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HomeMy WebLinkAboutReso 60-2016 (16-430)So City of South San Francisco P.O. Box 711 (City Hall,at-n v 400 Grand Avenue) South San Francisco, CA Jar 0A Resolution: RES 60-2016 File Number: 16-430 Enactment Number: RES 60-2016 RESOLUTION APPROVING A COOPERATIVE PURCHASING AGREEMENT WITH ROSS MCDONALD, INC. FOR THE PURCHASE OF FURNITURE AND SHELVING FOR GRAND AVENUE LIBRARY IN THE AMOUNT OF $159,084.71 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, shelving and furniture are required as part of the Grand Avenue Renovation Project; and WHEREAS, the South San Francisco Municipal Code Section 4.04.040 authorizes the City of South San Francisco to take advantage of valid contract terms negotiated by another government agency that has used a quote or bid process substantially conforming to the above referenced chapter; and WHEREAS,the California Multiple Award Schedules ("CMAS") program does substantially conform to South San Francisco Municipal Code Section 4.4.040; and WHEREAS, Ross McDonald Company, Inc. is a valid vendor under the CMAS program; and WHEREAS, in addition to the 32 percent CMAS discount, Ross McDonald Company has offered a 22 percent repeat customer discount on the CMAS price for shelving units; and WHEREAS, funding for this purchase is included in the previously adopted budget; and WHEREAS, staff recommends authorizing a cooperative purchasing agreement with Ross McDonald in the amount of$159,084.71. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a purchase agreement between the City of South San Francisco and Ross McDonald, Inc. for the purchase of shelving and furniture for Grand Avenue Library in the amount of$159,084.71 and authorizes the City Manager to execute the agreement. At a meeting of the City Council on 5/25/2016, a motion was made by Councilmember Normandy, seconded by Councilmember Garbarino, that this Resolution, RES 60-2016 be approved. The motion passed. Yes: 4 Councilmember Normandy, Councilmember Garbarino, Councilmember Matsumoto, and Vice Mayor Gupta Absent: 1 Mayor Addiego Page 1 File Number: 16-430 Enactment Number: RES 60-2016 Attest by (//40 Kris 7MIPrelli 410 Page 2 Page 1 of 4 [Rev:2.13.2014] PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ROSS MCDONALD CO., INC. These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Ross McDonald Co., Inc (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as “the Vendor.” 1. Time of Performance. This Purchase Agreement shall commence effective May 31, 2016, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A (“Products” and/or “Services”). The equipment and products listed in Exhibit A must be delivered by August 17, 2016. The installation and other services set forth in Exhibit A must be completed by August 26, 2016. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish the City with 1 computer table, 37 display gondolas, 1 service desk, and 1 podium and shall complete delivery F.O.B. to the City of South San Francisco on or before 87 days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed one hundred fifty nine thousand eighty five dollars ($159,085.00). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100%) of City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for five years that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. Page 2 of 4 [Rev:2.13.2014] 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. 8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. 9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self- insured retention and also must disclose the deductible. The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. Page 3 of 4 [Rev:2.13.2014] A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. B. Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 12. Tax Withholding. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 15. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City’s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 16. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. 17. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. CITY OF SOUTH SAN FRANCISCO VENDOR A Municipal Corporation By:___________________________ By:___________________________ Mike Futrell, City Manager Cindy Anderson, Corporate Secretary Approved as to Form: ATTEST: __________________________ ____________________________ City Attorney City Clerk Page 4 of 4 [Rev:2.13.2014] Exhibit A Ross McDonald Co. Inc. Quotations SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/17/2016 McGovern Insurance 1625 El Camino Real Belmont, CA 94002 650-593-8216 650-594-9130 www.jemins.com Sylvia McGovern Ross McDonald Company, Inc 1154 Stealth Street Livermore CA 94550 29951710 3 3 3 3 Additional Insured & Primary Phrase: See Attached City of South San Francisco South San Francisco Public Library 840 West Orange Avenue South San Francisco CA 94080 RE: Shelving Installation @ SSF Public Library Branch Facility, 306 Walnut Avenue, SSF RMC#B15163 & B16005 *30 day written Notice of Cancellation, except for non-pay of premium which is 10 days. A 1,000,000.60438173 10/20/2015 10/20/2016 300,000. 3 5,000. 3 1,000,000. 2,000,000. 2,000,000. Deductible 1,000. 3 A 60438173 10/20/2015 10/20/2016 1,000,000. 3 3 3 3 A 60438173 10/20/2015 10/20/2016 1,000,000.33 1,000,000. B MWC 0000 425-06 1/4/2016 1/4/2017 3 1,000,000. 1,000,000. 1,000,000. Financial Pacific Insurance Company 31453 Markel Insurance Company 38970 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 1 of 8 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: This policy includes a self-insured retention with a deductible of $1,000. The self- insured retention on this policy may be paid by either the named insured or the Additional Insured. ROSSM-4 McGovern Insurance Ross McDonald Company, Inc 1154 Stealth Street Livermore CA 94550 60438173 10/20/2015Financial Pacific Insurance Company 31453 25 Certificate of Liability (03/16) ADDENDUM HOLDER: ADDRESS: City of South San Francisco South San Francisco Public Library 840 West Orange Avenue South San Francisco CA 94080 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 2 of 8 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Additional Insured: The City of South San Francisco, its elected and appointed officers, officials, employees, agents, contractors, and consultants ROSSM-4 McGovern Insurance Ross McDonald Company, Inc 1154 Stealth Street Livermore CA 94550 60438173 10/20/2015Financial Pacific Insurance Company 31453 25 Certificate of Liability (03/16) ADDENDUM HOLDER: ADDRESS: City of South San Francisco South San Francisco Public Library 840 West Orange Avenue South San Francisco CA 94080 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 3 of 8 60438173 10/20/2015 10/20/2016 RE: Shelving Installation @ SSF Public Library Branch Facility, 306 Walnut Avenue, SSF RMC#B15163 & B16005 Additional Insured(s): The City of South San Francisco, its elected and appointed officers, officials, employees, agents, contractors, and consultants 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 4 of 8 Ross McDonald Company, Inc 60438173 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 5 of 8 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 6 of 8 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 7 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990301 (Ed. 12-06) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule. SCHEDULE 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3010 percent of the california Workers' Compensation premium otherwise due subject to a minimum premium of $750. per policy. This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: Endorsement No.: Insured: Premium (See Above) Insurance Company: Markel Insurance Company Countersigned by: WC 99 03 01 Ross McDonald Company, Inc The City of South San Francisco, its elected and appointed officers, officials, employees, agents, contractors, and consultants MWC 0000 425-061/4/2016 29951710 | ROSSM-4 | 16/17- GL, AU, EX, WC | MaryAnn Worman | 5/17/2016 11:56:11 AM (PDT) | Page 8 of 8