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HomeMy WebLinkAbout05.L- Public Works 5.L RESOLUTION (ID # 3668) DOC ID: 3668 E CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Purchase Order From: Tony Frossard M/CC Meeting Date: 02/17/2015 Prepared by: Linda Dortch, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of an Additional $80,000 of Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Authorizing the Execution of a First Amendment to the Agreement with Quality Light and Electrical for the Purchase of Street Light Materials & Supplies. (#3668) Current Business Registration Certificate: Yes Financial Impact: The financial impact for this item is an increase of$80,000. This will be funded by previously unallocated Highway Users Tax Account funds. This will increase the total expenditure to $158,000. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 05/19/14 Resolution No. 2014-146 was approved, authorizing the execution on an agreement and issuance of an annual purchase order in the amount of $70,000 for FY 2013-15 and $78,000 for option years one through three with three (3) one-year extension at the City's option to Quality Light and Electrical for purchase of street light materials & supplies. 04/07/14 Resolution No. 2014-90 was approved, authorizing and directing the Director of Administrative Services to amend the FY 2013-14 Budget by allocating previously unallocated HUTA (Gas Tax) Funds of $70,000 to Account No. 001-400-0092-5111 "Materials & Supplies", 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. Currently, Quality Light and Electrical is working to repair underground damage to the street lights. These repairs require replacement of wiring and conduit. Additional funds a necessary for these extensive repairs. Updated: 2/5/2015 by Georgeann "Gigi" Hanna E Packet Pg. 159 5.L 3668 Staff is requesting that the Mayor and Common Council authorize and direct the Director of Finance to appropriate an additional $80,000 to Account No. 126-400-0092- 5111 "Materials & Supplies" 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 & Electrical; and increase Annual Purchase Order No. 2015-61 for an amount not to exceed $158,000 for the purchase of street light materials & supplies. City Attorney Review: Supporting Documents: Resolution (DOC) agrmt 3668 (PDF) Vpa (PDF) Reso 2014-146 (PDF) Reso 2014-90 (PDF) Updated: 2/5/2015 by Georgeann "Gigi" Hanna E Packet Pg. 160 5 L.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF AN 3 ADDITIONAL $80,000 OF PREVIOUSLY UNALLOCATED HUTA (GAS TAX) 4 FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND 5 ELECTRICAL FOR THE PURCHASE OF STREET LIGHT MATERIALS & SUPPLIES. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 N d SECTION 1. The City Manager and the Director of Finance are hereby authorized Q 9 and directed to amend the FY 2014-15 Budget and appropriate an additional $80,000 to 10 11 Account No. 126-400-0092-5111 "Materials & Supplies" for purchase of street light materials �v 12 & supplies from previously unallocated HUTA(Gas Tax) funds (Fund 126). c 13 SECTION 2. The City Manager is hereby authorized and directed to execute a First J 14 Agreement to the Vendor Purchase Agreement with Quality Light and Electrical, Inc., a copy 15 of which is attached and incorporated herein as Exhibit "A," in the total amount of$158,000 o 16 17 with three (3) one-year extensions at the City's option, for purchase of street light materials & c 18 supplies. c N d 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 s 21 $158,000 for materials & supplies, which shall reference this Resolution and shall incorporate a 22 23 the terms and conditions of this Agreement. 24 SECTION 4. The authorization to execute the above-referenced Agreement is 25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this 26 Resolution. 27 28 1 Packet Pg. 161 I' 5 L.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF AN 2 ADDITIONAL $80,000 OF PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A FIRST 3 AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND 4 ELECTRICAL FOR THE PURCHASE OF STREET LIGHT MATERIALS & SUPPLIES. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a meeting 8 thereof,held on the day of , 2015,by the following vote, to wit: .Q 9 � Council Members: AYES NAYS ABSTAIN ABSENT in 10 N MARQUEZ 11 r BARRIOS 12 rn 13 VALDIVIA J ' 14 SHORETT a 15 NICKEL 00 CD 16 JOHNSON `= 17 0 MULVIHILL 18 N d 19 Georgeann Hanna, City Clerk 20 E The foregoing resolution is hereby approved this day of , 2015. 