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HomeMy WebLinkAbout07.BT- Public Works RESOLUTION(ID# 1672) DOC ID: 1672 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 06/18/2012 Prepared by: Linda Dortch, (909) 384-5140 Dept: Public Works Ward(s): All Subject: 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 $75,000 to WESCO Distribution,Inc. for Purchase of Copper Wire. Financial Impact: Account Budgeted Amount: $75,000 Account No. 119-400-0092-2019 Account Description: Balance as of 3/15/12 $132,900 Balance after approval of this item: $57,900 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt Resolution. Synopsis of Previous Council Action: None. Background: The City of San Bernardino Public Works Department, Operations and Maintenance Division is responsible for maintaining approximately 13,000 street lights throughout the City. Due to the increase in copper wire theft from the street lights, additional copper wire must be purchased to replace the stolen wire. On May 10, 2012, a formal bid process was initiated to solicit bids for Copper Wire. The bid includes unit prices for THHN wire# 8 (160,000 linear feet) and THHN wire#10 (80,000 linear feet). Eight(8)vendors responded. rr..dntwb 6/17/7019 hu Aaidi Aten Page 1 1672 The vendors, business locations, and total price quotes for the copper wire amounts above are listed from lowest to highest bidder below: Company Location Ouote WESCO Distribution, Inc. San Bernardino, CA $53,200 ESSCO Grand Terrace,CA $53,840 CED San Bernardino,CA $54,080 Karish Industries Orange, CA $54,840 American Wire Group Hallandale, FL $57,840 FSI Energy Services Moreno Valley, CA $61,776 Anixter,Inc. Anaheim,CA $64,000 Allied Refrigeration, Inc. San Bernardino, CA $108,600 WESCO Distribution, Inc. submitted the lowest qualified bid (See Attachment "1"). Staff recommends an award to WESCO Distribution, Inc. in the amount of $53,200. Further, staff recommends a purchase order be issued in the amount of $75,000 for purchase of additional copper wire. The purchase order amount is an extension of unit pricing. City Attorney Review: Supoortlna Documents: Resolution (PDF) agent 1672 (PDF) BID SUMMARY SHEET (DOCX) WESCO Bid (PDF) dr. Packet.Pg. 7465 r indatwh A/i inntt by Heidi Aten Page 2 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 18'" day of June 2012, by and between WESCO Distribution, Inc. ("VENDOR') and the City of San Bernardino ("CITY" or "San Bernardino'). WITNESSETH: w WHEREAS, the Mayor and Common Council has determined that it is advantageous W J and in the best interest of the CITY to purchase copper wire for the street lights; and m N WHEREAS, the City of San Bernardino did solicit and accept bids from available `o_ m vendors for copper wire per RFQ F-12-19; and, 3 iu WHEREAS,Vendor is the lowest qualified bidder to provide said services to City; c U NOW,THEREFORE, the parties hereto agree as follows: r v 1. SCOPE OF SERVICES. 9 IL QFor the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in RFQ F-12-19, a copy of which o is on file in the Public Works Department and a copy of the VENDOR's Bid Sheet is attached '> d o: hereto as Attachment"1"and incorporated herein by this reference. e 2. COMPENSATION AND EXPENSES. o N N d' a. For the services delineated above, the CITY, upon presentation of an invoice, shall v pay the VENDOR up to the amount of$75,000 for copper wire. r b. No other expenditures made by VENDOR shall be reimbursed by CITY. a 3. TERM; TERMINATION. The term of this agreement shall be from June 18,2012 through August 31, 2012. 