HomeMy WebLinkAbout28-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: August 20, 2008
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Amendment and issuance of a
Contract Purchase Order in the amount
of $90,730 by exercising its first year
option with Smithson Electric
Incorporated for loop replacement
services, labor, and materials utilized by
the Public Services Department.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: September 2, 2008
Synopsis of Previous Council Action:
October 15, 2007 - Resolution No. 2007-426- Council authorized the execution of an
agreement and issuance of a Contract Purchase Order in the amount of $36,550 with two
(2) one-year extensions at the City's option with Smithson Electric Incorporated for loop
replacement services, labor, and materials utilized by the Public Services Department,
Streets Division.
Recommended Motion:
Adopt Resolution.
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Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution,
Amendment and Attachment "1"
Phone:
Ward:
5140
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Source:
$ 90,730
FY 08-09
Account Numbers
(See attached)
FUNDING REQUIREMENTS:
Amount:
Council Notes:
Finance:
~o 2.oo'?-d49
Agenda Item No. ~6
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Amendment and issuance of a Contract Purchase Order in the amount of
$90,730 by exercising its first year option with Smithson Electric Incorporated for loop
replacement services, labor, and materials utilized by the Public Services Department.
Background:
On October 15, 2007, Council authorized the execution of an agreement and issuance of a
contract purchase order in the amount of $36,550 with two (2) one-year extensions at the
City's option with Smithson Electric Incorporated for loop replacement services, labor, and
materials utilized by the Public Services Department per Resolution No. 2007-426. Staff
would like to exercise its first year option with Smithson Electric Incorporated for loop
replacement services, labor, and materials.
The Public Services Department, Streets Division maintains all street loops in the City. The
City has two (2) types of loops in the road. Pre-warning loops are placed in the road
approximately 300 feet ahead of a traffic signal. As traffic passes over the pre-warning loop,
a signal is sent to a traffic controller notifying the signal of approaching traffic. Regular loops
are also placed in the road close to the intersections. As traffic passes over a regular loop, a
signal is sent to the traffic controller, identifying traffic stopped at an intersection. These loop
signals notify the traffic controller of stopped vehicles so the signal can be activated to reduce
the waiting time of vehicles at the intersection. Both types of loops cost $215.00 to install.
Attached is a listing of the capital improvement project numbers, wards, account numbers,
physical project locations, number of loops and dollar amounts to be spent at each project
location for loop replacement services, labor, and materials (Attachment "1"). Seven (7) of
these projects are funded with the State Infrastructure Loan (I Bank) funds and must be
completed before November 2, 2008. Therefore, staff is seeking approval now to allow
completion of these projects before the November deadline. The project numbers for this
years proposed projects will be filled in later. Staff recommends that Smithson Electric
Incorporated be issued a contract purchase order in the amount of $90,730 to replace 422
loops.
Financial Impact:
Funds for this are available after the formal adoption of the 08-09 Capital Improvement
Program (CIP) and have been budgeted in the FY 08-09 CIP Budget (See attached).
Recommendation:
Adopt Resolution.
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2008-349
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
SMITHSON ELECTRIC INCORPORATED
This Agreement is entered into this 2nd day of September 2008, by and between
Smithson Electric Incorporated ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. October 15, 2007 Smithson Electric Incorporated and the City of San Bernardino
entered into a Vendor Service Agreement for loop replacement services, labor,
and materials in the amount of $36,550 with two (2) one-year extensions at the
City's option to be utilized by the Public Services Department per Resolution No.
2007-426.
B. The CITY and VENDOR now desire to exercise its fIrst year option and alter the
Agreement to increase the amount of the Agreement by $54,180 for a total not-
to-exceed purchase price of $90,730 as set forth in Attachment "1" and made a
part hereto.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
1. The total Agreement price shall be increased by $54,180 for a not-to-exceed
the amount of $90,730.