21 w a 22 R. CAREY DAVIS, Mayor 23 City of San Bernardino Approved as to form: 24 GARY D. SAENZ, City Attorney 25 26 By: 27 28 2 Packet Pg. 162 FIRST AMENDMENT TO THE VENDOR PURCHASE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR STREET LIGHT REPAIR SERVICES This First Amendment to an Agreement with Quality Light and Electric for Street Light Repair Services is entered into this day of 2015, by and between Quality Light and Electric ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). d WITNESSETH: Q CL 3 WHEREAS, the Mayor and Common Council has determined that it is �v advantageous and in the best interest of the CITY to contract for purchase of street light materials & supplies; and r WHEREAS, VENDOR was the lowest responsible bidder for street light P J w materials & supplies per RFQ F-14-28 and was awarded a contract by the Mayor and Common Council on May 19, 2014 by Resolution 2014-146, in the amount of$70,000 M for FY 2013/14 and $78,000 for option years one through three with three one-year 00 c� M extensions a the City's option ("Agreement"); and rn NOW,THEREFORE,the parties hereto agree as follows: C 0 1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to s �a w increase the payment to VENDOR to an amount not to exceed$158.000. a 2. Section 3, Term; Termination, of the agreement is hereby amended to be from May 19, 2014 through June 30, 2014, with three (3) 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, I Packet Pg: 163 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed the Amendment on the day and date first above written. N d Dated: , 2015 By: C Quality Light and Electric xs N lC d a� Dated: 92015 CITY OF SAN BERNARDINO By: Allen J. Parker, City Manager d rn �o Approved as to Form: Gary D. Saenz, City Attorney M E By:- 1Lt t d E Y W a 2 Packet 4Pg: 164.' 2014-146 VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINC AND QUALITY LIGHT AND ELECTRIC,INC. FOR STREET LIGHT MATIERIALS AND SUPPLIES This VENDOR Purchase Agreement is entered into this 19th day of May, 2014, b3 and between Quality Light and Electric, Inc. ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino'). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for purchase of street light materials & supplie, CL and; y 06 WHEREAS, The City of San Bernardino did solicit and accept bids from available L VENDORs for such street light materials& supplies per RFQ F-14-28; and a� WHEREAS, VENDOR is the lowest bidder to provide said street light materials & s J supplies to City; and w d a� L NOW, THEREFORE, the parties hereto agree as follows: Cn 00 W 1. SCOPE OF SERVICES. M For the remuneration stipulated, San Bernardino hereby engages the VENDOR to > c provide those street light materials & supplies as set forth in RFQ F-14-28, a copy of which is on file in the Public Works Department and a copy of the Price Form is attached hereto as Q Attachment"1" and incorporated here by this reference. 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$70,000 for FY 13/14 and $78,000 for option years one through three for street light materials & supplies pursuant to RFQ F-14- 28. Exhibit"A" 1 Packet Pg. 165 2014-146 5.L.c b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from May 19, 2014 through June 30, 2014, wit] three (3) 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. Option year three, if exercised, shall be effective July 1 2016 through June 30, 2016. This Agreement may be terminated at any time by thirty (30) days' written notice by d a either party. The terms of this Agreement shall remain in force unless amended by writter. N Ca agreement of the parties executed on or before the date of expiration of current term of the A L agreement. a� 4. WARRANTY s a� J VENDOR expressly warrants that all products and services supplied to CITY by d L w VENDOR under this agreement shall conform to the specifications, drawings or other 00 0 description upon which this purchase is based, shall be fit and sufficient for the purpose M intended, merchantable, of good material and workmanship, free from defects and free and > r • c clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the E CITY shall not affect VENDOR's obligations under this warranty, and such warranty shall a survive inspections, testing, acceptance and use. VENDOR agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the CITY, when notified of such non-conformity by CITY. If VENDOR fails to correct the defects or replace non-conforming goods or services promptly, CITY may, after reasonable notice to VENDOR, make such corrections or effect cover, or cure, at VENDOR's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more Exhibit"A" 2 Packet Pg. 166 2014-146 5.L.c than 60 calendar days notice before commencement of efforts by the CITY to effect cover or cure except upon written agreement of the Parties. 5. 