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HomeMy WebLinkAbout2018-229i z 3 4 5 6 7 8 9 10 it 121 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-229 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH QUALITY LIGHT AND ELECTRICAL (QLE) IN THE AMOUNT OF $528,176.40; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $52,817.60; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT PER SPECIAL PROVISIONS NO. 13219. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Quality Light and Electrical, 11055 Alder Avenue, Bloomington, California 92316 is the lowest responsive responsible bidder for Street Light Improvement at Broadmoor Blvd between 30a' Street and Parkdale Drive (TC 19-001) per Special Provisions No. 13219. A contract is awarded to said bidder in a total amount of $528,176.40 with a contingency amount of $52,817.60 but such contract shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is hereby authorized and directed to execute said contract on behalf of the City. The City Manager is hereby authorized and directed to execute said contingency not to exceed $52,817.60 on behalf of the City. A copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as though fully set forth at length. SECTION 2. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $528,176.40 to Quality Light and Electrical for this work. SECTION 3. This contract and any amendment or modifications thereto shall not ! take effect or become operative until fully signed and executed by the parties and no parry shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course The authorization to execute this contract is rescinded if the parties to 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the contract fail to execute it and return the fully executed contract to the Office of the City Clerk within sixty (60) days of passage of this Resolution. 2 1 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 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH QUALITY LIGHT AND ELECTRICAL (QLE) IN THE AMOUNT OF $528,176.40; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $52,817.60; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT PER SPECIAL PROVISIONS NO. 13219. 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 15th day of Au ust 2018, by the following vote, to wit: Council Members: AYES MARQUEZ y(S 90 VALDIVIA X SHORETT X NICKEL x RICHARD MULVIHILL NAYS ABSTAIN ABSENT X Georgearu -lanna, C, , City Clerk The foregoing Resolution is hereby approved this 15th day of Au ust 2018. Approved as to form: Gary D. Saenz, City Attorney By: 3 /1 l c,�Ctif R. Care. Davis, Mayor City of San Bernardino CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: September 11, 2018 TO: Alex Qishta Public Works FROM: Candice Alvarez, CMC, Deputy City Clerk RE: Transmitting Documents for Signature — Quality Light and Electrical At the Mayor and City Council meeting of August 15, 2018 the City of San Bernardino adopted Resolution No. 2018-229 approving a construction contract with Quality Light and Electrical (QLE) in the amount of $528,176.40; authorizing a construction contingency in the amount $52,817.60; authorizing the City Manager or designee to sign all necessary documents; and authorizing the City Manager to expend the contingency fund, if necessary, to complete the project per Special Provisions No. 13219. Attached are four (4) ORIGINAL agreements to be executed. Please obtain signatures in the appropriate locations and return ONE ORIGINAL to Candice Alvarez in the City Clerk's Office as soon as possible. Please also retain a copy of the fully executed document for your records and forward the remaining copies to the appropriate parties. AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this IS41 day of, 2018 , between the City of San Bernardino (owner and hereinafter "CITY"), and Qa 1 i Li Gt n�# !�G-FriC ci 1 (hereinafter "CONTRACTOR„). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the STREET LIGHT IMPROVEMENTS AT BROADMOOR BLVD. FROM 30TH ST. TO PARIDALE DR ( TC 18-002 ) in strict conformity with Plans and Special Provisions No. 13219 , 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” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 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 the basis of race, color, national origin, religion, sex, marital status, 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, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. AGREEMENT: STREET LIGHT IWROVEMENTS AT BROADMOOR BLVD. FROM 30'$ ST. TO PARIDALE DR. (TC18-002 ) 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 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 performance of the covenants herein contained. 5. 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 presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR NAME OF FIRM: 111 LL'. MAILING ADDRESS: D -5 91 div AlLt �PJ Lo o i'Vl i n �D�C4 q2,31( If Contractor is a corporation, Secretary should attest. CITY OF SAN BERNARDINO BY: AN REA M. MILLER City Manager City of San Bernardino ATTEST: Q00RGEANN HANNA City Clerk APPROVED AS TO FORM: GARY D. SAENZ, City Attorney