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 Exhibit"A" 1 Packet Pg. 1466 F t Y 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 N any kind and nature arising from bodily injury, including death, or property damage, based or m J asserted upon any or alleged act or omission of Vendor, its employees, agents, or '5 subcontractors, relating to or in any way connected with the accomplishment of the work or m performance of service under this Agreement, unless the bodily injury or property damage was 3 d a actually caused by the sole negligence of the City, its elected officials, employees, agents or n 0 U representatives. As part of the foregoing indemnity,Vendor agrees to protect and defend at its A L V own expense, including attorney's fees the City, its elected officials, employees, agents or a 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 0 indemnity against the City, its elected officials, employees, agents or representatives, with d z respect to third party claims against the Vendor relating to or in any way connected with the c accomplishment of the work or performance of services under this Agreement. H m 5. INSURANCE. c m E While not restricting or limiting the foregoing, during the term of this Agreement, m VENDOR shall maintain in effect policies of comprehensive public, general and automobile a 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 1%W Exhibit"A" 2 Packet Pg. 1467 t 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. In the performance of this Agreement and in the hiring and recruitment of employees, N VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, a J discrimination in employment of persons because of their race, religion, color, national origin, m N ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or w d sexual orientation, or any other status protected by law. a 7. INDEPENDENT CONTRACTOR c U VENDOR shall perform work tasks provided by this Agreement, but for all intents and r u purposes VENDOR shall be an independent contractor and not an agent or employee of the o' © N 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 3 O 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 c performed hereunder. N d S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. c m E VENDOR warrants that it possesses or shall obtain, and maintain a business registration z 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. /// Exhibit"A" 3 PacketPg. 1468 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 Works Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 r TO THE VENDOR: WESCO Distribution,Inc. 720 College Drive N San Bernardino,CA 92410 0 Telephone: (909) 889-9791 d Contact: Gale Parks 3 d 9. ATTORNEYS' FEES. a 0 U j In the event that litigation is brought by any party in connection with this Agreement, i r the prevailing party shall be entitled to recover from the opposing party all costs and expenses, � a including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of N^p its rights or remedies hereunder or the enforcement of any of the terms, conditions or c 0 provisions hereof. The costs, salary and expenses of the City Attorney and members of his m o: office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' c fees"for the purposes of this paragraph. a m 10. ASSIGNMENT. c E E VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or � m z encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior a 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 Exhibit"A" 4 Packet.Pg. 1469 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 N Bernardino, State of California or the U.S. District Court for the Central District of California, J Riverside Division. The aforementioned choice of venue is intended by the parties to be a N mandatory and not permissive in nature. o v 12. GOVERNING LAW. 3 d This Agreement shall be governed by the laws of the State of California. o U 13. SUCCESSORS AND ASSIGNS. y A r U This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 2 a N and their respective heirs,representatives, successors, and assigns. ,^p 14. HEADINGS. c 0 The subject headings of the sections of this Agreement are included for the purposes of d z convenience only and shall not affect the construction or the interpretation of any of its `o provisions. c w m rc 15. SEVERABILITY. c m If any provision of this Agreement is determined by a court of competent jurisdiction to u m 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. Exhibit"A" 5 1� Packet Pg. 1470 7 i 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. t rn J d N O d v /!