HomeMy WebLinkAbout2009-196
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RESOLUTION NO. 2009-196
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $250,000 BY
EXERCISING THE FIRST OF TWO (2) ONE-YEAR EXTENSIONS BETWEEN THE
CITY OF SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR LIGHT
MAINTENANCE SERVICES.
WHEREAS, Fluroresco Lighting & Signs previously submitted the lowest bid for
light maintenance services per RFQ-F-08-19; and,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
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authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Fluoresco Lighting & Signs, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully as though set
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Fluoresco Lighting &
Signs in the amount of $250,000 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
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shall read, "Fluoresco Lighting & Signs for light maintenance services, for a total not to
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exceed $250,000" and shall incorporate the terms and conditions of this Resolution.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
2009-196
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $250,000 BY
EXERCISING THE FIRST OF TWO (2) ONE-YEAR EXTENSIONS BETWEEN THE
CITY OF SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR LIGHT
MAINTENANCE SERVICES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a jnin" rpgnlor
7 meeting thereof, held on the 6th
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day of July
, 2009, by the
following vote, to wit:
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25 Approved as to Form:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
.~
Ra hel G. Clark, City Clerk
ti-
The foregoing resolution is hereby approved this ~___ day of
July , 2009.
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2009-196
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of July 2009, by and
between Fluoresco Lighting and Signs ("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 light maintenance services; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for light maintenance services per RFQ-F-08-19; 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 in RFQ-F-08-19, a copy of which
is attached hereto as Attachment "I" and incorporated by this reference.
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 $250,000, for light maintenance service.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from July 6,2009 through June 30, 2010, with one
(1) final year extension at the City's option. Option year two, if exercised, shall be effective
July I, 2010 through June 30, 2011.
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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 amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
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 or
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
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
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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:
Fluoresco Lighting & Signs
2778 Pomona Blvd.
Pomona, CA 91768
Telephone: (909) 592-0870
Contact: Bryce Pennington
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 ofthis 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 of the 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 of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
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.
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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
FLUORESCO LIGHTING AND SIGNS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
D'M~2009
Dated r; 'i '1 ,2009
By:
Charles E. McNeely,
Approved as to Form:
,f~
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ATTACHMENT "1"
COpy
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-08-19 (RE-BID)
STREETLIGHT MAINTENANCE SERVICES CONTRACT
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
PROJECT DESCRIPTION
The Public Services Department, Streets Division is responsible for Maintenance and
repair of streetlights owned by the City of San Bernardino. The City's streetlights
inventory total approximately 11,000 streetlights. The goal of the Streetlight
Maintenance Services program is to keep all streetlights operational. The intent of this
Request for Proposal is to solicit proposals from qualified vendors with experience in
providing Streetlight Maintenance Services. The City is looking for the most responsive
and responsible vendor that will be committed to provide consistent and high level
service in Maintenance the City's streetlights. Through a competitive qualification and
bid based procurement process, the City of San Bernardino intends to enter into an
agreement with a qualified vendor for Streetlight Maintenance Services.
The vendor will be expected to use its own equipment, tools, and manpower to
Maintenance the City's streetlights. The City will supply the materials to complete the
projects.
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State 'Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
'As Specified" if item is exactly as set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPT ABLE I AS SPECIFIED
1. GENERAL MAINTENANCE
General Maintenance will consist of repairs to the ACCeflf<Ab/e.
street light system. The primary repair to the system
will consist of bulb replacement, photocell
replacement, reflectors, and cleaninq the fixture.
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General Maintenance must also include automatic
repairs of any day burners or complete circuits that Acc.efh\h/e.
are energized due to photocell being painted on
service pedestal, or any other reason for light to be
on during daylight hours.
Additional services or repair to other components of Au..epfo.bl-e
the system will consist of fuses, wiring, replace
entire luminaries, starter, ballast, igniters, -57coov/'r:
connective wiring, shorting caps, and service point
components. Please provide an hourly rate.
2. MONTHLY NIGHT INSPECTIONS A CC ef7to..bi e
Perform a monthly night inspection of all
streetlights. A report will be submitted to the City j :3 '1 00 hr.
detailing the location of lights to be repaired.
Please provide an hourly rate.
3. FIVE (5) WORKING DAYS OR LESS
All reported inoperable lights should be repaired in Ac.c e.p fo. b 1'(.
five (5) working days or less.
