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HomeMy WebLinkAbout28-Public Services o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $125,200 to New West Signal for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. Dept: Public Services Date: July 23, 2008 Meeting Date: August 4, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. ~~'p , Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "A" Ward: 7 FUNDING REQUIREMENTS: Amount: Source: $125,200 FY 08-09 Account Numbers 129-367-5504-7580, 126-369-5504-7580 Finance: Council Notes: Agenda Item No. :<8' ~-lf-t>o o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $125,200 to New West Signal for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. Background: The City of San Bernardino, Public Services Department, Streets Division is responsible for maintaining streetlights on residential streets. Staff has determined that the streetlights on Parkside Drive between 30th and 34th Streets need to be replaced. The proposed project on Parkside Drive is Phase one of a three-phase project. The first phase would take care of all the lighting on Parkside Drive from 30th to 34th Streets. The second phase scheduled for FY 09-10 would take care of the lighting from 30th to Marshall on Broadmoor. The third phase scheduled for FY 10-11 would take care of the lighting on Broadmoor from Marshall to Parkdale. Currently, the streetlights on Parkside Drive are on a series lighting circuit. This means that if one streetlight in the series goes out, all the streetlights in that series go out as well. This type of circuit is dangerous to work on and parts are difficult to obtain. The reason this lighting circuit is dangerous to work on is due to it being a series circuit. This circuit has a transformer that maintains a 6.6 amp flow of electricity. As the resistance in the circuit goes up (fluctuates), the voltage can go as high as 23000 volts. This makes it a very dangerous circuit to do any work on. Replacing the streetlights will provide better street lighting for residents by allowing the rest of the streetlights to remain on if one goes out. The work on Parkside Drive includes the installation of 15 new streetlight poles, bases, 150-watt light fixtures, conduit, wiring, and new electrical service. Staff obtained quotes from three electrical component vendors, see Attachment "A". New West Signal submitted the lowest quote. Vendor New West Signal Sierra Pacific Electrical Contracting Steiny & Company, Inc. Location Fontana Riverside Baldwin Park Quote $125,200 $129,596 $132,836 Staff recommends that the Mayor and Common Council approve the execution of an Agreement and issuance of a Purchase Order in the Amount of $125,200 to New West Signal for installation of the new streetlights. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION o Staff Report- Continued Financial Impact: Funding for SS 05-24 Street Light Poles & Electrical Systems Replacement is contained in the approved Capital Improvement Program, FY 07-08, Account No. 129-367-5504- 7580 (Slight Poles/Support EI) in the amount of $100,000, and Account No. 126-369- 5504-7580, (Slight Poles/Support EI) in the amount of $25,200. Recommendation: Adopt Resolution. o o 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 an amount not to exceed $125,200. 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL FOR THE INSTALLATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE BETWEEN 30TH AND 34TH STREETS. . WHEREAS, New West Signal submitted the lowest quote for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bemardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and New West Signal, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council." SECTION 3. That pursuant to this determination the Director of Finance or his/her designee is hereby authorized to issue a purchase order to New West Signal in SECTION 4. The Purchase Order shall reference Resolution No. 2008- and shall read, "New West Signal for the installation of new streetlights on Parkside Drive between 30th and 34th Streets, P.O. No. , not to exceed $125,200" and shall incorporate the terms and conditions of the agreement. 11/ ,. itd-8 0'8-04- O<il RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL 3 FOR THE INSTAllATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE BETWEEN 30TH AND 34TH STREETS. 4 5 6 7 8 11/ 1 SECTION 5. The authorization to execute the above referenced Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. 