HomeMy WebLinkAbout2008-310
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RESOLUTION NO. ?OOR-11O
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 PURSUANT TO SECTION 3.04.010-B3 OF
THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL
FOR THE INSTAllATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE
BETWEEN 30TH AND 34TH STREETS. .
WHEREAS, New West Signal submitted the lowest quote for the installation of
new streetlights on Parkside Drive between 30th and 34th Streets.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and New West Signal, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, "Purchases approved by the Mayor and Common Council."
SECTION 3. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a purchase order to New West Signal in
an amount not to exceed $125,200.
SECTION 4. The Purchase Order shall reference Resolution No. 2008-310
and shall read, "New West Signal for the installation of new streetlights on Parkside
Drive between 30th and 34th Streets, P.O. No.
. not to exceed $125,200" and
shall incorporate the terms and conditions of the agreement.
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2008-310
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER PURSUANT TO SECTION 3.04.010-B3 OF
THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL
3 FOR THE INSTALLATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE
BETWEEN 30TH AND 34TH STREETS.
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SECTION 5. 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Order is rescinded if it is not issued within sixty (60) days of the passage of this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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2008-310
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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 PURSUANT TO SECTION 3.04.010-B3 OF
THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL
FOR THE INSTAllATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE
BETWEEN 30TH AND 34TH STREETS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 4th day of August
, 2008, by the
8 following vote, to wit:
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Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~,Ik.~.
Ra el G. Clark, City Clerk
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The foregoing resolution is hereby approved this
August , 2008.
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2.008-310
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of August 2008, by and
between New West Signal ("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 the installation of new streetlights; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the installation of new streetlights; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City;
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 as set forth on Attachment "A" attached
hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $125,000, for the installation of new
streetlights on Parkside Drive between 30th and 34th Streets.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year.
EXHIBIT "A"
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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.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, 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
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. 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.
7. 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 licenses, if any are required, in connection with the services to be
performed hereunder.
8. 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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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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:
New West Signal
14055 Foothill Blvd.
Fontana, CA 92335
Telephone: (909) 356-1735
Contact: Chris Wright
9. 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.
10. 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.
11. 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
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws ofthe State of California.
13. 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.
14. HEADINGS.
The subject headings of the sections ofthis Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provlSlons.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
2008-310
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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VENDOR SERVICE AGREEMENT
NEW WEST SIGNAL
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated;, {)..o , 2008
VE
By:
Its:
Dated /2/~ 7 , 2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City M
Approved as to Form:
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. ATTACHMENT "A"
NEW WEST SIGNAL
14t.55li'ootIliIlBmL, ll'oatalUI, CA!m3S
(909)3~1735 (909)3s&.1189Fu
Uc.#720141
1"0: Scou 7A:hm Fax 909-384-5229'
atyofSu ...~
PROPOSAL
. PHONE 384-524S
DATE 04111108
JOB NAMEILOCA'l1OPf
Pa1tsIde Ave Street /lPIir1g
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We lIereby...bmit speeIfIe.uuu .... edlmatcs Cor:
1aslaII_1lsJuinS system 011 PadcsiclG Ave $125.200.00
lDclu....; filml.".. iDs1IlII type 3Br service, 10 ~pole..1ld lixIDrcs, 13 pole fiIlmdIIions,
191. 3-112 pull bc=s, 2600' -tJ-Kh 1IO PVC wl318 ~ demo ofcxistlugfounclolioasmd
saI_ palea1DCiI)'. AD ~lIwlrin&lIDd_shaI1 be......... din pIai:o.
Notes;
1. Pennits lIIIdIar lDspectioas fees, ifreqnired, lftllDt included.
2. Trafticcon1rOl, tbr aurqJel1llious, is inMJdod.
3. PIIn.... """'o1ll'oved ad SpaclaI Pavvisioas _UOlprovlded, upon n:c:eipt ofsi&ned setaprice
CbllJl&ll'may_.
4_ CompaetiaD l8stins is _ ;"'-.+4
S. ildiaen 6oes.... DOt ;............
· ID5Innc:e lnc:Iuded in 111 is pruposaJ is$I,ooo,OOO peroccurreace and $2,000.000 ~
We Propose IIereb)t 110 fbmlsh lllllerial and IIbor - .-10...... in _ola...:e wUllbe abow spec'ifirorl.....,
tbrlbulIIIl lit One HUlldnld ~.fiw Thlllllllld Two I-IuadJlsd cIoIIm(S 125,200.00 ) .
Payment to be made as 3tI day prognss ~
AII_Is__...............'A11 _10" ._
in.... . r_ .......____. """_...
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ClDIJ'_wdaca______-..ovorond_
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iaIanDGe. Ow........_JiJIlyaMlldllJ~s C"'~... ....1.'11
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AeeepbIMe efPJ~J,.,,,.1 -The...... prioes,
sperllJMi....1IId CIIlIditiaas _ <~ It4ry IIId _ hen:by
ac:ccptecI. You ate ...Abv,ized II) <lD 1be IIWlIk as spec;ified.
f'lIyIDtQtwlll be JmIde as DlII1iDl:d ~
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2008110
Sferro Pacific Electrical Cantracting
2542 "..... $tNct "'..IIdo., Ca. ft509
Ph: 981I784-J410 LIaensc #264041 C-l0
fc" lI51/784 4. 1\It FCDc: 5151/784..1551
PROPOSAL
QuonI #: Sd..-daCllJ2108
NaMe: aty or ... "104 dJno
AddNwI 234 SGutII Mt VIlaI low. .