/ n 0 U m L a c 0 1// N a c 0 d c m U N Exhibit"A" 6 VENDOR SERVICE AGREEMENT WESCO DISTRIBUTION,INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2012 N t s J By: m N O 2 Dated 2012 CITY OF SAN BERNARDINO 3 m Q 133r. o Andrea Travis-Miller,Acting City Manager Approved as to Form: m L U J ? By: a r Jam unan, City Attorney jc � o T d E1 � 1 0 1 S 0 3 � 1 C 1 N i E L U A Q 7 Exhibit"A" 7 1 ,! Pac c :Td72 i VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 18`s day of June 2012, by and between WESCO Distribution, Inc. ("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 purchase copper wire for the street lights; and z .J WHEREAS, the City of San Bernardino did solicit and accept bids from available d N vendors for copper wire per RFQ F-12-19; and, `o w a WHEREAS,Vendor is the lowest qualified bidder to provide said services to City; i NOW,THEREFORE,the parties hereto agree as follows: a 0 U 1. SCOPE OF SERVICES. m M z For the remuneration stipulated, San Bernardino hereby engages the services of a' VENDOR to provide those products and services as set forth in RFQ F-12-19, a copy of which is on file in the Public Works Department and a copy of the VENDOR's Bid Sheet is attached hereto as Attachment"1"and incorporated herein by this reference. E rn 2. COMPENSATION AND EXPENSES. c v E a. For the services delineated above, the CITY, upon presentation of an invoice, shall u pay the VENDOR up to the amount of$75,000 for copper wire. a b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM;TERMINATION. The term of this agreement shall be from June 18,2012 through August 31, 2012. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shalll remain in force unless amended by written Exhibit"A" 1 Packet Pg�'1' 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 W subcontractors, relating to or in any way connected with the accomplishment of the work or d performance of service under this Agreement, unless the bodily injury y y ' fury or property damage was g w actually caused by the sole negligence of the City, its elected officials, employees, agents or i m representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its c U own expense, including attorney's fees the City, its elected officials, employees, agents or m representatives from any and all legal actions based upon such actual or alleged acts or a 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 E m accomplishment of the work or performance of services under this Agreement. m 5. INSURANCE. t v R While not restricting or limiting the foregoing, during the term of this Agreement, a 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 Exhibit"A" 2 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. 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, rn J ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or d N sexual orientation, or any other status protected by law. d 7. INDEPENDENT CONTRACTOR 3 m VENDOR shall perform work tasks provided by this Agreement, but for all intents and o U 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 y Income Tax, Social Security, State Disability Insurance Compensation, Unemployment e 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 E m performed hereunder. d E 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS, m z VENDOR warrants that it possesses or shall obtain,and maintain a business registration G 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. Exhibit"A" 3 ` 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 Works Director 300 North"D"Street San Bernardino, CA 92418 Telephone: (909)384-5140 TO THE VENDOR: WESCO Distribution,Inc. s 720 College Drive San Bernardino,CA 92410 Telephone: (909) 889-9791 N Contact: Gale Parks 0 m 9. ATTORNEYS' FEES. 3 d In the event that litigation is brought by any party in connection with this Agreement, c U the prevailing party shall be entitled to recover from the opposing party all costs and expenses, S including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a' 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' E W fees"for the purposes of this paragraph. d 10. ASSIGNMENT. z U N 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 Exhibit"A" 4 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 o J mandatory and not permissive in nature. m d 12. GOVERNING LAW. N 0 d This Agreement shall be governed by the laws of the State of California. 