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HomeMy WebLinkAbout2018-1121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-112 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL (QLE) FOR STREET LIGHT REPAIR SERVICES AND ISSUANCE OF AN ANNUAL PURCHASE ORDER NOT TO EXCEED $555,000 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO QLE FOR STREET LIGHT REPAIR SERVICES PER SPECIAL PROVISIONS NO. 13188 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute a Vendor Service Agreement between the City of San Bernardino and Quality Light and Electrical, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by this reference as though set forth in full. SECTION 2. The Director of Finance, or his designee, is hereby authorized and directed to issue an annual purchase order to Quality Light and Electric in the amount of $555,000.00 with four (4) one-year extensions at the City's option. SECTION 3. The Purchase order shall reference this Resolution Number and shall read, "Quality Light and Electrical Street light repair services. Agreement not to exceed $555,000.00" and shall incorporate the terms and the conditions of the agreement. SECTION 4. The above authorizations are rescinded and shall be void and of no further effect if the Amendment is not fully executed it by all parties and returned to the Office of the City Clerk within sixty (60) days from the passage of this Resolution. 1 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-112 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL (QLE) FOR STREET LIGHT REPAIR SERVICES AND ISSUANCE OF AN ANNUAL PURCHASE ORDER NOT TO EXCEED $555,000 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO QLE FOR STREET LIGHT REPAIR SERVICES PER SPECIAL PROVISIONS NO. 13188 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18`" day of April 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS k Y' X ABSTAIN ABSENT Georgeann 41 anna, CMC, City Clerk The foregoing Resolution is hereby approved this 18th day of April 2018. /J RI ,rc R. C ey 6avis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney B. 2 CONTRACT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 18th day of April 20 18 , by and between the CITY OF SAN BERNARDINO (hereinafter -CITY), and _Quality Light and Electrical (hereinafter "CONTRACTOR'''). SPECIAL PROVISIONS NO. 13188 ANNUAL CITYWIDE STREET LIGHT REPAIR SERVICES CONTRACT At its joint -regular meeting held on April 18 , 20 18 , the City Council duly accepted the bid of CONTRACTOR for said Project and directed that a written contract be entered into with CONTRACTOR NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, CONTRACTOR agrees with the CITY, at CONTRACTOR's own proper cost and expense in the Special Provisions to he finished by the CITY, necessary to complete in good workmanldce and substantial manner the Project in strict conformity with Special Provisions No. 13188, and also in accordance with Standard Specifications for Public Works/Construction, 2015 Edition, and all supplements on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. In addition, the contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Special Provisions, General Specifications, Standard Specifications, CONTRACTOR's submitted Bid Form and Documents and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance c r ificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the Bid and Contract Documents. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as Contract Documents and are incorporated herein by this reference and made part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the Project and to fulfill all other obligations as set forth in the Contract Documents. ARTICLE III CONTRACTOR hereby agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials, performing all work contemplated, and fulfilling all obligations embraced in this agreement. Said compensation shall be based on actual bid quantities completed pursuant to request of, and issuance of a Work Order by the CITY. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Contract Documents and the requirements of the CITY, and also including those arising from actions of the elements, unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, and for all other unknowns or risks of every description connected with the work, also for all expenses incurred by or in consequence of suspension or discontinuance of work. CITY shall herein retain ten percent (10%) of the amount pertaining to compensation for actual bid quantities, completed pursuant to request and issuance of a Work Order by the CITY, until 35 days after completion of work described in said Work Order issued by the CITY. The CONTRACTOR also agrees that there is no warranty or guarantee given or implied as to the total amount of work to be ordered as a result of this contract. The quantities stated in the bid are estimates of annual usage, to be used for bid comparison purposes only. Specific quantities of work will be ordered as needed in the minimum amounts described in the Contract Documents. CONTRACTOR hereby 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 the CONTRACTOR at the bid unit prices. ARTICLE IV 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 race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, venders, or employees in the performance of this contract ARTICLE V CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ, the said CONTRACTOR to provide the materials, to do the work, and to fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents; and the same parties for themselves, their heirs, executors, and assigns, do hereby agree to full performance of the covenants herein contained.. In addition, said CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law, as the same shall apply to this Project pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. ARTICLE VI CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the CONTRACTOR's work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided: (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold -harmless agreement because of the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) That the aforesaid hold -harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleges to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE VII The CTT'Y may terminate this contract, in whole or in part, at any time by written notice to the CONTRACTOR when it is in the CITY's best interest. The CONTRACTOR shall be paid its costs and profit on work performed up to the time of termination based upon actual bid quantities completed pursuant to the request of, and work Order issued by, the CITY. The CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs: If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CTTY, or one of its designated representatives, and will be served upon the CONTRACTOR. If the CONTRACTOR continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CTTY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project. In the event that CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CEN's remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract. ARTICLE VIII This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE l X The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE X If either party to this agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this agreement, the party prevailing in the final judgement in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for investigating such action conducting discovery and all other necessary cost the court allows, which are incurred in such litigation. ARTICLE XI It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR NAME OF FIRM: MAILING ADDRESS: -% _ 110 55 Otd-w A-ve, '61v01hi h h 0# q2-310 PHONE NO.: ATTEST: ........... .. ........... ........._.. Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. CITY OF SAN BERNARDINO i BY: ANDJA M. MILLER, City Manager ATTEST: GEO2EAliN HAN _ City Clerk APPROVED AS TO FORM: �(fu-11co-te— A Y D. SAENZ, City Attorney