4. EXTRA WORK
Maintenance will not include removal of Ac c ep+?tfol-e.
knockdowns, replacement of knockdowns nor
underground feeds.
Extra work: Includes any special work not covered
above. Price should be expressed in dollars per
hour for each class of employee inclusive of
equipment that may be used on the job.
Specialized equipment other than the standard See A Hue-A e d
bucket truck used for routine repairs may be priced
separately on a per hour basis. Material should be
billed as a separate application so it is clear how
these prices are applied.
5. STREETLIGHT BASE REPLACEMENT
Perform removal and replacement of standard AccepfCtble
streetlight pole base. The base will include conduit
and anchor bolts and will be supplied by the City of
San Bernardino.
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Please provide a cost breakdown for the following:
1-5 bases $ g':1. ()O
6-10 bases $ '61'1..00 Accep+o..bie
11-15 bases $ 73/. 0 ()
16-20 bases_1 fo9~ 00
6. PARTS & MATERIALS/EMERGENCY SERVICE
Parts and materials shall not be included in the cost Ace ef'f-LAb /.e
for all services. If parts are requested from
approved City Staff, please detail the percent 15"%
amount above the invoice.
7. STANDARDS OF PERFORMANCE
Services shall be performed under the Contract in a Acce.piv-..h Ie
skillful and competent manner; consistent with the
standards generally recognized as being employed
by professionals in the same discipline in the State
of California. The vendor represents and
Maintenance that it is skilled in the professional
calling necessary to perform the Services. The
vendor warrants that all employees and
subcontractors shall have sufficient skill and
experience to perform the Services assigned to
them.
8. QUALIFICATIONS/LICENSES
Qualified personnel shall perform all services. All
work with the exception of the replacement of bulbs A c.c e-p+CA. h l-c
and photocells shall be performed by licensed
electricians or journeyman lineman or under the
direct supervision of a licensed electrician or
journeyman lineman. Streetlight systems are
generally "live" systems which means the lines are
hot from the service point, through the conduit, up
the pole and to the photocell. A journeyman
electrician with high voltage splicing training shall
be required to work on live systems. The vendor
represents that it, its employees and subcontractors
have all licenses, permits, qualifications and
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2009-196
approvals of whatever nature that are legally
required to perform the Services, including a City
Business License, and that such licenses and
approvals shall be Maintenance throughout the C-IO#n8&)'~
term of this Contract.
A C-10 license is required for this contract.
9. SUBCONTRACTORS
The vendor must disclose all subcontractors prior to 17/4
being awarded the bid.
10. EQUIPMENT. PERSONNEL AND SUPPLIES
The vendor will provide all equipment, and trained Ace f-pfCA.hIe
personnel to provide timely Maintenance and
repairs. Provide a feedback mechanism to keep
the City informed on the status of Maintenance and
suggested repairs.
11. EXPERIENCE
The vendor shall be knowledgeable of matters
pertaining to street lighting, such as energy
efficiency, light pollution and applicable municipal
and financial processes in the City of San
Bernardino. The vendor must have a minimum of
five-(5) years' experience in providing quality
streetlight Maintenance services. The City of San
Bernardino desires a vendor that considers
streetlight Maintenance services a high priority.
The vendor shall demonstrate its ability to complete
the following: A GG epf-ob ~e
1. Capable of troubleshooting energized systems Ac.c.epfo.hte
2. Capable of using sheath fault locating equipment
3. Capable of line locating Acce.-fJ~lo/e
12. WASTE DISPOSAL
Ensure all waste materials generated from the Ace ef+o..b1e
Maintenance program are properly disposed of in
accordance with all applicable laws and regulations.
All costs for waste disDosal are to be included in the
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Contract price. Provide details of method of 1=o.rf4 PI*,,~ "'" '!j,.rVice,,-, Xr.
disposal or name and license number of the 11..'<3''!f~ Sc4A Sev,l....,.. ,:V{/
company that will provide these services for..YOu. /J1;/'l/omc{,_cA Ct. 7S'~ Lie.,
13. DATABASE REQUIREMENT
The vendor shall have database software that is
specifically designed for streetlight Maintenance
and shall demonstrate the operation of the software
to City staff before the Bid is awarded. The
software shall provide and store at a minimum, the
following:
1. Provide inventory updates AI!
2. Provide requests and repair screens Ace epi-""h (e
3. Maintenance a database of all Maintenance
history
4. Provide query abilities for response time,
Maintenance history, vandalism and all types of
equipment (lamps, wattage, voltage, fixtures,
poles, painting and circuits).