9 III 10 11 12 11/ 13 11/ 14 11/ 15 III 16 11/ 17 18 19 20 11/ 21 III 22 11/ 23 III 24 11/ 25 26 27 11/ 28 11/ III 11/ 11/ III RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE IN THE AMOUNT OF $125,200 TO NEW WEST SIGNAL 3 FOR THE INSTALLATION OF NEW STREETLIGHTS ON PARKSIDE DRIVE BETWEEN 30TH AND 34TH STREETS. 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between New West Signal ("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 the installation of new streetlights; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the installation of new streetlights; and, WHEREAS, Vendor is the lowest bidder to provide said services to City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth 0Ii. Attachment "A" attached hereto and incorporated herein. 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 $125,000, for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. Exhibit "A" 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 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 mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 on 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 performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part ofthe foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or 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. 5. 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 Exhib~t "A" 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 additional named insured in each policy of insurance provided hereunder. The Certificate of Insuran!le furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. 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 sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the 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 licenses, if any are required, in connection with the services to be performed hereunder. 8. 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. III III Exhibit "An 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 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 Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: New West Signal 1405 5 Foothill Blvd. Fontana, CA 92335 Telephone: (909) 356-1735 Contact: Chris Wright 9. 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 of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses .of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the pUrposes of this paragraph. 10. ASSIGNMENT. 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 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 Exhibit "A" 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 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 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. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. 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 other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Exhibit "A" 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 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. III III III III III III III III III III III III III III III III III III Exhibit "A" 1 2 3 4 date set forth below. 5 6 Dated: 7 8 9 10 11 12 Approved as to Form: VENDOR SERVICE AGREEMENT NEW WEST SIGNAL IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and ,2008 VENDOR. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Exhibit "A" ATTACHMENT "A" ~~-~'..- ... =-= . .----.. -___.. =..=.-=-___=s=:=..:....--. NEW WEST SIGNAL I_ IP-in BmL, "'-".., CA!tZ335 (9Gf) !~1735 (9OJ) 356-1_l'ax UCJ# 720147 PROPOSAL ~ I I i TO: ScaU 7AIhm FlIK !IOP-384-522!t atr or.. ...._... . PRONK 384-S24S DATIl 04I111Ol1 .lOB N.UIBII.OCA'l1ON PIIbIde Ave S-1l&lIIiDa 1asIml_1Iptmg.,...ClIIPIo.."-'.Aw Sl25,200.00 " 1............ ; ......lIIdiDsaIU ~ 3BP.~ 10 _ ..........lbbnt, 13 palo ......... t9tea 3-tQplIIIbaaIIoI, 2llOO'-tI-..:hIllPVCwf3......... . ........ofcadstlag:lbu....... "'.... aIwp pales.. C\I;J. 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BALDWlNPAM,CA I17DI PlIOIIEIJ'Fl~ .I...IS .~-..G"""" scxm'ZIHM CItY OF MN..RNARDINO "'7' N.IIIRRA WAY 8M IIlI!RWJGNO, CA. 82410 "'* BID DAT&: Il!P rrEII 1 BRCMDIIOOR IJCJHTlNGI PRO.IECT 011101 81D- 1400 nll"'U_ IIfI[[1 p II 1 1 o;,.a...: t)M pennft..... nlNJ- 801. coetIL 2) MIlond..... (1" of bid lIIlICIln or SSOO.oo mfnImum.lf I8qUhd.) 3) Swv.y . utIfty F_. 