2. The term of this Agreement shall be for a period of one year.
3. The other provisions of the written contract are reaffirmed as originally stated.
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2008-349
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
SMITHSON ELECTRIC INCORPORATED
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IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
ated:
,2008
Dated: 9 # ,2008
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ATTEST:
a~/.J.~
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
SMITHSON ELECTRIC INCORPORATED
By:
CITY OF SAN BERNARDINO
By: Fred Wilson, City Manager
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2008-349
Attachment "1"
Loop Replacement Services
CIP# WARD ACCOUNT # PROJECT LOCATION NUMBER OF SMITHSON
LOOPS
SS 08-02 1,3 129-367-5504- G from 2nd to Mill 32 $ 6,880
SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F 30 $ 6,450
SS 06-08 3 240-379-5504- Rancho from Mill to Rialto 30 $ 6,450
SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus 10 $ 2,150
SS 06-26 1 240-379-5504- 4th from E to Arrowhead 30 $ 6,450
SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vernon to 5th 8 $ 1,720
SS 09-01 6 240-379-5504- Medical Center from 16th to Highland 60 $ 12,900
SS 09-11 6 240-379-5504- Macy from Highland to County Line 8 $ 1,720
SS 08-14 1,2 242-362-5504- E from 7th to Baseline 12 $ 2,580
SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa 30 $ 6,450
SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline 48 $ 10,320
SS 08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" 15 $ 3,225
SS 08-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" 48 $ 10,320
SS 04-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson 8 $ 1,720
SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel 12 $ 2,580
SS 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun 32 $ 6,880
SS 09-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell 9 $ 1,935
TOTALS
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$ 90,730
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VENDOR SERVICE AGREEMENT
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WITNESSETH:
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8 and in the best interest of the CITY to contract for loop replacement services, labor and
9 materials utilized by the Public Services Department, Streets Division; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
11 vendors for loop replacement services, labor and materials utilized by the Public Services
12 Department, Streets Division.
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16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services for loop replacement services, labor and
18 materials.
19 2. COMPENSATION AND EXPENSES.
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This Vendor Service Agreement is entered into this 15th day of October
2007, by and between Smithson Electric, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
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NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $215.00 per loop up to the amount of $36,550.00 for loop
replacement services, labor and materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two (2) one-year
extensions at the City's option.
2007-426
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.
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claim, action, loss, or damage which results from their respective obligations under the
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17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
18 comparative fault.
19 5. INSURANCE.
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26 additional named insured in each policy of insurance provided hereunder. The Certificate of
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INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
While not restricting or limiting the forgoing, 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
2007-426
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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18 employees, and all business license, if any are required, in connection with the services to be
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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, except as permitted pursuant to Section
12940 of the California Government Code.
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
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
2007-426
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9.
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 Bemardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Smithson Electric, Inc.
1938 E. Katella Ave.
Orange, CA 92867
Telephone: (714) 997-9556
Contact: Patrick T. Smithson
10. 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 attomeys' 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 Attomey 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.
11. 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
2007-426
of VENDOR's obligation to perfonn all other obligations to be perfonned by VENDOR
hereunder for the tenn of this Agreement.
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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 the
mandatory and not pennissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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.
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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
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.
2007-426
VENDOR SERVICE AGREEMENT
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: (')1':7:. ~/ , 2007
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Dated~ /7,2007
Approved as to Form:
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Its: 'R-esldel1 f-
By:
Fred Wil n, City Manager
City of San Bernardino
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
3 ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF $90,730
.( BY EXERCISING ITS FIRST YEAR OPTION WITH SMITHSON ELECTRIC
INCORPORATED FOR LOOP REPLACEMENT SERVICES, LABOR, AND
5 MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bemardino is hereby
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authorized to execute on behalf of said City an Amendment between the City of San
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Bernardino and Smithson Electric Incorporated, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully as though set
forth at length.
14 SECTION 2. That pursuant to this determination the Director of Finance or
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his/her designee is hereby authorized to issue a contract purchase order to Smithson
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Electric Incorporated in an amount not to exceed $90,730.
