HomeMy WebLinkAbout05.X- Public Works RESOLUTION (ID#3011) DOC ID: 3011 D
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 04/07/2014
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the Director of Administrative Services to Amend the FY 2013-14 Budget by
Allocating Previously Unallocated HUTA (Gas Tax) Funds of $30,000 to Account 001-400-
0092-5502 "Professional/Contractual Services", Authorizing the Execution of the First
Amendment to the Agreement with Padcor Corporation and Increasing Annual Purchase Order
2014-420 for an Amount Not to Exceed $83,870 to Padcor Corporation for Repair of Street
Lights. (#3011)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $225,2000
Account No. 527-400-0001-5502
Account Description: Professional/Contractual Services
Balance as of: 3/24/2013 $0
Balance after approval of this item: $30,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
1/6/14 - Reso 2014-7 - The Mayor and Common Council authorized the execution of an
agreement and increase to Annual Purchase Order 2014-420 by $30,000 for an amount not to
exceed $54,870 for FY 13/14 to Padcor Corporation for repair of street lights.
Background:
The Public Works Department, Operations & Maintenance Division, is responsible for
maintaining approximately 7,200 street lights throughout the City. Currently many of the street
lights are not operating due to wire theft and other electrical problems requiring extensive
repairs. In addition, a number of street light poles that have been knocked down need to be
replaced.
Padcor Corporation has closed approximately 36 street light work orders this year. Staff
recommends that the Mayor and Common Council of the City of San Bernardino authorize and
direct the Director of Administrative Services to amend the FY 2013-14 Budget by allocating
previously unallocated HUTA (Gas Tax) Funds of$30,000 to Account 001-400-0092-5502
"Professional/Contractual Services", authorize the execution of the first amendment to an
Updated:4/3/2014 by Linda Sutherland D Packet Pg.398
3011
agreement with Padcor Corporation and increase Annual Purchase Order 2014-420 for an
amount not to exceed$83,870, for repair of street lights.
City Attorney Review:
Supporting Documents:
reso 3011 (PDF)
agrmt 3011 (PDF)
Agreement (PDF)
Reso 2014-7 (PDF)
Updated:4/3/2014 by Linda Sutherland D
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
3 ADMINISTRATIVE SERVICES TO AMEND THE FY 2013-14 BUDGET BY
4 ALLOCATING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS OF
$30,000 TO ACCOUNT 001-400-0092-5502 "PROFESSIONAL/CONTRACTUAL
5 SERVICES", AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT
TO THE AGREEMENT WITH PADCOR CORPORATION AND INCREASING
6 ANNUAL PURCHASE ORDER 2014-420 FOR AN AMOUNT NOT TO EXCEED
7 $83,870 TO PADCOR CORPORATION FOR REPAIR OF STREET LIGHTS.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager and the Director of Administrative Services are
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11 hereby authorized and directed to amend the FY 2013-14 Budget to add previously a
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12 unallocated HUTA (Gas Tax) funds of $30,000 to Account 001-400-0092-5502
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13 "Professional/Contractual Services" for repair of street lights. c
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14 SECTION 2. The City Manager is hereby authorized and directed to execute the First M
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Amendment to the Agreement with Padcor Corporation, a copy of which is attached and M
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incorporated herein as Exhibit "A," in the amount not to exceed $83,870 for repair of street
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18 lights. E
19 SECTION 3. The Director of Administrative Services or his designee is hereby
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20 authorized and directed to increase Annual Purchase Order 2014-420 for an amount not to
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exceed $83,870 to Padcor Corporation which shall reference this resolution and shall
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23 incorporate the terms and conditions of this Agreement.
24 SECTION 4. The authorization to execute the above referenced Purchase Order and
25 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
26 passage of this resolution.
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Packet
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
2 ADMINISTRATIVE SERVICES TO AMEND THE FY 2013-14 BUDGET BY
ALLOCATING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS OF
3 $30,000 TO ACCOUNT 001-400-0092-5502 "PROFESSIONAL/CONTRACTUAL
4 SERVICES", AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT
TO THE AGREEMENT WITH PADCOR CORPORATION AND INCREASING
5 ANNUAL PURCHASE ORDER 2014-420 FOR AN AMOUNT NOT TO EXCEED
$83,870 TO PADCOR CORPORATION FOR REPAIR OF STREET LIGHTS.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting
9 thereof,held on the day of , 2014, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
11 a
12 MARQUEZ
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13 BARRIOS
14 VALDIVIA o
15 SHORETT
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NICKEL
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JOHNSON
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MULVIHILL
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21 Georgeann Hanna, City Clerk
22 The foregoing resolution is hereby approved this day of , 2014.
23
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25 R. CAREY DAVIS, Mayor
City of San Bernardino
26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
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FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH PADCOR
CORPORATION FOR REPAIR OF STREET LIGHTS
This First Amendment to Vendor Service Agreement with Padcor Corporation for
Repair of Street Lights is entered into this 7"' day of April, 2014, by and between West Coast
Arborists, Inc. ("VENDOR") and the City of San Bernardino ("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for repair of street lights; and
WHEREAS, VENDOR was selected through an informal three quote bid process to 0
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install solar powered LED street lights on the Rialto Street bridge and for another project and
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was awarded a contract by the Mayor and Common Council on January 6, 2014 by Resolution
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2014-7, in the amount of$53,870 for FY 13/14 ("Agreement"); and
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NOW, THEREFORE, the parties hereto agree as follows:
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1. Section 2. Compensation and Expenses of the Agreement is hereby amended to increase
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the amount to $83,870. t°
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2. All other terms and conditions of the Agreement shall remain in full force and effect.
