HomeMy WebLinkAbout05.S- Public Works 5.S
RESOLUTION (ID # 3567) DOC ID: 3567 F
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Budget Amendment
From: Tony Frossard M/CC Meeting Date: 11/17/2014
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 Finance to Appropriate an Additional $200,000 to Account
No. 126-400-0092-5502 "Professional/Contractual Services" Using Previously
Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget
Accordingly; Authorize the Execution of a First Amendment to the Agreement with
Quality Light and Electrical; and Increase Annual Purchase Order No. 2015-61 for an
Amount Not to Exceed $400,000 for Street Light Repair Services. (#3567)
Current Business Registration Certificate: Yes
Financial Impact:
Appropriate $200,000 from Unallocated HUTA (gas tax) into the Department of Public
Works operations for the purpose of repairing street lights. These funds will be added
to an established purchase order in an amount not to exceed $400,000 for street light
repairs.
Please note this balance does not indicate available funding. It does not include non-
encumbered reccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
03/03/14 Resolution No. 2014-52 was approved, authorizing the execution of an
agreement and issuance of an annual purchase order in the amount of
$200,000 to Quality Light and Electrical for street light repair services.
Background:
The Public Works Department, Operations & Maintenance Division, is responsible for
maintaining approximately 7,200 street lights (approximately one-half of the total street
lights) throughout the City. Currently there are many inoperable street lights due to
copper-wire theft. This contract is part of a larger effort to return the City's street lighting
to a manageable level of operation and repair. As part of the larger effort, the contractor
is augmenting City crews to mitigate the potential disruption of service delivery.
On January 9, 2014, a formal bid process was initiated per RFP F-14-15. Quality Light
and Electrical was determined to be the lowest bidder for street light repair services. On
March 3, 2014, the Mayor and Common Council authorized the execution of an
Updated: 11/12/2014 by Georgeann "Gigi" Hanna F I PacketPg. 344
3567
agreement and issuance of Annual Purchase Order No. 2015-61 in the amount of
$200,000.
Because of the large number of street lights that require repair, additional funds are
needed. Staff is requesting that the Mayor and Common Council authorize the
amendment to the FY 2014-15 Budget by appropriating an additional $200,000 to
Account No. 126-400-0092-5502 "Professional/Contractual Services," using previously
unallocated HUTA (Gas Tax) funds (Fund 126); and authorize the execution of a First
Amendment to the Agreement with Quality Light and Electric, and increase Annual
Purchase Order No. 2015-61 for an amount not to exceed $400,000 for street light
repair services.
City Attorney Review:
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Supporting Documents:
Reso Quality Light and Electrical First Amend (DOC)
agrmt 3567 (PDF)
Reso 2014-52 (PDF)
Vendor Service Agreement (PDF)
Updated: 11/12/2014 by Georgeann "Gigi" Hanna F Packet Pg.345.
5.S.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO
3 APPROPRIATE AN ADDITIONAL $200,000 TO ACCOUNT NO. 126-400-0092-5502
"PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED
4 HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15 BUDGET
ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT TO THE
5 AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL; AND INCREASE ANNUAL
6 PURCHASE ORDER NO. 2015-61 FOR AN AMOUNT NOT TO EXCEED $400,000 FOR
STREET LIGHT REPAIR SERVICES.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE s
8 CITY OF SAN BERNARDINO AS FOLLOWS: J
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SECTION 1. The City Manager and the Director of Finance are hereby authorized L
10 and directed to amend the FY 2014-15 Budget and appropriate an additional $200,000 to c
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Account No. 126-400-0092-5502 "Professional/Contractual Services" for street light repair 'a
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` services from previously unallocated HUTA (Gas Tax) funds (Fund 126). Q
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14 SECTION 2. The City Manager is hereby authorized and directed to execute a First E
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15 Amendment to an Agreement with Quality Light and Electrical, a copy of which is attached U
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and incorporated herein as Exhibit"A", in the total amended amount of$400,000 with two (2)
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one-year extensions at the City's option. rn
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19 SECTION 3. The Director of Finance or his/her designee is hereby authorized and
20 directed to increase Annual Purchase Order No. 2015-61 for an amount not to exceed 0
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21 $400,000, which shall reference this Resolution and shall incorporate the terms and conditions
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22 of this Agreement.
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SECTION 4. The authorization to execute the above-referenced Agreement is Q
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25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
26 Resolution.
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Packet,Pg. 346
5.S.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO
2 APPROPRIATE AN ADDITIONAL $200,000 TO ACCOUNT NO. 126-400-0092-5502
"PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED
3 HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15 BUDGET
ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT TO THE
4 AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL; AND INCREASE ANNUAL
PURCHASE ORDER NO. 2015-61 FOR AN AMOUNT NOT TO EXCEED $400,000 FOR
5 STREET LIGHT REPAIR SERVICES.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Q
and Common Council of the City of San Bernardino at a meeting
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thereof, held on the day of , 2014, by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT ti
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11 MARQUEZ
12 BARRIOS E
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VALDIVIA L
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15 SHORETT
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16 NICKEL W
17 JOHNSON
18 MULVIHILL
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20 Georgeann Hanna, City Clerk
21 The foregoing resolution is hereby approved this day of , 2014.
22 E
23 R. CAREY DAVIS, Mayor a
24 City of San Bernardino
Approved as to form:
25 GARY D. SAENZ
City Attorney
26
27 By.
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Packet Pg. 347
EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
QUALITY LIGHT AND ELECTRICAL FOR
STREET LIGHT REPAIR SERVICES
This First Amendment to the Vendor Service Agreement with Quality
Light and Electrical for Street Light Repair Services is entered into this day of
2014, by and between Quality Light and Electrical ("VENDOR") and
the City of San Bernardino ("CITY"or"San Bernardino').
WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is
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advantageous and in the best interest of the CITY to contract for street light repair
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services; and v?
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WHEREAS, VENDOR was the lowest responsible bidder for street light
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repair services per RFP F-14-15 and was awarded a contract by the Mayor and M
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Common Council on March 3, 2014 by Resolution 2014-52, in the amount of
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$200,000 ("Agreement"); and
NOW, THEREFORE,the parties hereto agree as follows: w
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1. Section 2, Compensation and Expenses of the Agreement is hereby amended to
increase the payment by $200,000 to VENDOR up to an amount not to exceed
$400,000.
2. All other terms and conditions of the Agreement shall remain in full force and
effect.
Exhibit
A
Packet Pg.348
S.S.b
EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
QUALITY LIGHT AND ELECTRICAL FOR
STREET LIGHT REPAIR SERVICES
IN WITNESS THEREOF, the parties hereto have executed the Agreement on
the day and date first above written.
Dated: 52014 QUALITY LIGHT AND ELECTRICAL
By:
Name/Title:
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Dated: , 2014 CITY OF SAN BERNARDINO r
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By: can
Alien J. Parker, City Manager
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Approved as to form: E
Gary D. Saenz, City Attorney
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Exhibit "A"
Packet Pg.349
I RESOLUTION NO. 2014-52
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO (2) ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO QUALITY LIGHT AND ELECTRICAL
4 FOR STREET LIGHT REPAIR SERVICES.
5 WHEREAS, Quality Light and Electrical was determined to be the lowest bidder for
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7 the street sight repair services.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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to SECTION I. The City Manager of the City of San Bernardino is hereby authorized a
lI and directed to execute on behalf of said City a Vendor Service Agreement between the City
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12 of San Bernardino and Quality Light and Electric, a copy of which is attached hereto, marked a
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Exhibit"A",and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. That pursuant to this determination the Director of Administrative LO
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Services or his designee is hereby authorized to issue an annual purchase order to Quality IRt
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17 Light and Electrical in the amount of$200,000 with two (2) one-year extensions at the City's 0
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18 option.
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
20 read, "Quality Light and Electrical for street light repair services. Agreement not to exceed Q
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$200,000" and shall incorporate the terms and conditions of the agreement.
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23 SECTION 4. The authorization to execute the above referenced Purchase Order and
24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
25 passage of this resolution.
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2014-52
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO (2) ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION TO QUALITY LIGHT AND ELECTRICAL
3 FOR STREET LIGHT REPAIR SERVICES.
4 1 I4EREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting
6
thereof,held on the 3xd.day of Mar,b , 2014,by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ _ x a
10 BARRIOS X _
11 M
VALDIVIA x
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13 SHORETT _ x co
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14 NICKEL x U7
15 JOHNSON _ x
16 MULVIHILL x N
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19 George ; " anna, Clerk
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20 The foregoing resolution is hereby approved this `7 day of March ,2014. Y
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22 R. CAREY D PIS,Mayor
23 City of San Rernardino
24 Approved as to form:
25 GARY D. SAENZ,
City Attorney
By.
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Packet P.. 351
ZU 14-5L
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR
SERVICES
This VENDOR Service Agreement is entered into this 3rd day of March, 2014, by and
between Quality Light and Electrical ("VENDOR") and the City of San Bernardino ("CITY'-
or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to contract for street light repair services and; C
WHEREAS, The City of San Bernardino did solicit and accept quotes from available J ai
VENDORs for such street light repair services; and
WHEREAS, VENDOR is the lowest bidder to provide said service to City; and
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NOW, THEREFORE, the parties hereto agree as follows: r
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those services as set forth in RFQ F-14-15, a copy of which is on file in
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the Public Works Department and a copy of the Price Form is attached hereto as Attachment c
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"I"and incorporated here by this reference.
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2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $200,000 for street light repair services
pursuant to RFQ F-14-15.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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3. TERM; TERMINATION.
The tern of this agreement shall be from March 3, 2014 through June 30 2014 wi
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two (2) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective
July 1, 2015 through June 30,2016.
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
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agreement of the parties executed on or before the date of expiration of current term of the
agreement.
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4. INDEMNITY.
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
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10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
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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 a
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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 Q
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. VENDOR hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
Exhibit "A"'
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2014-52
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5. INSURANCE.
While not restricting or
limiting the foregoing, dur in g 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 statutor}
worker's compensation coverage, and shall file copies of said policies with the CITY's Risl<
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as ar.
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior 0
to any change in or termination of the policy.
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G. NON-DISCRIMINATION. L
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In the performance of this Agreement and in the hiring and recruitment of employees, o
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, _
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discrimination in employment of persons because of their race, religion, color, national origin, L
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. en
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T. INDEPENDENT CONTRACTOR. c
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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 r
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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
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
Exhibit "A"
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2014-52
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voic
and shall constitute a breach of this Agreement and cause for the termination of thi.,
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be L
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mandatory and not permissive in nature.
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12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement in
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and their respective heirs,representatives, successors, and assigns.
14. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
Exhibit"A"
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2014--52
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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--52
VENDOR SERVICE AGREEMENT
BETWEEN QUALITY LIGHT AND ELECTRICAL AND
THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day anc
date set forth below.
Dated: JD , 2014 ALI Y LI T A ELECTRICAL
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Dated l!J , 2014 CITY OF SAN RNARDINO
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By. L
All J. Parker, City Manager n
Approved as to Form:
Gary D. Saenz, City Attorney
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