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HomeMy WebLinkAbout07.J- Council Office 7.J DOC ID: 1922 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION In Support/Opposition From: John Valdivia M/CC Meeting Date: 07/02/2012 Prepared by: Cheryl Weeks, (909)384-5188 Dept: Council Office Ward(s): All Subject: Alternative Energy Solutions for Powering Street Lights Financial Impact: None. Motion: To direct the City Manager to task the Public Works Department to: A. Determine the viability of alternative energy solutions' for implementation within the City of San Bernardino; (by August 1,2012) B. Identify appropriate application&installation of Alternative Energy Solutions' throughout our city within the framework of test pilot areas; (by August 1, 2012) C. To seek out vendors, in keeping with standard notification procedures/protocol, and, award these bids to ensure streets lights are returned into normal operation D. Report back to Mayor and Common Council within 60 days to report findings and outcomes. Alternative energy solutions: defined as either LED lighting; and/or Solar lighting with a minimum of 40%of the final outcome being allocated to Solar Street Lights within test pilot areas. Synopsis of Previous Council Action: JUN 18, 2012 Resolution No. 2012-178 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. JUN 4,2012 Personnel Actions- (Classified) One(1)Part-Time Electrician I hired. i Updated: 6/28/2012 by Sabdi Sanchez A Packet Pg. 1427 I 1922 MAY 21, 2012 Resolution No. 2012-89 of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Annual Purchase Order 2012- 34 of$14,710 to ESSCO for Additional Electrical Components for Street Light Repairs. APR 2,2012 Resolution No. 2012-56of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations. MAR 5, 2012 Personnel Actions- (Classified)Two Part-Time Electrician I's hired. JAN 9,2012 Resolution No. 2012-1 of the Mayor and Common Council of the City of San Bernardino Amending the 2011/2012 Housing and Urban Development Action Plan to Augment the City's Streetlight Repair/Replacement Project (#Ol) and Provide Additional Public Service Funds to the Legal Aid Society of San Bernardino (#02) and Authorizing the Finance Director to Transfer Funds Within the Fiscal Year 2011/2012 Budget. DEC 5,2011 That the Mayor and Common Council Authorize the Finance Department to Amend the FY 2011-12 Adopted Budget to Enhance the Street Lighting Project. Motion 1: Authorize the Director of Finance to amend the FY 2011-12 Public Works budget to enhance the Street Light Project; add two additional Electrician Ipositions, Range 1410, $3,431-$4,170 per month; increase the part-time budget by $50,000; and authorize the Director of Finance to amend the FY 2011-12 budget as indicated in order to re-light the City of San Bernardino's inoperable lights by June 30,2M 2012. JUN 20, 2011 Resolution No. 2011-143 of the City of San Bernardino approving Amendment No. 3 to the 3-Year Capital Improvement Program (2007- 2010), Amendment No. 2 to the 6-Year Capital Improvement Program (2009-2015) and Amendment No. 1 to 5-Year Capital Improvement Program(2010-2015) for Measure I Local Expenditures. Background: Whereas,many of our residents have expressed frustration with the ongoing and lingering issue of burnt out street lights; and,our residents have lost their sense of personal safety, freedom and ability to traverse our roads, sidewalks,parks and other public spaces; and, C Updated:6/28/2012 by Sabdi Sanchez A t 1922 �» Whereas,many lights that have been re-wired with traditional copper wire and appear to be chronically targeted by thieves,and,with an abundance of evidence that demonstrates the viability of a solar solutions to address the severe outages; and reduce occurrence and prevalence of copper theft; and, Whereas, there are exponential advancements in alternative energy-based technology, and, in keeping with"future proofing" for a better return of our taxpayer investment; BE IT Resolved . 1 To direct the City Manager to task the Public Works Department to: i A. Determine the viability of alternative energy solutions[ for implementation within the City of San Bernardino; (by August 1, 2012) i B. Identify appropriate application&installation of Alternative Energy Solutions, C throughout our city within the framework of test pilot areas; (by August 1,2012) C. To seek out vendors,in keeping with standard notification procedures/protocol, and, award these bids to ensure streets lights are returned into normal operation D. Report back to Mayor and Common Council within 60 days to report findings and outcomes. i 'Alternative energy solutions: defined as either LED lighting; and/or Solar lighting with a minimum of 40%of the final outcome being allocated to Solar Street Lights within test pilot areas. Supporting Documents: 1. MAINTENANCE& SERVICING OF LIGHTING REPORT FROM CHRIS LOPEZ-PW (PDF) 2. 06-18-2012 MCC RESO 2012-178 WESCO (PDF) 3. 05-21-2012 MCC RESO 2012-89 ESSCO(PDF) 4. 04-02-2012 MCC RESO 2012-56 NEW WEST SIGNAL(A) (PDF) Updated:6/28/2012 by Sabdi Sanchez A 1922 4. 04-02-2012 MCC RESO 2012-56 NEW WEST SIGNAL(B) (PDF) C5. 06-04-2012 PERSONNEL ACTIONS Hiring One(1)Electrian I Position (PDF) 6. 03-05-2012 PERSONNEL ACTIONS Hiring Two(2) Electrian I Positions (PDF) 7. 01-09-2012 MCC PUBLIC HEARING RESO 2012-1 Street Light Repair (PDF) 8. 12-05-2011 Amend 2011-12 Budget Street Lighting Project (PDF) 9. 06-20-2011 RESO 2011-143 CIP STREET LIGHTS (PDF) 07-02-2012#3 Fortune article Dream Team Article-CEO Hugh Martin (PDF) 07-02-2012 #3 Patrick Moms letter (PDF) 07-02-2012#3 Power Point Presentation (PPT) Updated:6/28/2012 by Sabdi Sanchez A N Maintenance and servicing of lighting-City of SB o Expenditures(Source:Invoices) _5 FY 09-10(May-June) FY 10-11 FY 1-12 0 (n Electricity $ 193,917.00 $ 1,964,600.00 S 1,866,200.00 m Repairs $ 35,238.00 $ 118,123.00 $ 53,663.00 `m c Materials $ 11,843.00 $ 78,016.00 $ 57,827.00 W d Labor $ 7,500.00 $ 25,000.00 $ 197,300.00 Contract(CIP) $ - $ - $ 28,112.00 `m Total Expenses 5 248.498.00 $ 2.185.739.00 $ 2,203.102.00 4 m 'v m N N Ol 9L a N W IL O J N C x v 0 0 o: LL f- C O a W of 0 Z r x C7 LL 0 Z U w W N W U Z Q Z W F- Z_ Q c d E u U R Q 7.J.b Joint Regular Meeting Summary June 18, 2012 7BR. Public Works RES. 2012-176 Resolution of the Mayor and Common Council of the City of San Bernardino y Authorizing the City Manager to Execute a Vendor Service Agreement with BCI Coca- Cola Bottling Company of Los Angeles Dba the Coca Cola Bottling Company of Southern California for the Exclusive Beverage Sales and Vending Rights at Certain City Locations. [Ward(s): 11 in Approved o Motion: Adopt Resolution; and approve the proposed agreement with Coca Cola Bottling Company. o 0 7BS. Public Works i RES.2012-177 Resolution of the Mayor and Common Council of the City of San Bernardino w` Authorizing the City Manager to Execute Amendment No. 3 to the Vendor Service Agreement to Extend the Terms and Conditions of Annual Purchase Order#212252 for FY 12/13 with Applied LNG Technologies Pursuant to Section 3.04.010 B-3 of the a Municipal Code for the Purchase of LNG Fuel. [Ward(s): All] a Approved Motion: Adopt Resolution. v m 7BT. Public Works N RES.2012-178 Resolution of the Mayor and Common Council of the City of San Bernardino 0 Authorizing the Execution of an Agreement and Issuance of a Purchase Order in the u Lu Lu Amount of $75,000 to WESCO Distribution, Inc. for Purchase of Copper Wire. 3 [Ward(s): All] m n Approved N Motion: Adopt Resolution. N 0 N 7BU. Public Works w 0 RES.2012-179 0 Resolution of the Mayor and Common Council of the City of San Bernardino L) Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order with Two Single-Year Renewal Options to Perna Distributing Company, Inc. of Bloomington, CA for Automotive, Heavy Truck and Heavy Equipment Lubricants to be W Utilized by the Public Works Department Fleet Division. [Ward(s): AII] o Approved Motion: Adopt Resolution. E U U A a Mayor and Common Cmmcil of the City of San Bernardino Page 21 Printed61=011 ackri g.1432 i j 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 N t Prepared by: Linda Dortch, (909)384-5140 m Dept: Public Works Ward(s): All y 0 Subject: N 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 w WESCO Distribution, Inc. for Purchase of Copper Wire, r s i Financial impact: w Account Budgeted Amount: $75,000 w` v Account No. 119-400-0092-2019 c Account Description: a Balance as of: 3/15112 $132,900 n 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. 0 L) Motion: Adopt Resolution. to w 3 Synopsis of Previous Council Action: None. N NN 0 W Backsround: it U The City of San Bernardino Public Works Department,Operations and Maintenance Division is U 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. 0 N C d 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. a Updated:6/13/2012 by Heidi Atea PA Packet Pg.1433 1672 The vendors, business locations, and total price quotes for the copper wire amounts above are listed from lowest to highest bidder below: r L m J N d Company Location Ouote 2 W WESCO Distribution, Inc. San Bernardino, CA $53,200 � 0 ESSCO Grand Terrace, CA $53,840 0 CED San Bernardino, CA $54,080 Karish Industries Orange, CA $54,840 w` 0 American Wire Group Hallandale, FL > $57,840 'I c FSI Energy Services Moreno Valley, CA $61,776 a Anixter, Inc. Anaheim, CA $64,000 m Z v Allied Refrigeration, Inc. San Bernardino,CA $108,600 j N N N 0 U WESCO Distribution, Inc. submitted the lowest qualified bid (See Attachment "I"). Staff m w 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. o N City Attorney Review: 0 N W Supporting Documents: U Resolution (PDF) N agrmt 1672 (PDF) N ro BID SUMMARY SHEET (DOCX) o V WESCO Bid (PDF) d E L u m Q Updated:6/13/2012 by Heidi Aten Pxve CVENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 181h day of June 2012, by and H between WESCO Distribution, Inc. ("VENDOR') and the City of San Bernardino t ("CI'I`Y"or "San Bernardino'). in WITNESSETH: `o m 0 WHEREAS, the Mayor and Common Council has determined that it is advantageous = c 5 and in the best interest of the CITY to purchase copper wire for the street lights;and rn A WHEREAS, the City of San Bernardino did solicit and accept bids from available d N IL vendors for copper wire per RFQ F-12-19; and, 2 c WHEREAS,Vendor is the lowest qualified bidder to provide said services to City; a R NOW,THEREFORE, the parties hereto agree as follows: $ N � N 9 1. SCOPE OF SERVICES. > For the remuneration stipulated, San Bernardino hereby engages the services of ,"e N N � VENDOR to provide those products and services as set forth in RFQ F-12-19, a co N copy of which C w is on file in the Public Works Department and a copy of the VENDOR's Bid Sheet is attached ;" n hereto as Attachment"1"and incorporated herein by this reference. C ° 2. COMPENSATION AND EXPENSES. o N 0 N O a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$75,000 for copper wire. E S u N b. No other expenditures made by VENDOR shall be reimbursed by CITY. < '' 3. TERM;TERMINATION. ° fV The tern of this agreement shall be from June 18,2012 through August 31,2012. m E 0 . This Agreement may be terminated at any time by thirty 0 days, u Y ) ys' written notice by either party. The terms of this Agreement shall remain in force unless amended by written Exhibit"A" 1 7.J.b' agreement of the parties executed on or before the date of expiration of current term of the agreement. N 4. INDEMNITY. rn J Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, w agents or representatives, free and harmless from all claims, actions, damages and liabilities of m c any kind and nature arising from bodily injury, - ry including death, or property damage, based or o, c Zi asserted upon any or alleged act or omission of Vendor, its employees, m n agents, or „ -M- subcontractors, relating to or in any way connected with the accomplishment of the work or `o m performance of service under this Agreement, unless the bodil in' ` � y fury or property damage was 3 actually caused by the sole negligence of the City, its elected officials, employees, agents or c C 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 a N 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 w U indemnity against the City, its elected officials, employees, agents or representatives, with > n respect to third party claims against the Vendor relating to or in any way connected with the `o O N accomplishment of the work or performance of services under this Agreement. c N w 5. INSURANCE. U U While not restricting or limiting the foregoing, during the terns of this Agreement, t o VENDOR shall maintain in effect policies of comprehensive public, general and automobile N a liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory e N worker's compensation coverage, and shall file copies of said policies with the CtTY's Risk E E r Manager prior to undertaking any work under this Agreement. CITY shall be set forth as art M additional named insured in each policy of insurance provided hereunder. The Certificate of Exhibit"A" 2 3 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 m L change or termination of policy. O1 J 6. NON-DISCRIMINATION. rn In the performance of this Agreement and in the hiring and recruitment of employees, c 0 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, m e J N discrimination in employment of persons because of their race, religion, color, national origin, m rn ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or o w w sexual orientation,or any other status protected by law. 3 c `m 7. INDEPENDENT CONTRACTOR. n° a 0 U m VENDOR shall perform work tasks provided by this Agreement, but for all intents and m a Purposes VENDOR shall be an independent contractor and not an agent or employee of the a w CITY. VENDOR shall secure, at its expense, and be responsible for any and all a p yment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment ww p yment � w Compensation, and other payroll deductions for VENDOR and its officers, agents, and f employees, and all business licenses, if any are required, in connection with the services to be c N performed hereunder. 5 0 � w 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. c v E VENDOR warrants that it possesses or shall obtain, and maintain a business registration c certificate pursuant to Chapter S of the Municipal Code, and any other licenses, permits, a e qualifications, insurance and approval of whatever nature that are legally required of VENDOR c to practice its business or profession. E E r Exhibit"A" 3 MEW- © NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United m r States Postal Service,postage prepaid and addressed as follows: O1 J d TO THE CITY: Public Works Director 300 North"D"Street fn San Bernardino, CA 92418 w Telephone: (909)384-5140 c r TO THE VENDOR: w c J N WESCO Distribution, Inc. 720 College Drive d San Bernardino,CA 92410 w Telephone: (909) 889-9791 w 0 Contact: Gale Parks 3 a d 9. ATTORNEYS' FEES. a a 0 U p In the event that litigation is brought by any party in connection with this Agreement, 00 L'- 4 u the prevailing party shall be entitled to recover from the opposing party all costs and expenses, > a w including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of n its rights or remedies hereunder or the enforcement of any of the terms, conditions or P y 0 3 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' c c O N fees"for the purposes of this paragraph. 0 w m W 10. ASSIGNMENT. X U U VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or E o M m encumber all or any pail 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 t Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR a Exhibit"A" 4 MM of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. N 11. VENUE. m J d The parties hereto agree that all actions or proceedings arising in connection with this m Agreement shall be tried and litigated either in the State courts located in the County of San m c Bernardino, State of California or the U.S. District Court for the Central District of California, t S P o Riverside Division. The aforementioned choice of venue is intended b the a y parties to be mandatory and not permissive in nature. y w m 12. GOVERNING LAW. 3 This Agreement shalt be governed by the laws of the State of California, a 0 13. SUCCESSORS AND ASSIGNS. _' Y� N M This Agreement shall be binding on and inure to the benefit of the parties to this Agreement a' N and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. O U fnl C W The subject headings of the sections of this Agreement are included for the purposes of u 3 a convenience only and shall not affect the construction or the interpretation of any of its `o N provisions. p (n N W 15. SEVERABILITY. Q: ZiU U If any provision of this Agreement is determined by a court of competent jurisdiction to E u o 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 E v s and effect. Exhibit"A" 5 cke Sf� �g i 16. F,NTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the Ii L 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 m executed by all parties to this Agreement. N C L 6 J O fq y T � Ol i� W O d 3 "_ CL Q 0 a > m 'O / u j (n0 U U U) LU s 3 x '> n c O N 0 N b W U U ' U E E N L U O N Q W O fV i= L Q Exhibit"A" 6 VENDOR SERVICE AGREEMENT WESCO DISTRIBUTION, INC. N t IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. m N 0 Dated: 2012 w O O J q BY m >, rn in u w m u > Dated , 2012 CITY OF SAN BERNARDINO 3 c d By. 0 Andrea Travis-Miller, Acting City Manager U Approved as to Form: y y m 'v L �p u By a' N Jam man, City Attorney r n O (A C W 0 3 N W � n d r � N O O N O u0 in m � � U U d � E N L � U O A N Q W O N C N L U A Q Exhibit"A" 7 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 18" day of June 2012, by and 7 L between WF.SCO Distribution, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or R m "San Bernardino"). N WITNESSETH: w u c 0 WHEREAS, the Mayor and Common Council has determined that it is advantageous 2 0 U) and in the best interest of the CITY to purchase capper wire for the street lights; and t rn rn J C WHEREAS, the City of San Bernardino did solicit and accept bids from available m vendors for copper wire per RFQ F-12-19; and, m c v WHEREAS, Vendor is the lowest qualified bidder to provide said services to City; a NOW,THEREFORE, the parties hereto agree as follows: n o `O 1. SCOPE OF SERVICES. v > w •• W N For the remuneration stipulated, San Bernardino hereby engages the services of a 0 VENDOR to provide those products and services as set forth in RFQ F-12-19, a copy of which w 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. N E c � N 2. COMPENSATION AND EXPENSES. ° 0 w E a. For the services delineated above, the CITY, upon presentation of an invoice, shall u v x 2 pay the VENDOR up to the amount of$75,000 for copper wire. ¢ N 0 N b. No other expenditures made by VENDOR shall be reimbursed by CITY, m ao 3. TERM; TERMINATION. N c The term of this agreement shall be from June 18, 2012 through August 31,2012. E u This Agreement may be terminated at any time by thirty (30) days' written notice by R either party. The terms of this Agreement shall remain in force unless amended by written Exhibit"A" l i 7 agreement of the parties executed on or before the date of expiration of current term of the agreement. 'm L 4. INDEMNITY. �°- d Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, in agents or representatives, free and harmless from all claims, actions, damages and liabilities of a c 0 any kind and nature arising from bodily injury, including death, or property damage, based or 0 N asserted upon any or alleged act or omission of Vendor, its employees, agents, or J C subcontractors, relating to or in any way connected with the accomplishment of the work or 5 u performance of service under this Agreement, unless the bodily injury or property damage was `o c d `m actually caused by the sole negligence of the City, its elected officials, employees, agents or ; a representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its �' c - own expense, including attorney's fees the City, its elected officials, employees, agents or H N representatives from any and all legal actions based upon such actual or alleged acts or a 0 omissions. Vendor hereby waives any and all rights to any types of express or implied w indemnity against the City, V 3 Y $ ty, 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 € o � N accomplishment of the work or performance of services under this Agreement. c w d K 5. INSURANCE. E U u U While not restricting or limiting the foregoing, during the term of this Agreement, a c N 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 N c worker's compensation coverage, and shall file copies of said policies with the CITY's Risk E v Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an a additional named insured in each policy of insurance provided hereunder. The Certificate of Exhibit"A" 2 cket Pg. 1443 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 7 r change or termination of policy. m 6. NON-DISCRIMINATION. Y U) 0 In the performance of this Agreement and in the hiring and recruitment of employees, 0 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 N discrimination in employment of persons because of their race, religion, color, national origin, m % C ancestry, age,mental or physical disability, medical conditions, marital status, sexual gender or m m b > sexual orientation, or any other status protected by law, ur `o F w d 7. INDEPENDENT CONTRACTOR A VENDOR shall perform work tasks provided by this Agreement,but for all intents and c _>> U purposes VENDOR shall be an independent contractor and not an agent or employee of the 0 N CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a 0 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment �i w Compensation, and other payroll deductions for VENDOR and its officers, agents, and m j employees, and all business licenses,if any are required, in connection with the services to be N i of performed hereunder. m 0 c w d m 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. u v VENDOR warrants that it possesses or shall obtain,and maintain a business registration ¢ o N 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 N c to practice its business or profession. d E L V Q Exhibit"A" 3 ,g. 1444 1mr © NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United a L States Postal Service,postage prepaid and addressed as follows: 2 a TO THE CITY: Public Works Director 300 North"D"Street San Bernardino, CA 92418 N Telephone: (909) 384-5140 0 0 TO THE VENDOR: o WESCO Distribution,Inc. r r a ° 720 College Drive : v San Bernardino, CA 92410 ;, w Telephone: (909)889-9791 « > Contact: Gale Parks w = w 9. ATTORNEYS' FEES. 3 a m In the event that litigation is brought by any party in connection with this Agreement, c o v the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 0 >N including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a 0 its rights or remedies hereunder or the enforcement of any of the terms, conditions or w provisions hereof. The costs, salary and expenses of the City Attorney and members of his A o office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' �' c � N fees"for the purposes of this paragraph. w° y C w w it 10. ASSIGNMENT. E U L U VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or a o N 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 `'' c and shall constitute a breach of this Agreement and cause for the termination of this E Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR Exhibit"A" 4 Packet Pg.1445` Oof VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. H z 11. VENUE. P m The parties hereto agree that all actions or proceedings arising in connection with this m ` Agreement shall be tried and litigated either in the State courts located in the County of San c o 0 Bernardino, State of California or the U.S. District Court for the Central District of California, 2 0 fq Riverside Division. The aforementioned choice of venue is intended by the parties to be m mandatory and not permissive in nature. w` 12. GOVERNING LAW, o � 0 This Agreement shall be governed by the laws of the State of California. `m a m 13. SUCCESSORS AND ASSIGNS. a > 0 a U > This Agreement shall be binding on and inure to the benefit of the parties to this Agreement m N and their respective heirs,representatives,successors, and assigns. o O 14. HEADINGS. N v n w W The subject headings of the sections of this Agreement are included for the 3 Purposes of � ,aD. convenience only and shall not affect the construction or the interpretation of any of its € o provisions. W N C w 15. SEVERABILITY. E rr v o If any provision of this Agreement is determined by a court of competent jurisdiction to a c N 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 N other circumstance, and the remaining provisions of this Agreement shall remain in full force E r and effect. @ a CExhibit"A" 5 log Pacloi Pg. 1446 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the H L parties, and supercedes any prior agreements and understandings relating to the subject manner P m of this Agreement. This Agreement may be modified or amended only by a written instrument ` N executed by all parties to this Agreement. c ._ 0 y L T _m O1 / J C a W m oc 3 a > a :6 o _ N S N r IL b y W N pp n N E o N N c W / r U m U QN O b fV E z Exhibit"A" 6 44T 7.J.b VENDOR SERVICE AGREEMENT WESCO DISTRIBUTION, INC. N L IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and m date set forth below. N 0 Dated: 2012 c 0 N By: m � J C p, W d S Dated 2012 CITY OF SAN BERNARDINO U) m ,2 F By 3 a Andrea Travis-Miller, Acting City Manager d m Approved as to Form: n > o ? U N a � N By. U N 2 Jam man, City Attorney IL O N U n y W 3 N pp n C O N E' o p� N m O N v W E zi r U u U x � Q N O N W O N a W E r v m Q Exhibit"A" 7 RFQ F-12-19 Copper Wire for S"el Lights City of San Bernardino TECHNICAL SPECIFICATIONS n J RFQ F-12.19 d PURCHASE OF COPPER WIRE FOR STREET LIGHTS ` n N NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" o S The Public Works Department, Operations and Maintenance Division is responsible for N maintaining street lights in the City. The intent of this document is to solicit proposals t W from qualified vendors who provide Copper Wire for purchase. The City is looking for v the most responsive and responsible vendor that will be committed to provide Copper `w Wire. Through a competitive bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for purchase of Capper Wire. d d Services: Bidder shall complete right-hand column indicating brief reasons for 3 a exceptions to requirements when not acceptable. State "Acceptable" if a requirements are agreeable as set forth In left-hand column. (0) 2 a, > Description: The City of San Bernardino Public Works Department is taking bids for t N Copper Wire. a 0 N V FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID W 3 v � CATEGORY ACCEPTABLE / m ^ ��+/�p❑ AS SPECIFIED U N 1. SCOPES W N N A. All quotes shall be on the form provided by the Public Works ACCEPTABLE w Department. E B. Default: The City of San Bernardino, by written notice of ACCEPTABLE v default to the VENDOR, may terminate the whole or any part a N of the contract in any one of the following circumstances: A) S 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 N of notice. v C. In the event the City of San Bernardino terminates this ACCEPTABLE F contract in whole or part, the City may procure supplies or services similar to those terminated, and VENDOR shall be a liable to the City for any excess cost for such similar co er 9 PacketPg. 