SECTION 3. The Contract Purchase Order shall reference this Resolution No.
and shall read, "Smithson Electric Incorporated for loop replacement
services, labor, and materials, not to exceed $90,730" and shall incorporate the terms
and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Contract
Purchase Order and Agreement is rescinded if it is not executed within sixty (60) days
of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF $90,730
BY EXERCISING ITS FIRST YEAR OPTION WITH SMITHSON ELECTRIC
INCORPORATED FOR LOOP REPLACEMENT SERVICES, LABOR, AND
MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT.
SECTION 5. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said
Code "Purchases approved by the Mayor and Common Council".
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF $90,730
BY EXERCISING ITS FIRST YEAR OPTION WITH SMITHSON ELECTRIC
INCORPORATED FOR LOOP REPLACEMENT SERVICES, LABOR, AND
MATERIALS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
mes F. Penman
ity Attorney
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
SMITHSON ELECTRIC INCORPORATED
This Agreement is entered into this 2nd day of September 2008, by and between
Smithson Electric Incorporated ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. October 15, 2007 Smithson Electric Incorporated and the City of San Bernardino
entered into a Vendor Service Agreement for loop replacement services, labor,
and materials in the amount of $36,550 with two (2) one-year extensions at the
City's option to be utilized by the Public Services Department per Resolution No.
2007-426.
B. The CITY and VENDOR now desire to exercise its first year option and alter the
Agreement to increase the amount of the Agreement by $54,180 for a total not-
to-exceed purchase price of $90,730 as set forth in Attachment "1 " and made a
part hereto.
AGREEMENT
In consideration of the mutual promises contained in the .. Vendor Services
Agreement, the parties agree as follows:
1. The total Agreement price shall be increased by $54,180 for a not-to-exceed
the amount of$90,730.
2. The term of this Agreement shall be for a period of one year.
3. The other provisions of the written contract are reaffirmed as originally stated.
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Dated: ,2008
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17 ATTEST:
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19 Rachel Clark, City Clerk
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23 Approved as to form:
24 James F, Pemnan
25 City Attorney
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
SMITHSON ELECTRIC INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written,
ated:
,2008
SMITHSON ELECTRIC INCORPORATED
By:
CITY OF SAN BERNARDINO
By: Fred Wilson, City Manager
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Attachment "1"
Loop Replacement Services
CIP# WARD ACCOUNT # PROJECT LOCATION NUMBER OF SMITHSON
LOOPS
SS 08-02 1.3 129-367-5504- G from 2nd to Mill 32 $ 6.880
SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F 30 $ 6.450
SS 06-08 3 240-379-5504- Rancho from Mill to Rialto 30 $ 6,450
SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus 10 $ 2.150
SS 06-26 1 240-379-5504- 4th from E to Arrowhead 30 $ 6,450
SS 06-37 1.3 240-379-5504-7616 4th from Mt. Vernon to 5th 8 $ 1.720
SS 09-01 6 240-379-5504- Medical Center from 16th to Highland 60 $ 12.900
SS09-11 6 240-379-5504- Macy from Highland to County Line 8 $ 1.720
SS 08-14 1.2 242-362-5504- E from 7th to Baseline 12 $ 2.580
SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa 30 $ 6,450
SS 08-06 1.2 258-359-5504-7779 Mt. View from 5th to Baseline 48 $ 10.320
SS 08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" 15 $ 3.225
SS 08-12 1.3 258-359-5504-7783 Riallo from Arrowhead to "E" 48 $ 10,320
SS 04-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson 8 $ 1,720
SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel 12 $ 2,580
SS 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun 32 $ 6,880
SS 09-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell 9 $ 1.935
TOTALS
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$ 90,730
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
SMITHSON ELECTRIC INCORPORATED
This Agreement is entered into this 2nd day of September 2008, by and between
Smithson Electric Incorporated ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. October 15, 2007 Smithson Electric Incorporated and the City of San Bernardino
entered into a Vendor Service Agreement for loop replacement services, labor,
and materials in the amount of $36,550 with two (2) one-year extensions at the
City's option to be utilized by the Public Services Department per Resolution No.