3 13. SUCCESSORS AND ASSIGNS. o U This Agreement shall be binding on and inure to the benefit of the parties to this Agreement U Cj and their respective heirs, representatives, successors, and assigns. a' 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 E m n provisions. c m 15. SEVERABILITY. r v z� If any provision of this Agreement is determined by a court of competent jurisdiction to a 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. Exhibit"A" 5 Packet Pg. 1477 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. O1 J d N O v O U m a //{ N r rn /// c m U m 11/ a Exhibit"A" 6 Packet Pg. 1478 VENDOR SERVICE AGREEMENT WESCO DISTRIBUTION, INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12012 By: s m J d d q Dated ,2012 CITY OF SAN BEI2NARDINO o v By: Andrea Travis-Miller,Acting City Manager ; Approved as to Form: a 0 U y By. L Jam an, City Attorney a' N n N r so E m m c a E r U a Exhibit"A" 7 Packet Pg. 1479 RFQ F-12-19 Copper Wire for Stred Lights City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-12-19 PURCHASE OF COPPER WIRE FOR STREET LIGHTS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Works Department, Operations and Maintenance Division is responsible for y maintaining street lights in the City. The intent of this document is to solicit proposals o from qualified vendors who provide Copper Wire for purchase. The City is looking for the most responsive and responsible vendor that will be committed to provide Copper v Wire. Through a competitive bid based procurement process, the City of San y Bernardino intends to enter into an agreement with a qualified vendor for purchase of o Copper Wire. Services: Bidder shall complete right-hand column indicating brief reasons for 3 d exceptions to requirements when not acceptable. State "Acceptable" if Q requirements are agreeable as set forth in left-hand column. u v N Description: The City of San Bernardino Public Works Department is taking bids for r Copper Wire. a N r FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID a CATEGORYI ACCEPTABLE / m AS SPECIFIED 1. SCOPE w 3 A. All quotes shall be on the form provided by the Public Works ACCEPTABLE Department. E B. Default: The City of San Bernardino, by written notice of ACCEPTABLE U default to the VENDOR, may terminate the whole or any part a of the contract in any one of the following circumstances: A) If the VENDOR fails to make delivery of the copper wire specified in the contract and on time. B) If VENDOR fails to perform any of the provisions of this contract, and fails to remedy the situation within a period of five days after receipt of notice. C. In the event the City of San Bernardino terminates this ACCEPTABLE contract in whole or part, the City may procure supplies or services similar to those terminated, and VENDOR shall be liable to the City for any excess cost for such similar copper 9 Packet Pg.,7480- RFQ F•12-14 Copper Wire for Street Lights wire. 2. MATERIALS SPECIFICATIONS A. THHN AWG #8 stranded copper wire, on spools of 2,500 AS SPECIFIED ft., black- 160,000 linear feet B. THHN1AWG #10 stranded copper wire, on spools of 2,500 AS SPECIFIED ft, green — 80,000 linear feet 3. REFERENCE LIST o r e City of Rancho s Provide three (3) local government agencies and/or company's Cucamonga J previous or current contact references that support your ability to March ARB VA Hospital provide copper wire. L m 4. CONTRACT LENGTH w v This is a one-time purchase of materials to be made prior to July ACCEPTABLE or August 30, 2012. a 0 U 5. LICENSES N ie L The VENDOR represents that it has all