4) ....!IlL.1CI end NWltWOrlL .U!J~ txJOIB! UlI7P -- N. Noles: 1) CUoI8 VlIIId for 30 Cap. 2)M T & M wark Iv be jleIfonned per 11ISb..cIlIrd ~. for PublIc wen. COrlItruc:IIan. MIrk-upe.hIII be _1olIowI: A)M I 1lI','W.B)~.'1n. C)LIIllor-2O'lro.D) ......."1CIIlo -10"-. 3) 'naIIIc -*'" for outwark ..1rlcluIkrl 4)J..eW.Ol..for.,..IllI..,40111....ARO. 5) AI mat8rl8I ClDIIa _ cll.-llIb"lD ..deIlng I.ang leecI..... fGerw81 c...41....... or OWner 8"" u.c. B I __.. cII.- .-....,uo.. of8lM1y MCl Co., Inc.ICOPII afwortc- 8) CIIy is I6l\1m111h 3 poles end we _lD llm.... 1 t. 14 fbdur8B and 1 eeMce.. 7) The pole 1ft pRIIIIllHIlv IUpply Is 23CT11 a. YMf'IAN. ~ EstImI\vr 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between New West Signal ("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 the installation of new streetlights; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the installation of new streetlights; and, WHEREAS, Vendor is the lowest bidder to provide said services to City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Attachment "A" attached hereto and incorporated herein. 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 $125,000, for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. 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 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 mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 on asserted upon any or alleged act or omission of V endor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or 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. 5. INSURANCE. While not restricting or limiting the foregoing, during the t= 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 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 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 of any change or termination in the policy. 6. NON-DISCRIMINATION. 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 sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the 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 licenses, if any are required, in connection with the services to be performed hereunder. 8. 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. III III 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 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 Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: New West Signal 14055 Foothill Blvd. Fontana, CA 92335 Telephone: (909) 356-1735 Contact: Chris Wright 9. 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 of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. 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 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 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 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 Agreement shall be tried and litigated either in the State courts located in the County of San Bemardino, 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. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. 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 provlSlons. 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 other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 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 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. III III III III III III III III III III III III III III III III III III 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 VENDOR SERVICE AGREEMENT NEW WEST SIGNAL IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated ,2008 VENDOR. By: Its: ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: ~ . Penman, City Attorney ATTACHMENT "A" ~ I I i I ! I ] ~ I: I ..... '0. =-:/'j ~. <0 _.. _=.____..__..___._. ('~., ....---. ---.----::----- & NEW WEST SIGNAL 14115S I'_m BmL, ...-,..... CA. 91335 (Hg)3!l;..1735 (J09) 35-1189 Fax UCJ# 710141 PROPOSAL 1'0: ScollZAlhm FIX !109-384-S22J atJorSu L_dI8o . I'IIOIm 384-524S DAft 04I17/llll JOJIIC.UIBII.OCA'l1Olf .....~ Ave Slrlld lfaIdiD& We ~..lalt II"' .....P,........ ......... &II': JaslBJl_Ilafnin&""'1III ParM., Ave Sl2S.2OO.oo . 1ar:1.... ;........ iDsIaI11,ype 3BJI ~ \0 _.-I.... ad IIxIan!:o, 13 pole ........ioos, 191. 3-112pa11baaao1, 2liOO'-tl-sc:hIllPVCw/311_" ..demoofcxlstlag:lbwd"IiuOlU1lll a1wp paIoa1D CiI;r. AD CIdatina: wIrIn&-""""'* sImII be...... . ..A \D plaCe. ,.,.~. ~_. 1. Permits mIfGr ln~'liou files, ifreqaired, .. _ iDelvded. 2. Traftic-.. tbr __ ct-......... II "'....... 3. P1on&.. ............ ad SpcoW ~ -.IIC1l]llVVidod. 1IpOII receipt ofsi&ncd setaplce Cbanpme;yOCllUr. 