and consequences resulting from any non-compliance or violations of such laws, ordinances, codes, or regulations. B. If a death, serious personal injury, or substantial property damage occurs in conncction with the performance of this Agreement, Seller shall immediately notify the City Risk Management Office by telephone. Ifany accident occurs in connection with the performance of this Agreement, Seiler shall promptly submit to City a written report, in such form as may be required by City. I his report must include the following information: (1) the name and address of the injured or deceased person(s); (2) file name and address of Seller's subcontractor, if any; (3) the name and address of Seller's liability insurance carrier, and (4) a detailed description of the accident, including whether any of City's equipment, tools. or material were involved. 16. NON-DISCRIMINATION Seller hereby agrees not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age, sex, pregnancy, marital status, disability, or sexual orientation. 17. Al-1'ORNEY FEES I f any action at law or inequity is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs of suit, in addition to any other relief to which it may be entitled. Said fees may be fixed by the court in the same action, or in a separate action brought for that purpose. 18. GOVERNING LAW This Agreement shall be governed by file laws of file Slate of California. 19. AMENDMENTS File terms and conditions of this Agreement shall not be altered or otherwise modified except by a duly executed written amendment to this agreement. 20. ENTIREAGREEMENT A. the terms and conditions of this Agreement, including City's bid specifications and vendor's invoice, and any other documents expressly incorporated by reference herein represent the entire Agreement between the parties hereto with respect to the subject matter hcrcof, and this Agreement shall supersede any and all other prior agreements regarding the subject mutter between City and Seller, either oral or written. No other agreement, statement, or promise relating to the subject matter of this Agreement shall be valid or binding except upon a duly executed written amendment to this Agrccmcnt. B. Should any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of documents expressly incorporated herein, including vendor's invoice, the terms and conditions of this Agreement and City's bid specifications shall control. OF SANS f. 7 ..;4 . ; a t'a 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 o4Iif"°rDo� (415) 485-3057 VENDOR: 29335 DC ELECTRIC GROUP INC. P.O.BOX 7525 COTATI, CA 94931 FOB Point: Terms: Due Upon Receipt Req. Del. Date: Special Inst: Per quote 2/2/16; Resolution #14071 Quantity Unit Description 1.00 Poles at 4th street (cD Tamalpais ave. 1.00 Poles at 5th ave (a)_ Tamalpais ave 1.00 Poles at Mission ave (aD Tamalpais ave BILI -To: DEPARTMENT OF PUBLIC WORKS P O BOX 151560 SAN RAFAEL, CA 94915 Account Number E 246-44-99032-9270 AU'I'110R1J.CU SIGNA'T'URE: Amount 63,705.00 Page 1 / 1 DATE i PO NUMBER I 3/8/2016 I 00862 SHIP TO: Req. No.: 000622 Dept.: PUBLIC WORKS Contact: Younq, Hunter (415) 485-3408 Confirming? No Unit Price Ext. Price 31,480.00 31,480.00 16,450.00 16,450.00 15,775.00 15,775.00 SUBTOTAL 63.705.00 TAX 0.00 FREIGHT 0.00 TOTAL 63,705.00 Account Number Amount DEPARTMENT COPY L PURCHASE ORDER ASA CONTRACT This Agreement, if issued as the result of a request for quotation offer, bid invitation or other form of oller, is an acceptance of the Seller's offer and constitutes the contract between the City and Seiler. This Agreement, if issued as the result of a scaled bid with public opening or ora formal request for proposal, is a formal contract which incorporates the bid specifications. In this case the terms. conditions, and provisions of the bid specifications take precedence over conflicting terms add conditions shown on this document. 2. T rLE AND RISK OF LOSS 1 he Seller assumes all risks in connection with the goods ordered herein until delivery is made to the City as specified, and the City has noted its acceptance_ I he goods being acquired under this Agreement arc subject to inspection and testing by the City at the place of destination. [rally goods are (bund at any time to be defective or nonconfimning, the City, in addition to all other tights, shall have the right to reject and rcmm them in whole or in part at the Seller's expense and to receive full credit for them, or un require their replacement without additional cost to the City. V ACCEVIANCE Any additional or different terms or conditions which may appear in any communication from Seiler are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by