San Bernardlno, ClI. 92410
ba1e: M.ay 21, 2008
Attnl Scott %ehm
Phonal ,o,/384-!Z45
FllX: gl384-&22Sl
.rob Acldrasl 81 U._ _, SaIl ~
Tha U~ CIgI'IICll to ftrnlsh CIIId prwlcl....ecu r Iabor.lIIIIleI'lak. tools 1~.CIIId appurfeIlGI_ to.,.... fwm
Cllldcalllpletclnogood-menllka_fhllfoHowlng:........ _ i11sta1113 atNlIt lights, ~ tum"MlIIlII..--.
~. .un lIMa. ..,. pedemd and 3 1110 tIIIft '-'~ ( 11111 0 ...... _ and 2 _ 0 ...... -.) ~
Cll/ItilIg ,.. and ~l......
2,720 If Ii-1M. tI'lIIICh , AC . $18.40 If
6 pull II-. . $2OI!J.00 8Cl
2.720 If of I .. CllIIlIuctln e $2.35 It
SINet lights r..fo.''- 11 . $8llO.oo ...
&ut JtNet lights U . $3.714.00 ea
__ .trMt Ifght r~_"'"_ Ls
Mdt:' pedutoI a ...... NI .
Ilepr- 150 tIIIft ........ a . $232.00 eo
$10.048.00
$ 1,230.00
$ 6,m.00
$ 6,lIClO.00
$48,282.00
$12,472.00
$ 3,676.00
$ ..00
"lItheGbow-*tobe~fortheSUIIIgf: $12lt...oo OM HuadNd TInrlrIy NiM TIIoIPlllnd F1w.......... Ninety
8lx boIIora 0IId 110 _.
~ "III atioM 01' davlotioM fram th&.... ilMllvlltg utra cost of lIlANIloIl1iI' fabaoo, will baCDCUted 0lIIy DII a COIIII"act
SIlpIII'IIIIl frolll the _lII8IltlllllU'" All..,. .........", lI'IISt be In wrmrw.
In the - thot it ~ II" I ; to lnftifllls IllIt or to empIay D1111ftom1,y to collect tJnf JICIlIlMllt ar JXIrhIBIIIS due the
uncIelllgnad for fabaoo IlI'lllGterIa/s mlflted under this ~I_.""" or tJnf lIIOdtflCJtillll thereof, t""")'DIl fhoIl be IIobIe 111 the
unders/gIled fvr -..t CIl8tS and ",I.. ._'111 fees. SaId allUl"l1ll)"f ,...., be In CIIlOIlIlt equal to _third gf the amount for
which ........", b JII'CIYCd.
TIII'Inf of JIOYlIlIIIt shGlI ba CIll follaws:,.,...,.....
'THl51'A01'C/&1U.1IS VOXD D' NOT A<<S'i Ilu wrnaNhf tEEN DAYS
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. ~~611I.oop~
Acce~ . .
You In htrlIby 8lIIIIorizedto filnlfmall ~ IDIllaborrequired to complellollte work~OJWI in lite Ibave JllOIIOSll fiIl'whlch
we lJ&tee toPllJ the lIIIlOUIIt ~ III said pIOpAIlIIIl iIlllCCf>.dlu- with Il1o I!IlIlt tllceo!
A"'ft/"I'IcI ~lICI Aulltl I . by
Date:
Slgnecl:
Print:
Q8h13/03 12:2. FAl 8~83388343 .
SnUNlr CU
IlIIUU~
QUOTATION
STEINY & COMPANY, INC.
LICEN8l: 1161273. CLASS A, B, Co1.
12807 EAST GARVEY. BALOWlN PARK" CA 11708
PHOIIDa' US Ilt23 FACSlMILY fllH1I.uu
..... 18. 2001
SCOTT ZEHIlI
CIlY OF SAN BERNARDINO
841 N. SIERRA WAY
$AN BERNARDINO, CA.1l2410
.Imt
BROADIIOOR UGHTING PROJECT
QIJO'I'BJ! 3507P
BID DATE:
081808
BID TIIlII!:
1400
I!!JJ ITEM
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Y![!:.l
EXrENSION
PHASE II
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132.836.00
SO.OO
TOrAL 1
ExGIudeI: 1)AB permit. design 8'ld in.,._.lIol. c:oeIB.
2) AI band costa. (1~ of bill amaunt or $500.00 minimum, If raqulRld.)
3) SUrvey & UtiI1ty Fees.
4) W__d 8Ild NIght Work.
Noles: 1) Quo\e vIIIid for 30 Days.
2) AD T & M WOI1t to be petfonned per 1he Standercl ~.. for Public WoriaI
construcllon. M8rk-ups ehall be as folIow8:
A) Mal8I181-16~, B) Equfprnenl.'15%. C) Labor - 20%.0) S\ib-&acto. -10%.
3) TraIIIc control for our work Is lnc:Iudvd
4) Lesd-tlme for I'll8lIll'laIls 14-16 weeks ARO. ,
6) AIIll18ter1a1 CIlSla are dlllt pr!orlD onIlll1ng I.ang lel1d II&ma If General eu. .to....h. or
Owner'Nan LLC. Balancel& due et.....~afstelny and Co., Inc.lCOP8ofWOllc-
8) ClIy Is .., fImlah 3 poles and we _to fuml$h 1" 14 flxtures and 1 aeMce..
1) The pole we prllIIlllIe 10 8Upply Is 23CT11 OLYMPIAN.
Estimator