licenses including a contractor license, permits, qualifications and approvals of a' ACCEPTABLE whatever nature that are legally required to provide copper wire, n including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. m 0 6. VENDOR NON-COMPLIANCE W N W 3 A. If the Public Works Department Director, or his designee, ACCEPTABLE determines that there are deficiencies in the performance of E this Agreement, the Public Works Department Director, or his designee, will provide a written notice to the VENDOR stating the deficiencies and specifying a time frame to correct the a specified deficiencies. This time frame shall be reasonable, as determined by the Public Works Department Director, or his designee, to correct the specified deficiencies. B. Should the VENDOR fail to correct any deficiencies within the ACCEPTABLE stated time frame, the Public Works Department Director, or his designee, may exercise the following measures: 1, Impose a deficiency deduction and deduct from the ACCEPTABLE 10 RFQ F-12.19 Copper Wire for Street Lights VENDOR'S payment the amount necessary to correct the deficiency, including City overhead costs. 2. Withhold the entire or partial payment. ACCEPTABLE 3. Terminate the contract and award to second bidder. ACCEPTABLE Vl L J d U N O d 3 v a a 0 U m m t U J a N r m CO O U CO W C E E r U N a I1 RFQ F-12-19 scupfjopper Wire for Street Lights PRICE FORM Y REQUEST FOR QUOTES: F-12-19 DESCRIPTION OF RFQ: COPPER WIRE FOR STREET LIGHTS COMPANY NAME: WESCO DISTRIBUTION, INC. ADDRESS: 720 COLLEGE DR N SAN BERNARDINO, CA 92410 J d d N PRINT NAME OF AUTHORIZED REPRESENTATIVE GALE PARKS 3 d a a 0 U ITEM UNIT FIRM FIXED PRICE w A r THHN AWG #8 stranded copper wire, 160,000 LF $.251 ea $ 40,160.00 on 2,500 foot spools, black N THHN AWG #10 stranded copper wire, 80,000 LF $.163 ea $ 13 040.00 on 2,500 foot spools, green TOTAL: $ 53,200.00 ao 0 U w 3 This is a one-time purchase of materials to be made prior to July or August 30, 2012. c v Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: a Please indicate any elements of the Proposal Specifications that cannot be met by your firm. If awarded we would need a purchase order by July 1 st or our form "Customer Dedicated Inventory Agreement' signed in order to hold the price for the duration of the contract year. 13 PacKef Pg;'1483 RFQ F-1249 Copper Wire for Street Lights Have you included in your proposal all informational items and forms as requested?,Yes': / No . (circle one). If you answered "No", please explain: This offer shall remain firm for;r0 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this proposal. Cash discount allowable 2% 10th days; unless otherwise stated, payment terms 6 are: Net thirty (30) days. o .J In signing this proposal, Offeror(s) warrants that all certifications and documents d requested herein are attached and properly completed and signed. y From time to time, the City may issue one or more addenda to this RFQ. Below, please v indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. d n n Verification of Addenda Received 0 v Addenda No: Received on: r Addenda No: Received on: NONE RECEIVED Addenda No: Received on: a' N f` V1 FIRM NAME: WESCO DISTRIBUTION. INC. v m ADDRESS: 720 COLLEGE DR. o N SAN BERNARDINO, CA 92410 3 Phone: 909-889-9791 E z U Email: gparks@wesco.com a Fax: 9381-5043 Authorized Signature: �r�099-�t& _ Print Name: GALE PARKS Title: OUTSIDE SALES 14 Packet Pg. 1484 isBr.c , RFQ F-12-19 Copper Wire for Shur Lights IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: N s J d d y O w d 3 iv a a 0 U d N A L U J a N n m U V1 W 3 c v E s U A Q 15 RPQ F-12-19 Copper Mire for Street Lights NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby , states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-12-19. w / J Business Name W ESC[ �t57� 1 B th"1O�7 .ZIIC . rn 3 Business Address 7ZO © D2. , 5 Nf4)eDW o eA Signature of bidder X ` �Jp a CL a Place of Residence t Subscribed and sworn before me this day of r 20LL a m Notary Public in and for the County of State of California. v My commission expires: �. (� 20�. o U N W C d BRW PATEL t _ ssion# 1948122 m Notar z = y Public•California i Q z orange County My Comm.Expires Aug 19,2015+ © 17 Packet Pg. 1486 7.BT.c r � fxd V V E4?Lel..