the Purchasing Manager, and no such additional or different terms and conditions in any printed form ofSeller shall become part of this contract despite the City's acceptance of goods or services unless such acceptance specifically recognizes and assents to their inclusion. Any objection by the Seiler to the terms and conditions hereof shall be ineffective unless the Purchasing Manager is advised in writing thereof within ten (10)days of the date of this Agreement. •1 SHIPPING INS'I-RUCTIONS A. All goods are to be shipped freight prepaid, F.O.B. Destination unless otherwise +rated Where the City has so authorized in writing on the face of this Agreement, goods may be shipped F.O.B. shipping point, bill Seller shall prepay all shipping charges, route the goods by the cheapest common carrier, or the carrier specified and list said charges as a separate item on the Seller's invoice. Each invoice for shipping charges shall be accompanied by the original or a copy of the bill indicating that such charges have been paid. The City will not accept C.O.D. shipments. Seller shall not insure the goods for the City's account during shipment except upon the City's express wriucn request. It Applicable shipping charges have either been included in the totals or are itemized separ tcly on the face of the agreement. S SPECIALCHARGES Scllcr shall be responsible for the payment of all charges for handling. packaging, wrapping, bags, containers, and related matters unless the City has assumed an express, rvrillen obligation liar same on the face of this Agreement. 6 IDEN I'117CATION All invoices, packages. shipping notices, instruction manuals, and other written documents affecting this Agreement shall contain an appropriate, identifying reference to this Agreement. Packing lists shall be enclosed in or attached firmly to the shipping package. In the case of multiple container shipments, the Packing slip shall be placed in the lead package. 7. DEI.IVI-RY A. Delivery shall be made within the timc(s) specified on the face of this Agreement. It. Seller will not be held liable for failure to make timely delivery because of strikes. conscription orproperty, governmental regulations, act of God, or any other causes beyond Seller control, provided an extension of time for delivery is obtained from the Purchasing Manager as soon as practicable after Seller is aware that delivery is or may he late. 8. flit EACIIAN I)CANCE'LLA'TIONOFAGR 1:17NIENT A. In the event the Seller fails or refuses to deliver or provide the supplies. materials, equipment, or services within the timc(s) specified herein. or fails or refuses to comply with any requirement of the lams and conditions of this Agreement, the City may serve notice in writing upon Seller orits intention to purchase said supplies, materials, or equipment, or obtain said services from another source. Such notice shall contain the reasons for the City's intention to purchase from another source, and unless within tell (10) days after the serving of such notice. Seller shall make complete delivery and/or comply with all other terms and conditions of this Agreement, the City may make said purchase from another source. 13. I f said purchase is made at a price higher than the bid price, the Seller shall be liable to the City for an amount not to exceed the di0erence between the actual purchase price and the price bid by Seller. Payment shall be made to the City upon demand, and if any payments are owing to the Seller by the City, such payments will be withheld and set oll'in an amount not to exceed the claim of the City against the Seller. C. In the event any term or condition of this Agreement is violated as indicated in Paragraph (A) above, and Seller fails or refuses to comply alter notice is given by the City, the City shall have the additional right, without further notice, to cancel this Agreement. If said cancellation is made, Seller will be declared to be an irresponsible vendor, in which case no Contract shall be awarded to him/her by the City for a period of at (cast one (I ) year from date of cancellation of the Agreement. Only after Seller submits evidence satisfactory to the Purchasing Manager to substantiate Seller's ability to deliver materials, provide services, and otherwise comply with City specifications and bid provisions will said Seller be deemed eligible, 9. NOTICE A written notice shall be deemed served upon scaling said notice in a postage paid envelope addressed to the other party to this Agreement and depositing the same with the United States Post Office. For purposes of this Agreement, all notices shall be addressed as follows: Purchasing Manager, city of San Rafacl, P013 151560, San Rafacl, CA 94915-1560. For purposes of this Agreement, all notices to Seller shall be addressed as indicated on the face of this Agreement 10. ROYALTIES AND PATENTS The Seller shall be responsible for and shall pay all royalties and patent fees. The Seller shall defend all suits and claims for infringement orally patent rights and shall defend, indemnify and hold City harmless from loss on account thereof. 