2007-426.
B. The CITY and VENDOR now desire to exercise its first year option and alter the
Agreement to increase the amount of the Agreement by $54,180 for a total not-
to-exceed purchase price of $90,730 as set forth in Attachment "1" and made a
part hereto.
AGREEMENT
In consideration of the mutual promises contained III the .Vendor Services
Agreement, the parties agree as follows:
1. The total Agreement price shall be increased by $54,180 for a not-to-exceed
the amount of$90,730.
2. The term of this Agreement shall be for a period of one year.
3. The other provisions of the written contract are reaffirmed as originally stated.
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Attachment "1"
Loop Replacement Services
CIP# WARD ACCOUNT # PROJECT LOCATION NUMBER OF SMITHSON
LOOPS
SS 08-02 1,3 129-367-5504- G from 2nd to Mill 32 $ 6,880
SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F 30 $ 6,450
SS 06-08 3 240-379-5504- Rancho from Mill to Rialto 30 $ 6,450
SS 06-12 6 240-379-5504- Rialto from Pepper to Eucaiyptus 10 $ 2,150
SS 06-26 1 240-379-5504- 4th from E to Arrowhead 30 $ 6,450
SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vernon to 5th 8 $ 1,720
SS 09-01 6 240-379-5504- Medical Center from 16th to Highland 60 $ 12,900
SS09-11 6 240-379-5504- Macy from Highland to County Line 8 $ 1,720
SS 08-14 1,2 242-362-5504- E from 7th to Baseline 12 $ 2,580
SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa 30 $ 6,450
SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline 48 $ 10,320
SS08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" 15 $ 3,225
SS 08-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" 48 $ 10,320
5S 04-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson 8 $ 1,720
SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel 12 $ 2,580
SS 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun 32 $ 6,880
SS 09-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell 9 $ 1,935
TOTALS
422
$ 90,730
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3 2007, by and between Smithson Electric, Inc. ("VENDOR") and the City of San Bernardino
4 ("CITY" or "San Bernardino").
5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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8 and in the best interest of the CITY to contract for loop replacement services, labor and
9 materials utilized by the Public Services Department, Streets Division; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
11 vendors for loop replacement services, labor and materials utilized by the Public Services
12 Department, Streets Division.
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NOW, THEREFORE, the parties hereto agree as follows:
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16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services for loop replacement services, labor and
18 materials.
19 2. COMPENSATION AND EXPENSES.
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2UU7-426
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 15th day of October
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SCOPE OF SERVICES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $215.00 per loop up to the amount of $36,550.00 for loop
replacement services, labor and materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two (2) one-year
extensions at the City's option.
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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.
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4 4. INDEMNITY.
5 CITY agrees to indemnity and hold harmless VENDOR, its officers, agents and
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations
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9 under the Agreement.
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
11 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
12 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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obligations under the Agreement.
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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claim, action, loss, or damage which results from their respective obligations under the
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17 Agreement, the CITY and/or VENDOR shall indemnity the other to the extent of this
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19 5. INSURANCE.
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While not restricting or limiting the forgoing, 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
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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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, except as permitted pursuant to Section
12940 of the California Government Code.
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 license, if any are required, in connection with the services to be
performed hereunder.
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
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:
Smithson Electric, Inc.
1938 E. Katella Ave.
Orange, CA 92867
Telephone: (714) 997-9556
Contact: Patrick T. Smithson
10. 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.
11. 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.
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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 the
mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State ofCalifomia.
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.
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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
ENTIRE AGREEMENT; MODIFICA nON.
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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2007-426
VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
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Dated: (!)t:J:. ~/ ,2007
Dated.a..Mv.> /7, 2007
Approved as to Form:
By:
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Its: i reslden f-
By:
Fred Wil n, City Manager
City of San Bernardino