5. Provide access to database on-line
6. Provide an electronic reporting system
14. CONTRACT LENGTH
The length of this contract shall be for one (1) year AGe epfc-. h ie
with three (3) one-year extensions at the City's
option.
15. REFERENCE LIST
Provide three (3) local government agencies andlor PleC1. 'je
company's previous or current contact references See Af-h-a-h ed
that support your ability to provide streetlight
Maintenance services.
16. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director, or
his designee, determines that there are Accep{qb/e
deficiencies in the performance of this
Agreement, the Public Services Director, or his
designee, will provide a written notice to the
vendor stating the deficiencies and specifying a
time frame to correct the specified deficiencies.
This time frame shall be reasonable, as
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determined by the Public Services Department
Director, or his designee, to correct the
specified deficiencies.
B. Should the vendor fail to correct any
deficiencies
within the stated time frame, the Public
Services Department Director, or designee, may
exercise the following measures:
Ace ep'?c-t ble
1. Deduct from the vendor's payment the
amount necessary to correct the
deficiency, including City overhead costs
and impose a deficiency deduction.
2. Withhold the entire or partial payment
3. Terminate the contract
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COpy
'.
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-OB-19 (RE-BID)
DESCRIPTION OF RFQ:
Streetlight Maintenance Services Contract
BIDDER'S NAME/ADDRESS:
F/vole 5e'O LrrAh"j,. r 5-/9,15
J 77 q Po;/l1o/7C1, lJlt/d.
P6rnoAc1, en 9/76 '6
NAMEfTELEPHONE NO. OF /J /
AUTHORIZED REPRESENTATIVE /5/ yc e 11:11"//1 q rol"1
, "
90'1- 5q~ -0 rt70
ITEM: HOURLY RATE:
1. General Maintenance & Repair
$ 7~ O{)/ fir.
.
$ 7f OO//lr.
$ 31.00/ Hr
2. Additional Service & Repair
3. Monthly Night Inspections
4. Extra Work (use extra sheet(s) if necessary)
a) Employee Class Jc'",r".-v"'u,", (3.lec{"'/cl~"
/
JOL.<l"ney.....C<rI Lil1ef'/'ot;U1
beneJ"'tA/ Lc.,.l;;orer
b) Specialized Equipment - Crall!!.
c) Materials
5. Bas~ ~e:~~~:~ent $ 9"1) _ 0 {}
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"
6 -10 Bases $ 8/'J...oo
11-15 Bases $ 7]/.00
16 - 20 Bases $ (; 9<;'. 00
6. Emergency Service/Parts & Materials
Percent Above Invoice
I~ %
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2008 through June 30, 2009, plus three-(3) single year renewal
options, for the City's full or partial requirements on an as needed basis, with no guaranteed
usage.
Option vear one, if exercised shall be effective July 1, 2009 through June 30, 2010.
Option vear two, if exercised shall be effective July 1, 2010 through June 30, 2011.
Option vear three, if exercised shall be effective July 1, 2011 through June 30, 2012.
Actual option year pricing shall be negotiated with the successful Proposer(s) prior to
exercising any given option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
@ in order to meet the requirements of the Technical Specifications? Yes /
No . (circle one). If you answered 'Yes", please provide detail of said additional
costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm. .1/
/'one
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..
Have you included in your bid all informational items and forms as reqUested?~
I No (circle one). If you answered "No', please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %
are: Net thirty (30) days.
days; unless otherwise stated, payment terms
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda was/were received.
Verification of Addenda Received
Addenda No: I
Addenda No:
Addenda No:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: fJe/1/1I/J< 0/1
(S,aliC) /1Ja/l6lger
DATE SIGNED: '1-). g"" - 0 g'
F/ .,,,/'e~o i'9AIi//g" SI9r15
COMPANY NAME & ADDRESS: :/77<$ h,-HMa Blvd.. Pt!J~c,"a, c./1 '1 J7{,f{
PHONE: 909- S'9') - Og7o FAX: QOq - 59), - O'lq S
EMAIL: b{Nlll.IJ1cvI([J.fItb/f.SlO.CC)r7.1
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