11. IAXI-S A. Applicable sales and use taxes are either included in the totals of cath item or are shown as separate items on the face of this Agreement. 13. The City is exempt from payments of Federal Excise taxes. Exemption certificates will be furnished upon request. 13. LIENS, CLAIMS AND ENCUMBRANCES Seller warrants and represents that all goods will, when delivered hereunder, be free and clear of all liens, claims, or encumbrances orally kind. 13. ASSIGNMENT Seller shall not assign this contract, or the right to payment due hereunder, without City's prior written consent. 14. INDEMNIFICATION Seiler agrees to release, indcmnify, hold harmless and defend City, its officers, agents, employees and volunteers from anti against any and all claims, demands, liability, lawsuits or other actions for damage or injury to persons or property arising out of the Seller's operations under this Agreement, or the performance of this Agreement by Seller or its officers, employees, partners, directors or agents. 15. CONFORMI7 Y WI771 LAW AND SAFETY A. Seller shall observe and comply with all applicable laws, ordinances, codes, and regulations of govcnunernal agencies, including federal, state. municipal, and local goo, crning bodies, laving jurisdiction over tilt performance of this Agreement including all provisions of the Occupational Salety and I lealth Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. Performance by Seller must be in accordance with these ordinances, codes, and regulations. Seiler shall release, defend, indemnify and hold City harmless from any and all liability, fines, penalties, and consequences resulting from any non-compliance or violations of such laws, ordinances, codes, or regulations 13. If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, Seller shall immediately notify the City Risk Management Office by telephone. If any accident occurs in connection with the performance of this Agreement, Seller shall promptly submit to City a written report, in such form as may be required by City. This report must include the following information: (1) the name and address of the injured or deceased persou(s); (2) the name and address of Seller's subcontractor, if any; (3) the name and address of Seller's liability insurance carrier, and (4) a detailed description of the accident, including whether any of City's equipment, tools. or material were involved. 16. NON-DISCRIMINATION Seller hereby agrees not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age, sex, pregnancy, marital status, disability, or sexual orientation. 17. ATTORNEY FEES If any action at law or inequity is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs of suit, in addition to any other relief to which it may be entitled. Said fees may be fixed by the court in the same action, or in a separate action brought fbr that purpose. 18. GOVERNING LAW Phis Agreement shall be governed by the laws of I'hc Slate of Califbmia. 19. AMENDMEN TS The terms and conditions of this Agreement shall not be altered or otherwise modified except by a duly executed written amendment to this agreement. 20. ENfIREAGREEMENT A. The terms and conditions of this Agreement, including City's bid specifications and vendor's invoice, and any other documents expressly incorporated by reference hcrcin represent the entire Agreement between the parties hereto with respect to the subject matter hereof, and this Agreement shall supersede any and all other prior agreements regarding the subject matter between City and Seller, either oral or written. No other agreement, statement, or promise relating to the subject matter of this Agreement shall be valid or binding except upon a duly executed written amendment to this Agreement. R. Should any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of documents expressly incorporated herein, including vendor's invoice, the terms and conditions of this Agreement and City's bid specifications shall control. SAN,Q Ext. Price OF 31,480.00 16,450.00 1400 Fifth Avenue 15,775.00 P.O. Box 151560 �a/iroc� San Rafael, CA 94915-1560 (415) 485-3057 VENDOR: 29335 DC ELECTRIC GROUP INC. P.O.BOX 7525 COTATI, CA 94931 FOB Point: Terms: Due Upon Receipt