HomeMy WebLinkAboutInternational Coatings Company, INC - Contract - Bid 12301341 - 05-25-23DocuSign Envelope ID: 182266D9-F688-4422-9839-82E6CC5090AC
PRODUCT PURCHASE CONTRACT
This Contract is made and entered into by and between the CITY OF FRESNO, a California
municipal corporation (City), and International Coatings Company, Inc., a California company
(Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical
Specifications" for the following: Traffic Paint JBid File No. 12301341 copies of which are annexed
hereto, together with all the drawings, plans, and documents specifically referred to in said annexed
documents, and are hereby incorporated into and made a part of this Contract, and shall be known as
the Contract Documents.
2. PRICE. For the monetary consideration of ONE HUNDRED EIGHTY-SIX
THOUSAND ONE HUNDRED TWENTY ONE DOLLARS AND FORTY-SIX CENTS $186121.4fi ,
as set forth in the Bid Proposal, the Contractor promises and agrees to furnish or cause to be
furnished, in a new and working condition, and to the satisfaction of the City, and in strict accordance
with the Specifications, all of the items as set forth in the Contract Documents.
3. PAYMENT. The City accepts the Contractor's Bid Proposal as stated and agrees to pay
the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents. The Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil
Code section 2782 (if applicable), the Contractor shall indemnify, hold harmless and defend the City
and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not
limited to personal injury, death at any time and property damage) incurred by the City, the Contractor
or any other person, and from any and all claims, demands and actions in law or equity (including
attomey's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Contract. The Contractor's obligations under the preceding sentence shall apply
regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are
passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or by the willful misconduct, of the City or any of its
officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed under this
Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the
City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms
of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
5. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any authority to the
City Manager to administer the Agreement, any delegation of authority must be expressly included
in the Agreement.
[Signatures follow on the next page.]
RC PRODUCTS 1.17 9-04
DocuSign Envelope ID: 182266D9-F688-4422-9839-82E6CC5090AC
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here
below written, of which the date of execution by the City shall be subsequent to that of the Contractor's,
and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
A C ara}paiAunicipal corporation
SSa By: �tYa�(c,S 6/16/2023
Me Isla era es, Purchasing Manager
Finance Department
APPROVED AS TO FORM:
ANDREW JANZ
Cityd by:
BY. V, 6/16/2023
Date
Supv./Senior Deputy City Attorney
ATTEST:
T+ODD ST,,ERMER, CMC
city bLSigned by:
III �b� 6/19/2023
By: "l
M. Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Sherri Cuadros
Procurement Specialist
2101 G St. Building A
Fresno, CA 93706
Phone: (559) 621-1151
E-mail: sherri.cuadros@fresno.gov
INTERNATIONAL COATINGS COMPANY, INC.,
A C nQ,,wmpany
6LV , 6/16/2023
By:
Name:
Stephen Kahane
Title President
(If corporation or LLC., Board Chair,
6/16/2023
By:
Name: 7anet wells
Title:
Secretary/Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
O/"C'U'gned by:
� _r,UAk6s 6/16/2023
COMPANY:
International Coatings Company, Inc.
Attention: Stephen Kahane
President
13929 166th. Street
Cerritos, CA 90703
Phone: (562) 926-1010
E-mail: skahane@iccink.com
9-04
RC PRODUCTS 1.18
of F
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R°4RA
City of Fresno
Legislation Details (With Text)
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
el
APPROVED
File #:
ID 23-733 Version: 1 Name:
Type:
Action Item Status: Agenda Ready
File created:
5/2/2023 In control: City Council
On agenda:
5/25/2023 Final action:
Title:
Actions pertaining to the award of a requirements contract to International Coatings Co. in the amount
up to $186,121.46 for the purchase of Traffic Paint. (Bid File 12301341)
Sponsors:
Public Works Department
Indexes:
Code sections:
Attachments:
1. 23-733 Bid Evaluation, 2. 23-733 Fiscal Impact Statement
Date
Ver. Action By Action Result
REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, P.E., Director
Public Works Department
BY: BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
MARK A. RIVAS, Senior Management Analyst
Public Works Department, Streets, Landscape, and Graffiti Divisions
SUBJECT
Actions pertaining to the award of a requirements contract to International Coatings Co. in the
amount up to $186,121.46 for the purchase of Traffic Paint. (Bid File 12301341)
RECOMMENDATION
Staff recommends that the City Council award a requirements contract in the amount up to
$186,121.46 plus a 20% contingency, per year for one (1) year with the option for four (4) one-year
extensions to International Coatings Co., as the lowest responsive and responsible bidder for the
purchase of Traffic Paint and to authorize the Public Works Director or designee to sign the contract
on the City's behalf.