>f Date: January 13, 2012 To: National Financial Services Managers Regional Financial Services Managers Group and Regional Controllers From: WESCO Corporate Headquarters Subject: Signatory Authority Delegation m 1. Purpose: The purpose of this memorandum is to delegate to you the authority to: a) sign affidavits, certificates or other documents relating to the release and waiver of liens; b) provide evidence that wages, material charges, and taxes have been paid; and c) sign documents necessary to claim or recover monies due the ` Company. The signatory authority delegation described herein requires that said m affidavits, certificates and documents be first approved internally in accordance ° with the Corporate Levels of Authority (LOA). The LOA document is available at l iii,,,.,.,-I#;'i�' K_�� -1.i_'t iv r.')(}..1.` i , . i�'li)1'II\ i'�i.il.'.:.�ilii< IL•S..'«. l\ 3 d a 2. Authority: The WESCO Distribution, Inc. Board of Directors adopted a o Delegation of Authority Resolution on February 28, 1994 authorizing me to delegate authority to you to perform certain duties in the ordinary conduct of Q WESCO's business. I hereby delegate to you the signatory authority described in paragraph 1 hereof. You shall not re-delegate this authority to any other person. a' 3. Acquisitions and Divisions: The signatory authority described in paragraph 1 shall include the management of WESCO's acquired subsidiaries, divisions and all O business locations. v m 4. Expiration: This delegation of authority shall continue in full force and effect o until December 31, 2012, unless terminated earlier by me. w 3 5. Questions: Questions regarding this delegation of authority should be referred to Samantha L. O'Donoghue, Corporate Secretary, at (412) 454-2377 . or A r a Jahn J. Engel ;I �marman, Pr s dent and CEO Attachment: Extract of Board Resolution, dated February 28, 1994 WL'SCODislrihufion,Lx. - 225W.StalionSquareDme,9uiie7W - Pittsburgh,PA15219 7.BT.c V W L.4J{....JC,..J DI?'1 R;li::I IOW WESCO DISTRIBUTION, INC. EXTRACT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS HELD ON FEBRUARY 28, 1994 RESOLVED, that, effective March 1, 1994, the Chairman and the President of the Corporation be, and each of them hereby is, authorized, in the ordinary rn course of the Corporation's business and to the extent permitted by the General 2 Corporation Law of the State of Delaware, and the Certificate of Incorporation and By- w Laws of the Corporation, (i) to sign all bonds and obligations, (ii) to sign, execute and n bind the Corporation with respect to all contracts, deeds, leases, powers of attorney, o releases, waivers, claims documents and other documents of a contractual nature and ; (iii) to sign applications for regulatory permits and licenses and other governmental 3 forms, other than tax returns, on behalf of the Corporation, attested by the Corporation's seal, if requested or required; provided, however, that each of the above- a specified officers is also authorized to delegate his respective signature authority by a 0 writing (x) specifying the scope of the authority being delegated by the writing, (y) identifying the delegate either by name or as the incumbent of a position and (z) R © advising the delegate that he or she shall have no authority to redelegate the signatory u authority being delegated. a N r 9 M I, Samantha L. O'Donoghue, Corporate Secretary, DO HEREBY CERTIFY U that the foregoing is a true and correct copy of resolution adopted at meeting of the w Board of Directors of said Corporation held on February 28, 1994, at which meeting a 3 quorum was present. v IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal s of said Corporation. a a Dated: �}o r1t t LLrq 1311�i 2, Samantha L. O'Donogh* Corporate Secretary Packet Pg. 1488 Client#: 