Req. Del. Date: special Inst: Per quote 2/2/16;Resolution #14071 Quantity Unit Description 1.00 Poles at 4th street (ED Tamalpais ave. 1.00 Poles at 5th ave (a7 Tamalpais ave 1.00 Poles at Mission ave (cD Tamalpais ave BILI -To: DEPARTMENT OF PUBLIC WORKS P O BOX 151560 SAN RAFAEL, CA 94915 Account Number E 246-44-99032-9270 AUTHORIZED SIGNA'I'URi:? Amount 63,705.00 Page 1 / 1 I DATE I PO NUMBER I 3/8/2016 I 00862 SHIP TO: Req. No.: 000622 Dept.: PUBLIC WORKS Contact: Younq, Hunter (415) 485-3408 Confirming? No Unit Price Ext. Price 31,480.00 31,480.00 16,450.00 16,450.00 15,775.00 15,775.00 SUBTOTAL 63.705.00 TAX 0.00 FREIGHT 0.00 TOTAL 63,705.00 Account Number Amount RECEIVING COPY L PURCI IASE ORDER AS A CONTRACT Ill is Agreement, if issued as the result of a request for quotation offer, bid invitation or other limn of offer, is an acceptance of the Seller's offer and constitutes the contract between the City and Seller. this Agreement, if issued as the result of a scaled bid with public opening or ofor formal request for proposal, is a formal contract which incorporates the bid specifications. In this case the terms. conditions, and provisions of the bid specifications take precedence over conflicting terms add conditions shown on this document. 2. '1'l II.E AND RISK OF LOSS 'file Seller assumes all risks in connection with the goods- ordered herein until delivery is made to the City as specified, and the City has noted its acceptance. 7 he goods being acquired under this Agreement are subject to inspection and testing by the City at the place of destination. ]rally goods are found at any time to be detective or nonconflnuing, the City, in addition to all other rights, shall have the right to reject and return them in whole or in part at lire Seller's expense and to receive full credit For them, or Io require their replacement without additional cost to the City. 3. ACCITI'ANCE Any additional or different terms or conditions which may appear in any communication from Seller are hereby expressly objected to and shall not be eflcctive or hinding unless specifically agreed to in writing by the Purchasing Manager, and no such additional or different terns and conditions in any printed form ofSeller shall become part of this contract despite the City's acceptance of goods or services unless such ncceptance specifically recognizes and assents to their inclusion. Any objection by the Seller to the terns and conditions hereof shall be ineffective unless the Purchasing Manager is advised in writing thereof within ten (10)days of the dale urlhis Agreement. 4 Sffll'PIN(.INSI'RUCTIONS A All goods arc to be shipped freight prepaid, F.O.B. Destination unless otherwise stated. Where the City has so authorized in writing on the face of this Agreement, goods may be shipped F•O-B. shipping point, but Seller shall prepay all shipping charges, route the goods by the cheapest common carrier, or the carrier specified and list said charges as a separate item on the Seller's invoice. Each invoice Fir shipping charges shall be accompanied by the original or a copy of the bill indicating that such charges have been paid. 'rhe City will not accept C.O.D. shipments. Seller shall not insure the goods for the City's account during shipment except upon file City's express written request. It Applicable shipping charges have either been included in the totals or arc itemized separately on the face of the agreement. 5. SPECIALCIIARGES Scllcr shall be responsible for the payment of all charges for handling. packaging, wrapping, bags, containers, and related matters unless (he City has assumed an express, written obligation lbr same on the face of this Agreement. 6. IDEN'I II ICAIION All invoices, packages. shipping notices, instruction manuals, and other written ducumcnls aflccting this Agreement shall contain an appropriate, identifying reference Io this Agreement. Packing lists shall be cnelosed in or attached firmly to the shipping package. In the case ol'mulliplc container shipments, the Packing slip shall be placed in till' lead package. 