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 an( liabilities of any kind and nature arising from bodily injury, including death, or propert} damage, based or 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 d .Q work or performance of service under this Agreement, unless the bodily injury or property cn xs damage was actually caused by the sole negligence of the CITY, its elected officials, A 2L d employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to 0 protect and defend at its own expense, including attorney's fees the CITY, its elected officials, a� J employees, agents or representatives from any and all legal actions based upon such actual or d L alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express co 0 or implied indemnity against the CITY, its elected officials, employees, agents or �a a representatives, with respect to third party claims against the VENDOR relating to or in any c way connected with the accomplishment of the work or performance of services under this s Agreement. a 6, 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 CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an Exhibit"A" 3 Packet Pg. 167 2014-146 SL� additional named insured in each policy of insurance provided hereunder. The Certificate c Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days pric to any change or termination of the policy. 7. NON-DISCRIMINATION. In the perfortnance of this Agreement and in the hiring and recruitment of employee: VENDOR shall not engage in, nor permit its officers, employees or agents to engage it discrimination in employment of persons because of their race, religion, color, national origit ancestry, age, mental or physical disability, medical condition, marital status, sexual gender c a .Q sexual orientation, or any other status protected by law, except as permitted in Section 12940 c N the California Government Code. N L 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registratio P certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other license: P permits, qualifications, insurance and approval of whatever nature that are legally required c in co W VENDOR to practice its business or profession. M . 9. NOTICES. > r Any notices to be given pursuant to this Agreement shall be deposited with the Unite E States Postal Service,postage prepaid and addressed as follows: Q TO THE CITY: Public Works Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Quality Light&Electric, Inc. 11055 Alder Avenue Bloomington, CA 91316 Telephone: (909) 421-8668 Contact: Greg Bollinger Exhibit"A" 4 Packet Pg: 168 2014-146 iSLc 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement the prevailing party shall be entitled to recover from the opposing party all costs and expenses including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any o: its rights or remedies hereunder or the enforcement of any of the terms, conditions 01 provisions hereof. The costs, salary and expenses of the City Attorney and members of hi; office shall be considered as attorneys' fees for the purposes of this paragraph. Attorney's fee, for the City Attorney and members of his office shall be calculated based on market rate foi d a comparable services. 06 11. ASSIGNMENT. L d VENDOR shall not voluntarily nor 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 ai J written consent. Any attempted assignment, transfer, subletting or encumbrance without d d CITY'S prior written consent shall be void and shall constitute a breach of this Agreement and N 00 cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to w be performed by VENDOR hereunder for the term of this Agreement. E s R 12. VENUE. w Q 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. Exhibit"A" 5 ' Packet Pg. 169 2014-146 5.L.c 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreemen and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes o convenience only and shall not affect the construction or the interpretation of any of it .Q provisions. a co 16. SEVERABILITY. d If any provision of this Agreement is determined by a court of competent jurisdiction t( ai be invalid or unenforceable for any reason, such determination shall not affect the validity o a) enforceability of the remaining terms and provisions hereof or of the offending provision in am as L a.+ other circumstance, and the remaining provisions of this Agreement shall remain in full fore( 00 and effect. 