EXECUTIVE SUMMARY
The Street Maintenance Division of Public Works uses a requirements contract to purchase traffic
paint to be used by City crews for painted pavement markings and striping on various streets,
City of Fresno
Page 1 of 3
Printed on 5/29/2023
povreled by Legis[ar °'
File #: ID 23-733, Version
crosswalks, bike lanes, and curbing throughout the City of Fresno. The prior contract term has
expired and materials are currently being purchased utilizing a 6-month contract extension. On
January 18, 2023, the bidding process was initiated to establish a new requirements contract. Three
proposals were received, and International Coatings Co. was the lowest responsive and responsible
bidder with a bid amount of $186.121.46. After evaluation, staff recommends the award of a one (1)
year contract with the provisions for four (4) one-year extensions to International Coatings Co. in the
amount up to $186,121.46 plus a 20% contingency. Funding for this contract is included in the
FY2023 budget.
BACKGROUND
The Department of Public Works Street Maintenance Division uses traffic paint to paint and stripe the
painted pavement markings on streets, crosswalks, bike lanes, and curbing throughout the City of
Fresno, These materials are used by City crews to maintain existing painted pavement markings,
and to replace pavement markings that were removed during paving or slurry seal projects. The
execution of a requirements contract establishes a firm price, secured through competitive bidding,
for a specified time and allows the City to make material purchases as needed.
Specifications for the Traffic Paint Requirements Contract were distributed to five (5) Building
Exchanges, sent directly to seventeen (17) prospective bidders, and published on the City's
PlanetBids Online site on January 18, 2023. A public bid opening was held on February 28, 2023
and three (3) bids were received. The three proposals received were in the amount of $186,121.46,
$205,357.92 and $245,170.05. International Coatings Co., the City's current vendor, was the lowest
responsive and responsible bidder with a bid amount of $186,121.46.
Staff is satisfied with the materials which International Coatings Co. have supplied during the current
contract term and remains confident the vendor will continue to provide the City of Fresno with the
same quality materials. The current bid reflects a 69% increase from the previous contract award.
This is due to an industrywide increase in raw materials associated with the production of paint over
the last 6 years. The previous contract was executed on August 21, 2017. Staff is confident the City
received three competitively priced bids.
Funding for this contract is included in the FY2023 budget. It will be partially funded by Measure C
and State Gas Tax. Since this is a requirements contract, there is no obligation to purchase a
minimum amount of material if budgets or scopes of work are adjusted.
Council may reject all bids. If this were to happen, the City would be without an alternate option to
purchase the necessary traffic paint materials for approximately sixty (60) days while the contract is
rebid.
Staff recommends that the City Council award a requirements contract in the amount up to
$186,121.46 plus a 20% contingency per year for one (1) year with the Option for four (4) one-year
extensions to International Coatings Co., as the lowest responsive and responsible bidder for the
purchase of traffic paint and to authorize the Public Works Director or designee to sign the contract
on the City's behalf.
ENVIRONMENTAL FINDINGS
This contract is not subject to environmental findings due to the fact that this contract is for the
City of Fresno Page 2 of 3
File #: ID 23-733, Version: 1
purchase of materials and is not a project.
LOCAL PREFERENCE
Local preference was not implemented since this contract utilizes state funding.
FISCAL IMPACT
No General Funds are budgeted for purchases on this contract. Appropriations in the FY2023 budget
are funded through Measure C and State Gas Tax funding.
Attachment(s):
Bid Evaluation
Fiscal Impact Statement
City of Fresno Page 3 of 3 Printed on 5/29/2023
pondered by Legistar"'
Tina Your
From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of Sherri Cuadros via
DocuSign <dse_NA3@docusign.net>
Sent: Friday, June 16, 2023 4:19 PM
To: Clerk
Subject: Complete with DocuSign: 12301341 Contract.pdf
Follow Up Flag: Follow up
Flag Status: Completed
External Email: Use caution with links and attachments
DocuSign-
Sherri Cuadros
Sherri.Cuadros@fresno.gov
City Clerk,
Please DocuSign 12301341 Contract.pdf
Thank You, Sherri Cuadros