7 DELIVI-Ry A Delivery shall be made within the limc(s) specified on the face of this Agrccmcnt. If Seller will not be held liable for failure to make timely delivery because of strikes. conscription or property, governmental regulations, act of God, or any other causes heyond Seller control, provided an extension of time for delivery is obtained from the Purchasing Manager as soon as practicable after Seller is aware that delivery is or may he late. H. NItEACI I AND CANCI?LLAI'ION OF AGREEMEN,r A. In the event the Seller fails or refuses to deliverer provide the supplies. materials, equipment, or services within the lime(s) specified herein. or fails or refuses to comply w ith any requirement of the terms and conditions of this Agreement, the City may serve notice in writing upon Seller of its intention to purchase said supplies, materials, or equipment, or obtain said services from another source. Such notice shall contain the reasons for the City's intention to purchase from another source, and unless within ten (10) days after the serving of such notice. Seller shall make complete delivery and/or comply with all other terms and conditions of this Agreement, the City may make said purchase from another source. 13. If said purchase is made at a price higher than the bid price, the Seller shall be liable to the City for an amount not to exceed the diflcrcnce between the actual purchase price and the price bid by Seller. Payment shall be made to the City upon demand, and if any payments are owing to the Seller by the City, such payments will be withheld and set oft' in an amount not to exceed the claim of the City against the Seller. C. In the event any term or condition of this Agreement is violated as indicated in Paragraph (A) above, and Seller fails or refuses to comply after notice is given by the City, the City shall have the additional right, without further notice, to cancel this Agreement. If said cancellation is made, Seller will be declared to be an irresponsible vendor, in which case no Contract shall be awarded to him/her by the City for a period of at (cast one (I ) year from date orcancellation of the Agreement. Only after Seller submits evidence satisfactory to the Purchasing Manager to substantiate Seller's ability to deliver materials, provide services, and otherwise comply with City specifications and bid provisions will said Seller be deemed eligible, 9. NOTICE A written notice shall be deemed served upon scaling said notice in a postage paid envelope addressed to the other party to this Agreement and depositing the same with the United States Post Office. For purposes of this Agreement, all notices shall be addressed as Inflows: Purchasing Manager, city of San Rafael, P013 151560, San Rafacl, CA 94915-1560. For purposes of this Agreement, all notices to Seller shall be addressed as indicated on the face of this Agreement 10. ROYALTIES AND PATENTS '['he Seller shall be responsible for and shall pay all royalties and patent fees. The Seller shall defend all suits and claims for infringement of any patent rights and shall delcnd, indemnify and hold City hamticss from loss on account thereof. 11. TAXES A. Applicable sales and use taxes arc either included in the totals of each item or arc shown as separate items on the face of this Agreement. 13. ]'he City is exempt from payments of Federal Excise taxes. Exemption certificates will be furnished upon request. 13. LIENS, CLAIMS AND ENCUMBRANCES Seller warrants and represents that all goods will, when delivered hereunder, be Free and clear of all liens, claims, or encumbrances of any kind. 13. ASSIGNMENT Seller shall not assign this contract, or the right to payment due hereunder, without City's prior written consent. 14. INDEMNIFICATION Seller agrees to release, indcmnify, hold harmless and defend City, its officers, agents, employees and volunteers From and against any and all claims, demands, liability, lawsuits or other actions for damage or injury to persons or property arising out of the Seller's operations under this Agreement, or the performance of this Agreement by Seller or its officers, employees, partners, directors or agents. 15. CONFORMITY WI'I I I LAW AND SAFETY A. Seller shall observe and comply with all applicable laws, ordinances, codes, and regulations ot'governntental agencies, including federal, state. municipal, and local governing bodies, having jurisdiction over the performance of this Agreement including all provisions of the Occupational Sal'ety and I lealth Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. Performance by Seller must be in accordance w ith these ordinances, codes, and regulations. Seller shall release, defend, indemnify and hold City harmless from any and all liability, fines, penalties, and consequences resulting from any non-compliance or violations of such Imus, ordinances, codes, or regulations. R. Ira death, serious personal injury, or substantial properly damage oc'c'urs In connection with the performance of this Agreement, Seller shall immediately notify the City Risk Management Office by telephone. Ifany accident occurs in connection with the performance of this Agreement, Seller shall promptly submit to City a written report, in such form as may be required by City. This report must include the following information: (1) the name and address of the injured or deceased person(s): (2) the name and address of Seller's subcontractor, ifany; (3) the name and address of Seller's liability insurance carrier, and (4) a detailed description of the accident, including whether any of City's equipment, tools. or material were involved. 