4.. eo....... ...... is _ ;"'-.0604 S. i:!diIen flooa.. aotl-a,....ed. .. lusInra inl:1uded ill IIlia prapIISII isSl,ooo,OOO per_....lllllllld sz.ooo.ooo ......;...;. WeJ'l...-1Inby1lO Illlll1sluilllDrialadllbor. _.........10 ~....... d ..aboftlll*'ifiooori_. Ibrlbuam of. One HlIIIlRd t'-.;y-1Iw TIID r d Two HuadIed "'-($ W,200.00 ) . .Payman: to be made as 311 day "Il1&o<_ _-...6, AD-Wis..-..._.......--.'AII_..... ._ in... - - r_ ......_--. ..._.. --- r ."-'----.__...._ ..rr_............._____-..___ ...--. All., " _ ._-.-.......,. ~___ ow.-lDooayk____ __ OIIr-...liIIy_.,.__. ~ . ...._ ... ..... .&- pi lluorPu.mo-1-Tllellbovopdoes. ...""""ll__ aaditiaas.. ....~OI)'.. _ hII1lby _...... You ae~ 1D1ID1beWlllkISspeGified. ~wI11 bollllllc.lIlIIIined~ DaCe of Ai:: .". -,.... S1J11_e s~ -.... ==-=;~~-~ -- '-.. . ~. --=---=' - .:...-.. ---~..:". L'd r II I . I ; ! I: II I' j I 1,'1 I dgt,~L 90 H Jdy wgV-lAr-l~-lUU~ U~:~~ ::i11OOU\ I'lU;lm; llLJX rAl No. ~~11~.J~~~ f. UUI/UUI 2008110 SfemI PacIfic Elri..1.lwI CIiI.I...:tIng U4I A...... ~ .......... Qa. taolI PIll _171I4-1410......... tR64lN4I t;-10 ....., Jl1Jl'8i .. "'" Ftuc: 8111184-.. PROPOSAL QaDtw II; "'1Il r _108 ..,... CIty of 8M ..I...... ^~I 2M ...... Mt vr.. Aft. . San Ikn. dIM. CII. 92410 bcmJ: ., 21. 2OlI8 Attnl Sclrtt r.r. PhaMl POPIIlM-!J141 Fax; lIOJJU4-ts229 3'ab AcIdI_; II fl* 1M! _, Saft ........,... Tllc U"MNigned..... to firlllIhCllld ......... '" m , 1abor.1naIlIr1ak. toolIl~.CIIId app~ to_,.- r... a. GIId.......,.lnapd........;...._tMfoIIllllfllg',..... _lIIIfalIl1 atrMt 1ilIhb........ till ;hf' III.... -.... a"'.. .. .......... ...... r' ~IIIIIII .... 3 1110 tIlItt ""'1ICria ( 1 .. a ...... _ ad 2 11II a ...... ...., __ ....... ..._ _' NN. 2.no If 1.. 1M. tNldl4 N; . $11.40 If 6 pal..... . ....00 .. 2.720 If at' ._ CIII.m.n. $2.15 If 8IIut ~ ,......'- II . $IllO.OO co ENct m.+1ItlIm II . $1,714.00 .. ..... ..... IlJht f\o . II..... 15 Maw 'fd..... " EilIIID NI ..... 110 tIlItt ............ . . $232.00 .. $IlI.041.00 . 1.230.00 $ 6,m.00 $ 6.llOD.00 $41.282.00 $12,472.00 $ 3,676.00 $ ..00 AU the...~ to"~ for the_"'. $125'...00 OM ........., 1lNldy NIM TIIoIIJIJII FIlle ......... NIMty .W-tMWI_-n. ~ ..... .1..... GI' dlIVlcrtIonr tram tM aIIlwe, ilMlWlg IlCtra cat at' lIIllNI M 111/' labar, will ba.-cutlld only IIlI a CI:IIIIr'aCt ..... oil- fronI the 11III _nlalltd abowo. AU..,. ........1.... be fIIl11'lt119- In tlla... that It hu_ ~ I 1 tol".muIUultlll' to8lllplayan ..'I......,." collect Wtrf IIlI'J'lIllIIIt 111/'....,....,... the ..4.11),_ for IabaP "" lIlldwlals fIrnJIhad undIl" thII... 'It II' any IIIIoIdtflc!ati 1fwoeof, t.,..,..... ba IJabIe to the ...w.~IIId"""ClIIU'tlllfN and ........_,..,.., SGld4ltll.. 1...,.t.lfhaII ba In CIllDIIlI'....... to_third "'1hI CIllDIIlI'tw which l'IICD...., "prayad. T.,.,., of pafIMIlt IhoII ba lIlI fvI.... ,.,.. loA.. 11of15 PAClI'OISIU. IS VOJ.'I)" NOT ~n:u W1l1iJNhF 1E!El4 bAYS ... ~~~ --- ~<r"-~ Yaa.......", -18 IlI'IIfIll all ~ IIId IIlIurnqullecllD oompIcIID fIID -'c """~Il1.d ill fIID IIbuw pnIJIlIIII filr which we lI&=lDpq fllD8IIllIlIIIt~ i1..nt pqGAI.udfa_...... with lIItI...tlweo! ~-1111 -II. ~ I I . by Date: Signed: Pl'iIrt: ______08/.18/08 1f::4 FAX 8~83388343 . STIlINr Q/ IlIIU\J1 QUOTATION STEINY & COMPANY. INC. LICENI!' "'81m. CLASS A. B. Co1O 12107 &AlS1' MIMIY. 8A1.DWIt PARK. CA 117111 PHCJIIEjJ.. t it. IllS "~-e4lI'.aa ..... fl. IDDII SCOTTZEHM CI1YOF SAN HRNARDINO 117 N. 8IERRA WAY IAN BERIINfDINO, CA. 82410 .- .sa BROADMOOR IJGHTlNG PROJEeT atJOI'M! SID7P 8m DATE: Qt1101 8m TIlle: 1400 IF II'EII 1 PHASE II ntl"'U_ IIfI[l EXTI!NIIIDN 1 1 00 132:838.00 $0.00 M. o Emlld..: 1) AI permit. d8llfllUnclklllJ- AID" C08lB. 2) '" bond c:a.lI. (1" of bid I/llIIUI1t or S5OOJlO minimum. " required.) 3) SIIwy . UlIIly F_. 4)WlIIIkwnd end NIght Work. Noles: 1) CIIIoIe VIIIld for 30 Daya. 2)'" T & M work tv be jlIIfom1ed per1he ....4 ~. for PublIc WcxIaI constructlan. MIrk-ups IIlIII be 8B foIIawI: A)" '1.-,,'&w..B)~.'1&w..C)LIbor-2O'lII.O) $ub-.lllOtOo -1cw.. 3) TndIIc contrDI for aut wark Is lcIclud9<l 4) L..d-tInI8 for rr....W Is 14-18.... ARO. 5) All materiIIIldtlI_ em. pcIorto ...detfng I..ang teed .... If 0erwlII c..."'...... or 0wnIIr '''111 LLC. BaIllnoe '- due 1l_...,IlIIIon of SWny IIlIt Co.. Inc. tcOP8 ofwortt. 8) CIly lIS fill fIrnIIh 3 poles and we _to fUrnIsh 11. 14 fildurllll.,C1111N1cL. 7) The pole _ propose to IUppIy Is 23CT11 OLYMPIAN. EstIlllator