17. ENTIRE AGREEMENT; MODIFICATION. > r c This Agreement constitutes the entire agreement and the understanding between the s parties, and supersedes any prior agreements and understandings relating to the subject manne: a of this Agreement. This Agreement may be modified or amended only by a written instrumen executed by all parties to this Agreement. Exhibit"A" 6 Packet Pg: 1 MO 1 2014-146 5.L.c VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINC C, AND QUALITY LIGHT AND ELECTRIC, INC. FOR STREET LIGHT MATIERIALS AND SUPPLIES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day an( date set forth below. r0-��(� Dated: � ! ,2014 Q LITY L=TA LCTRIC, INC. By Its: 0 Q Dated 22-' , 2014 CITY OF SAN B ARDINO in _ 06 By: c.,�` U) Allen J arker, City Manager Approved as to Form: Gary D. Saenz, City Attorney C By' �� m d L V Cn 00 M R Q r C d E t V R Q Exhibit"A" 7 Packet.Pg: 171 1 RESOLUTION NO. 2014_14 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 3 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER 4 IN THE AMOUNT OF $70,000 FOR FY 2013/14 AND $78,000 FOR OPTION YEARS ONE THROUGH THREE WITH THREE (3) ONE-YEAR EXTENSIONS AT THE 5 CITY'S OPTION TO QUALITY LIGHT AND ELECTRIC, INC. FOR THE PURCHASE OF STREET LIGHT MATERIALS &SUPPLIES. 6 7 WHEREAS, Quality Light and Electric, Inc. was determined to be the lowest bidder y d 8 for street light materials and supplies, per RFQ F-14-28; Q 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: y 11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 12 and directed to execute on behalf of said City a Vendor Purchase Agreement between the City _ 13 of San Bernardino and Quality Light and Electric, Inc., a copy of which is attached hereto, r 14 marked as Exhibit"A,"and incorporated herein by reference as fully set forth at length. y 1 5 co SECTION 2. That pursuant to this determination, the Director of Administrative 16 17 Services or his designee is hereby authorized to issue an annual purchase order to Quality Light and Electric, Inc. in the amount o£$70,000 for FY 2013/14 and$78,000 for option years o 18 N 0 19 one through three with three (3)one-year extensions at the City's option. 20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall = 0 21 E read, "Quality Light and Electric, Inc. for street light materials and supplies. Agreement not 22 a 23 to exceed $70,000 for FY 2013/14 and $78,000 for option years one through three" and shall 24 incorporate the terms and conditions of the agreement. 25 SECTION 4. The authorization to execute the above-reference Purchase Order and 26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 27 passage of this resolution. 28 Packet Pg: 172 ;f 2014-146 7 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 2 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $70,000 FOR FY 2013/14 AND $78,000 FOR OPTION YEARS 3 ONE THROUGH THREE WITH THREE (3) ONE-YEAR EXTENSIONS AT THE 4 CITY'S OPTION TO QUALITY LIGHT AND ELECTRIC, INC. FOR THE PURCHASE OF STREET LIGHT MATERIALS &SUPPLIES. 5 1 HEREBY CERTIrY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a _j,),nt rt-g,,iar meeting N m 8 thereof,held on the 19th day of May ,2014,by the following vote,to wit: Q Cn 9 Council Members: AYES NAYS ABSTAIN ABSENT 06 VJ 10 MARQUEZ x 11 � BARRIOS x 12 Y 13 VALDIVIA x 14 SHORETT x d 15 NICKEL x co 16 JOHNSON x M 17 MULVIHILL x 4 18 N 19 o N 20 George n Hanna, .,ity Clerk S E 21 The foregoing resolution is hereby approved this ! day of May ,2014. 22 w 23 �" combo R. CAREY 7AVIS,Mayor 24 City of Sa6 Bernardino 25 Approved as to form: GARY D. SAENZ, City Attorney 26 27 By:- 28 Packet Pg. 173.' RESOLUTION NO. 2014-90 1 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 $70,000 TO ACCOUNT 001-400-0092-5111 "MATERIALS & SUPPLIES", FOR 5 REPAIR OF STREET LIGHTS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: d $ SECTION 1. The City Manager and the Director of Administrative Services are Q a 9 hereby authorized and directed to amend the FY 2013-14 Budget to add previously 10 unallocated HUTA (Gas Tax) funds of$70,000 to Account 001-400-0092-5111 "Materials & .� m 11 Supplies"for repair of street lights. 12 s 13 14 15 /II co 16 0 17 0 18 0 N 19 20 21 22 a 23 24 25 26 27 28 Packet Pg:174 2014-90 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 $70,000 TO ACCOUNT 001-400-0092-5111 "MATERIALS & SUPPLIES", FOR 4 REPAIR OF STREET LIGHTS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a _ joint regular meeting 7 thereof, held on the_7th day of Apxi1 ,2014, by the following vote,to wit: Q 8 °- Council Members: AYES NAYS ABSTAIN ABSENT cn 9 ad N 10 MARQUEZ x -- — --- t° 11 BARRIOS X a� c 12 VALDIVIA x a� 13 SHORETT x — 14 NICKEL --x `n 15 co 16 JOHNSON x M 0 17 MULVIHILL R � 18 0 / N d 19 George n Hanna, ty Clerk w 20 day of April ,2014. The foregoing resolution is hereby approved this Y E 21 `� w 22 a 23 R. CARE DAVIS, Mayor City of San Bernardino 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 26 By. 1i1 a ► c�-�-f" 27 28 Packet;PO-17 175"