19051 WESCO ACORD- CERTIFICATE OF LIABILITY INSURANCE °G/031201, 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(Sl,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 endomement(s). PRODUCER NAME, Lisa Kozej HDH Pittsburgh P&C PHONE 012.992-2851 US Steel Tower,Suite 1100 E C Ne EN: Arc,Nuv 412.535-0751 600 Grant Street ADDRESS: lisak@hdhgmup.com Pittsburgh,PA 15219.2804 , CUSTOMER IO f: INSURER(5)AFFOROING COVERAGE NMCO INSURED WESCO International,Inc,and INSURER A:Travelers Property Casualty Of 25674 WESCO Distribution,Inc. INSURERS:St.Paul Fire 8 Marine Insuranc 24767 225 W.Station Square,Suite 700 INSURER C.Travelers Indemnity Company 25658 Pittsburgh,PA 15219 INSURER D: _ INSURER E: jR L INSURERF: rT COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: J THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD �N 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,TH E INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LM TYPE OF INSURANCE SUISR POLICY EFF POLICY EXP w POLICYNUMSER WoOrYYY MWOONYYY LIMITS A GENERALUASIUTY TC2JGLSA466K204ATI 06/0412011 06104/201 EACHOCCURRENCE $1000000- X COMMERCIAL GENERAL LIABILITY PREMISES Eaaxmrenw. s3000OO CLAIMSH.IADE FLIXI OCCUR MED EX?(My one person) $10,000 d PERSONA LS AOV INJURY f1,000,OOO C GENERAL AGGREGATE (4,000,000 L.) GEM LAGRREGATE LIMIT APPLES PER: PRODUCTS-COMWOP AGG $4 ODO,000 OW POLICY PR6 LOc a A IL AUTOMOBILE LIABILITY TC2JCAP466K2026TIL 5610412011 06/041201 COMBINED SINGLE LIMIT V X ANYAUTO PHYSICAL DAMAGE (Ee eac4e110 a20 0000 ALL OWNED AUTOS IS SELF INSURED eomLYIFUURY(Perpemun) s 1 WDLLY INJURY(P $ N SCHEDULEDAUTOS n X HIRED AUTOS PROPERTY DAMAGE $ N (Pmecddenl) X NON-OWMED AUTOS a T7 $ m B X UMeRELLALMe X OCCUR OK03700293 0610412011 06104/2012 EACH OCCURRENCE $5000000 0 E%CESS UAB CLAINS#IADE AGGREGATE $5000DOO N DEDUCTI&E S 3 X RETENTION ION a A AND EMPSCOMPENSATION TC2JUB466K197011 6/0412011 06/04/201 X W TATU. DTI+ My EMPLOYERS'PARTNE ANY PROPRIETORIPARTNERIEXECUTIV�Yr E.L.EACH ACCIDENT ai OOO,OOO _ E OFFICER/MEMBERE CLUDED9 WA (Mentletory In NH) E.L.OI6EASE-EAEMPLOYEE a1000 DOO U /ryyee RPTON�na.r DESCRIPTIONOFOPRATIONS below E.L.DISEASE-PoLICVLIMIT 81g6O0gg Y+ a OE5CRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ABeeh ACORD 101,Atldltlonal Remarha fchetlule,it more spew le NOUlreal WESCO International Inc,WESCO Distribution,Inc,and any other organization,other than a partnership orjoint venture,over which WESCO maintains ownership or majority interest (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN EVIDENCE OF COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR2ED REPRESENTATIVE 0 198 8-2 009 ACORD CORPORATION.All rights reserved. ACORD 25(2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S267900/M267885 LKO packet Pg. 1489 7!BT:c DESCRIPTIONS (Continued from Page 1) on the effective date of the above referenced policies are included as Named Insureds. Requestor: Dan Simmen Branch: Corporate N L D1 J v d N 0 d d a 0 0 U d Ul L U J CL N n N V 07 0 U N W C d E L V A Q AMS 25.3(2009109) 2 of 2 45267900/14267885 PaGk�t Pg,'f490°. SEP-1-2011 16:45 FRDh1: T0:9.3815043 P. �• CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE ACCOUNT Thu Dminu,Regw,wi Cmi(I<Mu rrw io -c 1M kgnl ope,miw aMN t-mm et IM1s lwv 01 OW a my y otlw Oy ACCTNO 2,395 © deponmmu,rvc5 a 0erclop,snt,mi<.-.m.y k.rtry'vcD. m6 L,niAmm a iniiW r'i�Mw v<nfeubn,m�N<<mlfiui<u subjen�o w - NUMBER mm liun�4<meiryMlM ga.WCdltomia. DATE PAID 02/01/3011 23395 MnIVA3' Tnc ewmw,o..rc, ,e�o,,,lw.m,�:w4,m<«d. uw�.;.�e..,�,.a wr„ww.e�ru miM ��PnnnwMwmKN pa>.mm. vnw wra.DAo,wdn orm«msa�w an<<no.n,.lms o<wy.ntD= w<a. 5250 $763.25 BUSINESS CLASS: WHOLESALE EXPIRATION DATE DATE PAID NOTES: 127312011 2112011 BUSINESS LOCATION: 720 COLLEGE DR O"ER,P OR WESCO DISTRIBUTION INC CORPORATION , BALANCE $0.00 BUSINIM NAME WESCO DISTRIBUTION INC ATTENTION MAILING ADDRESS 225 W STATION SQUARE DR STE 700 PITTSBURGH, PA, 15219-1169 L O) J d d N O d 3 d a 0 0 U v N N L u CL' N r TS C3 O U N W 3 E E L U A a Packet Pg. 1491