1449 RFQ F-1245 CoPPW Wire Car Strx(Lighls wire. 2. MATERIALS SPECIFICATIONS rn J A. THHN AWG #8 stranded copper wire, on spools of 2,500 AS SPECIFIED v ft., black— 160,000linearfeet in B. THHN1AWG#10 stranded copper wire, on spools of 2,500 AS SPECIFIED ft, green—80,000 linear feet o 3, 13EFERENCE LIST i(y of vers e o City of Rancho Provide three (3) local government agencies and/or company's Cucamonga IT previous or current contact references that support your ability to March ARB provide copper wire. VA Hospital LU 4. CONTRACT LENGTH �0 E B This is a one-time purchase of materials to be made prior to July ACCEPTABLE ; a or August 30, 2012. a A a > o 5. LICENSES > N The VENDOR represents that it has all licenses including a u rn contractor license, permits, qualifications and approvals of ACCEPTABLE a whatever nature that are legally required to provide copper wire, including a City Business License, and that such licenses and N approvals shall be maintained throughout the term of this = ; Contract. p W m V N 6. VENDOR NON-COMPLIANCE rn c LU N A. If the Public Works Department Director, or his designee, � o determines that there are deficiencies in the performance of ACCEPTABLE m rc this Agreement, the Public Works Department Director, or his E designee, will provide a written notice to the VENDOR stating the deficiencies and specifying a time frame to correct the a N specified deficiencies. This time frame shall be reasonable, as determined by the Public Works Department Director, or his designee, to correct the specified deficiencies. o N B. Should the VENDOR fail to correct any deficiencies within the ACCEPTABLE stated time frame, the Public Works Department Director, or E his designee, may exercise the following measures: 1. Impose a deficient deduction and deduct from the ACCEPTABLE a 10 Packet Pg..1450 [U-'Q rat-19 Copper Wire for Swat Lights VENDOR'S payment the amount necessary to correct the deficiency, Including City overhead costs. s 2. Withhold the entire or partial payment. ACCEPTABLE v 3. Terminate the contract and award to second bidder. ACCEPTABLE in `o N C O O w N L T m s J O C y W > A w � m m � a v > n > 0 o o _ U ; m N L N L A ] ter.. a . o N U N 'O W m n O N U N o W N 3 N W c x E E v t U m � QN O N W b O fV C d E L u m a ]1 RFQ F-t 2-19 ro*'? KC]C:0 P_ CJopper Wire for Street Lights PRICE FORM Q!A N s m REQUEST FOR QUOTES: F-12-19 m v DESCRIPTION OF RFQ: COPPER WIRE FOR STREET LIGHTS y , c COMPANY NAME: WESCO DISTRIBUTION. INC. m C 2 ADDRESS: 720 COLLEGE DR 0 H N SAN BERNARDINO, CA 92410 r m Z m C m W 2 y PRINT NAME OF AUTHORIZED REPRESENTATIVE GALE PARKS 3 `m m a "> 0 0 ITEM UNIT FIRM FIXED PRICE m > � N THHN AWG #8 stranded copper wire, 160,000 LF $.251 ea $ 40,160.00 2 m on 2,500 foot spools, black a' 0 THHN AWG #10 stranded copper wire, 80,000 LF $.163 ea $ 13.040.00 e w on 2,500 foot spools, green " 3 TOTAL: $ 53,200.00 :2 °D m U N N O W N This is a one-time purchase of materials to be made prior to July or August 30, 2012. ; 0n a K Are there any other additional or incidental costs that will be required by.your firm in E U order to meet the requirements of the Proposal Specifications? Yes I No (circle f one). If you answered "Yes", please provide detail of said additional costs: a 0 N OD O /V Please indicate any elements of the Proposal Specifications that cannot be met by your c firm. If awarded,we would need a purchase order by July 1st,or our form "Customer Dedicated E Inventory Agreement'signed in order to hold the price for the duration of the contract year.t G m I C13 i RPQ F-12-19 Copper WireSor Shed Lights Have you Included in your proposal all informational items and forms as requestedZ } / No . (circle one). If you answered "No", please explain: .. R a J d d N This offer shall remain firm for 0 days from RFQ close date, `o Terms and conditions as set forth in this RFQ apply to this proposal. o Cash discount allowable 2% 10th days; unless otherwise stated, payment terms are: Net thirty (30) days. t m In signing this proposal, Offeror(s) warrants that all certifications and documents m w requested herein are attached and properly completed and signed. 0 ; A From time to time, the City may issue one or more addenda to this RFQ. Below, please w indicate all Addenda to this RFQ received by your firm, and the date said Addenda a was/were received. v m Verification of Addenda Received v 0 m v > Addenda No: Received on: t N Addenda No: Received on: NONE RECEIVED 2 Addenda No: Received on: eL 0 n U to FIRM NAME: WESCO DISTRIBUTION. INC. " 3 9 � ADDRESS: 720 COLLEGE DR. 0 N N o SAN BERNARDINO,CA 92410 3 0 N Phone: 909-889-9791 d W E v Email: gparks(dwesco.com Q N Fax: 909-381-5043 _ N Authorized Signature: / N Print Name: GALE PARKS v E Title: OUTSIDE SALES z: Q 14 7.J.b RVQ F•12-19 Coppa Mire for Sheol Lights IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: N L m J d d N to N C O ._ O N t T 01 � J d C N W a N � � N O C d d 3 Q 0 9 U m a > N N t N d O, r CL O N U n m �O W 9 pp m n 0 ry U) o W N 3 o N W a � t U m � aN 0 N D7 VJ O fV C d E L d d Q ]5 ""P"aE Q��g:`1454 Mir RFQ F.12-19 Copper Wire for Strut Lights NON - COLLUSION AFFIDAVIT t m J TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO m a, In accordance with Title 23, United Stales Code, Section 112, the undersigned hereby n states, under penalty of perjury: N C 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 S conection with RFQ F-12-19. rn n on T J C Business Name W M �l ST21 R L)T10� ZNC , y w E Business Address D D L445 Cn6 D2., 5 -A/ 2Ni42D/ UOr CA Signature of bidder X l V2 1./0 3 a a m a '> 0 D vz7l► (ii CA v > lace of Residence r N Subscribed and sworn before me this ' day of r y . 20 0 m N Lu Notary Public in and for the County of State of California. " Lu My commission expires; ,L 0, 20 . � N N o W N 3 0 N W d K jam+ .t+..�BRIJ PATEL _ E 4"7 Commission N 1949722 a aMy Rotary Public-California z Orange Caunly Comm.Eepires Aug 19,2015- N co d 0 N C d E s U N Q O17 Packet Pg. 1455 a VVESCO 0191 I:IIAII'IU�' L O) Date: January 13, 2012 To: National Financial Services Managers m Regional Financial Services Managers in Group and Regional Conti-oilers From: WESCO Corporate Headquarters c 0 Subject: Signatory Authority Delegation S 0 N 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 D c of liens; b) provide evidence that wages, material charges, and taxes have been iu W paid; and c) sign documents necessary to claim or recover monies due the 2 Company. The signatory authority delegation described herein requires that said a m affidavits, certificates and documents be first approved internally in accordance ° E with the Corporate Levels of Authority (IAA), The LOA document is available at m °a '> 2. Authority: The WESCO Distribution, Inc. Board of Directors adopted a 0 'o Delegation of Authority Resolution on February 28, 1994 authorizing me to L' A delegate authority to you to perform certain duties in the ordinary conduct of a 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. 2 a 3. Acquisitions and Divisions: The signatory authority described in paragraph 1 0 shall include the management of WESCO's acquired subsidiaries, divisions and all W business locations. •m 4. Expiration: This delegation of authority shall continue in full force and effect r until December 31, 2012, unless terminated earlier by me. rn o W N 5. Questions 3 O Questions regarding this delegation of authority should be referred to 0 Samantha L. O'Donoghue, Corporate Secretary, at (412) 454-2377 or a K sor.',,ri:e;it_icr�i.,irc_scu.,cm�. t U Q N Jo'(rtn J. Engel .{'` ��itirman, Prsident and CEO ° (ktachment: Extract of Board Resolution, dated February 28, 1994 E U U Q WLiSCO DlsbihuHOn,LU. - 22S W.Slnlion Squwre Uri,re,Fn+ilr 7IX1 - I'illsbuogh,PA 15219 Packet Pg. 1456 a q N t Of J WESCO DISTRIBUTION, INC. ; EXTRACT FROM MINUTES OF MEETING OF THE y BOARD OF DIRECTORS 0 Ul C FIELD ON FEBRUARY 28. 1994 00 .? 0 RESOLVED, that, effective March 1, 1994, the Chairman and the W President of the Corporation be, and each of them hereby is, authorized, in the ordinary m F course of the Corporation's business and to the extent permitted by the General Corporation Law of the State of Delaware, and the Certificate of Incorporation and By- d W Laws of the Corporation, (i) to sign all bonds and obligations, (ii) to sign, execute and rn bind the Corporation with respect to all contracts, deeds, leases, powers of attorney, 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- n specified officers is also authorized to delegate his respective signature authority by a o writing (x) specifying the scope of the authority being delegated by the writing, (y) d identifying the delegate either by name or as the incumbent of a position and (z) w advising the delegate that he or she shall have no authority to redelegate the signatory u authority being delegated. a O n V N 9 � m 1, Samantha L. O'Donoghuc, Corporate Secretary, DO HEREBY CERTIFY 0 that the foregoing is a true and correct copy of resolution adopted at [Heeling of tine W r Board of Directors of said Corporation held on February 28, 1994, at which meeting a 3 N quorum was present. d z IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal u U of said Corporation. Dated: J Samant a L. O'Dorroghik. o Corporate Secretary N c m E r u m a Client#: 19051 WESCO ACORD- CERTIFICATE OF LIABILITY INSURANCE D6103/2011 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(Si,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the Certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If 6UBROGATION 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 ID the certificate holder In lieu of such andorsement(s). t PRODUCER NAME: Lisa Kozel J HDH Pittsburgh P8t ac N EM:412-992.2851 Np;412.535-0751 60 Steen Tower,Suite 1100 m 600 Grant Street acoaass: IIBekghdhgroup.com Pittsburgh,PA 15219.2804 CUSTOMER o 11 in ------ _. INSURERISIAFP°RDWGCOVERAGE NAIC1 0 INSURED WESCO International,Inc.and INSURSIA:Travelers Property Casualty of _ 25874 WESCO Oistdbution,Inc. Sauna,St.Paul Fire&Marine Insurane 24767 � 225 W.Station Square,Suite 700 mum c;Travelers Indemnity Company 25858 .' Pittsburgh,PA 15219 INSUREAD: O INSURNier � y T INSURER F: Do O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: J d THISISTOCERTIFY THATTHE POLIGESOF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD d W INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR COMMON OF ANYCONTRACT OROTHER DOWMENTWITH RESPECTTOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED SYTHE POLICIES DESCRIBED HEREIN ISSUIJECTTO ALLTHE TERMS, 2 N>_ EXCLUSIONS AND COND91ONS OF SUCH POLICIES.UMITS SHOWN MAYRAVE SEEN REDUCED BY PAID CLAIMS. In TYPE OF NSURANCE Pa4CYNUMSER D ICD Y EPF YOMLIKODT MP UNITS A TC2JOLSA466K204ATI 6104/201108104/201 EAC OCCURRENCE $1,000,000 X M :Y.NERM-HAenBY NO- C Q CLAY&MACE a OCOAJR MEDEXP(M. 3300 000 M , MEO E%P A,ry mm pNacn) 110000 Y1 A PERSONALAADVINURY 41000009_ G GENERAL AGGREGATE e4 000 009 L) ID °EMAA3RGATEDmMIITAPPLIEa�: paODUCTa.cossa PAm s4009000 N � $ m C p AUTOMOBILE UAesm TC2JCAP466K2026TIL 0610412011 061041201 COMBYEOSINGLELIMIT i LLj X ANYAVTO PHYSICAL DAMAGE tEsaeldedJ 20000 ALL OWNEO ALTOS IS SELF INSURED BOUeYNJURYINIM.m) 4 — D. DODLYINJIJRYBbrettMeN) 4 N 0 scHEwtaoauros r X HIREDAUTOS (PRecddca) = O W X NON-0WNEOAUIOB 4 9 do 3 m B X uaeReLULMe LXJ DccuR pK03700293 610412011 0610412012 EACH OCCURRENCE 45000000 0 N E%CFaB LIAR CLAYB.NWE AGGREGATE 55009000 V) O DEDUCTIBLE 4 W N X R NIN 10009 A WORKERS COMPEN6ATION TC2JUS466K197011 6/0412011 06/041201 X „�,..AMr°TA °iH C W ANDEMPLOYERS-MaILNY Yr a, gi OFFICEFUMEM0 RE%RCLUDE°EDE9 ECUTIVEr�s NIA EL.GACHACCIDF.NT $1000,000 E () IN -daiPry In NHl �� E.L.NSEASE-EAEMPLOYEE 1009000 U f.7 II d-Pau' fide, 1D M CRI 104 OF OPERATIONS E.L.DISEASE POLICY UNIT $1900909 F ON Q O N DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES"A II ACORD 101,AddNlenal Remark%Sahedale,N arm apace Is required) W WESCO International Inc,WESCO Distribution,Inc,and any other organization,other than a partnership or Joint venture,over which WESCO maintains ownership or majority interest (See Attached Descriptions) of CERTIFICATE HOLDER CANCELLATION d E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE L THE EXPIRATION DATE THEREOF,NOTI CE WI LL BE UeUVERED IN R EVIDENCE OF COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS. Y+ a AUTHORIZED REPRES ENN�TATIVE 4/ 019863009 ACORD CORPORATION,All rights reserved. ACORD 25 12 0 0910 9) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2679001M267885 LKO Packet Pg. 1458 DESCRIPTIONS (Continued from Page 1) on the effective date of the above referenced policies are included as Named Insureds. Requestor: Dan Simmen Branch: Corporate in t m J d d N O w N c O _ O O � J N W u a m v n 2 0 c d � a d A O U m d 7 N N L N U � J a O O N W C re 07 r- 0 U N o W N O N W v M E O L f.t Q N O N W V1 O N C d E L u m Q i AMS 25.3(2009109) 2 of 2 #S267900114267885 M%59`= e.= SEP-1-2011 16:45 FRON: TO:93F315043 P. CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE ACCQUNT V-4 M...IM k�,'m..v1..f iM.Emwvxa Ak Ixvio.OYivr+ppmnb W. Cy ACCT NO 23395 kpM1nnmu,xM1U RVtlopccm nmrn gplk rtyvirt! fibLm(Irne eu.uO Wlpui nrikvbn�MitM<mlkaw e.vgrna ai NUMBER DATE PAID 02ro1R011 23395 6P.tlewd. Be eukm o..<r:rupwrtb kr f y.m<wI na rtawy.rca.,p.air<m.Ny..vm aos re..am .mRweeaM1yw mHyp,,,,<,,.unwv:awuw la mwofikeauneneu<.ro .sovaw.ywlt<:pu<a. 525D $763.25 N BUSRJESSCUSS: WHOLESALE EXPIRATION DATE t DATE PAID NOTES: 12/3112011 O1 J 2112011 BUSINSSS LOCATION: 720 COLLEGE DR y v owN6Rmmm WESCO DISTRIBUTION INC CORPORATION , . U) BALANCE $0.00 w BUSINESS NAME WESCO DISTRIBUTION INC C ATRNTION O MAILING ADDRESS 225 W STATION SQUARE DR STE 700 FTFSBURGH, PA, 15219.1169 0 y^ N t T tP OI J O C y W v y N � c `o c a m 3 a `y m a 'j O a o _ U R a > p .. � N L N O 7 .r. a O � U W LU a � U N N O W N 3 o LU c W v � E U t U A � Q N O N W O O N C N E L O N Q `- ac Pg. 1460 Joint Regular Meeting Summary May 21;2012 8C. Parks.Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, with a u Contingency Amount of$5,000, to Inter Valley Pool Supply, Inc. for Swimming Pool rn Chemicals (Chlorine and Acid) for FY 2012/13, with Two Additional Single-Year Renewal Options. [Ward(s): All] a No Action Taken n Motion: Adopt Resolution. 2 Approved o Motion: Table the matter. 0 ur 8D. Parks.Recreation & Community Services rn RES.2012-88 Resolution of the Mayor and Common Council of the City of San Bernardino d Authorizing the City Manager to Execute the Second Amendment to the FAS Standard 2 Contract with the County of San Bernardino for the Lease of a Portion of the Delmann c Heights Community Center to be Used for the Head Start Program. [Ward(s): 6] a Approved Motion: Adopt Resolution. v m SE. Public Works .. RES.2012-89 N Resolution of the Mayor and Common Council of the City of San Bernardino m Authorizing an Increase to Annual Purchase Order 2012-34 of $14,710 to ESSCO for 0 Additional Electrical Components for Street Light Repairs. [Ward(s): All] 0 w Approved m Motion: Adopt Resolution. C? N O 8F. Public Works 0 RES.2012-90 w Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Annual Purchase Order 2012-392 of $3,562.13 to Vulcan Materials Company for Asphalt Materials for Street Repairs. [Ward(s): All] N Approved Motion: Adopt Resolution. N N O 8G. Public Works RES.2012-91 c Resolution of the Mayor and Common Council of the City of San Bernardino £c Authorizing the Execution of an Agreement and Increase to Annual Purchase Order No. 2012-803 in the Amount of$7,000 to Loma Linda Plumbing, Inc. for Plumbing Repairs a As-Needed. [Ward(s): All] Approved Motion: Adopt Resolution. Mayor and Common Cwmcii of the City of San Bernardino Page 7 Printed 511712012 Packet Pg. 1461 RESOLUTION(ID#1803) DOC 1D: 1803 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Purchase Order From: Robert Eisenbeisz M/CC Meeting Date: 05/21/2012 r m J Prepared by: Linda Dortch, (909)384-5140 ; d Dept: Public Works Ward(s): All 0 N Subject: o Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Annual Purchase Order 2012-34 of $14,710 to ESSCO for Additional Electrical o m T Components for Street Light Repairs. o, d Financial Impact: w Account Budgeted Amount: $230,100 > Account No.00 1-400-0026-5111 a Account Description: Materials& Supplies Balance as of 5/7/12: $120,688.32 2 m Balance after approval of this item: 105,978.32 N 01 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. 0 N to Motion: Adopt Resolution. w 01 Synopsis of Previous Council Action: 0 None. N l7 �y K Background: The Public Works Department, Operations & Maintenance Division, is responsible for N maintaining street lights in the City. Currently,the City is experiencing a large amount of copper N wire theft from street light poles. o c E An Annual Purchase Order in the amou t of$24,900 w s issued to ESSCO for the purchase of electrical compon nts for street lights. a to the . h incidence of wire theft and the large number s reet hts hat are currently not working, staff is requesting an increase in the amo t of$14,71 to current purchase order to allow the purchase of materials to continue Updated:5/16/2012 by Sabdi Sanchez E Packet Pg:`1462 1803 repairing the street lights for the remainder of FY 11/12. City Attorney Review: N Suuoortine Documents: t m Reso 1803 (PDF) w v VSA (DOC) n `o w N C O ._ O y T O) d C W d C d Q A 2 'O N 1 N N O 0 U N N W rn OF N O N 0 W W W U U N O N N N O Nl C d E r u m Q Updated:5/1612012 by Sabdi Sanchez E I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY H OF SAN BERNARDINO AUTHORIZING AN INCREASE TO ANNUAL PURCHASE rn 3 ORDER 2012-34 BY $14,710 TO ESSCO FOR ADDITIONAL ELECTRICAL 4 COMPONENTS FOR STREET LIGHT REPAIRS 4 d WHEREAS,an increase in Purchase Order Number 2012-34 to ESSCO is needed for rn 5 0 6 the purchase of additional lighting materials and supplies in excess of$25,000 for FY 2011- 7 12;and °- 0 WHEREAS, the current Purchase Order Number 2012-34 in the amount of$24,900 n S T 9 needs to be increased by$14,710 for a total Purchase Order amou of$39,610. 0 d c BE IT RESOLVED BY THE MAYOR AND COMMO CIL OF THE H o 10 CITY OF SAN BERNARDINO AS FOLLOWS: w % c 11 SECTION 1. Pursuant to this determination the Director o his designee is v Q 12 hereby authorized to increase Purchase Order Number 2012-3 by $14,710 to SSCO for a total amo of$39,610. '- 13 � a 14 SECTION 2. The Purchase Order shall reference this Resolution No. 2012- >and .. N N 15 shall read, "ESSCO for additional electrical components for street light repairs,not to exceed o $39,610" 16 d /I/ of N 17 w 18 0 � N 19 c 0 20 /// r Lu 21 x v 22 N 23 O 24 f/� M 25 C L d 26 E A 27 28 c e_Pg. 1464 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND INCREASE TO ANNUAL PURCHASE ORDER 2012-34 BY$14,710 TO ESSCO FOR ADDITIONAL ELECTRICAL COMPONENTS FOR STREET LIGHT o 3 REPAIRS. 4 d 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and w 6 Common Council of the City of San Bernardino at a meeting 2 7 0 thereof,held on the_day of ,2012,by the following vote,to wit: 'n 8 _ T r) W 9 Council Members: AYES NAYS ABSTAIN ABSENT 0 w` N j 10 MARQUEZ W 11 N y JENKINS � a 12 " E VALDIVIA 13 - o 14 SHORETT — > N N 15 KELLEY o rn N v 16 JOHNSON o N 17 MCCAMMACK 18 o N ry N C o 19 N C Q 20 Georgeann Hanna,City Clerk E w u K Q U 21 The foregoing resolution is hereby approved this day of ,2012. � 22 0 N 23 Patrick J.Morris,Mayor 24 City of San Bernardino n 25 Approved as to form: JAMES F.PENMAN, E 26 City Attorney 27 By: a 28 7.J.d Joint Regular Meeting Summary April 2, 2012 D. Civil Service w Personnel Actions-Classified [Ward(s): All] _ rn Approved a Motion: Approve and ratify the classified personnel actions, as submitted by the n Chief Examiner, in accordance with Civil Service rules and Personnel o policies adopted by the Mayor and Common Council of the City of San H Bernardino. o 3 O E. Human Resources w Personnel Actions- Unclassified [Ward(s): Ali] rn d c Approved w Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. d a F. Public Works RES. 2012-56 — Resolution of the Mayor and Common Council of the City of San :2 Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and > Upgrade of the Street Lighting System at Various Locations. [Ward(s): All] N N Ol Approved Motion: Adopt Resolution. a J z Z G. Public Works 0 RES. 2012-57 — Resolution of the Mayor and Common Council of the City of San U) Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and w Northpark Boulevard and Approving the Filing of a "Notice of Completion". [Ward(s): 51 w z Approved Motion: Adopt Resolution. 0 N O 6. CONTINUED ITEMS w It A. City Clerk `) U Council Minutes (At Meeting of March 19, 2012, Item Continued to April 2, 2012.) [Ward(s): N/A] V 0 N No Action Taken Motion: Approve the minutes of the Mayor and Common Council and the Mayor o and Common Council acting as the Successor Agency to the e Redevelopment Agency meetings of March 5, 2012, February 21, 2012, d December 19,2011,and November 21,2011, as submitted. E S Approved m Motion: To continue the matter to May 7,2012. Mayor and Common Council oflhe City of San Bernardino Pages Printed3 11911012 RESOLUTION(ID# 1673) DOC ID: 1673 G CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract rn J From: Nadeem Majaj M/CC Meeting Date: 04/02/2012 d Prepared by: Linda Dortch,(909)384-5140 w c Dept: Public Works Ward(s): All g Z 0 rn Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and Upgrade of the Street Lighting w m System at Various Locations. Financial Impact: d Account Budgeted Amount: $132,900 Account No. 119400-0092-5502 > v Account Description: Professional/Contractual Services > N Balance as of 3/21/12:$79,131.20(CDBG Fund transfer of$190,000 is scheduled for April 15, m 2012) a Balance after approval (and transfer of funds)of this item:$69,618.20 a z cc Please note this balance does not indicate available funding. It does not include non-encumbered 3 Lu reoccurring expenses or expenses incurred,but not yet processed. 3 w Motion: Adopt Resolution. z N Synopsis of Previous Council Action: 0 On December 2, 2011,the Mayor and Common Council (MCC)approved a Public Works street J ONE o lighting plan, which was designed to aggressively retum the City of San Bernardino to normal 30 w of lighting conditions by June 30,2012. 0 ry 9, 2012, CDBG Public Hearing was held and the MCC approved the transfer of N $190,0 munity Development Block Grant(CDBG)funds into Public Works Department's N reef Light Maintenance budget. N a 0 Back round: The Public Works Department is responsible for maintaining approximately 74 200 street lights w ( approximately one half of the total street lights)throughout the City. Currently,there a— re many E inoperable street lights due to copper-wire theft. This contract is part of a larger effort to return Y Updated:3/28/2012 by Stephanie Easland G Packet Pg. 1467 lir 1673 the City's street lighting to normal condition. 'w r On December 2, 2011, the MCC approved a Public Works street lighting plan, which was Jdesigned t0 aggressively return the City of San Bernardino to normal lighting conditions by June J VNIff 30, 2012. The plan depended upon the receipt of several sources of funding, which included a 30 n reallocation of$190,000 CDBG funds into the Public Works' Street Light Maintenance budget. 201: 0 On January 9,2012,a Public Hearing on the proposed reallocation of CDBG funds was held and y`o the MCC approved the transfer of $190,000 CDBG funds into Public Works' Street Light Maintenance budget. The street lighting plan also included $248,200 of additional funding N needed. At the time, it was contemplated funding may be provided by the Economic rn Development Agency. As the Agency is currently being dissolved pursuant to the State law, the sources of the additional $248,200 have yet to be identified. d On February 16,2012,a notice inviting sealed bids was initiated for the repair, replacement, and upgrade of the street lighting system at various locations throughout the City. The bid included a fixed fee for labor and materials for maintenance functions per the Bid Schedule. a m Advertising for the project's bids included the San Bernardino County Sun Newspaper, F. W. v Dodge Company (Rancho Cucamonga and Monrovia), High Desert Plan Room, Construction > Bid Board, San Diego Daily Transcript, Bid America Electronic, AGC Plan Room/The Daily N Construction Reporter, Reed Construction Data, Construction Bid Source, and Bid Ocean. © Notices inviting sealed bids were also e-mailed to the Chamber of Commerce and posted on the a City's website. In addition,Public Works staff contacted local electrical contractors by telephone to inform them of the project. Several bid packets were e-mailed to interested local contractors. z However, no local contractors submitted bids. n U) rn W 3 3 w z The following six bids were received: N O N O Name of Bidder City Amount of Bid W New West Signal, Inc. Fontana $188,220.00 N JFL Electric, Inc. Los Angeles $230,567.75 0 N N Steiny and Company, Inc. Baldwin Park $258,565.00 ° v 0 JT Electric, Inc. Upland $260,341.00 a RIS Electrical Contractors Riverside $292,398.00 E s U Q a Updated:3/28/2012 by Stephanie Easland G F e` 9 468 7.J.d 1673 PTM General Engineering Services, Inc. Riverside $341,390.00 y s J N After a complete review of the six competitive bids and verification of mathematical calculations v in and certifications, staff has determined that New West Signal, Inc. is the apparent lowest bidder, I 0 and has met the minimum requirements of the specifications.New West Signal, Inc.'s bid did not y contain unit prices written in words as required by the specifications. However, the unit prices 0 were presented in figures which were clearly written without any ambiguity. Public Works staff o consulted with the City Attorney's Office and confirmed that the omission of the unit prices ) written in words (in this instance) is an "inconsequential deviation from the contract specifications" and an "irregularity" which the City may waive as stated in the specifications on w` pages A-4, B-9 and SP-11, Section 3-1.02, and when the bid award is in the best interests of the City. c CBased on the above information, Public Works recommends awarding this contract to New West 1 a Signal, Inc.as the lowest responsible bidder. "v The estimated project costs are as follows: N N Bid Amount $188,220 a Contingencies(6%) $11,293 z 0 ✓Total Project Cost $199,513 w N W 3 If approved,this project is expected to begin in April 2012 and be completed by July 1,2012, w z m City Attorney Review: "' N 0 Suonortine Documents: No Resolution (PDF) w Bid Document(PDF) L) L) Specification StreetLightRepair#12853 (PDF) 0 N 12853 ADDENDUM NO ONE (PDF) c a 0 12853 ADDENDUM NO TWO-Signed by City Engineer doe (PDF) Bid Results (PDF) `w E L u m a Updated:3/28/2012 by Stephanie Easland G ,.:et'Pg. 1469 7.J.d S.F.a Yl L O1 1 RESOLUTION NO. m 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY y OF SAN BERNARDINO AWARDING A CONTRACT TO NEW WEST SIGNAL,INC. w 3 FOR REPAIR, REPLACEMENT, AND UPGRADE OF THE STREET LIGHING 4 SYSTEM AT VARIOUS LOCATIONS. o ._ 5 to T C 6 WHEREAS,On February 16,2012 the City of San Bernardino invited bids in relation c w 7 to street light repair,replacement and upgrading with respect to Bid Document No. 12583; > 8 m WHEREAS,the City of San Bernardino received six bids in relation to the request for 0 d 9 bids; ° C 10 r A a, 11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON ? COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: > 12 N SECTION 1. New West Signal, Inc., 14055 Foothill Blvd., Fontana, CA 92335 13 , is m 14 the lowest responsible bidder for repair,replacement,and upgrade of the street lighting system N J 15 at various locations with respect to Bid Document No. 12583. This contract is awarded o Z .y 16 accordingly to said bidder in the total amount 4t$199,513. All other bids, therefore, are N 17 hereby rejected. The City Manager is hereby authorized and directed to execute said contract ° 3 18 3 on behalf of the City. A copy of the contract is on file in the office of the City Clerk and is d z 19 a: 20 incorporated herein by reference as though fully set fourth at length. a E N 21 SECTION 2.This contract and any amendment or modifications thereto shall not take u O N 22 effect or become operative until fully signed and executed by the parties and no party shalt be ¢ U 23 obligated hereunder until the time of such full execution. No oral agreements, amendments, 24 N modifications or waivers are intended or authorized and shall not be implied from any act of 25 g 26 course of conduct of any party. o v 27 SECTION 3. The authorization to execute this contract is rescinded if the parties to c d 28 the contract fail to execute it within sixty(60)days or passage of this Resolution. E L 0 m z 6 5.F.a 7.J.d N S RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY J I OF SAN BERNARDINO AWARDING A CONTRACT TO NEW WEST SIGNAL,INC. m 2 FOR REPAIR,REPLACEMENT AND UPGRADE OF THE STREET LIGHING n SYSTEM AT VARIOUS LOCATIONS. 5 3 y c 4 °- I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor S 0 5 and Common Council of the City of San Bernardino at a meeting T 6 p m thereof,held on the_day of .2012,by the following vote,to wit: c 7 e w a 8 Council Members: AYES NAYS ABSTAIN ABSENT m c o 9 MARQUEZ � E 10 JENKINS rn 11 J v 12 VALDIVIA > � N 13 SHORETT 14 KELLEY N J 15 JOHNSON o z •N � 16 MCCAMMACK _ �'� F 17 N c 3 0 18 3 w 19 Georgeann Hanna,City Clerk z rc T 20 The foregoing resolution is hereby approved this day of 2012. u E N 21 u O N W 22 Patrick J. Moms,Mayor < L)Of 23 City of San Bernardino c) 24 Approved as to form: a James F. Penman, N 25 City Attor o 26 By i v 27 c a 28 s m a BID FOR UNIT PRICE CONTRACT L PLACE CITY OF SAN BERNARDINO . d DATE 311 U 112 N 0 PROJECT NO 12853 0 Bid of t lA, We-54 S I Q VLC—t l n C - (hereinafter y J T Ol called "Bidder")* a corporation, organized and existing under the laws of the State of t w v a partnership, or an individual doing business V c as Ct u (�es�- �1 a v�a( I nc a To the City Engineer of the City of San Bernardino, r m > J California (owner and hereinafter called"CITY" ql .Gentlemen: a' J The Bidder, in compliance with your invitation for bids for the construction of: PLANS & SPECIAL PROVISIONS NO. 12853 c w REPAIR, REPLACEMENT AND UPGRADE 3 OF THE m W STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS E N IN THE CITY OF SAN BERNARDINO N (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) a p w w having examined the Plans and Special Provisions with related documents and the site of the u U proposed work, and being familiar with all of the conditions surrounding the construction N 0 N of the proposed project including the availability of materials and labor, hereby proposed to e 0 furnish all labor, materials, and supplies, and to construct the project in accordance with the c d E t 0 B-I a 1.172 7.J.d 5.F.b Bid and Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under d d the contract documents, of which this bid is a part. N `o c Bidder hereby agrees to commence work under this contract on or before a date to be specified in 2 0 written "Notice to Proceed" of the CITY and to fully complete the project within 40 v Working Days , thereafter as stipulated in the Special Provisions. Bidder further agrees to pay as W liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as R v 0 a hereinafter provided in Section 4 of Part II of the Special Provisions. v m ; L p O > Bidder shall acknowledge receipt of addendum(s) on Sheet C-1 of these Bid Documents. 2 n M a r �- O J Q Z c U E N U J- U VJ O W 0 3 m w Z v L N U � N O >; N Q p N W U U N O N N O a O V *Insert corporation, partnership or individual as applicable. E E L U R Q B-2 P Packet Pg. 1473 Ar SCOPE OF WORK p m J d d The CITY street lights to be repaired are 240 volt systems. The planned work will be on major streets in the City of San Bernardino and traffic control will be required. Inspection will be made by the Public Works Department. This inspection and the Bid Schedule will be the basis of payment to 0 the contractor for the project. 0 U) The work mainly consists of the installation of conductors and connections thereof. Following the rn construction and inspection of the this work, all pull boxes shall be secured with concrete per the attached CITY Detail and tamper-proof screws shall be used to secure pole hand-hole covers. The d installation of additional pull boxes and conduit shall be part of the project to a lesser extent. The -c- removal and replacement of complete street light pole assemblies shall be included, as required. The removal and replacement of foundations shall be included as required by CITY inspection. a 0 U m The Contractor shall be responsible for the complete repair of the circuit being serviced. In some v cases the work shall consist of the replacement and connection of the conductors, inspection and o approval of the work by the CITY and then securing the pull boxes and poles. In other cases, the replacement and connection of the conductors will show that lamps are not illuminated and more 2 work will be required.at the fixture or fuse. .Bid Items on the Contract Bid Schedule are the CITY's M a estimated items and quantities, and actual items and quantities may defer in the work of the project. Quantities of work shall be paid on a per item basis per the unit bid price on the Contractor's c z submitted contract Bid Schedule and Section 6,Part II of these Special Provisions. E y d N The undersigned bidder hereby agrees, if this bid is accepted,to famish all material except as noted a 3 and do all the work required to complete said work in accordance with the specifications and m w instructions, and in the time and manner therein prescribed for the unit cost amounts set forth in the z d t0 schedule on the following bid. t d b The bidder also understands that there is no warranty or guarantee given or implied as to the total a o amount to be ordered as a result of this contract. The quantities stated in this bid are estimates,to be U) used for bid comparison purposes only. Specific street lighting repairs, installation of conductors, u conduits,pull boxes or pole replacements will be ordered as needed. N O N N O V O V C d t l Q � Pabket' BID FORM s m J TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO y 0 The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to 5 furnish any and all required labor, materials,transportation and service for the w T REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO a (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) j m c � in strict conformity with Plans and Special Provisions No. 12853 , of the Engineering Division, Department of Public Works for the City of San Bernardino and also in accordance with Standard •• Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is �? accepted, that he will contract with the City of San Bernardino, in the form of the copy of the a contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of ' a maintenance, and to do all the work and furnish all the materials specified in the contract, in the d manner and time therein prescribed, and that he will take in full payment therefor the following unit w prices or lump sum prices,to-wit: 0 W m W c Z v so L N qV � g N o N W U V N O N N O V O Y C d E L u m B-4 a 3T5'° BID SCHEDULE N PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM m AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO w `0 BID N C ITEM DESCRIPTION OF ITEMS UANTITY UNIT UNIT PRICE TOTAL 0- NO. With UNIT PRICE Written In WORDS ESTIMATED IGURES IGURES 0 1. REMOVAL & INSTALLATION OF STREET LIGHT POLES & FOUNDATIONS rn a. REMOVE Remaining Portion of Damaged Pole-High ��-/��/A� 0o w Mast at JM�ey 500 Dollars 5 $— $� i BID SCHEDULE N PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM d AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO y 0 N C ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL °- NO. With UNIT PRICE Written In WORDS TrauTeo FIGURES FIGURES 0 2. INSTALLATION OF CONDUCTORS & CONDUIT m a' INSTALL 2-TBHN AW G#8 & 1-THHN AWG#10 U at z.l5 w Dollars 25,000 LF S 2F $ �L D °' & Cents per LIN.FT. A a b. REMOVE & REPLACE Damaged CONDUIT,at CJv pO oe o a Dollars 100 LF $_/LF $5 000 rn m & Cents per LIN.FT. m � C. INSTALL 2-THHN AWG #10, at Wo 0� Dollars 1,200 LF $ 2 /LF $2�f O6. 4! & Cents per LIN.FT. N M Q 3. PULL BOX INSTALLATION, CONNECTION OF WIRES & SECURITY ,^p a a. INSTALL PULL BOX — NO. 3-1/2, at De 00 c 0 v Dollars 5 EA $ /EA $ ;2 WO* t0 u y & Cents per EACH �0 3 a 9 b' CONNECT CONDUCTORS, at I rA a m w Dollars 750 EA $ /EA $.�Zs c z & Cents per EACH E L N C. R O PREPARE & SECURE Pall Boa with CONCRETE L N (per CITY Detail), at ��' 7J7 cJ00 rn Q w 250 EA $ /EA $ i w Dollars C & Cents per EACH N a' HAND HOLE COVERS for IC123 Pole, at OO o Dollars 20 EA $+te 0 BA $ &OO' N & Cents per EACH c v 0 e' TAMPER-PROOF 00 e SCREWS(Hex-Center/Pin), at Dollars 500 EA $_/EA $ & Cents per EACH E z u m Q B-6 $W 7.J.d S:F.b BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM a AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO N O w BID C ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PAICE TOTAL 4 NO, With UNIT PRICE Written In WORDS (ESTIMATED) FIGURES) FIGURES 0 4. FIXTURE INSTALLATION/REPLACEMENT to m a• POST TOP FIXTURE, at 15b'`" On Dollars 5 EA $ /EA $ 3 7S0' w & Cents per EACH b• COBRA HEAD, 70W,at20 to 0o Dollars 5 EA /EA $ I 000' �? & Cents per EACH �- e e. COBRA HEAD, 100W,at QD co Dollars S EA $3 •/gA $I�(°56• c _ 9 & Cents per EACH rn j J d• COBRA HEAD, 150W,at 350'0' j0 rJ�b.Do d Dollars 30 EA $ /PA s101500- & Cents per EACH ,n Q e. COBRA HEAD, 200w,at �0 1 7 S•�O Dollars 5 EA BA $ �- z & Cents per EACH c 0 £ COBRA BEAD, 250W,at °b 1 -, �• 00 E w Dollars 5 EA $�O /EA $ 1 o w & Cents per EACH v 3 g' COBRA HEAD, 40OW,at L.�.10 00 �« w Z Dollars 5 & Cents per EACH ,� N `'r o 5. LAMP, BALLAST, STARTER & PHOTO CELL ¢ p N a• REPLACE LAMP, 70W, at F rJ0 w of Dollars 5 EA $ /EA & Cents par EACH U b. REPLACE LAMP, 100% at �Qp'°0 °p V Dollars 5 EA $_/EA $ r & Cents per EACH c e• REPLACE LAMP, 150W, at lo•0D tP ° Dollars 30 EA $) /EA & Cents per EACH c v d• REPLACE LAMP, 200W, at 1 Zb '0 $ Dollars 5 EA $_/EA 0 & Cents per EACH Q B-7 0 i4b' BID SCHEDULE PLANS & SPECIAL PROVISIONS NO.12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM m AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO N `o BED ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written In WORDS 5fNfATED OURES FIGURES 2 5. LAMP, BALLAST, STARTER & PHOTO CELL (Continued) y e. REPLACE LAMP, 250W, at iZQ > Dollars 5 EA $_/EA $ & Cents per EACH w v f REPLACE LAMP, 400W, at Cr LP Dollars 5 EA $12,G /EA S `o m c & Cents per EACH . 8 B• REPLACE BALLAST, 70W, at /EA to ° Q Dollars 2 EA $3� $ 401• u m m '> & Cents per EACH E a h• � A ' W REPLACE BALLAST, , a Q Dollars 2 EA $ J $ d •`+ N & Cents per EACH : o' N L REPLACE BALLAST, 150W at. Dollars 10 EA $ /EA d J & Cents per EACH = z z � C7 ]• REPLACE BALLAST, 200W, atS �•Z 0• E rn Dollars 2 EA $_/EA $ E t- & Cents per EACH C 3 , REPLACE BALLAST 250W, at �� p0 k. Dollars 5 EA $+C6 /EA $ '/�� m z & Cents per EACH y m E v 1• REPLACE BALLAST, 400W, at 2 Oso.v0 v N Dollars 5 EA $_fi,'.1 D./EA & Cents per EACH Q y m• REPLACE FUSES, at � •Oa o! Dollars 40 EA $ /EA $ & Cants per EACH g n. RELOCATE FUSES, from Pull Box to Pole at Z0•coo owl N Dollars 50 EA S /EA $L 11 "Q/ & Cents per EACH o 0• REPLACE PHOTO CELL, at �D ob o Dollars 20 EA S�D /EA $ I ° & Cents per EACH rg E TOTAL BID: $ a B_8 U ' P�tlsPg `rays. 7.J.d 5.F.b BID NOTES: N The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts,"UNIT"prices shall govern over extended amounts,and"WORDS" shall govern over"UNIT"figures. d Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts,implements, w taxes and supplies necessary to compete the project,as based on the City Engineer's estimate of quantities of work. m The total price must be extended for each item of work and the total of all items inserted in the space provided. o Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. m° T Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino(CITY), O1 and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the w prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid, or the m existence or treatment of an irregularity in a bid,shall be final. `o m BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract w Documents. c 0 U A Time is of the essence in the completion of work encompassed by this bid. Contractor must commence work on co 5; street lighting repair within ten(10)calendar days after notification by the CITY. Contractor must pursue the work = 5 continuously after commencement of job to complete the entire work order. 40 working days me allowed for this en > J project. d N S � BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to y calculate total bid amount for comparison only,and that final compensation under the contract will be based upon the M actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase ,^0 or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay — z the contractor at the bid unit prices. d 0 E w The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to o w be performed. c 9 3 The contractor shall notify the CITY Inspection Division and provide a schedule for completion of the work at least to z 48 hours prior to commencing work. a0i N E The Lineal Feet length for conductors or conduit is for the total length of the material installed. o N Traffic Control: Cost of traffic control is assumed to be included in various bid prices, and no additional payment a y shall be made. The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as LU necessary to protect the public from danger due to all work being done. If lane closures are approved by the Project U Manager,the full width of the traveled way shall be open for use by public traffic from 4:00 p.m.to 8:30 a.m.,all day for Saturdays, Sundays,and designated legal holidays,after 3:00 p.m.on Fridays and the day preceding designated N legal holidays, and when construction operations are not actively in progress on working days. If the Contractor is N allowed to temporarily close a portion of the roadway, a minimum one lane for each direction of travel must be N maintained at all times unless otherwise approved by the Project Manager. All lanes must be opened up to traffic ° between 4:00 PM and 8:30 a.m., daily. The Contractor shall comply with the Manual on Uniform Traffic Control a Devices (MUTCD) and the California Supplement, Latest Editions, and all other applicable requirements and `* standards for traffic control. 0 E All other work items not specifically listed above, but necessary to complete the work per applicable standards, including traffic control are assumed to be included in the above various unit bid prices. a &9 P PacketPg. 9480 NEW BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the"Notice to Proceed", and shall be completed within 40 working days from P the date of said notice,as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary o bonds,all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the m City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, °n T LICENSE EXPIRATION FEDERAL TAX ID m NO..,gUq 123 CLASSIFICATION(S):IF C-4 0_ DATE: 1� U`f# t-I 5 -�J-Ir5 b L[-+ W ro FIRM NAME: HPW W-e5± yt a (T_nc c BUSINESS ADDRESS: 140 55 Fbo -VNI E 0 a 0 R BUSINESS PHONE ct-q:�66-IZ35FAX:gN. (oI7oI CELL:qSI-D 50°2A LD1 Ys �ra J If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners 4 N composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof: y DYr LLi 1Ol Is Bidder currently acertified DBE? Yes ❑ No YI Leg J1 Status of Firm z c z NAMES ADDRESS(ES) E in (t`nrt`a1in��31/Jrr6( ' S2CC2t m 3 --fir w U..yt 1.l�Y�a(1.�" �YfQS 2 Z L N u SIGNATURE OF BIDDER Dated: 20 a a O N Lu K V BIDDER'S INITIALED ACKNO NT OF ADDENDUM& N O ADDENDUM NO. 1 DATE: I2 N N O ADDENDUM NO.2 DATE: "I 12 ° e ADDENDUM NO.3 DATE: m E ADDENDUM NO.4 DATE: C-1 t P��It �gi`'C461'' t D1 SPECIAL NOTICE d 0 m 0 0 The bidder's attention is directed to the section entitled, "Required Listing of Proposed c Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of W Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of 2000 one percent of the total bid or$10,000.00,whichever is greater. c In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a 0 notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working = days after the time of the bid opening and send copies of the notice to the subcontractors involved. o > J � N The bidder shall provide the actual dollar"Sub-Contract Amount'' as submitted by each listed y sub-contractor, keeping in mind that the prime contractor for this project is required to provide or a perform, with his own organization, contract work amounting to at least 50% of the total contract v a bid price. Material required for any of the contract work of this project that is purchased directly by z the prime contractor is considered as included in the prime contractor's 50% requirement. If E V5 material purchased directly by the prime contractor is to be used by a listed sub-contractor in o w performing contract work, the dollar amount of such purchased material should not be included in o g the dollar amount listed for said sub-contractor. m W Z The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard t N Specifications: N a o If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work W required with its own forces, the Bid will be considered non-responsive and rejected with no further v consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is E performing work amounting to less than 50% of the Contracted amount, except for "Specialty b Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar N amount of the portion found to be subcontracted by the Contractor,resulting in less than 50% of the o amount of work required to be performed by the Contractor, shall be deducted from payment to the a Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract s Change Orders that increase subcontract items of work. a C-2 a 1482; Il(ew LA-)e-S- - &cAnnx ,lam BIDDER'S FIRM N N S DESIGNATION OF SUB-CONTRACTORS 2M PLANS & SPECIAL PROVISIONS NO. 12853 In compliance with the provisions of Section 4100-4114 of the public Contract Code of the State of California and any w w amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or tabor or m render service to the Contractor. o Name&Address Agency&No.of 0 Under Which MBE/WBE CERT, Sub-Contractor's Sub.Contmct Contractor's License# w Licensed (if Applicable) Phone-No. Amount Work to Be Performed: c w c v is a 0 U m m > 2 c v $ r A rA > J N O) M Q 3. $ Q z c t7 � y F U) D ?r, 4. $ m 3 w c Z m m E L N u m o � N 5. Q O $ N W K U U N O 6. $ O a O v c m E IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK z Q C-3 "0A Iaasa WORKERS' COMPENSATION INSURANCE CERTIFICATION J d d N O M I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be o 0 insured against liability for workers' compensation or to undertake self-insurance in accordance with U) 0 v provisions of that code, and I will comply with such provisions before commencing the performance w` of the work of this contract. 0 a 0 U m e > Contractor: rn j J NAME OF FIRM: W 61— o N BY: M a m J a z TITLE: d DATE: 5 1 Z 0 W 3: W 4; W c z E ,C N_ u LR � O N W R' U U N O N N O V O V C d E L u C4 a 44 1 84 11 1 P 7.J. ST b (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) N t NON-COLLUSION AFFIDAVIT d To the Division of Public Works,Department of Development Services,City of San Bernardino, State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: c That he or she is of the party making the foregoing bid,that the bid is not made in the interest of, or on behalf y of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other m bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived, or agreed w with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;communication, or conference with anyone to fix any overhead, profit, or cost element of the bid price,or of that of any other o .� bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the m proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; a that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, $ submitted his or her bid price or any breakdown thereof,or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. .. N � d N Asof 11.61...1der E w r1b1k,-1- c 3 Pr and TAle 'm w 4i z E E v' 14055 ot�th �,1Jd. ,�os\� , UM x2335 x N Business Address ¢ O N 4,1oS l>l.23t� Zsk 11,lrt v d ( 1� °� 1-1 B Li X Place o Reside—'nce L) Subscribed and sworn to(or affirmed)before me this 15AA& day of M Gl.l`C ,20 12 N 0 the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. N (n� O Signed otary P is in.an�for the County of c�YiT CY1C[rr iV�b State ofCalifomia. yyrypy mm d Cgmnluloo 01001911 E My Commission expires on ,�1LY1t? Z5 , z,o 90"FUMlo Cnldomlo v Year SM kmordloo County CO M- 46.2014~ ¢ C-5 f 3PacKeP M486; COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM y CONTRACTOR'S CERTIFICATION t CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS d TO (Appropriate Recipient) DATE: 3 in PROJECT NO. (If any): C/0 m c 0 PROJECT NAME: �epo-a Y' (Zc(� tice-�U(� S 3FYt Lig �►�}ebr�s y r ra d 1. The undersigned, having executed a contract with w for the construction of the abov identified project, acknowledges that: 0 m (a) The Labor Standards provisions are included in the aforesaid contract. E E v (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his o a subcontractors and any lower tier subcontractors,is his responsibility. U c � w � L �e CII > 2. He certifies that: N N (a) Neither he nor any fine,corporation,partnership or association in which he has substantial in interest is designated as an ineligible contractor by the Comptroller General of the United States G pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29 CPR, Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended (40 U.S.C.276a-2(a). i c O (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor E y if such subcontractor or any firm,corporation,partnership or association in which such y subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any o0 3 of the aforementioned regulatory or statutory provisions. ;0 3 m w c Z 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, E 42 including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification m c Concerning Labor Standards and Prevailing Wage Requirements"executed by the subcontractors. Q N O rn w 4. He Certifies that: � U U (a) The legal name and the business address of the undersigned are: 2 N N (b) The undersigned is: 4 (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF c (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) E L v m x a C-6 Page 1 of 1 4. (cont.) w (c) The name,title and address of the owner,partners or officers of the undersigned are: p rn J d NAME TITLE ADDRESS in rd 6 w h N Up l O-y c( , G4q g n g q 0 3 O N T rn m W u d O C ` m (d) The names,addresses and the nature of the interest of all other persons,both natural and corporate, having a u m substantial interest in the undersigned are (if none, so state): c > :5 NAME ADDRESS NATURE OF INTEREST m > J •• « N m N n Q Va J Q z c O m m E to o W (e) The names,addresses and trade classifications of all other building construction contractors v � in which the undersigned has a substantial interest are (If none, so state): in w e z NAME ADDRESS TRADE CLASSIFICATION E n E N u c O N W Ir Q Q N O N N O nG . o Y�616 DATE: J I I /7 B £WARNING U S.Criminal Code,Section 1010,lisle 18,U.S.C,provides In parr: 9Roever.......mka, pone, ad any smtemen, knowing Q the same to be false.............shall be Jlned not more tkan $5,000 or Imprisoned not more tkan two(1)years, or bosh. C-7 CONTRACTOR'S CERTIFICATION OF COMPLIANCE t WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS v v N I, Ch 6 S b an th as Prime Contractor for w N Project Name: kote, MAe' Oj� -" `S ee L+g4ati�. -�S+ e.evt n4 Uat i m -s N ^ `an S o N Plans & Special Provisions No: 1 ,2 ,53 a rn `m c hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and u Related Acts Requirements: c '- m 1)By entering into this Contract,I certify that I acknowledge that the above referenced project A v is federally funded and I am solely responsible for complying with Davis-Bacon and u G Related Acts Requirements; and, L' rn 3 c :o 2) The Prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable N to their work classifications, as specified by the current and applicable Federal Wage N Determination. If no Federal.work classification appears to apply, the Prime Contractor rn shall make written request to the CITY to obtain applicable work classifications and wage ; a rates prior to the start of construction. When the same classification appears in both the e Federal and State Wage Determinations, the higher wage must be paid for that z classification. The Prime Contractor is responsible for ensuring Subcontractor compliance d N with Davis-Bacon and Related Acts Requirements. Cn N 0 O W O IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS as w ARE AS FOLLOWS: C Z a � l��Yfr.7\ Ill V1 C7 Wt�tG(tA� q N President a o N W Q' Vice-President v Secretary/Treasurer �— N r &Oewneror r ° e 0 v Title President) 3 65121312 E U Date z a C-8 pali®f leg 14§S T J {yam„ CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY s J PROJECT TITLE: Q•eolacemfkd-4- 4(-aoZ4 Q:F +bcSiw• " U�jkA-i� N SCSI�vt�1 Ct V0.ri OW5 O ._6l1$ w INSTRUCTIONS N C This certification is required pursuant to Executive Order 11146(30 F.R. 12319-25). The implementing rules and regulations °- provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid c or negotiations of the contract whether it has(they have)participated in any previous contract or subcontract subject to the equal to opportunity clause;and,if so,whether it has(they have)filed all compliance reports due under applicable instructions. v Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,such bidder s shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded > unless such report is submitted. c a, c Q CERTIFICATION BY BIDDER ci rn > Bidder's Name: t\1tJkJ W251 �31 AYE 0. e MCI m J •• Address and Zip Code: 14 )55 1. Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). a z YES pf NO ❑ E m U) 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. o w o ; YES NO (Ifansweris YES, ident�the most recent contract,) ° 3 u as w c z m a � (If answer is no, contractor may be required to submit an EEO-1 survey or other reports to the Equal Employment t N Opportunity Commission. Contact the EEOC at 800-669-4000 or inquire online at hrr p://www.eeougov/eeolsurvey/indexhim. N a O 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting w Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission. s YES ❑ NO ❑ NONE REQUIRED 0 N CERTIFICATION—The information above is true and complete to the best of my knowledge and belief, o a 0 Title oSn Please Type) IS' !d- — a E ure Date u m sap era .,Pat l(ol,P#s1489 7.J.d 5.F.b FORM OF BID BOND w KNOW ALL MBN BY THESE PRESENTS, that we,the undersigned, t -- rn J New West Signal, Inc. as Principal,and m v Developers Surety and Indemnity Company as Surety,are hereby and firmly Found unto the City of San Bernardino — State of California, hereinafter referred to as"Obligee'm the penal stun of 0 ten percent 1t 0% ) of We total amount of the bid of the Principal submitted to the Obligee for the work described below,for M the payment of which sum we hereby jointly and severally bind ourselves,am heirs,executors,administrators, successors and o 8a51gria. j O a) THE CONDITION OF THIS OBLIGATION 1S SUCH, THAT: >, m WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made apart hereof to enter into a c contract in writing,for the Repair, Replacement and Upgrade Street Lighting Systems at Various Locations w i o � u c A m (Copy here the exact title description of work tncfading location as it appears on fM proposal) : Q 0 v for which bids are to be opened on March 15,2012 rn .5 (Invert date of opening) t m NOW, THEREFORE, m N a If said Bid shall be rejected,or in the alternate, rn b. If said Bid shall be accepted and the Principal shall execute a contract m in the Form of contract attached hereto(properly completed in accordance with said Bid) Q and shall famish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, — Q z c L7 then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed E y that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as U)herein stated 00 ul D to The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way m to impaired or affected by any extension of fire time within which the Obligee may accept such Bid;and said Surety does hereby c Z waive notice of any such extension. w N E L N Signed, this 14th day of March , 2012 x N Q O IN WITNESS WHEREOF, the Principal and the Surety have hereunto set thew hands and seals, and such of them as are rn corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the M day and year fast mentioned. cy U w West i I Inc (SEAL) Developers Surety and Indemnity Company(SEAL) N r fl1 Surety N N By: L1,dh1o•B SMOK o ti 8a Signahae o Y 1 { I`S• Laurie B.Druck, Attorney-in-Fact Pr ed Name and 4}tle Printed Name and 7711e E NOTB:No s AMAn4il and Surety sigmulares and Power of Attorney of the Surety shall accompany this form. m t; C-10 P Packet Pg. 1490 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ss, County of San Bernardino rn I J On March 14. 2012 before me, Cynthia J. Young, Notary Public d Name and Title of Officer(e.g.,"Jane Doe,Notary Public) i N Personally appeared Laurie B. Druck 15 0 Name(s)of Signer(s) . C �C�AUSSVRaro "' who proved to me on the basis of satisfactory evidence 0- YNTHIAJ.YOUNG to be the person whose name is subscribed to the —' COMM.tt 1806614 z within instrument and acknowledged to me that she n NOTARY PUsUC-CALIFORNIA z 3ANaE11NARDINOCOUNTY executed the same in her authorized rapacity, My Comm. RNARDJuly t LINTY and that by her signature on the instrument the m awnaaaauauulaurt person,or the entity upon behalf of which the person w acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c 0 WITNESS my hand and official seal. 0 /f v (70-1-0 or Notary PU f b CO OPTIONAL r Though the Information below is not required by law,It may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Z Z Description of Attached Document E rn F u rn Title or Type of Document: 0 LU Document Date: Number of Pages: a 3 Signer(s) Other Than Named Above: 00 w c Z n Capaclty(ies)Claimed by Signer(s) = N v 'o Signer's Name: a o N ❑ individual w ❑ Corporate Officer � Title ❑ Partner -- ❑ Limited ❑ General Top of(hwnb hero N • Attorney-in-Fact o • Trustee N N ❑ Guardian or Conservator ° Other: o e c a Signer is Representing: E 0 ro pac"ketP� '1497 7.J.d POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623(949)2633300 = rn KNOW ALL BY THESE PRESENTS hot except as expressly lknhed,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each J hereby make,mnsMSle and appoint: v *'*Cynthia J.Young,Jay P.Freemen,Laurie 6.Druck,Pamela McCarthy,jointly or severally'" m N `0 as their We and I.M.1 Ahmey(s)-in-Fact,to make.execute,deliver and acknowledge,for and on behalf of seed corporations,as surefies,bonds,undertakings and contracts of surety. w step ging and granting unto said knorney(sIn-Fact run power and authority to do and to perform every ad necessary,requisile or paper to be dome an connection therewith as each of e said coporalions could do,but observing to each of said uapu ubm s full power of substitu5on and ancestor and all of the acts of saedAtlomey(s)-in-Fact,pursuant b these presents, 2 are hereby retired and confirmed, j 0 This Power ofAterney is gabled and ssigned by facsimile undx and by auhoriy of the following reselutior9 adopted by the respective Boards of Directors of DEVELOPERS SURETY N AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as el January 1st,2000. >• m RESOLVED,that a combnafian of any two of the Chairman of the Board,the President,Executive Vice-Pre dent.Senior Vure-Prendent a any Vice Presiders of the d c corporations be,and that each d them hereby is,authorized to execute this Power of Attorney,qualiFymg to ahomey(a)mmmed in the Prover d Attorney la execute,m behalf of the W corporations.bonds,undedakeirs and contracts of suretyship;and that tee Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby h.auffir d U to a6esl the execution of any such Power of Aver O re RESOLVED,FURTHER.Wllhe signatures of such ol(mers may be affixed to any such Power c A6vney Or to any curnificate relating lhereb by facsimile,and any such 0 Power of Attorney or cedfiwte bearing such facaimhe slgnaNres shah be valid and binding upon the cemporagons when an affixed and to tee future with respect to any bond,undertaking so .U. or contract of suretyship In Mich it a ahached. � Q O W WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by U R their respective oMeers and arrested by Neer respective Secretary or Assistant Secretary this January 1sL 2006. > a By:!�--+ /�— o bynrib >;�N�a tAPANY J .. Oared Young,VicaRresidenl iaypfORPOegj�Fb':, G� PPOHO Py N VT% �R�(..��// OCT Yom. i= OCT.S Ois B Y Stephen T.Pate,Senior Vice Preskeit o�% 1036 jhbtE 0 1967 A N yi C4(IFOPN\P a\ r a pry0 V, rD J County fOrama w„w . v1, * Q County of Orange Z On January37 2911 -buffer Antonio ANared0.Notary Pubic N y Dab _ '-- Here Insert Name and Title d the Officer E N personalty appeared Dardd Young and Stephen L Pale 0 W Names)of Sgnegs) L m W who prove d to me on the basis of satisfactory evidence to be the persems)whose mmni ismus subscribed to Z the within instrument and acknowledged to me lhat helshei executed Pe series in heslhedlheir authorized! ru N 7r capacery(¢s),and that by hesoherMeir sgnaMe(s)no the Instrument the personnel,or the entry upon behalf of E ANTONIO ALVAHAOD 11 o wd ch e pemon(s)aded,eeanea the Instrument. t N COMM.018606 .1 A o NOTAR9 PUBLIO CALIFORNIA Iusaly under PENALTY OF PERJURY under the laws d the Slate d Cations that the >r N ORANGE COUNTY e We and correct. n8 paragraph is Q 0 ' My COMM.oplree Aug.9,2013 ( W WITNESS my hand and oBeial seal, IY L) Place Notary Seal AtIve Sgnatwe L) Antonio Alvarado.Notary Public 2 N CERTIFICATE o N The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby rep cedify thd the fib egolog Power Of Alton”remains in full face and has not been revoked and.furthermore,that the provisions of the resoMtian of the respective Boards of D'ueclum of sald corporations sot forth N the Power dAhmnay are In ponce as of the date of this CerOkale�,__II,, o This Ceo9ticam is executed In the City of Irvine,California,this Pf4h day op��I(.i or or /\/ �� / E BY: 4000.�(c 7/y � regm Secretary � 10-1380(Rey,01111) Q P PacketPg. 1492 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT YY<.;n�, �:. c^�`-c^�crc�':c<,.^.�.i>-lrc�zc.-.rrv�c.�:rcrcr.6rGCAr:�.-�.trc�l�t3ZY•.i3Cti°f'sXtC•C.Br>�rr:cKc'rsi�y- rn State of Calfomla 1 County of 5CL-0 F32!'\'1C1, A i no }as. � o CO (, On 03 1�� 1 ,Z belore me,CAI (-�'IC kYY\CA h�ll'�"�- ��nI .". ' wnBaces lan.•amaw ow PtMe) b personally appeared r° h T r ❑personally known to me <<4. Aproved to me on the basis of satisfactory a c '. evidence W t � i rCS to be the person whose narreoli/�.re �? subscribed to th wi Instrument and fi ENDY NICKMAN acknowledged to me heAhey executed LO the same is er heir Nthonzed CemmlUlOa•1881311 0 capaolty(ye�), and that by I sl ffeil�ek-- V re Notary tna -California signature( on the Instrument the person or > Bm Bernndino County the eniKyrupon behalf of which the person(o 5 M Comm.px Irea Jun Z6 2014 acted,executed the Instrument. 5;1. ¢h 3 J r; WITNESS my ,hand and official seal. hloglaMay Pah r N V t�D J OPTIONAL " z Though Me h1bona6'on below Is not reVtedby low,d mayprom mWobte to pens rWna m Me dacumen(aMwuMpawent c U' rraudWmlremovalaM reanachmenrWMLa lam to erwdrer documml. d y Description of Attached Document w 03 Title or Type of Document:B1 d bDt , m 3 1 Document Date- 1 F-i I i off• Number of Rages: C Z �; 5 d to Signer(s)Other Than Named Above: = N wo N Capaclty(les)Claimed by Signer a Signer's Name: - W K ❑ Individual 11 r0�a"'"nb^°B rUj ()Corporate Officer—Titie(s):?(¢SI ❑ Partner—❑Limited ❑General N 0 Attorney-in-Fact N ❑ Trustee '' N ❑ Guardian or Conservator ❑ Other: c Signerls Representing' tAt±i w-es1SIGi•%OA1 Itlel , a BI%BNNVWNgvr/.Magm•0Poec8eb M'0-PA aw Y102•GUM1wMM1CA 01J1}2<03 wx.NetianaWauryary P, NO.597 P-W- CtlIEeaGBIdOPp!!M '�' P Packet Pg. 1493 FB.B NO. . - �, ACCT NO. 119400-5502-2019.0092 ti z m CITY OF SAN BERNARDINO J v a, STATE OF CALIFORNIA N 0 m c BID AND CONTRACT DOCUMENTS 0 PLANS AND SPECIAL PROVISIONS NO. 12853 FOR = w U at REPAIR, REPLACEMENT AND UPGRADE OF THE rn STREET LIGHTING SYSTEM J a d AT VARIOUS LOCATIONS y IN THE CITY OF SAN BERNARDINO v_ (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) M N � � a J a a m z _ J ~ Quo E•s �, 3 Po.549310 Q t} mpv .� w N C1 V l%l N Of CAU4�A �!? 0 C N a w E DEPARTMENT OF PUBLIC WORKS a CITY OF SAN BERNARDINO c N N FEBRUARY 2012 0 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. v ON MARCH 15 2012 x a kj DESCRIPTION OF THE COMPONENTS OF THESE o PLANS AND SPECIAL PROVISIONS J d d w The"BID and CONTRACT DOCUMENTS" for this project consists of five(5)parts as follows: N 0 0 PART I — Administration o U) O T PART II — Special Provisions-General Instructions To Bidders O d Technical Instructions u W` U j PART III — Special Provisions - Federal Standard Provisions& Conditions r rn ,. APPENDIX - City Standards d Manufacturer Information H > Apprenticeship&Recycle Standards M m r, > e .. CONTRACT AGREEMENT m -- N „� The above 5 parts are bound together in one (1) manual titled a "BID AND CONTRACT DOCUMENTS" z z L N m U) J N d W C W OW Z U N � N m o 6 N N U) Zi C N W E E W t U u U � g a N 0 N N O V O V PLANS&SPECIAL PROVISIONS NO.12853 a REPAIR,REPLACEMENT AND UPGRADE E OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS 10 IN THE CITY OF SAN BERNARDINO Contents for Bid and Contract Docuwnts.doc Q i7l�WWWRJ 7.J.d 5.F.c TABLE OF CONTENTS PART I t ADMINISTRATION J O1 d d NOTICE INVITING SEALED BIDS A-1 w 0 INSTRUCTIONS TO BIDDERS IB-1 "c 0 BID DOCUMENTS ' 0 ` N BID FOR UNIT PRICE CONTRACT B-I SCOPE OF WORK B-3 " BID FORM B-4 000 w BID SCBEDULE B-5 m BIDDER'S INFORMATION AND SIGNATURE c & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 ` SPECIAL NOTICE C-2 -' a DESIGNATION OF SUBCONTRACTORS C-3 E m WORKERS'COMPENSATION INSURANCE CERTIFICATION C-4 in '- 'v NON COLLUSION AFFIDAVIT C-5 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS m AND PREVAILING WAGE REQUIREMENTS C-6 m CONTRACTOR'S CERTIFICATION OF COMPLIANCE N WITR DAVIS-BACON AND RELATED ACTS C-8 a CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY C-9 •: a FORM OF BID BOND C-10 d Z MBE/WBE INFORMATION - GOOD FAITH EFFORTS y REFERENCES J N MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION w CONSTRUCTION CONTACT PROVISIONS w FOR FEDERALLY FUNDED PROJECTS CP-1 Z CONFLICT OF INIEREST Cl- 1 N DOCUME TTLIST DL 1 g COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) y CONTACT PROVISIONS Page 1-11 e w E PART II SPECIAL PROVISIONS a N 0 INSTRUCTIONS TO BIDDERS N ° a SECTION 1 - SPECIFICATIONS AND PLANS SP-1 ° SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 v SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 v SECTION 4 - CONSTRUCIIONDOCUMENTATION,COMMENCEMENTOFWORK s TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 m SECTION 5 - LEGAL REQUIREMENTS SP-15 a SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 P Packet Pg. 9496 7.J.d 9 SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-41 r SECTION 10 - MOBILI7ATION SP-45 SECTION 1 I - CLEARING&GRUBBING,UNCLASSIFIED EXCAVATION& d UNCLASSIFIED FILL SP-47 SECTION 12 THROUGH SECTION 20 BLANK SP-50 y SECITON21 - STREETLIGHTING SP-51 SEMON22 THROUGH SECHON49 BLANK SP-54 0 SECTION 50 - REMOVAL&REST ORATION OF EXISTING IMPROVE EN S EXCEPT STREET PAVEMENT SP-55 w° O T PART III SPECIAL PROVISIONS rn �. FEDERAL LABOR STANDARDS PROVISIONS (HUD-4010) t c SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT :3 '¢ m FEDERAL MINIMUM WAGES t (Applicable 10 Business Days prior to the Date of Bid Opening rn To be inserted into Contract before Award and Execution of the Contract) .r... N N M m H r APPENDIX N it a N J CITY STANDARDS a a z 5 �? MANUFACTURER INFORMATION rn N J y STATE OF CALIFORNIA,DEPARTMENT OF INDUSTRIAL RELATIONS 3 uj & FEDERAL CODE OF REGULATIONS 3 APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION c w z STATE OF CALIFORNIA,DEPARTMENT OF TOXIC SUBSTANCE CONTROL tOq CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION N &FEDERAL ENVIRONMENTAL PROTECTION AGENCY(EPA)REQUIREMENTS ra $ O c W � w E t U CONTRACT AGREEMENT a N 0 N N O V O V C E E r v m N t Ol J d d Utll O N C O PART I o LU O T OI � N C ADMINISTRATION = d J a d d ai > N N M Oi N r N ..,. N Q d Z O: (7 t y J N y W 3 N ?W W _ Z w �C u �n SE N u m CL N N N O c W t U � U Q N O N N O O O V C u E r u m Paeket Pg. 1488 7.J.d 5.F.c N NOTICE INVITING SEALED BIDS m J 0 d CITY OF SAN BERNARDINO Owner N C O NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: 0 Cn REPAIR, REPLACEMENT AND UPGRADE 2 OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO m (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) a a, in accordance with Plans and Special Provision No. 12853 in file in the Office of the City Engineer, n a Third Floor, San Bernardino City Hall. .r. N Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, N n 300 N. "D" Street, San Bernardino, CA 92418, upon a non-refundable payment of 1$ 5.00 for each N set if picked up in person. Upon request the Plans and Special Provisions may be mailed for an additional charge of$10.00 per set. a a d z rr � Electronic copy of the above documents are available upon request by contacting the City m F Engineer's Office and by providing a firm name, physical address, contact person, phone number w and fax number for inclusion on the CITY's List of Plan Holders. It shall be the responsibility of y those receiving electronic versions of the Plans and Special Provisions to provide the above listed c w information and confirmation of receipt of any issued addendum to the City Engineer's Office a % N minimum of one (1)business day prior to the scheduled day of the Bid Opening. Only those listed :2 N on the CITY's"LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum a N shall be eligible to submit bids for this project. `n 0 w a a Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and z "SEALED BED"clearly marked on the outside of the envelope a o N N Said bids will be received up to the hour of 10:00 a.m., on, Thursday, March 15, 2012,at which a time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room,Third Floor,City Hall. c d E s v m A-t a P Packet Pg. 1499 . 7.J.d 5F N The Contractor shall possess a Class "A" License or C-10 Electrical Specialty License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. d rn All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid ° bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. o Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract it awarded to him. In the event the bidder refuses to execute said contract,the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, r it would be extremely difficult and impractical to fix said amount of damages. Therefore,the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition cc v above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a 5 a rating in Best's most recent Insurance Guide of"A"or better. Bonds must be issued by a surety who d is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue n bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the N Power of Attorney of the signing Surety shall accompany this form. m N The Contractor may substitute securities for any monies withheld by the Agency to ensure '� a performance under the contract as provided for in Section 10263 and Section 22300 of the California a a Public Contract Code. W 0 L N 01 r A Non-mandatory Pre-Bid Meeting will be held on Thursday, March 1, 2012,at 10;00 a.m., d w in the office of the City Engineer, Public Works Division of Development Services, Third Floor, 3 City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide o w information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material N supply opportunities, and to make the prime Contractor aware of the CITY's outreach progra as it :2 m N relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but N N the prime may certify that they are familiar with the program and attendance is not required. o Attendance and/or certification may be used as part of the good faith effort. E t U Certified minority (MBE/WBF.) subcontractors and material suppliers for the San Bernardino area a N located in Caltmns District 8 are listed on the California Unified Certification Program (UCP) DBE o Directory and can be obtained by accessing the directory on the California Department of N Transportation DBE website at hitp://www.dot.ea.gov/hq/bep/index 9 0 a This project is subject to the requirements of the United States Department of Housing and Urban Development. The Federal Labor Standards are provided in Part III of the Plans and Special Provisions for this project. A-2 a P PacketPg. 7500 7"'A S.F.c Pursuant to law,the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part m thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or work classification required in the execution of contracts under jurisdiction of said N Mayor and Common Council. ° 0 Bidders are advised that this project is funded with Community Development Block Grant Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be 6 enforced. The prime contractor and all subcontractors are required to pay their laborers and r mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime (0) d Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage,will be enforced for all work under = v this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) ; apply to this project y 9 m n > Prevailing rates of wages for the State of California shall conform to Section 1773 of the California N Labor Code. The general prevailing wage rates in the county in which the work is to be done have N n been determined by the Director of the California Department of Industrial Relations. "These wages N are available from the California Department of Industrial Relations' Internet web site at # a ht tp✓/www.dir.ca.gov/dirdatabases.himl. General prevailing wage rates, in effect ten (10) days a a prior to the actual Bid Opening,which have been predetermined and are on file with the California W' 0 Department of Industrial Relations are referenced and made a part thereof. m J U) m W The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at N 3. httpr//www.access.gpo.gov/davisbacon/indexhinil. General Decision prevailing wage rates for the c W County of San Bernardino,State of California in effect ten(10)days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10)days prior to the Bid Opening :� A shall be physically inserted into the Contract Documents prior to contract execution by the CITY y N and the Contractor. N w w E It shall be mandatory upon the Contractor to whom the contract is awarded and upon any = u subcontractor under him to pay not less than specified rates to all laborers, workers, and mechanics a N employed by them in the execution of the contract,and to prevent discrimination in the employment o of persons because of race, creed, color, or national origin, as set forth in the provisions of N Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. v 0 v This project is subject to federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of the Special Provisions. E U A a A-3 P Packet Pg. 1501 6 5.Fx 7.J.d This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at hitp.11 www.dincagov/DASIPablieWorksForms.him. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA)and v listed on the DOLOA website at http.1loadoletagov/. N 0 The City of San Bernardino (CITY)reserves the right to waive any informalities or inconsequential `o deviations from contract specifications,or to reject any and all bids. 0 w No bidder may withdraw his bid within 60 calendar days from the date of bid opening. The CITY u rn reserves the right to take all bids under advisement for a period of 90 calendar days 0 w U a' If there are any questions regarding this project, please contact the City Engineer's Office, in m writing,as follows: s E rn m J Q City Engineer's Office San Bernardino City Hall n 300 North"D" Street, 3`s Floor San Bernardino, CA 92418-0001 N SUBJECT: REPAIR,REPLACEMENT AND UPGRADE n OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO # a Attention: Tony Frossard, Tel: (909) 384-5020; Fax: (909) 384-5059 a a E-mail: Frossard_to @sbcity.org (with"Subject: Repair St.Lighting System") Ir a t y 7, r Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions most d w be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, ` 3 submitted after the bid opening,will not be treated as a bid protest. o z w q � Written responses will only be provided to written questions. No written response will be provided to verbal questions. a N 0 co CIITT/Y�OF SAN BERNARDINO E RACHEL G.CLARK a City Clerk i [/ A N J 0 NOTICE TO ADVERTISE: SPECIFICATION NO. 12853 ` v SHALL APPEAR IN FIRST ISSUE NOT LATER THAN m DATE: 2/16/12 and 2122/12 E (FIVE DAYS aRTATUN FIRST & SECOND PUBLICATION) tj A A-4 a P Packet Pg. 1502 7.J.d N L s J d d fn O N INSTRUCTIONS TO BIDDERS 0 � N O T `m a G c w o v U � G N - G L � Ol r J Q d d tE v m m .. N N M Q� N r N •q J a a w z � c7 L U7 O r J N d W 3 c c w w 'o z m w u N N U d o O. N N 0 c N y W E t U U Q N O N N O V O V C d E L U W Q Packet Pg. 1503 INSTRUCTIONS TO BIDDERS (See also PART II of These Special Provisions) H L m J 1. Receipt and Opening of Bids d W The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by `o the CITY at the Office of the City Engineer, 3rd Floor of City Hall until 10:00 A.M. THURSDAY, MARCH 15 2012 and then publicly opened and read aloud in the City Engineer's Conference -c r Room, P Floor City Hall. u � � m W c All bids shall be delivered to the City Engineer's Office,Third Floor, City Hall, 300 North "D" Street, ci ; San Bernardino, California,with the bidder's name and address,the specification title and number and c M" "SEALED BID"clearly marked on the outside of the envelope for the following project: rn J Q d PLANS & SPECIAL PROVISIONS NO. 12853 H REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM e > AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) M N � a The CITY may consider informal any bid not prepared and submitted in accordance with the a a provisions hereof and may waive any informalities or reject any and all bids. Any bids may be 25 T withdrawn prior to the above scheduled time for the opening of bids or authorized postponement o, w thereof. Any bid received after the time and date specified shall not be considered. No bidder may i w IS withdraw a bid within 60 calendar days after the actual date of opening thereof. 3 fJ 3: O W 2. Preparation of Bid Z U N C N Each bid must be submitted on the prescribed bid document forms and accompanied by the required N bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in N ink or typewritten, with unit prices both in words and figures, and all contract documents must be E lu fidly completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his a N address,and the name of the project for which the bid is submitted. If forwarded by mail, the sealed o envelope containing the bid must be enclosed in another envelope addressed as specified in the bid o form and mailed in sufficient time to reach the City Engineer's Office, 3`d Floor of City Hall prior to a the day and hour of the scheduled Bid Opening. E I13-1 A a r{ac1Ca#Pg.,1564. 3. Subcontracts N The bidder is specifically advised that for any person, firm, or other party,to whom it is proposed to m award a subcontract under this contract,the following applies: v d a. Must be acceptable to the CITY, and; W `o N b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR co REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the S proposed subcontract award cannot be given by the CITY unless and until the c (n proposed subcontractor has submitted the Certification and/or other evidence d showing that it has fully complied with any reporting requirement to which it is or o w` was subject. > c to Although the bidder is not required to attach such Certifications by proposed subcontractors to his m d bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. ; f%1 9 M m 4. Withdrawal of Bids > N M N A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered N to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting ak a Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. .n a The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing 90; z there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of rn F the bidder's bid guarantee. w N 5. Qualifications of Bidder o z The CITY may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data N for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the c N evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is E properly qualified to carry out the obligations of the contract and to complete the work contemplated 00 therein. Conditional bids will not be accepted. a N 0 N N O V O V G d IB-2 e L U A Q �' 7.J.d 6. Bid Security Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond rn prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. 0 Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three N days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has `o been made within 90 days after the date of the opening of bids, upon demand of the bidder at any c time thereafter,so long as he has not been notified of the acceptance of his bid. V N O T 7. Liouidated Damages for Failure to Enter Into Contract w Um The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds CO required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the rn E. CITY,as liquidated damages for such failure or refusal,the security deposited with his bid. a d 8. Time of Completion and Liquidated Damages N a R Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the CITY and to fully complete the project within 40 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive N calendar day thereafter as hereinafter provided in the General Conditions. m z 9. Conditions of Work �? m w Each bidder must inform himself fully of the conditions relative to the construction of the project d 3 and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his y ; obligation to famish all material and labor necessary to carry out the provisions of this contract. `o z Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. o a N N 10. Obligation of Bidder U) d w E X At the time of the opening of bids, each bidder will be presumed to have inspected the site and to S have read and to be thoroughly familiar with the Plans and Contract Documents (including all ¢ N addendums). The failure or omission of any bidder to examine any form; instrument or document N shall in no way relieve any bidder from any obligation in respect of his bid. o v 0 v c a E S O 83-3 R a facttet g; SQs 7.J.d S.F.d 11. Addenda and Interpretations N No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to J the City Engineer, City Hall, 300 North °D° Street, P Floor, San Bernardino, California, 92418- m 0001; and to be given consideration, must be received at least six(6)working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by `o certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of o r bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such t; O1 bidder from any obligation under his bid as submitted. All addenda so issued shall become part of c W the contract documents. u ; 12. Security for Faithful Performance rn J Q d Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond E or bonds as security for faithful performance of this contract and for the payment of all persons M performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contracf1, in PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly N authorized surety company satisfactory to the CITY. # a •� J a 13. Power of Attorney rc 0 r y Attorneys-in-fact who sign bid bonds or payment and performance contract bonds must file with d w each bond a certified and effectively dated copy of their power of attorney. N ?J c W 14. Notice of Special Conditions N ! N U Attention is particularly called to those parts of PART I, PART II and PART BI of the SPECIAL w PROVISIONS which deal with the following: 4i co (a) Inspection and testing of materials E s (b) Insurance requirements v (c) Wage rates a N (d) Stated allowances R N O V O V C d IB-4 e t v A a � dER+d 4 p Am] 7.J.d 5.F.c 15. Laws and Regulations N The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, m and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. y `o w N 16. Community Development Block Grant Funds o .2 0 Bidders are advised that this project is funded with Community Development Block Grant Funds. o a The requirements of the Davis-Bacon Act will apply to this project and those requirements will be 5 d enforced. The prime contractor and all subcontractors are required to pay their laborers and o W` mechanics employed under this Contract, a wage not less than minimum wage classification, as m specified in both the Federal and State Wage Decision when the Contract amount for the Prime s Contract exceeds $2,000. The higher of the two applicable wage classifications, either State m Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under d a this Contract. The prime contractor is responsible for ensuring subcontractor compliance with rn Davis-Bacon and related Act Requirements, The Federal Labor Standards Provisions (HUD 4010) apply to this project and are included in PART III of the Special Provisions. o .+ N Prevailing rates of wages for the State of California shall conform to Section 1773 of the California N Labor Code. The general prevailing wage rates in the county in which the work is to be done have a been determined by the Director of the California Department of Industrial Relations. These wages .a are available from the California Department of Industrial Relations' Internet web site at rc z. http.11 www.dircagov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days m F prior to the actual Bid Opening, which have been predetermined and are on file with the California ® 3 Department of Industrial Relations are referenced and made a part thereof. ! 3 o W The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at o w hitp.11 www.acce ss gpa.gov/davisbaconli*ndeuhtml. General Decision prevailing wage rates for the N County of San Bernardino, State of California in effect ten(10)days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten (10) days prior to the Bid v W Opening shall be physically inserted into the Contract Documents prior to contract execution E by the CITY and the Contractor. v a N A weekly certified payroll is required during the term of construction. Payment of invoice may be N delayed when certified payrolls are not submitted weekly. The CITY shall make progress payments o on any properly completed payment request submitted by the Contractor. The payment request shall o not be deemed properly completed unless certified payroll form WH 347 has been properly ' completed and submitted on a weekly basis for each week worked during the time period covered by d said payment request. r U N I13-5 a P f Packet Pg. 1508 f a.a 17. Notice of Requirement For Affirmative Action To Ensure Eaual Employment Opportunity h r rn The bidder's attention is called to the "Equal Opportunity Clauses" and "Standard Federal Equal Employment Specifications" contained in COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTACT PROVISIONS in Part I of these Plans and Special Provisions. Goals and N timetables for minority and female participation, expressed in percentage terms for the Contractors 2 aggregate workforce in each trade on all construction work in the covered area, are 19% for `o_ minorities and 6.9% for women. o ` N O T 18. Attorney's Fees and Arbitration d c u w The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will o be entitled to recover from the losing party all attorney fees,court costs and necessary disbursements S in connection with that action. The costs, salary and expenses of the City Attorney and members of m his office, in connection with that action, shall be considered as attorney's fees for the purposes of d a this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is N hereby specifically excluded from this Contract. m .. 19. Method of Award-Lowest Qualified Bidder N r If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder 4 does not exceed the amount of funds then estimated by the CITY as available to finance the contract, a a the contract will be awarded on the base bid only. If such bid exceeds such amount,the CITY may W' reject all bids or may award the contract on the base bid combined with such additive alternates m applied in numerical order in which they are listed in the Form of Bid, as produces a net amount 3 ui which is within the available funds. rn 3 C w o Z 20. Bidding and Negotiation Requirements 2 N _ N Attention of bidder is directed to the requirements of the U. S. Housing and Urban Development rn o regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary v w statement of work force needs, (skilled, semi-skilled, unskilled labor and trainees by category) shall t be provided where known, where not known, such information shall be supplied prior to the signing x of any contract between Contractors and their subcontractors. Q N 0 N N 21. Contractor Documents Rewired by HUD-CDBG Funding to be Submitted With Bid 0 (See DOCUMENT LIST,Page DL-1 ) E E z U A Q B3-6 P„�'�kefi}r� "1509 zld f t O) J d a O N G O BID DOCUMENTS O T U � � y C C O W U � c � _ c t m a ..1 Q d � C n 2 'O M � n � b N M N N A O N _ i! Q J d Q a 2 K (7 t N O/ r J N v W a N C W O Z is co u in �= N U r a N N 0 C N a w E u U a U Q N O N N O V O C a E L U a BID FOR UNIT PRICE CONTRACT N PLACE CITY OF SAN BERNARDINO . o J Ul DATE w `o PROJECT NO 12853 „ 0 Bid of (hereinafter c y called 'Bidder")* a corporation, organized and existing under the laws of the State of A C w a partnership, or an individual doing business 0, G ip « C as L OI ., J Q d To the City Engineer of the City of San Bernardino, y . a California (owner and hereinafter called"CITY" ). .r N N Gentlemen; ry The Bidder, in compliance with your invitation for bids for the construction of. a a m z PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE 3 OF THE y STREET LIGHTING SYSTEM $ w z AT VARIOUS LOCATIONS 3 g IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) w 0 y having examined the Plans and Special Provisions with related documents and the site of the E W E U u U proposed work, and being familiar with all of the conditions surrounding the construction a N 0 N of the proposed project including the availability of materials and labor, hereby proposed to N a 0 furnish all labor, materials, and supplies, and to construct the project in accordance with the ° c d E L B-t R a X15"17 Bid and Contract Documents, within the time set forth therein, and at the prices stated below. Yl These prices are to cover all expenses incurred in performing the work required under m J d the contract documents, of which this bid is a part. y `o Vi Bidder hereby agrees to commence work under this contract on or before a date to be specified in o 0 written "Notice to Proceed" of the CITY and to fully complete the project within 40 � rn Worldne Days , thereafter as stipulated in the Special Provisions. Bidder further agrees to pay as o w` U j liquidated damages, the sum of 5$ 00.00 , for each consecutive calendar day thereafter as r m „ hereinafter provided in Section 4 of Part II of the Special Provisions. N � v m n > Bidder shall acknowledge receipt of addendum(s) on Sheet C-1 of these Bid Documents. � a N J Q C. Z 1' C7 t N O F J 0~ W 3 N 3 OW _ 2 u> � N V N e 6 N N U c W E t U U Q N O N N O O O *h1sert corporation,partnership or individual as applicable. ° c r t U CO B-2 Q a.VV9:f5,1Z SCOPE OF WORK h t P J d The CITY street lights to be repaired are 240 volt systems. The planned work will be on major streets in the City of San Bernardino and traffic control will be required. Inspection will be made by o the Public Works Department. This inspection and the Bid Schedule will be the basis of payment to the contractor for the project. s .2 0 The work mainly consists of the installation of conductors and connections thereof. Following the S U) construction and inspection of the this work, all pull boxes shall be secured with concrete per the attached CITY Detail and tamper-proof screws shall be used to secure pole hand-hole covers. The o w` installation of additional pull boxes and conduit shall be part of the project to a lesser extent. The removal and replacement of complete street light pole assemblies shall be included, as required. The t removal and replacement of foundations shall be included as required by CITY inspection. W J Q d The Contractor shall be responsible for the complete repair of the circuit being serviced. In some y cases the work shall consist of the replacement and connection of the conductors, inspection and M approval of the work by the CITY and then securing the pull boxes and poles. In other cases, the 6 replacement and connection of the conductors will show that lamps are not illuminated and more y work will be required,at the fixture or fuse. Bid Items on the Contract Bid Schedule are the CITY's r estimated items and quantities, and actual items and quantities may defer in the work of the project. # a Quantities of work shall be paid on a per item basis per the unit bid price on the Contractor's z submitted contract Bid Schedule and Section 6,Part II of these Special Provisions. c? L y � F The undersigned bidder hereby agrees, if this bid is accepted, to furnish all material except as noted 3 and do all the work required to complete said work in accordance with the specifications and w 3 instructions, and in the time and manner therein prescribed for the unit cost amounts set forth in the u z schedule on the following bid. 3 W !'- N u The bidder also understands that there is no warranty or guarantee given or implied as to the total o amount to be ordered as a result of this contract. The quantities stated in this bid are estimates,to be w used for bid comparison purposes only. Specific street lighting repairs, installation of conductors, t conduits,pull boxes or pole replacements will be ordered as needed. U Q N O N N O V O e c a E s U R B-3 a P ckef Fig i6WJ owl, BID FORM s m TO THE MAYOR AND COMMON COUNCIL OF J v THE CITY OF SAN BERNARDINO N The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to `o_ furnish any and all required labor,materials, transportation and service for the o � N O T REPAIR, REPLACEMENT AND UPGRADE A rn OF THE o w` STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO m °' (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) J a d d m in strict conformity with Plans and Special Provisions No. 12853 of the Engineering Division, M Department of Public Works for the City of San Bernardino and also in accordance with Standard o Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is N accepted, that he will contract with the City of San Bernardino, in the form of the copy of the is a contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of a a maintenance, and to do all the work and furnish all the materials specified in the contract, in the z 0 manner and time therein prescribed, and that he will take in full payment therefor the following unit m F prices or lump sum prices,to-wit: d w 3 N OW Z fo U d O O. N N O C W E t U O U a N S N N O C O a C E L U R B-4 Nalfil BH) SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 t REPAIR, REPLACEMENT AND UPGRADE 2 OF THE STREET LIGHTING SYSTEM ; AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO w `o BID ITEM DESCRIPTION OF ITEMS UANTITY UNIT UNIT PRICE TOTAL NO. With UNIT PRICE Written in WORDS t+%17MATEDIGURES FIGURES 6 1. REMOVAL & INSTALLATION OF STREET LIGHT POLES & FOUNDATIONS N O T a• REMOVE Remaining Portion of Damaged Pole-High 2 m c Mast,at Dollars 5 EA $_/EA $ p w U & Cents per EACH c .> c b. REMOVE Damaged Foundation-High Mast, at Dollars I EA $ /EA $ d Q & Cents per EACH S A _ to v C. REMOVE Remaining Portion of Damaged Pole and j Cap-Post Top,at tD 5 EA $ /EA S `� N Dollars w °' & Cents per EACH r � Q a' REMOVE Damaged Foundation- Post Top, at Q a Dollars 1 EA $ )EA S K t M & Cents per EACH 4� t- J_ Q e' INSTALL FOUNDATION-High Mast,at ` in 3 Dollars I EA $—/EA $ o z & Cents per EACH ;o N £ INSTALL POLE & CAP-High Mast (CITY n N Provided POLE),at N 5 EA $_/EA S c jj w Dollars u LU & Cents per EACH .Ec U U g' INSTALL FOUNDATION-Post Top,at Q N Dollars 1 EA $_/EA $ N & Cents per EACH c v h. o INSTALL POLE-Post Top(CITY Provided POLE)at y Dollars 5 EA $_/EA $ & Cents per EACH E v m z a B-5 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM J AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO `o BID a ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL o NO. With UNIT PRICE Written In WORDS LM MATED IGURES (FIGURES) 2. INSTALLATION OF CONDUCTORS & CONDUIT rn T a. ° INSTALL 2-THHN AWG#8 & I-TIM AWG#10 d UJ r: at Dollars 25,000 LF $ /LF $ U m & Cents per LIN,FT. I t c d b. REMOVE & REPLACE Damaged CONDUIT,at � 4 Dollars t00 LF $ /LF & $ Cents per LIN.FT. N v C. INSTALL 2-THHN AWG #10, at > Dollars 1,200 LF $ /LF $ N & Cents per LIN.FT. n m N 3. PULI. BOX INSTALLATION, CONNECTION OF WIRES & SECURITY is � J a' INSTALL PULL BOX — NO. 3-112, at 0 Z Dollars 5 EA $ /EA $ uN & Cents per EACH w 3 b' CONNECT CONDUCTORS, at N 3 Dollars 750 EA $ /EA $ c W & Cents per EACH k N C. PREPARE & SECURE Pull Box with CONCRETE g. N (per CITY Detail), at rn 250 EA $ /EA $ 4i Dollars d & Cents per EACH E U U d. HAND HOLE COVERS for 1C123 Pole, at a Dollars 20 EA $ /EA $ c N & Cents per EACH N 0 v C. TAMPER-PROOF SCREWS(Hex-Center/Pin), at v Dollars 500 EA $_/EA $ & Cents per EACH m E r U M a B-6 y BED SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12853 " z REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM J m AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO m N 0 BID w ITEM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE TOTAL c NO. With UNIT PRICE Written In WORDS ESTIMATED (FIGURES) '3 4. FIXTURE INSTALLATION/REPLACEMENT V) O T >L POST TOP FIXTURE, at � m Dollars 5 EA $ /EA w $ c u & Cents per EACH 0 i ) '- b. COBRA HEAD, 70W,at ` c Dollars 5 EA t_/EA $ rn `m & Cents per EACH a C• COBRA HEAD, 100W,at R Dollars 5 EA $_/EA $ rn v & Cents per EACH n m d. COBRA HEAD, 15OW,at N Dollars 30 FA $_/EA $ n m & —Cents;per EACH N it e. COBRA HEAD, 200W,at J Dollars 5 EA S /EA $ n ¢ & Cents per EACH z r rn t COBRA READ, 25OW,at m N Dollars 5 EA $L_/EA $_ y w & Cents per EACH 3 N 8' COBRA HEAD, 400W,at o Z Dollars 5 EA $ /EA $ .2 ,o & Cents per EACH U �' E N U r 5. LAMP, BALLAST, STARTER & PHOTO CELL w° No co a. REPLACE LAMP, 70W, at v w Dollars 5 EA $ /EA $ E U & Cents per EACH U b. REPLACE LAMP, 100W, at ¢ Dollars 5 EA $ /EA $ N & Cats per EACH c c. REPLACE LAMP, 150W, at 0 Dollars 30 EA $ /EA $ v & Cants per EACH a d. REPLACE LAMP, 280W, at E Dollars 5 EA $ /EA $ m & Cads per EACH 4 B-7 P Packet Pg. 1517 7.Jpl� S.F.c BID SCHEDULE PLANS & SPECIAL PROVISIONS NO.12853 S REPAIR, REPLACEMENT AND UPGRADE J OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN TIM CITY OF SAN BERNARDINO rA BID w ITEM DESCRIPTION OF ITEMS QUMMW UNIT UNIT PRICE TOTAL m NO. With UNIT•PRICE Written In WORDS ER MATED (FIGURES) CURES 0 5. LAMP, BALLAST, STARTER & PHOTO CELL (Continued) 1� 0 e. REPLACE LAMP, 250W, at N O T Dollars 5 BA $_BA $ rn & Cents per EACH c W f. REPLACE LAMP, 400W, at 0 Dollars 5 EA $ BA $ c @ & Cents per EACH t c m � g• REPLACE BALLAST, 70W, at Q Dollars 2 EA $_/EA $ m ,� & Cents per EACH rn a h. REPLACE BALLAST, 106% at n j Dollars 2 RA $ BA $ fO ' & Cents per EACH N — N r I• REPLACE BALLAST, 150W, at n Dollars 10 EA S /EA $ t a t� & Cents per EACH A a J• REPLACE BALLAST, 200W, at Dollars 2 BA $ BA $ t rn & Cents per EACH w k. REPLACE BALLAST, 250W, at 3 Dollars 5 EA S /HA $ 3 & Cans per EACH __. c z i• REPLACE BALLAST, 400W, at 2 N Dollars 5 HA $ BA It T; " v o & Cans per EACH O m• tn REPLACE FUSES, at v LLI Dollars 40 EA $ BA $ E & Cents per EACH u V n D• RELOCATE FUSES, from Pall Box to Pole, at ¢ N Dollars SO BA $_/RA & Cans per EACH N O o. REPLACE PHOTO CELL, at c Dollars 20 EA $ BA •4 & Cents per EACH c d E r U TOTAL BID: $ a B-8 P Packet Pg. 1518 7.J.d S.P.c BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled s in. In case of discrepancy in Bid Amounts,"UNIT" prices shall govern over extended amounts,and"WORDS" °—' shall govern over"UNIT"figures. J v a Total bid price for the entire wntmct work shall include the cost of labor,materials, equipment parts, implements, U)taxes and supplies necessary to compete the project,as based on the City Engineer's estimate of quantities of work. o The total price must be extended for each item of work and the total of all items inserted in the space provided. c Bidders shall complete and submit entire BID DOCUMENT section as thew bid to the City. Failure to do so will result in bid being non-responsive. c U) Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino(CITY), 0 and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the I, `v prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid, or the c w existence or treatment of an irregularity in a bid,shall be final. v on BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract E Documents. ca d J Q Time is of the essence in the completion of work encompassed by this bid. Contractor must commence work on d m street lighting repair within ten (10)calendar days after notification by the CITY. Contractor must pursue the work rn continuously after commencement of job to complete the entire work order. 40 working days are allowed for this project. e N BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to uMi calculate total bid amount for comparison only,and that final compensation under the contract will be based upon the r `- actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase # or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay 'a Q the contractor at the bid unit prices. z En r7 The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to he performed. �, w The contractor shall notify the CITY Inspection Division and provide a schedule for completion of the work at least w 48 hours prior to commencing work. .2 z io m u N The Lineal Feet length for conductors or conduit is for the total length of the material installed. E N y N Traffic Control: Cost of traffic control is assumed to be included in various bid prices, and no additional payment p shall be made. The Contractor shall be responsible for furnishing,placing and maintaining barricades and lights as w necessary to protect the public from danger due to all work being done. If lane closures are approved by the Project E It Manager,the full width of the traveled way shall be open for use by public traffic from 4:00 p.m.to 8:30 a.m.,all day u v for Saturdays, Sundays,and designated legal holidays, after 3:00 p.m.on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. If the Contractor is Q allowed to temporarily close a portion of the roadway, a minimum one lane for each direction of travel must be maintained at all times unless otherwise approved by the Project Manager. All lanes must be opened up to traffic c between 4:00 PM and 8:30 am,daily. The Contractor shall comply with the Manual on Uniform Traffic Control c Devices (MUTCD) and the California Supplement, Latest Editions, and all other applicable requirements and v standards for traffic control. c d All other work items not specifically listed above, but necessary to complete the work per applicable standards, E including traffic control are assumed to be included in the above various unit bid prices. m Q B-9 P Packet Pg. 1519 z3.a �� 'K' :.....it BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within s 10 working days from the date of the "Notice to Proceed", and shall be completed within 40 working days from rn the date of said notice,as directed in SECTION 4 of these Special Provisions.. a, d The undersigned further agrees that in case of default in executing the contract, or furnishing necessary in bonds,all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. 0 Licensed in accordance with an act providing for the registration of Contractor, o U) LICENSE EXPIRATION FEDERAL TAX ID 0 m NO.: CLASSIFICATION(S): DATE: # E e w 0 FIRM NAME: v > w c m BUSINESS ADDRESS: m m J Q d d o BUSINESS PHONE: FAX: CELL: rn 8 m A � If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof: H m ea N Is Bidder currently acertified DBE? Yes ❑ No ❑ Legal Status of Firm s Q w Z NAME(S) ADDRESS(ES) t N rn F J y N W 5 3 U) ; c w o Z U V !"' N V � O SIGNATURE OF BIDDER: Dated: 20 w 0 c to u w E m BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: A v Q N O ADDENDUM N0.1 DATE: N N O ADDENDUM NO.2 DATE: o v ADDENDUM NO.3 DATE: w ADDENDUM NO.4 E r u m x C-1 r1S '' ################################################################## L 01 SPECIAL NOTICE J d d O w N C O The bidder's attention is directed to the section entitled, "Required Listing of Proposed o Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed c r subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for A v signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of o w` Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00, whichever is greater. r 3 J Q In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a d ; notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working v, ,a days after the time of the bid opening and send copies of the notice to the subcontractors involved. e .. N The bidder shall provide the actual dollar"Sub-Contract Amount"as submitted by each listed „ sub-contractor, keeping in mind that the prime contractor for this project is required to provide or N perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by d z the prime contractor is considered as included in the prime contractor's 50% requirement. If c w material purchased directly by the prime contractor is to be used by a listed sub-contractor in y performing contract work, the dollar amount of such purchased material should not be included in 3 the dollar amount listed for said sub-contractor. H ; c w o z The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard w N Specifications: ,� o O. N N O If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work d required with its own forces, the Bid will be considered non-responsive and rejected with no further = consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is j performing work amounting to less than 50% of the Contracted amount, except for "Specialty a o Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar N amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the e amount of work required to be performed by the Contractor, shall be deducted from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract Change Orders that increase subcontract items of work. a C-2 Packet Pg.1521 '. BIDDER'S FIRM NAME y L DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12853 d In compliance with the provisions of Section 41004114 of the Public Contract Code of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. 0 Name&Address Agency&No.of o Under Which MBFIWBE CERT. Sub-Contractor's Sub-Contract Contractor's License# — w Licensed (If Applicable) Phone-No. Amount Work to Be Performed: m m � c c w 1. v m $ m c m - c L T U J Q 2. n > $ V N n J N _... N N © 3 # a $ A=q J a Q a+ z a t? L (n !T F J y W W 4. = 3 $ c w o z is m U N Z N v o a N 5. v O S rn — „ w E tr z U v U L � Q N 6. $ $ N v o v c d E IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET r U DO NOT WRITE ON THE BACK ;g Q C-3 P Packet Pg. 1522 T JA WORKERS' COMPENSATION INSURANCE y CERTIFICATION J d d N O I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be , 3 insured against liability for workers' compensation or to undertake self-insurance in accordance with CS O T provisions of that code, and I will comply with such provisions before commencing the performance w` o y U � of the work of this contract. t J Q VJ d tE Contractor: n > NAME OF FIRM: " N n O1 ro BY: a � J TITLE: t y m F DATE: d w d 3 en 3 W.2 W � z m � u in !E N Vy r O. N N O c N 4 W E � t U � v >r � Q N O N N O O C C E E L V A C-4 a f � �° (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) N L NON-COLLUSION AFFIDAVIT v To the Division of Public Works,Department of Development Services,City of San Bernardino,State of California: rn The undersigned in submitting a bid for performing the following work by contract,being duly swum, deposes and w says: c That he or she is of the party making the foregoing bid,that the bid is not made in the interest of,or on behalf o of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is o genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other m bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived, or agreed c w` with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;communication, $ or conference with anyone to fix any overhead,profit,or cost element of the bid price, or of that of any other ' bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the rn E proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; : a that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, d m submitted his or her bid price or any breakdown thereof,or data relative thereto, or paid,and will not pay,any in '—> fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. > .r..- N N H � N Firm Name a � J Z Signature of Bidder w .to ~ N d W d Printed Name and Title in 3 W o Z N V 0 Business Address N NO C N E W E m Place of Residence U Q N Subscribed and sworn to(or affirmed)before me this day of ,20 the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. N O Signed o Notary Public in and for the County of �+ State of California. c E E My Commission expires on Year m Q C-5 4 - COMMUNITY DRYRLOPMBNT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION L CONCERNING LABOR STANDARDS AND PREVAILING WAGE RP.QUIRFMENTS rn J TO (Appropriate Recipient) DATE: m N PROJECT NO. (If any): c C/0 w c PROJECT NAME: 0 N O T O 1. The undersigned, having executed a contract with L° c for the construction of the above-identified project, acknowledges that: 0 d (a) The Labor Standards provisions are included in the aforesaid contract. L � (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his :3 E subcontractors and any lower tier subcontractors,is his responsibility. in '> .. v n 2. He certifies that: ra >.. .r N (a) Neither he nor any firm,corporation,partnership or association in which he has substantial , interest is designated as an ineligible contractor by the Comptroller General of the United States c°Dr pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5 (29 CFR, It Part S)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended (40 U.S.C.276a-2(a). d z (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor « t9 if such subcontractor or any firm,corporation,partnership or association in which such o F subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any w of the aforementioned regulatory or statutory provisions. >� N o w w _ z 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, N including those executed by his subcontractors and any lower tier subcontractors, a "Subcontractor's Certification N Concerning Labor Standards and Prevailing Wage Requirements"executed by the subcontractors. o. N yr O 4. Fie Certifies that: d co E t U (a) The legal name and the business address of the undersigned are: m v Q N O N (b) The undersigned is: o ( I) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN o THE STATE OF a (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) E E u Q C-6 P Packet Pg. 1525 Page 1 of Z 4. (cont.) (c) The name,title and address of the owner,partners or officers ofthe undersigned are: z rn J NAME TITLE ADDRESS m in 0 N c O O T m 12 C C W U d m > c m - c L O) W (d) The names,addresses and the nature of the interest of all other persons,both natural and corporate, having a m a substantial interest in the undersigned are (If none, so stale): W �? y '> v NAME ADDRESS NATURE OF INTEREST n e .. - N � pp .r.. N J O a d 2 L N D) N J N (e) The names,addresses and trade classifications of all other building construction contractors 3 in which the undersigned has a substantial interest are (If none, so state): rn 3 C W o Z NAME ADDRESS TRADE CLASSIFICATION u N N 6 N N 0 G N y W E U a N 0 N N 0 V (ComTR1CI-OR) o DATE: BY: m (SIGNA7URE) E L WARNI m U S.Criminal Cod;Sullen 1010,77de 18,USG, Prodder in Pon "Wkower.......makes, param, otters or pabldher any statement, knowing Q the same to be fake.............shall be Jlned not more than $5,000 or Imprisoned not more tkan Ism(2)yearn, or both. C-7 IZS= CONTRACTOR'S CERTIFICATION OF COMPLIANCE L WITH DAVIS-BACON AND RELATED ACTS REQUIREMENTS 2 v d N [ as Prime Contractor for g w N Project Name: c 0 (n Plans & Special Provisions No: rn v hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and c w` Related Acts Requirements: U > M _ c 1)By entering into this Contract,I certify that I acknowledge that the above referenced project ` is federally funded and I am solely responsible for complying with Davis-Bacon and a Related Acts Requirements; and, d m H v 2) The Prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable m to their work classifications, as specified by the current and applicable Federal Wage m Determination. If no Federal work classification appears to apply, the Prime Contractor shall make written request to the CITY to obtain applicable work classifications and wage N m rates prior to the start of construction. When the same classification appears in both the Federal and State Wage Determinations, the higher wage must be paid for that c i classification. The Prime Contractor is responsible for ensuring Subcontractor compliance t? with Davis-Bacon and Related Acts Requirements. m J N Q W d 3 IF THE COMPANY IS A CORPORATION,CORPORATE OFFICERS H 3 ARE AS FOLLOWS: .`o Z m it N V O President a N w 0 N C W Vice-President E v v U x � Secretary/Treasurer a c N N Signature, Prime Contractor ° v 0 v Title(Owner or President) E E s Date m C-8 s CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY t J d PROJECT TITLE: y INSTRUCTIONS Wo. N C This certification is required pursuant to Executive Order 11246(30 P.R. 12319-25). The implementing rotes and regulations 9 provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid 2 or negotiations of the contract whether it has(they have)participated in any previous contract or subcontract subject to the equal wo opportunity clause;and,if so,whether it has(they have)filed all compliance reports due under applicable instructions. rn m `m c Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,such bidder r w shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded 0 i unless such report is submitted. c m = a CERTIFICATION BY BIDDER Bidder's Name: ; > Address and Zip Code: N M � N .-. � m 1. Bidder has on file an affirmative action program pursuant to Part 60-2(applies to non-construction contracts). a a z YES ❑ NO ❑ t N _rn � 2. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. w W 3 YES ❑ NO ❑ (IJanswer is YES, identify the most recent contract.) is 3 c w o z ur (If answer is no,contractor may be required to submit an EEO-I survey or other reports to the Equal Employment a Opportunity Commission. Contact the BEOC at 800.669.4000 or inquire online at hap✓/wars.eeoegou/eeotaurveyledmhtmi. a N fh O 3. Compliance reports were filed in connection with such contract or subcontract with the Joint Reporting c w Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission E X U u U YES ❑ NO ❑ NONE REQUIRED ❑ g Q N O N CERTIFICATION—The information above is true and complete to the best of my knowledge and belief. o v 0 v Name and Title of Signer (Please Type) E z U Signature Date a C-9 UM 7.J.e FORM OF BID BOND 5.F.c KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, w as Principal,and rn J as Surety,are hereby and firmly w bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of rn ten percent 10%1 of the total amount of the bid of the Principal submitted to the Obligee for the work described below,for `o the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and w assigns. `o THE CONDITION OF TIES OBLIGATION IS SUCH, THAT: in 0 T WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a 15 O1 contract in writing,for the —_— @ . U c u O U > a m c c (Copy here the exact title description of work, including location as it appears on the proposal) R for which bids are to be opened on a n (Insert date of opening) y v NOW, THEREFORE, � >.. a. If said Bid shall be rejected,or in the alternate, M b. If said Bid shall be accepted and the Principal shall execute a contract m in the Form of contract attached hereto(properly completed in accordance with said Bid) # m and shall furnish a bond for his faithful performance of said contract, e and shall in all other respects perform the agreement created by the acceptance of said Bid, .a d Z 0 then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed t N that the fiability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as :J in herein stated. m w Z 3 The Surety, for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way o i impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby «, m waive notice of any such extension. N u c Signed, this day,of 20 O rn IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are co L corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the t O day and year first mentioned. m U QN (SEAL) (SEAL) N Principal Surety N 0 e By: By:_ o Signature Signature d' c v E Printed Name and Title Printed Name and Title s: v a NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. Q C-10 Packet Pg. 7529 BIDDER'S FIRM NAME MBE/WBE INFORMATION- GOOD FAITH EFFORTS r PLANS & SPECIAL PROVISIONS NO. 12853 2 d Federal Affirmative Action Compliance Guidelines have established a Minority Business Enterprise (MBE)Goal of 19% and a Women Business Enterprise(WEE) Goal of 6%for this project. The information provided herein N shows that adequate good faith efforts were made. See also Page I of CDBG CONTRACT PROVISIONS of ° these Special Provisions. p A. The names and dates of each publication in which a request for MBE/WBE participation for this 0 project was placed by the bidder(please attach copies of advertisements or proofs of publication): - N O T 0 Publications Dates ofAdverlisement A c W U > c � c t v a .• J Q d � N V B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project ,;.� and the dates and methods used for following up initial solicitations to determine with certainty e whether the MBEs/WBEs were interested(please attach copies of solicitations,telephone records, = r m fax confirmations,etc.): in .J N Names of MBE/WBE Initial Solicitation Follow Up Methods u °� Solicited Dates and Dates 'a J Q N Z tC � t N W F J in W � 3 L W 'A O Z � v � N •y O C. N N 0 a W d of C. The items of work which the bidder made available to MBE/WBE firms, including, where E U appropriate, any breaking down of the contract work items (including those items normally O U performed by the bidder with its own forces) into economically feasible units to facilitate Q N MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to 0 facilitate MBE/WBE participation was made available to MBE/WBE fums. ry 0 Items of Work Breakdown of Items c a c E E z 0 m r; -- Q X 753,0•::.. D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for y the bidder's rejection of the MBE/WBE, and the firms selected for that work (please attach copies of quotes from the firms involved): 2 d d Firms Rejected o `o w m c 0 0 O) ry d C C , U > O1 � C � L y Firms Selected � a v A b > N y M m n � N .... N (� T 0 N .-. ! J n 4 y z K C7 t N 01 F. E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or d w insurance, and any technical assistance or information related to the plans, specifications n 3 and requirements for the work which was provided to MBE/WBEs: w o z N C N O. N N U 4l N a W E 0: L U v U — Z � Q N O N N O O O a c v E t v A a Packet Pg.Y1531 L F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the H MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate: J N d N O N C O O N p T m `w � C G W O y G. The names of agencies, organizations or groups contacted to provide assistance in u contacting, recruiting and using certified MBEs/WBE firms (please attach copies of c c requests to agencies or organizations, and any responses received, i.e., lists, Internet page m 2 download,etc.): J Name of Method/Date Results Agency/Organization of Contact of Contact .. N •�• N M T W N .. � m � J 6 Q � Z O F J N � 3 N W C W H. Any additional data to support a demonstration of good faith efforts(use additional sheets if necessary): w N y o a ur 0 O N C W E E U qu U L � Q N O N N O O O V C N E z u m Q l4-4- BIDDER'S FIRM NAME ai J REFERENCES PLANS & SPECIAL PROVISIONS NO. 12853 N 0 N G O Date O N The following are the names,addresses,and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: Le c w o a Public Agency's Contract Name,Title U Name&Address Type of Project Contract Amount Date Completed &Phone Number c z `y W z J Q 1. $ d m N �p m n > � N .... N t.r Ol 4 m � J a Q d z L N Or F 2. $ —. J WW> N U1 O W O Z m � U � 4. N y O 6 N N O N c w E U U U 3. $ 4 N 0 N N O O O v c d E s U N _ Q ' ll MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION N L W This form is designed to assist the CITY in assessing and reporting the proposition and amounts of contracts and subcontracts awarded to Minority and Women Owned Business Enterprises(WMBE's) for y the project named below. Include information on all subcontractors and suppliers if the total bid amount n exceeds$10,000. PLANS &SPECIAL PROVISIONS NO. 12853 H REPAIR,REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM `o AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 0 "Minority owned or controlled" means that 51% or more of the company's ownership or controlled rn interest in the company is held by one or more Black Americans,Native Americans(including American Indians, Eskimos, Aleuts, and Native Hawaiians), Hispanic Americans, or Asian/Pacific Americans `o w m (including persons whose origins are from Japan, China,the Philippines, Vietnam, Korea, Samoa, Guam, W the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan), or c c any other group of natural persons identified as minorities in the project specifications by the CITY. o J Q "Female owned or controlled"means that 51%or more of the company's ownership or controlled interest R in the company is held by one or more female persons. in v PROJECT N lh � N r' Project Name Project Number # m $ Federally funded or assisted? [ ]Yes [ ]No a Total Bid Amount Z i= N CONTRACTOR w to w 3 N 3 Contractor's Name Address `o Z n Federal I.D.Number CITY State Zip Code c N $ Minority owned/controlled? [ ] Yes [ ] No y 0 Portion of Bid Amount to be If so,what Minority? d performed by Contractor Female owned/controlled? [ ] Yes [ ]No E u v Q N SUBCONTRACTORS N N O 1) o Subcontractor's Name Address a c Federal I.D.Number CITY State Zip Code E $ Minority owned/controlled? [ ] Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ] Yes [ ]No ----------------------------------------------------------------------------------------------------------------------------- 7 J.e 5 F.c��•'• i SUBCONTRACTORS (Continued) N t 2) L Subcontractor's Name Address d Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ] Yes [ ] No m 0 Subcontract Bid Amount If so,what Minority? y Female owned/controlled? [ ] Yes [ IN a — — ----------------------------------------- -------------- -------------------------------------------------- 0 y 3) 0 a rn Subcontractor's Name Address c w Federal I.D.Number CITY State Zip Code 0 "> $ Minority owned/controlled? [ ]Yes [ ]No c Subcontract Bid Amount If so,what Minority? rn Female ownedlcontrolled? [ ] Yes [ ]No Zi ---------—-----------------—----—---------------- ------------------ -------------•-------------------------------- d d N =p 4) Subcontractor's Name Address N Federal I.D.Number CITY State Zip Code $ Minority owned/controlled? [ ]Yes [ ]No N m Subcontract Bid Amount If so,what Minority? Female ownedlcontrolled? [ ] Yes [ ]No n z ---------------------------------------------------------------------- -------------------------------------------------- W 0 G V P H 5) w Subcontractor's Name Address 3 N Federal I.D.Number CITY State Zip Code co_ z $ Minority owned/controlled? [ ]Yes [ ]No Subcontract Bid Amount If so,what Minority? Female owned/controlled? [ ]Yes [ ] No a c w ) E U Subcontractor's Name Address z Q N Federal I.D.Number CITY State Zip Code °ry $ Minority owned/controlled? [ ]Yes [ ]No c Subcontract Bid Amount If so,what Minority? 0 Female owned/controlled? [ ]Yes [ ] No e Female owned/controlled? [ ]Yes [ ]No a E L u A Q vr.. P Packet Pg. 1535 MirN S O) J d d N 0 N C CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS N O >' O] C � W O y U > m � C � L 0 Dl J Q d N .j N =p e .. � N M � N .r N T m N Q d Z L N W !- J N W 3 N C W O Z N H u it N O N N Q W c W E � L U L � a N 0 N N 4 a 0 v c d E L u m x Q Packet Pg. 7536 CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS m FOR FEDERALLY FUNDED PROTECTS d d N The following Standards,Instructions and Certifications are provided to ensure compliance with Federal and State contracting requirements for Federal Community Development Block Grant funded construction projects and o are contained in these Special Provisions or,by their reference,are included in these Special Provisions. 0 I. Documents -- All documents that will be required to be completed, signed and submitted by the u ) lowest responsive bidder following the Bid Opening are contained in CDBG CONTRACT u PROVISIONS at the end of Part I of these Special Provisions. w` U > 11. Labor Standards and Provisions -- This section contains Federal and State labor regulations M ' regarding construction contracts. rn .. J Q * Federal Labor Standard Provisions - HUD - 4010 — The prime contractor and all d @ subcontractors are required to abide by the Federal Iabor Standards. The prime contractor is 1 > responsible for including these provisions in all subcontracts. (Authority cited in text of w Provisions contained in PART III of these Special Provisions). > N * Title 29 -Labor(Part 3 and Part 5)-- Includes: Copeland "Anti-Kickback" Act and Davis- Bacon Provisions. N m u -- * Article 40 USC - Section 327 -- Contract Work Hours and Safety Standards Act -- $ z Established standards for hours of work and overtime pay. z t N * California Labor Code Excerpts beginning with 1773.3 relating to Apprentices on Public 3i Works -- The use of apprentices under State regulations, is described in this referenced w document. U) 3 w C z * Prevailing State and Federal Wage Decisions--The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage for the work classification,specified in both the Federal and State a N wage decision. (Authority-Title 29-Labor Part 5) N 0 cU) w * Documents requiring signature under this section include: E � U a � (a) Contractor's Certification Concerning Labor Standards and Prevailing Wage a N Requirements. (Authority-Title 29-Labor Part 3 and Part 5) N N (b) Subcontractor's Certification Concerning Labor Standards and Prevailing o Wage Requirements. (Authority-Title 29-Labor Part 3 and Part 5) a c d E r U CP-1 z a `Parft9t Pg 4537` ID. Equal Employment Re ations - This section contains Federal Equal opportunity requirements w regarding construction and non-construction contracts. s rn J * Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors ( contained in PART III ) - Prior to being awarded the contract, the selected contractor an subcontractor(s)who meet the guideline criteria for filing,must complete and y submit the Affirmative Action Plan. This provision generally applies to contracts and w subcontracts in excess of$10,000. (Authority - Executive Order 11246 as amended by c Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 --Public Contracts and Property Management,Part 60). N The following applies to all contracts and subcontracts with a value in excess of$10,000 unless otherwise noted: c uJ 0 U j * Equal Employment Opportunity Clauses per Executive Order 11246 as amended by m Executive Order 11375(in PART III)include a summary of Equal Opportunity requirements c d that all contractors and subcontractors are subject to comply with regardless of contract f a value. '> * Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Readjustment M m Act of 1974,as amended. > N --• N * U.S.Department of Housing and Urban Development—Standards of Conduct ao N .-. • Documents requiring signature under this section include: 'h m J a ¢ a) Certification of Bidder Regarding Equal Employment Opportunity. L N CA b) Certification By Proposed Subcontractor Regarding Equal Employment J w Opportunity. : ; w 3 C) "Section 3"Clause,With Certification when the contract exceeds$100,000. o z d) Affirmative Action Policy for Contractors,Subcontractor and Vendors. c y o p, N f) Certification of Compliance With Air and Water Acts -- The prime contractor and y w all subcontractors must comply with this certification when the contract exceeds `m L $100,000. E U V U e) Contract Compliance Qualifying Report for Construction Contractor. ¢ N 0 N N O V O v c v E s v CP-2 R a Jr CONFLICT OF INTEREST z m J d Interest of Members,Officers, or Employees of the City of San Bernardino,Members N 0 of Local Governing Body,and other Public Officials. 0 No member,officer,or employee of the City of San Bernardino, of its designees or o N `p T agents,no member of the governing body of the City of San Bernardino, and no other d C 0 W public official of such locality who exercise any functions or responsibilities with C .� _ c respect to the a PLANS & SPECIAL PROVISIONS NO. 12853 N REPAIR, REPLACEMENT AND UPGRADE �; R OF THE STREET LIGHTING SYSTEM N AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO N during his tenure or for one year thereafter, shall have any interest, direct or indirect, c z rc � in this contract or any subcontracts, or the proceeds thereof,for work to be performed j N W in connection with construction of said improvements of the: w 3 c W o z 0 C' rn N d o STREET LIGHTING SYSTEM N N p « N C W AT VARIOUS LOCATIONS E p U m � IN THE CITY OF SAN BERNARDINO a N 0 N N O V O C C d E z v m CI-1 a P c F.J DOCUMENT LIST y s rn J d d (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID n 0 1. Contractor Certification Of Compliance With Davis-Bacon And Related Acts Requirements -- (Authority - Title 29, Parts 3 and 5, and Federal Labor Standards `o Provisions--HUD-4010). 0 ,. ur 2. Certification of Bidder Regarding Equal Employment Opportunity -- (Authority - o Executive Order 11246 as amended). E z w 3. Bid Bond -- In conformance with the example "Form of Bid Bond". (Minimum Bonding LO) > Requirements established by CITY for Federally Funded Projects). c z 0 4. List of all Subcontractor'(s) addresses, license numbers, certification numbers, dollar m amount of subcontractors,and specific description of subcontracts. w m N 9 M � (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS m TO BE SUBMITTED PRIOR TO NOTICE TO PROCEED M N W N m an 1. Executed Bid and Contract Documents -- NOTE: HUD form 4010 must be attached to contract. z 0 2. Performance Bond -- Minimum three(3) "wet" copies to be provided by Contractor form 100%of Bid Contract Amount. ' w v Lu 3. Labor and Materials Bond -- Minimum three (3) "wet" copies to be provided by w Contractor for 100%of the Bid Contract Amount o z .0 m U N 4. Minority and Women Owned Business Enterprise Participation -- This form contains := N data collected by the U.S. Department of Housing and Urban Development, and must be a o in provided prior to the Pre-Construction Meetin¢.. in c w v � 5. Subcontractor's Certification Of Compliance With Davis-Bacon And Related Acts t c) Requirements — To be provided by all subcontractors (Authority - Title 29 CFR, Parts 3 x E and 5,and Federal Labor Standards Provisions--HUD-4010). 0 N 6. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity - N - To be provided by all subcontractors. (Authority-Executive Order 11246 as amended). c c d E S U DL-I P PacketPg. 1540 7.J.e 5.P.c E N s d> J d O N O CONTRACT 0 AGREEMENT OT T U Ol � y C O W O m '« c �a - c L � Ol « J Q N 1 N N � 'O m n � b .. .r. N N M Of N r N # m J a a a z 0: C7 t N m F J V) d W N LU C W O z LgA O U N N U m N o. N N O c N y W E of t U u O a N 0 N N O V O O C d E s u A a P Packet Pg. 1541 7 J.e AGREEMENT N CITY OF SAN BERNARDINO o, J d d THIS AGREEMENT is made and concluded this_day of 20 o between the City of San Bernardino (owner and hereinafter"CITY"),and (hereinafter "CONTRACTOR"). 0 1. For and in consideration of the payments and agreements hereinafter mentioned, to be c made and performed by the CITY, and under the conditions expressed in the bond as deposited with A ; the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at to w` the CONTRACTOR's own proper cost and expense to furnish all the materials, supplies, machinery, ; equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to t complete the said project in accordance with the conditions and prices stated in the Bid Documents, R y the Special Provisions and Conditions and Provisions for Community Development Block Grant a A federally-funded projects, in good workmanlike and substantial manner the y > REPAIR, REPLACEMENT AND UPGRADE .... N OF THE STREET LIGHTING SYSTEM N AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO N (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) ? 00 •q J a in strict conformity with Plans and Special Provisions No. 12853 , and also in accordance with Standard z Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice m F Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of a w San Bernardino,which said Plans and Special Provisions and Standard Specifications are hereby especially referred 2 3 to and by such reference made a part hereoff c w o Z 2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as fall compensation for furnishing all materials and doing all the work contemplated and embraced in a N this agreement;also for all loss or damage arising out of the nature of the work aforesaid or from any y N unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the d w work and for all risks of every description connected with the work; also for all expenses incurred by c0i or in consequence of the suspension or discontinuance of work, and for well and faithfully Po 02 completing the work and the whole thereof, in the manner and according to the Plans and Special a V Provisions,and requirements of the Engineer under them. N 0 e 3. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of E race, color, creed,religion, sex,marital status, national origin, or ancestry in the performance of this R contract, nor shall the Contractor or any person claiming under or through him or her, establish or a permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors,vendees,or employees in the performance of this contract. Packet is V 42. 7.J.e'.'.'. AGREEMENT: REPAIR, REPLACEMENT AND UPGRADE OF THE EM STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ^w z 4. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the N same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full `o performance of the covenants herein contained. 0 N 5. It is further expressly agreed by and between the parties hereto that should there be m any conflict between the terms of this instrument and the bid of said Contractor, then this instrument w` shall control and nothing herein shall be considered as an acceptance of said terms of said bid u m — conflicting herewith. c r m « IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year a m t > and date first above written. M CONTRACTOR CITY OF SAN BERNARDINO N N N NAME OF FIRM: ak m = J R a BY: ,CL Z CHARLES E.MC NEELY, City Manager p 0 City of San Bernardino y 3 BY.• N � C w TITLE: ATTEST: N MAILING ADDRESS: n c°+ to O GEORGEANN HANNA E "' w City Clerk t u q� O a N 0 N N PHONE NO.:(_) APPROVED AS TO FORM: 4 0 a c v JAMES F.PENMAN, City Attorney E v R NOTE: Secretary of the Owner should attest. a If Contractor is a corporation,Secretary should attest „t3 g5`d ,: FILE NO.7. ACCT N0. 119-000.5502-2019-0092 N L CITY OF SAN BERNARDINO v v STATE OF CALIFORNIA y `o w ADDENDUM NO. ONE o BID AND CONTRACT DOCUMENTS r m d PLANS AND SPECIAL PROVISIONS NO. 12853 LU FOR > REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS t a IN THE CITY OF SAN BERNARDINO J > (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) > A N .. ' N M N The Plans and Special Provisions for this project have been amended as follows: 1. REVISE the COVER SHEET of the Plans& Special Provisions as follows: o m a IS: BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M. 0 Z � y WAS:BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. C N 2 W 0 3 0 3 2. As a"NOTE ONLY",the PLANS & SPECIAL PROVISIONS for this project are z as described on the second sheet entitled"DESCRIPTION OF THE COMPONENTS N OF THESE PLANS AND SPECIAL PROVISIONS". Everything is bound together o as the BID AND CONTRACT DOCUMENTS, PLANS& SPECIAL PROVISIONS E o N0. 12853. There is no other separately bound set of Plans. U W z a U U N ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE N BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF o THESE SPECIAL PROVISIONq: o BY: DATE: ROBERT G.EI NBEISZ, R.C.E. City Engineer a ADDENDUM NO. ONE PLANS AND 3PaCW.PRO ;��. :' ,Q` " FILENO. .'+' ACCT NO. 119-000-5502-2019-W 92 CITY OF SAN BERNARDINO w z rn STATE OF CALIFORNIA d ADDENDUM NO. TWO N 0 BID AND CONTRACT DOCUMENTS f ° PLANS AND SPECIAL PROVISIONS NO. 12853 °0 0 FOR REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO W (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) d > The Plans and Special Provisions for this project have been amended as follows: M Q fD 1. REVISE the SECTION 21, :STREET LIGHTING", Sub Section 21-1.02 No. 2."Luminaires" of these Plans & Special Provisions as follows: $ n d > IS: Luminaires -- Cobra head luminaires shall be high pressure sodium type, G.E. 5 N M-250 A2 Power/door Luminaire cutoff optics with integral ballast, and P.E. w` receptacle, wattage as directed,wired for 240 volt operation, and as directed by m the Engineer, or approved equal. a v Z Post top luminaires shall be high pressure sodium, G.E. WITS 10S3N017 (post `o N top ballast and socket kit) and FORMED PLASTICS 4FR199-PC8 (post top N w globe with 8" neck), 100 watt, wired for 240 volt operation, or approved o 3 equals, to match existing in project area, and as directed by the Engineer. 3 o W Z Z �L N WAS: Luminaires -- Luminaires shall be high pressure sodium type, G.E. M-250 A2 o N Power/door Luminaire cutoff optics with integral ballast, and P.E. receptacle, Z U N wattage as directed, wired for 240 volt operation, and as directed by the °o 0 Engineer, or approved equal. t 1° U °D U N ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. TWO AT TIM BOTTOM .` c OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE PLANS > N AND SPECIAL PROVISIONS. m ° Q o v BY: G DATE: 7 Z E ROBERT G. 81 ENBEISZ, R.C.E. City Engineer a ADDENDUM NO.TWO PLANS AND SPECIAL PRO 7i h. . 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Martin, Shane APPOINTMENT(Part-Time/Non-Career): p Security Guard,Range PT, Step 1, $12.00/hr., J W Benefits: Medicare,Unemployment=minimal cost; z z O Elf: 6/5/12. Co w a PUBLIC WORKS N 0 N 2. Robinson Jr.,Jackie APPOINTMENT(Part-Time/Non-Career): o Electrician I,Range PT,Flat Rate, $19.79/hr., N Benefits: Medicare,Unemployment=minimal cost; E E U ai Q Updated: 5/31/2012 by Kelli Bruhl Pace 7J.f a 1847 v Eff: 6/6/12. ;u U) 3. Kellingsworth, Karen APPOINTMENT:Departmental Accounting w d Technician,Range 1370,Step 11, $3098/mo., ._ Eff; 6/6/12. °n T m Salary: $37,176 w Benefits: $15,847 > �m Total: $53,023 ac`, a m INTEGRATED WASTE FUNDS: NO ACTIONS ° m N N T FEDERAL FUNDS: NO ACTIONS c d SUDDOI'tlnC DOCUluent6: .o a c d I U d W d C O 0) C S N Z O U U Q J W 2 Z O N K al a. N N O N V O b O N C d E I U d Q gIy�awSpS -, as ❑ndatexl• 5/1 l/2n 17 by Kelli Amhl DOC ID: 1621 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION 6 Personnel �. N From: Kelli Bruhl M/CC Meeting Date: 03/05/2012 w c 0 Prepared by: Leticia O.Briggs,(909) 384- S 5248 rn T Dept: Civil Service Ward(s): All w r Subject: { , A Personnel Actions-Classified E a Financial Impact: < Motion: Approve and ratify the classified personnel actions, as submitted by the Chief m Examiner, in accordance with Civil Service rules and Personnel policies adopted v by the Mayor and Common Council of the City of San Bernardino. > N CERTIFICATION BY CIVIL SERVICE CHIEF EXAMINER: I hereby certify that the ,N CLASSIFIED Personnel Actions listed below and numbered as item 1 through 12 conform N with all personnel policies adopted by the Mayor and Common Council and are in conformance o with all administrative regulations of the City of San Bernardino. o a c GENERAL FUND: d w NAMEIDEPARTMENT REOUESTED ACTION N 0 3 rn c PARKS.RECREATION& x m COMMUNITY SERVICES o U Q J 1. Sanders, Mark APPOINTMENT(Part-Time/Non-Career): z z 2. Seccombe,Thomas Grounds Worker,Range PT,Step 1, w $8.00/hr.,Benefits: Medicare,Unemployment= N a minimal cost;Eff: 3/6/12. 0 ci 0 3. Merriam,Amber APPOINTMENT(Part-Time/Non-Career): d E L U A a Updated:3/1/2012 by Linda Sutherland w 3 »749 E, x+ 1621 4. Neighbarger,Ashley Lifeguard,Range PT,Step 1,$9.55/hr., d N 5. Nicholl,Taylor Benefits: Medicare, Unemployment= 0 Vi C 6. Vasquez, Isaiah minimal cost;Eff: 3/7/12. 0 N T O) 7. Dickerson, Adriene APPOINTMENT(Part-Time/Non-Career): d c w Lifeguard,Range PT, Step 3, $11.20/hr., Benefits: Medicare, Unemployment= d a Minimal cost; Eff: 3/6/12. m 2 'v m 8. Harding,Nathan APPOINTMENT(Part-Time/Non-Career): w N rn 9. Rosecrans, Justin Senior Lifeguard,Range PT, Step 2, c $12.15/hr.,Benefits: Medicare,Unemployment= .0 N O minimal cost;Eff. 3/7/12. a c M u v PUBLIC WORKS w 3 10. Krohne,Jerry APPOINTMENT(Part-Time/Non-Career): c x 11. Russell,Darick Electrician I,Range PT, Flat Rate,$19.79/hr., z 0 Benefits: Medicare, Unemployment=minimal v cost; Eff: 3/7/12. w Z Z 0 to w w CL N COMMUNITY DEVELOPMENT N N O N O 12. Valdez, Stephanie APPOINTMENT(Part-Time/Non-Career): ° m E r u m Q Updated:311/2012 by Linda Sutherland 7.J.g 1621 Office Assistant,Range PT, Step 13, N $14.93/hr.,Benefits: Medicare,Unemployment = N C Minimal cost; EfE 3/6/12. 4 ._ 0 N T O INTEGRATED WASTE FUNDS: NO ACTIONS d c W d c FEDERAL FUNDS: NO ACTIONS d Suivortina Documents: m Z :2 m N N m N c O .0 O CL c @ u a w N_ O 3 F W C S N Z 0 F U Q J W 2 Z O N C W a N O N N O M O N1 C N L U SO Q i Updated:3/1/2012 by Linda Sutbedand }° Joint Regular Meeting SUMMARY January 9, 2012 7. Public Hearings to be Heard at 4:00 p.m. in A. City Manager m c 0 RES-20124 Resolution of the Mayor and Common Council of the City of San ._ Bernardino Amending the 2011/2012 Housing and Urban Development Action Plan to c Augment the City's Streetlight Repair/Replacement Project (#Ol) and Provide Additional rn Public Service Funds to the Legal Aid Society of San Bernardino (#02) and Authorizing `v the Finance Director to Transfer Funds Within the Fiscal Year 2011/2012 Budget. w 0 Mayor to open the hearing... .`>> o Motion: Close hearing and adopt Resolution. a R 2 a A N N a B. Community Development r An Ordinance Deleting Amendment MC 1356 and Amending Chapter 19.06, Table 06.01, List of Permitted Uses, in Chapter 19.06 of the Municipal Code (Development d Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development m Agreement,with an Auditorium of 3,000 Sq. Ft.or Less and 200 or Fewer Seats,with No Limit of the Number of Screens in Any Theater Complex (DCA I1-11). (FIRST o READING) N 0 Mayor to open the hearing. . . w LU No Action Taken 0 Motion 1: Close hearing and lay over Ordinance approving Development Code Z Amendment No. 11-11 and Development Agreement No. 11-02 w concurrently; x U OR m Approved a Motion 2: Close hearing and lay over Ordinance approving Development Code cvi Amendment No. 11-I1, adding the following language to the footnote 2 of Table 06.01: "Project with any single theater (regardless of others) having. . ." $ of 0 0 r c E E L u m Q Mayor and Common Council of the City of Son Bernardino Page 11 Printed 1111/2012 `P.agket f+'g,`1554,. Sir RESOLUTION (ID# 1478) DOC 1D: 1478 d CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing w `0 From: Charles McNeely M/CC Meeting Date: 01/09/2012 c PV S Prepared by: Brandon Mims, (909) 384-5122 0 pp 1 ( 0°t7 (! / 0 � 0 I v Dept: City Manager Ward(s): All � �O' � poo w` Subject: R Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2011/2012 Housing and Urban Development Action Plan to Augment the City's Streetlight a Repair/Replacement Project(#01) and Provide Additonal Public Service Funds to the Legal Aid m Society of San Bernardino (#02) and Authorizing the Finance Director to Transfer Funds Within 'v the Fiscal Year 2011/2012 Budget. j Financial Impact: N None; the total amount being reprogrammed($210,000) is the result of savings from tasks that were completed under budget and/or tasks that were scheduled to be contracted out but will be performed in-house. Mayor to open the hearing... Ix r Motion: Close hearing and adopt Resolution. m d Synopsis of Previous Council Action: n There have been no previous actions or changes to the City's Housing and Urban Development N (HUD) Action Plan this fiscal year. However, in accordance with HUD guidelines, on ° December 19,2011, staff recommended and Council scheduled a public hearing for today's date N to allow the public to comment on the proposed changes to the 2011/2012 HUD Action Plan, to which are detailed below. At the conclusion of today's hearing, staff requests that Council approve the attached Resolution. w Background: _ The City of San Bernardino is proposing to amend its Fiscal Year 2011-2012 HUD Action Plan, 2 specifically its Community Development Block Grant Program (CDBG), to reprogram funds in from savings in General Program Administration to the following activities: U U N From: Amount: To: Amount: S General Program Administration- $20,000 Public Services-Emergency $20,000 4 Long Range Planning Legal Services(Legal Aid 0 (Community Development Society of San Bernardino) General Program Administration- $190,000 City Projects - Street light $190,000 E z 0 m x Updated: 1/5/2012 by Mayra Ochiqui d d 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF o SAN BERNARDINO AMENDING THE 2011/2012 HOUSING AND URBAN a 2 DEVELOPMENT ACTION PLAN TO AUGMENT THE CITY'S STREETLIGHT o REPAIR/REPLACEMENT PROJECT (#01) AND PROVIDE ADDITONAL PUBLIC 3 SERVICE FUNDS TO LEGAL AID SOCIETY OF SAN BERNARDINO (#02) AND N AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS WITHIN THE r 4 FISCAL YEAR 2011/2012 BUDGET 5 w` NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF m > 6 SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER, AS c 7 FOLLOWS: « a a 8 0 9 Section 1. The information set forth in the above Recitals of this Resolution is true and o ° 10 correct. N N 11 Section 2. The 2011/2012 Action Plan is hereby amended, subject to the approval o 1 the Housing and Urban Development Department, such that the Street Light Installation ° 'a Activity amount is increased by $190,000, from a total of $132,900 to $322,900 and the 3 2011/2012 Fiscal Year Budget is amended as follows to provide for the aforementioned d 14 changes: m 15 Amount: From Account Number: To Account Number; New Budeet: y a 6 $190,000 119-180-5502-2002-0029 119-400-5502-2019-009 $322,900 v 0 17 C N O Q .5 N LU 18 Section 3. The 2011/2012 Action Plan is hereby amended, subject to the approval of ,' 19 the Housing and Urban Development Department, such that the Public Service Project ^ z 20 allocation is increased by $20,000, from $315,000 to$335,000 and the 2011/2012 Fiscal Year o w Budget is amended as follows to provide for the aforementioned changes: � 21 Amount; From Account Number: To Account Number: New Budget: E m 22 $20,000 119-180-5502-2002-0029 119-100-5502-2018-0014 $335,000 u U 23 a N 24 Section 4. This Resolution shall take effect on the date of adoption by the Mayor and 25 Common Council. o 26 27 d 28 u m Q r 7.J.h 1478 m Long Range Planning Repair and Replacement (Community Development (Public Works) N `o Department) TOTAL $210,000 TOTAL $210,000 c 5 0 N In compliance with the Code of Federal Regulations, Title 24, Sections 91.105 and 91.505, "Citizen Participation Plan; local governments," and "Amendments to the Consolidated Plan", ; the City of San Bernardino completed the following steps and made the following determinations w` related to amendment of its current year Action Plan: c d Steps Status Determination I. Determine if an Completed An amendment is necessary because funds are amendment is necessary. being moved from one eligible activity to another v eligible activity (CFR 91.105,505) 2. Ensure the eligibility of Completed Both of the proposed new projects are existing N N the proposed new eligible activities. The proposed changes were projects/Engage Citizen noticed for a period of thirty(30)days. (CFR Participation Plan 91.105,505) 3. Conduct a public Today's Staff is proposing to receive comments on the hearing and formally Action proposed amendments and formally adopt the m adopt changes amendments as part of the current year Action Plan at the January 9,2012 meeting of the Mayor and Common Council. 4. Forward changes to To Be Upon adoption of the amendment, staff will N 0 HUD Completed forward a copy of the amended plan to the City's o Regional HUD Representative. (CFR 91.105,505 J w ce z Recommendation: � Staff recommends that Council conduct the public hearing, which was scheduled on December 19, 2011, and receive public comments (if there are any) on the proposed amendments to the O City of San Bernardino's 2011-2012 Housing and Urban Development (HUD) Action Plan. At m the conclusion of today's public hearing, staff requests that Council approve the attached a Resolution amending both the City's HUD 2011/2012 Action Plan and the 2011/2012 Fiscal Year Budget. L) N O N City Attorney Review: c 0 Su000rtine Documents: reso 1478 (PDF) c v E s U A Q Updated: 1/5/2012 by Mayre Ocbiqui Pg.1557 v d 1 RESOLUTION NO.� o N 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF c SAN BERNARDINO AMENDING THE 2011/2012 HOUSING AND URBAN 3 DEVELOPMENT ACTION PLAN TO AUGMENT THE CITY'S STREETLIGHT N 4 REPAIR/REPLACEMENT PROJECT (#01) AND PROVIDE ADDITONAL PUBLIC SERVICE FUNDS TO LEGAL AID SOCIETY OF SAN BERNARDINO (402) AND u 5 AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS WITHIN THE we FISCAL YEAR 2011/2012 BUDGET > 6 n, m 7 WHEREAS, in 1974, the Housing and Community Development Act, which was c c G v 8 passed by the United States Congress and signed into law, created the Community o Development Block Grant (CDBG) Program, in which the City of San Bernardino is a = 9 9 Participating Jurisdiction and receives an annual formula allocation of funds under the CDBG m N M 10 program to be utilized to benefit low and moderate income neighborhoods and persons and o N R 11 aid in the prevention and elimination of slum and blighted conditions which fits with the o 12 City's objective of providing a viable urban community through decent housing, suitable 13 living environment and opportunities; and E REAS, the City of San Bernardino has determined that, to better serve E a 15 community development needs of its residents, amendments to the planned use of CDBG n funds between eligible activities is necessary,r specifically that $190,000 should be 16 C. N reprogrammed from General Program Administration to Street Light Installation-IND N 17 $20,000 should be reprogramed from General Program Administration to Public Servic )-.o m v0i > w Projects(Legal Aid Society of San Bernardino);and m Z 19 a pro s a mints ere y t e epartment of Housing v EE a 20 and Urban Development (HUD) and certain actions relating to the program are governed by °w = d 21 that entity, including those relating to amendment to the City's planned use of CDBG funds; c; j 22 and E in a L WHEREAS, the City of San Bernardino has followed the steps set forth by HUD to x v 23 Q 24 amend its plan by placing the proposed changes on public review for a period of(30)days and S holding a public hearing to receive public comments on the proposed changes. `� 25 9 26 27 d E 28 U A Q 7J:h v m RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF I SAN BERNARDINO AMENDING THE 2011/2012 HOUSING AND URBAN w 2 DEVELOPMENT ACTION PLAN TO AUGMENT THE CITY'S STREETLIGHT o REPAIR/REPLACEMENT PROJECT (#01) AND PROVIDE ADDITONAL PUBLIC 2 3 SERVICE FUNDS TO LEGAL AID SOCIETY OF SAN BERNARDINO (402) AND o AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS WITHIN THE (n 4 FISCAL YEAR 2011/2012 BUDGET m 5 w c j 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a c 7 o v Common Council of the City of San Bernardino at a meeting a 8 v 9 thereof,held on the_day of 2012,by the following vote,to wit: c a m > 10 Council Members: AYES NAYS ABSTAIN ABSENT N 11 MARQUEZ _ 12 a JENKINS a � 13 E p 14 BRINKER E J Q d 15 SHORETT 0 v N 16 KELLEY " N � o 17 JOHNSON •2 o y N 18 MCCAMMACK z 19 z a � 20 $ w x 21 Rachel G. Clark, CMC,City Clerk u C J 22 The foregoing resolution is hereby approved this day of 2012. z d u U 23 a N 24 Patrick J.Morris,Mayor $ 25 City of San Bernardino 0 Approved as to form: o 26 JAMES F. PENMAN, 27 City Attorney d L 28 By: u m Q 7.J.h ORDINANCE(H)# 1469) DOC ID: 1469 d CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION m Public Hearing ; N From: Margo Wheeler M/CC Meeting Date: 01/09/2012 0 0 Prepared by: Aron Liang,(909)384-5057 N T m Dept: Community Development Ward(s): All w d Subject: R An Ordinance Deleting Amendment MC 1356 and Amending Chapter 1 .06, T e 06.01, List d of Permitted Uses, in Chapter 19.06 of the Municipal Code (Developmen Co e),to Permit New a Movie Theaters Not Otherwise Exempted by a Development Agreement, ith an Auditorium of 3,000 Sq. Ft. or Less and 200 or Fewer Seats, with Na Limit of the N her of Screens in Any Theater Complex(DCA 1 I-11). (FIRST READING) > Financial Impact: N None Mayor to open the hearing.. . Motion 1: Close hearing and lay over /aovin�g velopment Code Amendment No. I 1-I 1 and Developmen oncurrently; Motion 2: Close hearing and lay over velopment Code Amendment 2 No. 11-I1. n N Synopsis of Previous Council Action: ° 06101/09 Mayor and Council accep d and endorsed the Downtown Core Vision/Action Plan w and directed staff to proc d with its implementation. r 05/02/11 Mayor and Common ouncil approved Development Code Amendment (DCA) No. re 11-01 (MC 1356)t t amended Table 06.01,List of Permitted Uses, in Chapter 19.06 w of the Developme Code, Commercial Districts, to permit movie theaters of four or = more screens su lect to a Conditional Use Permit in the downtown Main Street L) Overlay Distric co a Owner/Applicant: Representative: San Bernardino Econo c Development Lewis Brisbois Bisgaard& Smith LLC Corporation 650 East Hospitality Lane, Suite 600 0 201 North"E"Street,Ste. 301 San Bernardino, CA 92408 San Bernardino, CA 92401 9 a Background: The San Bernardino Economic Development Corporation (EDC) proposed Development Code Amendment (DCA) No. 11-I1 to support its efforts to revitalize Downtown San Bernardino in r U A Q Updated: 1/4/2012 by Linda Sutherland Packet Pg. 1560 7.J.i Joint Regular Meeting SUMMARY December 5, 2011 N L J d d N O N C O T. Public Works 0 N T That the Mayor and Common Council Authorize the Finance Department to Amend the ° FY 2011-12 Adopted Budget to Enhance the Street Lighting Project. w Motion 1: Authorize the Director of Finance to amend the FY 2011-12 Public Works > budget to enhance the Street Light Project;add two additional Electrician I positions, Range 1410, $3,431-$4,170 per month; increase the part-time ` budget by$50,000; and authorize the Director of Finance to amend the FY 2011-12 budget as indicated in order to re-light the City of San Bernardino's inoperable lights by June 30,201-12012. v m N N W U W O a` m c 6. Public Hearings to be Heard at 4:00 p.m. a J d A. Human Resources d ti Impasse Hearing-San Bernardino Fire Safety Employee Negotiations Motion: Table. m N O N II C d E Q 0 N N O N O C d E L U R! Q Mayor and Common Cotmaifofdw City of San Bemardino Page if Printed 21142012 Packet Pg. 1561 DOC ID: 1433 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION w �.✓ Budget Amendment m J From: Nadeem Majaj M/CC Meeting Date: 12105/2011 Prepared by:Javier Ochiqui,(909)384-5140 c 0 Dept: Public Works Ward(s): All 5 0 to Subject: rn That the Mayor and Common Council Authorize the Finance Department to Amend the FY 2011-12 Adopted Budget to Enhance the Street Lighting Project. l Financial Impact: m Public Works has estimated the full cost of this street lighting project to be $690,000,which includes the costs for additional staffing,materials and supplies,and contractual services. a Funding in the amount of$251,800 is remaining in the Public Works budget,which can be used for street lighting. If approved,City staff will initiate the process to reallocate$190,000 in CDBG funds for this effort and will continue to seek$248,200 in funding from other funding > sources. N N Motion 1: Authorize the Director of Finance to amend the FY 2011-12 Public Works budget to enhance the Street Light Project; add two additional Electrician I positions, Range 1410, $3,431-$4,170 per month; increase the part-time budget by $50,000; m and authorize the Director of Finance to amend the FY 2011-12 budget as a indicated in order to re-light the City of San Bernardino's inoperable lights by June 30,2011. - t rn J Synopsis of Previous Council Action: m d On April 18, 2011, the Mayor and Common Council added two full-time and established two to / part-time Electrician I p2sitions within the Public Works De a for Pro ram 0092 Street 9 VVV light maintenance). in N Background: 0 N As a result of an increase in copper wire theft and an overall reduction in funding for the street lighting maintenance despite the recent personnel additions, the City of San Bernardino (City) has E ✓ experienced a significant decline in available lighting along its streets. Consequently, the City's a residents and administration have become increasingly concerned about the reality that this City is growing darker each day. The decline in street lighting throughout the City increases the probability c° of more crime, blight, and costs to the already challenged City resources. This situation directly o impacts public safety and further challenges the City's efforts to attract new businesses and residents. c For several decades, the City had maintained approximately half of the 14,200 street lights. E L V N a Updated: 12/1/2011 by Andrea Travis-Miller Packet Pg. 1562- 1433 Southern California Edison, Caltrans, and private parties operate the remainder of the street lights. z A recent City-wide survey of the City's lighting identified the current number of inoperable lights to m be approximately 2,700. Approximately 2,100 of the inoperable tights are City-owned and will need to be repaired by City staff and/or an outside contractor. T N In Fiscal Year 2007-08,the City was able to adequately maintain the street lighting system by a team a of eight electricians. However, due to the downturn in the economy and the resulting fiscal challenges, in-house electrical maintenance services were terminated, and the electrical section's c staff were transferred out of the division or laid off. Subsequently, a private contractor was hired. 3 The contractor's budget was limited and the firm provided only two electricians to service the whole H City. This reality, compounded with a dramatic increase in copper wire thefts, further plunged the City into darkness. To address this issue in part, the contract was terminated earlier this year and two electricians were transferred from other Public Works divisions to work on the street lights. While w the small number of electricians has done an outstanding job, the team has not been able to service the whole City. On April 18, 2011, the Council approved the addition of two full-time electrician positions to backfill transferred employees and the addition of two part-time electrician positions in July,resulting in four positions dedicated to street lighting repairs. / a 1/ m o A er expe 1 e the repairs, on June 9, 2011, Public Works advertised a Request for Proposal v (RFP) for the re-tamping of 200 street lights. Four firms were notified and two submitted bids. The contract was awarded to a local firm for an amount not to exceed$25,000. To date,the company has accomplished a significant amount of the repairs and has submitted their final invoice, which is currently being reviewed by the department's Administration Division to ensure the completion o the contractor's work. v m 'o Considering the seriousness of the City's lighting challenge, the City Manager directed the Public a Works Department to prepare a plan to reach normal lighting conditions by the end of the current c fiscal year. Public Works has evaluated the resources required to achieve this goal and concluded rn that a minimum of two additional (full-time) electricians would be needed, in addition to the issuance of a Request for Proposal for contractual services for City-wide electricaUlighting repairs. w It is the City's intent to contract services to replace/repair 1,000 lights and the remaining 1,100 N inoperable lights would be repaired by City staff. Public Works also plans to add four temporary i5 Extra Heavy Relief Laborers to place the concrete security measures in electrical vaults as part of the v wire protection efforts. m' N In order to complete this street lighting project by June 30, 2011, Public Works determined funding in the amount of $690,000, which includes additional staffing, materials and supplies, and N contractual services, is needed. This total amount of funding is not currently available in the Public c Works Department's budget and would have to be reallocated from other projects or obtained E through alternative funding sources. Currently, Public Works has $251,800 remaining in the a departmental budget which can be used toward the street light repair project. The City Manager's o Office has identified $190,000 in Community Development Block Grant(CDBG) funds which may N be reallocated from Community Development and earmarked for General Program Administration c costs including strategic and long-range planning. If Council approves this reallocation, the remaining amount needed to complete the street lighting project would be$248,200. c If the Council is interested in pursuing the reallocation of the $190,000 in CDBG funds presently E u m Updated: 12/1/2011 by Andrea Travis-Miller IIIIIII - Packei`Pg. 1563 1433 allocated to Community Development, a public hearing on the proposed reallocation would be w required. Additionally, the City would be required to amend the Department of Housing and Urban Development (HUD) approved CDBG Annual Action Plan. To amend the Plan, the following steps m are needed: � I. The City must ensure eligibility of the new activities; n 2. Engage its Citizens Participation Plan which requires a period of not less than 30-days to m receive comments (Public Comment) on the substantial amendment before the amendment is c implemented; ._ 0 3. Adoption,following the receipt and review of the public comments, by the City Council. w T R Assuming the Council directs that the$190,000 in CDBG funds be reallocated for street lighting, w` an additional $248,200 would be required to fund this effort. City staff is in the process of requesting financial support for this project from other agencies including EDA and IVDA and additional information on these efforts will be provided at this evening's meeting. w Q m Suouortine Documents: > 'v m N N Q7 U d O M m c L J d d N d Ol a m N O N 'O C R E Q O N N O N W C E E L O R Q Updated: 12/112011 by Andrea Travis-Miller ;1 21. Continued. Approved MOTION: That said resolution be adopted. Adopted 2011-141 rn J 22. Resolution of the City of San Bernardino approving Cooperative Agreement No. 2 C 1115 with San Bernardino Associated Governments (SANBAG), and the City y of Colton for design, right-of-way acquisition and construction of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) (SS O4-51). (See c Attached) (No Cost to the City)(Resolution not available at time of printing.) c Ward 3 0 N T Approved MOTION: That said resolution be adopted. w` Adopted 2011-142 23. Item deleted. C a 24. Resolution of the City of San Bernardino approving Amendment No. 3 to the 3- m Year Capital Improvement Program (2007-2010), Amendment No. 2 to the 6- '- "v Year Capital Improvement Program (2009-2015) and Amendment No. 1 to 5- Year Capital Improvement Program (2010-2015) for Measure I Local N Expenditures. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards Approved = MOTION: That said resolution be adopted. Adopted 2011-143 w LU 25. Item deleted. w a v END OF CONSENT CALENDAR M a COMMITTEE CONSENT 0 N Human Resources Q y Recommended for aooroval at the Personnel Committee meeting of June 9 w 2011 -Committee Members Present: Johnson Brinker Marquez 26. Update of job descriptions for the Community Development Department. (See N Attached)(No Cost to the City) All Wards 0 Approved MOTION: That the job descriptions be approved as proposed. m Human Resources L v m x a 17 06/20/2011 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION y t rn From: Nadeem Majaj,Director Subject: Resolution approving Amendment No. 3 to the 3-Year Capital m Dept: Public Works-Engineering Improvement Program (2007-2010), Amendment No. 2 to the 6-Year N Date: May 31,2011 Capital Improvement Program(2009- w 2015) and Amendment No. 1 to 5- o Year Capital Improvement Program (2010-2015) for Measure I Local 2 Expenditures. a rn File No. 6.44-2 MCC Date: June 20,2011 `m c w Synopsis of Previous Council Action: N 10/04/10 Resolution No. 2010-340 adopted approving the 5-Year Measure I Capital Improvement > Program for FY 2010-201 S. 06/21110 Resolution No. 2010-214 adopted approving Amendment No. 1 to the 6-Year Measure 1 Capital Improvement Program for FY 2009-2015. Q 10/05/09 Resolution No. 2009-335 adopted approving the 6-Year Measure I Capital Improvement Program for FY 2009-2015. 11/12/08 Resolution No. 2008425 adopted approving Amendment No. 2 to the 3-Year Measure 1 -O m Capital Improvement Program for FY 2007-2010. > 06/21/08 Resolution No. 2008-122 adopted approving Amendment No. 1 to the 3-Year Measure I a Capital Improvement Program for FY 2007-2010. m 10/01/07 Resolution No. 2007412 adopted approving the 3-Year Measure 1 Capital Improvement Program for FY 2007-2010, F x Recommended Motion: J Adopt Resolution. w Signatu F rn a Contact person: Robert Eisenbeisz,City Engineer Phone: 5203 v M V Supporting data attached:Staff Report,Amend#1,2,3&Reso Ward: All 0 FUNDING REQUIREMENTS: Amount: N/A N O rn Source: (Acct.No.) w K (Acct.Description) 0 N Finance: ° N V7 Council Notes: ° of c d E r Agenda Item No. z CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION y STAFF REPORT m J Subject: w Resolution approving Amendment No. 3 to the 3-Year Capital Improvement Program(2007- N 2010),Amendment No. 2 to the 6-Year Capital Improvement Program(2009-2015)and Amendment No. I to 5-Year Capital Improvement Program(2010-2015)for Measure I Local c Expenditures. .2 0 Background: in T m In November 1989, voters approved Measure I authorizing San Bernardino Associated c Governments (SANBAG), acting as the Transportation Authority(Authority), to impose a one- m half of one- percent retail transaction and use-tax applicable throughout the county for a period of 20 years beginning April 1, 1990, and extending to March 31,2010. This tax is commonly c known as the %:-cent sales tax. In November of 2004, voters approved an extension of the '/:- cent sales tax for an additional 30 years from April 1, 2010, extending it to March 31, 2040. In Q order to distinguish the two programs, they are now being referenced as Measure 1 1990-2010 m and Measure I 2010-2040. Revenue from the tax can only be used for transportation '- improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance Nos. 89-01 and 04-1 of the Authority. .. N N The referenced ordinances require each local agency to expend funds based on a 5-year Measure I Capital Improvement Program (CIP) and a 20-year Measure 1 Transportation Plan adopted by N resolution. The 5-year Measure I CIP only relates to the expenditure of Measure I funds and F' x each agency is required to update the program annually. The 20-year Measure I Transportation t9 Plan is only required to be amended if it changes. F w As the Measure 11990-2010 Program approached its sunset date of March 31,2010,SANBAG required jurisdictions to submit 4-Year,3-Year and 2-Year Measure I CIP's: However,in lieu of w a 1-Year Program, SANBAG required jurisdictions to submit a 6-Year Measure I CIP for FY a 2009-2015 covering the final year of Measure 1 1990-2010 and the first five years of Measure I v 2010-2040. San Bernardino's 6-year Measure I CIP was approved on October 5, 2009, and a e copy of the Program was sent to SANBAG. 0 As of June 30, 2010, SANBAG returned to requiring the standard 5-Year Measure I CIP. San 0 Bernardino's 5-Year CIP for FY 2010-2015 was approved on October 4, 2010,and a copy of the rn W Program was sent to SANBAG. As of June 30t°of each year,SANBAG audits the City's financial records to insure that Measure N I local pass-through expenditures have been made in accordance with the approved Measure I N CIP. A deficiency report is created and sent to the City Manager, if improper expenditures are c found with a requirement that the deficiencies be promptly corrected. Deficiencies may be repeated if not corrected prior to June 30'h of the following year. O c m E L U A Q 2 Packet Pg.1567 7.J.j CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION m STAFF REPORT-Continued -� v v U) The latest audit conducted as of June 30, 2010, has identified a deficiency that needs to be o corrected by amendment. The deficiency is as follows: C 0 • 3-Year CIP for FY 2007-2010-Measure I funds were expended for repaving projects at 36" ._ Street, Mt. View Avenue, Arrowhead Avenue and Mill Street that were not in the City's Measure I 3-Year N CIP. >, m In addition, the Finance Department has advised Public Works that the following deficiencies w were found in a subsequent follow-up audit in 2010: v • 6-Year CIP for FY 2009-2015 - Measure I funds were spent for street light maintenance E Citywide and this project was not identified in the City's 6-Year Measure I CIP. • 5-Year CIP for FY 2010-2015 - Measure I funds are proposed to be spent on street 4 maintenance and street light maintenance Citywide; however, these projects were not identified in the City's 5-Year CIP. a A Amendment No. 3 to the 3-Year Measure I CIP FY 2007-2010 accomplishes the following: w N • Increase the amount of the repaving for projects on 36'h Street, Mt. View Avenue, Arrowhead Avenue and Mill Street by the amount of $6,464 for a total project cost of in $40,864.00. _ Amendment No. 2 to the 6-Year Measure I CIP FY 2009-2015 accomplishes the following: w to • Establishes a new project for street light maintenance Citywide and allocates $500,000 in N Measure I funds thereby providing a funding source for maintaining the street lighting o. system. M Amendment No. I to the 5-Year Measure I CIP FY 2010-2015 accomplishes the following: • Establishes a new project for street light maintenance Citywide and allocates $500,000 in N Measure I funds, thereby providing a funding source for street light maintenance services 0 N related to the public rights-of--way. w r • Establishes a new project for street maintenance Citywide and allocates$500,000 in Measure I funds, thereby providing a funding source for street maintenance services related to the o public rights-of-way. '7 0 N It is important that these Amendments be approved and submitted to SANBAG before June 30, ° 2011,to avoid them being repeated in a subsequent audit. 0i c v E U U Q 3 Packet Pg. 1568 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued " L al Financial Impact: J d v There is no financial impact related to approval of Amendment No. 3 to the 3-Year Measure I in CIP FY 2007-2010, Amendment No. 2 to the 6-Year CIP (FY 2009.2015) and Amendment No. w 1 to 5-Year Measure I CIP(FY 2010.2015) for Measure I Local Expenditures. The accounting w for these projects was included in the City's FY 2010/11 —2014/15 CIP. o Recommendation: w° T G7 Adopt Resolution. W Attachments: > 1. Resolution 2. Exhibit "A" - Amendment No. 3 to the 3-year CIP for Measure I Expenditures FY 2007 - 2010. 3. Exhibit 'B" — Amendment No. 2 to the 6-year CIP for Measure I Expenditures FY 2009 - 2015. 4. Exhibit "C" - Amendment No. 1 to the 5-year CIP for Measure I Expenditures FY 2010 - 2015. N N Of N H 2 t� J r w w Of N a U M R O N 0 W w Q' 0 N O N O N C d E z m 4 m :� 7.J.) I RESOLUTION NO. 2011-143 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING P AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM a 3 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT 4 PROGRAM (2009-2015) AND AMENDMENT NO. I TO 5-YEAR CAPITAL N IMPROVEMENT PROGRAM (2010-2015) FOR MEASURE I 5 EXPENDITURES. LOCAL y c 0 6 WHEREAS, San Bernardino County voters approved —' Pp passage of Measure ► o (hereinafter known as Measure 1 1990-2010) in November 1989, authorizing San Bern ardino U) 7 Associated Governments (SANBAG), acting as the San Bernardino County Transportation iv Authority, to impose a one-half of one percent retail transactions and use tax applicable in the w` 8 incorporated and unincorporated territory of the County of San Bernardino beginning April 1, 1990,and ending March 31,2010;and, >v 9 c 10 WHEREAS, San Bernardino County voters approved passage of Measure "(^ (hereinafter known as Measure 12010-2040) in November 2004, authorizing SANBAG, acting m I I as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the m 12 County of San Bernardino beginning April 1,2010,and ending March 31, 2040;and, .. 13 WHEREAS, revenue from the tax can only be used for transport ation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 14 Nos. 89-01 and 04-1 of the Authority;and, N x 15 WHEREAS, said Expenditure Plans require each local jurisdiction receiving revenue r J from the tax to expend those funds pursuant to a Five-year Capital Improvement Program and ae z 16 Twenty-Year Transportation Plan adopted by resolution of the local jurisdiction;and, 17 y WHEREAS,due to expiration of the Measure 11990-2010 Program on March 31, 2010, 0 18 SANBAG required each local jurisdiction to submit a three-year plan for the last three y ars of e the Measure 11990-2010 covering fiscal years 2007.2010; and, 19 WHEREAS, due to expiration of the Measure 11990-2010 Program on March 31,2010, 20 SANBAG required each local jurisdiction to submit a six-year plan to include the final year of w the Measure 1 1990-2010 and the first five years of the Measure 1 2010-2040 covering fiscal z 21 years 2009-2015; and, 22 WHEREAS,Expenditure Plans of the ordinance also require that each local jurisdiction N 23 annually adopt and update its Capital Improvement Program;and 0 24 WHEREAS, On October 1, 2007, Resolution No. 2007-412 was approved adopting the Three-Year Capital Improvement Program (2007-2010) for Measure "I" Local Expenditure; a 25 and, E e WHEREAS, On April 21, 2008, Resolution No. 2008-122 was approved adopting 2 0 26 Amendment No. I to the Three-Year Capital Improvement Program (2007-2010) for Measure "I"Local Expenditure; and, a Packet�g. 1570- 2011-143 1 AMENp SOLUTION OF THE r 2 (2009- MENT NO, 3 TO CITY OF SAN 2010), AMEND THE 3-YEAR BERN 3 PROGRAM MENT CAPITAL IMP �RDINO APPROVING d IMPROVEM NT 9'2015) AND * 2 TO THE 6-YEAR ROYEMENT PROGRAM n EXPENDITURES, PROGRAM AMENDMENT CAPITAL IMP 4 (2010_2015) FOR TO 5-YEAR OC EMENT y MEASURE APITAL 5 AmendmentEAS, On November LOCAL 6 `I"Local NO 2 to the ber 17, 2008, Resolution N , Expenditure;and face_ 0 2008-425 0 Year Capital Improvement Was a 0 Program PProved ado g 0 7 (2007-2010) for Measure w 8 Six-Year Capital ' On mett0 erro, 2009 09 Resolution No. 2009-335 prove 8mm WHEREAS 2015)for Measure`q"Was approved ado 0 9 Amend REAS Local Opting the E Amendment No, 1 On Jane 21, 2010, Resolution �; and, :.' Local to the Six-Year Capital Improvement 2010-214 10 Expenditure;and, Provement Pro Was approved ad 11 WAE gram (2009-2015)for hl Opting WHEREAS On October q sure "I" Five- l , 2010 m 12 Provement P Resolution No. 2010-340 wa BE IT ro8ram 20]0- )for Measure'q oap roved adopting the ( 2015 13 CITY OF SAN g SOLVED BY T Expenditure• ERNARDINO ASFMAYOR AND 14 OLLO COMMON COUNCIL OF THE X SECTION 1, q WS. _ mendment No. 3 to 15 said Measure "I" Local Three-year Capital apttal improvement Program for z 16 urea. referenced w uj reference hereto in Exhibit "A" and inco ~ as though fully set forth, is y 17 adopted rporated herein by i Bernardino fed as the policy and Q 18 relating to construction Program of of capital the City of San Expenditures. p improvement 19 Projects, using Measure I Local $ 20 SECTION 2. Amendment O No. 2 N 21 Measure to said Six-Year w '`p' Local Capital Improvement X Expenditures, referenced Program for o 22 reference as though fully set forth, is adopted hereto in Exhibit "B"and incorporated herein 23 Bernardino relatin as policy and by c the g to construction of capital Program of the City 24 Expenditures. im of San Provement Projects, using g Measure I Local E 25 SECTION 3. L Amendment ° 26 ent No. 1 to said Five-Year � Measure"I"Local Ex Capital Im Expenditures'referenced Provement Program for d hereto in Exhibit"C"and incorporated herein by P�c1KeYP�..1571 ;< 2011-143 1 RESOLUTION OF THE CITY OF SAN BERNARDINO `"' 2 (2007-2010),ND AMENDMENT 3-YEAR CAPITAL IMPROVEMENT APPROVING t MENDMENT NO. 1 PROGRAM 6 PROGRAM TO THE 6-YEAR CAPITAL IMP J 3 (2009-1015) AND AMENDMENT NO. 1 TO g_ ROVEMEIYT d IMPROVEMENT PROGRAM (2010-2015) FOR YEAR CAPITAL 4 EXPENDITURES. MEASURE I LOCAL o 5 reference as thou `^ 8h fully set forth, is adopted as the policy and ro r P gam of the City of San 6 Bernardino relating to construction of capital improvement projects, using Measure ( Local m N 7 Expenditures, a d c g LU 0 > 9 m c 10 a Il Z v 12 > N 13 ,N 14 F s 15 � J H 16 w rr 17 O1 a 18 U M d 19 0 N 20 p N W 21 22 $ O N 23 0 24 O c d 25 r v 26 a 2011-143 7.J.j 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 TO THE 3-YEAR CAPITAL IMPROVEMENT PROGRAM 2 (2007-2010), AMENDMENT NO. 2 TO THE 6-YEAR CAPITAL IMPROVEMENT rn PROGRAM (2009-2015) AND AMENDMENT NO 1 TO 5-YEAR CAPITAL J 3 .IMPROVEMENT PROGRAM (2010.2015) FOR MEASURE I LOCAL 4 EXPENDITURES. in 0 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 4 6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th 0 N 7 day of .tune 2011,by the following vote, to wit: rn v g Council Members: AYES NAYS ABSTAIN ABSENT c w v 9 MARQUEZ x "c 10 VACANT a I1 BRINKER x > 12 -- SHORETT x .. 13 KELLEY x 14 w JOHNSON x = 15 X - MCCAMMACK 16 w — w 17 v 18 City Clerk v 19 The foregoing resolution is hereby appro ved this _day of June N 20 2011. W 21 22 P ' J. Morris,Mayor c° City of San Bernardino r 23 Approved as to Form: � 0 24 JAMES F.PENMAN, O City Attorney m 25 E r 26 By: a PacketPg. 1573 «� ? «� mwa LLI !! R 2f| � E § § | � k � ■ ` - . { E ° | ■ / ■! � 3 t § \ | � |k / ) LLI LLI it co IL En ui | ! | ! § 2 - � / \ / ) ; ! ! _ \ | & $ } mma ? y< } - Ir - k � B 0 |� \ | || � \ § � | ■ 2 | � � | - � | |r ) § _ o F ! ) ■ | ) \ � � k m»m 2 | | - ƒ) £B } | | - §2 \ LU | | : � � | �■ } ) � § \ | � \ � � o � ` ! ! ! ) | � f ■ \ # � ! ; | � , � 7.J.k 5 DREAM THE STARTUP EDITION It takes something special to run young companies, and these players have it.They may not be corporate, o m but they're all major-league talents. S 0 rn T N W d > C ? d CEO HUGH MARTIN CFO GIDEONYU CMO JENNIFER HYMAN a CEO,Pacific Biosciences Chief Strategist,San Francisco 49ers CEO,Rent the Runway Martin,57,has management chops. Yu,92.knows how to raise big money Young companies,especially consumer- `ci and he's successfully taken two (when he was CFO at Faeebook,he facing ones,need a promoter like companies—in different industries— helped persuade Microsoft to invest Hymen.31,who has generated incred- public.He steered telecom-gear maker 5375 million)and negotiate acquisi- ible buzz for her company,a sort of w ONI Systems IP0 in 2000 and Pacific tions Lee a finance SVP at Yahoo,he Netflix for designer gowns.Her prior Biosciences'public offering in 2010.And bought Flair and del.icio.us).But good experience at lMG and Starwaod gives he"a a founder of ONl,so he under- luck dislodging him from his dream job your startup dream team cred with - standstheentrepreneudalmentality. in the 49e,5 front a vice. would-be customers and partners. m t m C _ 2 O W U a m u COOSHERYLSANUOERG LEAD ENGINEER MAXLEVCHIN RECRUITER MARTHAJOSEPHSON r CBB,Facebark IT of Engineering,Single Partner,Egan Zehndednternational Q Sandberg,42,deserves credit for turn- Su re.nontech startups may not need Fmm her perch as heed of Egon Ing founder and CEO Mark Zuckerbarg's an engineer.but what executive team Zehnder's Internet and media brilliant idea into a revenue-generating wouldn't want a high-energy entre- practices.Josephson has seen It all— @ business.She's also Ober connected, preneur like Levchin?The 36-year-old including plenty of hiring missteps— m hosting group dinners at her home fee- cofounded PayPal[now part of e8ayj and would help upstarts think p` turing Rupert Murdoch,Meg Whitman, and Slide,which Single acquired more globally,given her experience 0 and Velerle Jarrett.Any company would 2010.He's an innovator-m-chiefwho conducting searches for international u he lucky to nab her—and her Rolodex. could help disrupt the incumbents. clients and newhies alike. v c BOARD KEVIN PLANK,BILLCAMPBELL,MELLOOYHOBSON t 0 At many startups,the biggest name is not actually an employee but a wizard behind the curtain.He could be a former startup founder.a C-Suita consultant. w or even an investor.If we had our pick,we'd want:Kevin Plaok,39,Under Armour c founder and bigtime supporter of entrepreneurs;Bill Campbell,71,the farmer r+ Colombia football skipper.Apple board member,and adviser to Gargle and others; o and Mandy Rebuff,42,who sits on the board of Starbucks,Estee Lauder,and OreannWorks and brings sophistication and prestige. e C m 88/FORTUNE September 3,£o77 m Q Packet Pg. 1577 7.J.1 N L P J June 26, 2012 d Patrick J. Morris Mayor—City of San Bernardino 300 N "D" Street San Bernardino, CA 92418 0 U) a Dear Mayor Morris: ° d c w I am the Chairman and CEO of Xeralux Corporation, a designer and manufacturer of Intelligent LED lighting systems. The purpose of my letter is to declare my support for Third Ward Council Member John Valdivia's initiatives in seeking alternative lighting E d solutions for the City of San Bernardino. a John is an active and inspired citizen who has championed the possible implementation of an LED retrofit program for the City's street lights. His proactive approach in working with Xeralux has resulted in an LED retrofit solution that will reduce the City's street light > energy consumption by almost 71%, translating into an annual kilowatt-hour savings of N 9,196,505, with a return on investment (ROI) of 2.5 years. Environmentally, this solution will reduce 14,000,000 Ibs of Carbon Dioxide, 56,000 Ibs of Sulfur Dioxide and 28,000 lbs of Nitrogen Oxide from being released into the atmosphere, as well as eliminating the threat of toxic mercury waste from disposed bulbs. 0 In addition to Councilman John Valdivia's vision for the future of lighting for the City, he has a thorough and deep appreciation for the importance of working with local contractors and California-based companies that are ARRA certified. a M I appreciate your time and look forward to speaking with you soon about your needs. N a N Sincerely, o r Hugh Martin Chairman & CEO A Xeralux Corporation a PacketPgA578 jol suoilniog A6J8u3 angewalitl- e!AIP12A ZZ60 uoileluasaJd luiod aamod E#UOZ-ZO-LO auawgoeUV m E w n o IL m Y U 10 IL h aA p o J W co U ca 06 W 2 U J F= X C6 = co co Q U X .0 c� G m__;ate ___- mm» mQ __©d_d_a >z� o :__v z a � CL E c 0 / E / cu / \ 0 _ : C m o 0 0 k = 2 \ O& \ > > 2 � � c U -k » E 2 2 \ � E 0 c a) / $ � E 7 p / C -= .§ ® # 7 a) .— m 3: E Q p ® E @ e � U) 2 0 2 E 0 ® § 2 J = 0 2 0 = e •5 E = 7 § § k 7 2 e ca. � n b a) � = E I R 7 e m o m o 0 @ % o ƒ } E_ k a 7 S 3 -� n ¥ ¥ 3 R ® 'E % k k :\ / � t -r 4� — c -- Ll- := � I I Icl, F- jol suoilnlog 66i8u3 OAilewalltl- e1A!PleA : ZZ60 uwle4uas8Jd luiod Jamod £#UOZ-ZO-LO auewyoellV .. E m' a M Uc R' Q'r L1. cu O O N M co + a 0 �i co != O O O O U OV O N co a Z a CD co � CD co ca c cu cz - ? 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