Exhibit"A"
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FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH PADCOR
CORPORATION FOR REPAIR OF STREET LIGHTS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: 12014 PADCOR CORPORATION
By:
Its:
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Dated: , 2014 CITY OF SAN BERNARDINO a
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By:
Allen J. Parker, City Manager
Approved as to Form:
GARY D. SAENZ, M
City Attorney r
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By: gA—A4 E
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Exhibit "b A
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2014-7
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VENDOR SERVICE AGREEMENT BETWEEN PADCOR CORPORATION AND THE
CITY OF SAN BERNARDINO FOR STREET LIGHT REPAIRS
This VENDOR Service Agreement is entered into this 6th day of January, 2014, by
and between Padcor Corporation ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino').
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to repair street lights and;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available
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vendors for repair of street lights; and a
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WHEREAS, VENDOR is the lowest bidder to provide said repair of street lights to
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City; and
NOW, THEREFORE,the parties hereto agree as follows: M
1. SCOPE OF SERVICES. d
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For the remuneration stipulated, San Bernardino hereby engages the services of a
VENDOR to provide street light repairs such as, but not limited to, replacement of wire, d
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conduit, lamps,ballasts, photo cells, fuses, luminaires, and complete pole assemblies. a
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!' 2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$53,870 for FY 13/14 for the repair of street
lights.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from January 6, 2014 through June 30,2014.
Exhibit"A"
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2014-7
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of VENDOR, its employees, agents, or o
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subcontractors, relating to or in any way connected with the accomplishment of the work or a
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or
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representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at
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its own expense, including attorney's fees the City, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or Q
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omissions. VENDOR hereby waives any and all rights to any types of express or implied L
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indemnity against the City, its elected officials, employees, agents or representatives, with Q
jl respect to third party claims against the VENDOR relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement.
S. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement.
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the crrvs Risk
Exhibit A
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2014-7
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NONDISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by law. a
7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the �
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment a
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be a
performed hereunder.
S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
Exhibit"A"
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2014--7
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Padcor Corporation
290 South "D" Street
San Bernardino, CA 92401
Telephone: (909)258-5445
Contact: Jason Paden
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9. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of M
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be a
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calculated based on market rate for comparable services. a)
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10. ASSIGNMENT. a
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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!I written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
Exhibit"A"
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2014-7
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature,
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS. 0
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
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and their respective heirs, representatives, successors, and assigns.
11, HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
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convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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15. SEVERABILITY. E
If any provision of this Agreement is determined by a court of competent jurisdiction to <
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
Exhibit"All
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit"A"
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2014--7
VENDOR SERVICE AGREEMENT BETWEEN PADCOR CORPORATION AND THE
CITY OF SAN BERNARDINO FOR STREET LIGHT REPAIRS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated:Jai �� , 2014 PADCOR QW- RATION
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Dated � ��� �. ' , 2014 CITY OF SAN ERNARDINO
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By: --- t0
A111 U. Parker,City Manager °-
Approved as to Form:
Gary D. Saenz, City Attorney
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Exhibit "A"
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RESOLUTION NO. 2014-7
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE
3 AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 2014-420 BY
4 $30,000 FOR AN AMOUNT NOT TO EXCEED $53,870 FOR FY 13/14 TO PADCOR
CORPORATION FOR REPAIR OF STREETLIGHTS.
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a Vendor Service Agreement, a copy
9
of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully 0
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as though set forth at length.
12 SECTION 2. That pursuant to this determination the Director of Administrative
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13 Services or his designee is hereby authorized to increase Annual Purchase Order 2014-420 by
14 $30,000 for an amount not to exceed $53,870 for FY 13/14 to Padcor Corporation for repair M
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of street lights. N
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17 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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18 read, "Padcor Corporation for repair of street lights. Agreement not to exceed $53,870 for FY
19 13/14"and shall incorporate the terms and conditions of the agreement. a
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20 SECTION 4. The authorization to execute the above referenced Purchase Order and
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Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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23 passage of this resolution.
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2014-7
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE
2 AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 2014-420 BY
$30,000 FOR AN AMOUNT NOT TO EXCEED $53,870 FOR FY 13/14 TO PADCOR
3 CORPORATION FOR REPAIR OF STREET LIGHTS.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the d 6 th ay of January , 2014,by the following vote,to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT Cl
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10 MARQUEZ __x_ a
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JENKINS x
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VALDIVIA
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(' SHORETT x _ M
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16 JOHNSON x _ y
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17 MULVIHILL x
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Georges Hanna, ' y Clerk a
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21 The foregoing resolution is hereby approved this day of January ,2014.
22
23 Patri k J. Mo is,Mayor
24 City o rnardino
25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
27 B
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