16. NON-DISCRIMINATION Seller hereby agrees not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age, sex, pregnancy, marital status, disability, or sexual orientation. 17. ATTORNEY FEES ]rally action at law or inequity is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs orsuit, in addition to any other relief to which it may be entitled. Said fees may be fixed by the court in the same action, or in a separate action brought far that purpose. 18. GOVERNING LAW This Agreement shall be governed by the laws of The State of California. 19, AMENDMENTS The terms and conditions of this Agreement shall not be altered or otherwise modified except by a duly executed written amendment to this agreement. 20. LNTIRLAGRLIiMENT A. The terms and conditions of this Agreement, including City's bid specifications and vendor's invoice, and any other documents expressly incorporated by reference herein represent Ilse entire Agreement between the paries hereto with respect to the subject matter hereof, and this Agreement shall supersede any and all other prior agreements regarding the subject matter between City and Seller, either oral or written. No other agreement, statement, or promise relating to the subject matter of this Agreement shall be valid or binding except upon a duly executed written amendment to this Agreement, B. Should any conflicts arise between the terms and conditions of this Agreement and the terms and conditions ofdocuments expressly incorporated herein, including vendor's invoice, the terms and conditions of this Agreement and City's bid specifications shall control. ELECTRIC Group, Inc_ February 2, 2016 City of San Rafael Department of Public Works 111 Morphew St. San Rafael, CA 94915 Attn: Hunter Young Job Name: Tamalpais Avenue Queue Cutter Improvements — Furnish Poles Job Location: Tamalpais Ave between Fourth Street & Mission Ave, San Rafael, CA Dear Hunter, We offer to furnish the following material for the above referenced project, including applicable taxes and delivery to our yard at 8023 Gravenstein Hwy S., Cotati, CA 94931, as requested in your bid request dated January 22, 2016: Quantity Description Price Extension 4TH STREET @ TAMALPAIS AVE 1 PAINTED SPECIAL POLE, 40, 15 1 PAINTED SPECIAL POLE, 30,15 2 PAINTED 15TS, 15 1 PAINTED 15TS, 6 1 PAINTED 1-A(10') 3 PAINTED 1-A(T) 1 PAINTED PPB POST LOT $31,480.00 *POWDER COAT PAINT RAL 6025 5TH AVE @ TAMALPAIS AVE 2 GALV 17-3-100, 20, 15 1 GALV 16-3-100, 20 (NO LMA) 1 GALV 15TS, 15 1 GALV 15TS (NO LMA) 2 GALV 1-A (10') 2 GALV 1-A (T) 1 GALV PPS POST LOT $16,450.00 MISSION AVE @ TAMALPAIS AVE 1 GALV 17-3-100, 20, 10 1 GALV 17-3-100,15, 10 1 GALV 15TS, 15 1 GALV 15TS, 10 2 GALV 15TS (NO LMA) 2 GALV 1-A (10') 1 GALV 1-A (T) 1 GALV PPB POST LOT $15,775.00 GRAND TOTAL (INCLUDES TAX & DELIVERY)... $63,705.00 • This price is valid for 30 days. • Lead-time = 8-10 Weeks from Receipt of Approved Submittals and Notice to Proceed from the City. • Caltrans Source Inspection Not Included. • It's understood this sale does not prohibit DC Electric Group, Inc. from bidding the construction aspect of the subject project. DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419 Lic. #949934 DIR #1000003395 SBE #1748848 ELECTRIC Group, Inc_ This proposal is hereby accepted on this day of 2016. City of San Rafael By: Title: DC Electric Group, Inc. Tim Carter ---r> Project Manager/Estimator DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419 Lic. #949934 DIR #1000003395 SBE #1748848 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 2/16/2016 From: Dean Allison Department: Public Works Date: 1/25/2016 Topic: QUEUE CUTTER TRAFFIC SIGNAL POLE PROCUREMENT Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM DC ELECTRIC GROUP, INC. FOR THE ADVANCE MATERIAL PROCUREMENT OF TRAFFIC SIGNAL POLES FOR THE TAMALPAIS AVENUE QUEUE CUTTER IMPROVEMENTS PROJECT, CITY PROJECT NO. 11272, IN THE AMOUNT OF $63,705.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT. Type: X Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS X Finance Director Remarks: VB -approved 2/5/16. X City Attorney Remarks: LG -Approved 2/4/16 with minor suggestions. X Author, review and accept City Attorney / Finance changes Remarks: KM 2/5/16 Z City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: