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HomeMy Public PortalAbout2024.018 (02-20-24)RESOLUTION NO. 2024.018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CALIFORNIA STREET LIGHTING FOR THE INSTALLATION OF SIXTEEN NEW LED STREET NAME SIGNS AT FOUR STREET INTERSECTIONS AS PART OF THE ANNUAL STREET NAME SIGN REPLACEMENT PROJECT (CIP NO. 4011.68.137), AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, as part of the City's Fiscal Year FY 2023-24 Capital Improvement Program (CIP) Project list, The City will be replacing sixteen (16) existing street name signs with newly fabricated light -emitting diode (LED) street name signs at four (4) street intersections; and WHEREAS, the four street intersections are as follows: 1. Atlantic Avenue & Martin Luther King Jr. Boulevard. 2. Bullis Road & Martin Luther King Jr. Boulevard. 3. Imperial Highway & Martin Luther King Jr. Boulevard 4. Long Beach Boulevard & Imperial Highway; and WHEREAS, the City purchased the newly fabricated LED street name signs with an expenditure of $46,194.75; and WHEREAS, the City requires a vendor to remove and transport the existing street name signs, and install the newly fabricated LED street name signs; and WHEREAS, on January 3, 2024, City staff received one proposal from California Street Lighting in the amount of $28,800.00 for the installation of the LED street name signs; and WHEREAS, Staff is recommending City Council award the installation of LED street name signs for the Annual Street Name Sign Replacement Project to California Street Lighting; and WHEREAS, the total estimated construction cost for this project is $79,500.00; and WHEREAS, the current project budget is $81,000 from General Funds and Measure M; and WHEREAS, no additional appropriation is needed to deliver this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings. Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and California Street Lighting in a form approved by the City Attorney in the amount of $28,800. Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.10 to sign on behalf of the city all purchase orders or contracts for procuring supplies, equipment, and general services and professional/special services that do not include any legal or consulting services, which do not exceed a total contract or purchase order amount of fifty thousand dollars ($50,000) in any one-year period. Section 4. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.14(d) to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget. Section 5. City of Lynwood. Section 6. Section 7. hereafter the same Authorize the Mayor to execute the Resolution for and on behalf of the This resolution shall take effect immediately upon its adoption. The City Clerk shall certify to the adoption of this resolution and shall be in full force and effect. PASSED, APPROVED and ADOPTED this 20th day of February, 2024. ATTEST: aria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney c Jo Luis Solache M Jor APPROVED AS TO CONTENT: Julian Le Director d'f Public Works STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, Maria Quitionez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 20th day of February 2024. AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA, MAYOR PRO TEM SOTO AND MAYOR SOLACHE NOES: NONE ABSENT: ' MAYOR. PRO TEM SOTO ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA Date: 0'/0l 7/1 COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood; and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2024.018 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of February 2024. Date: Maria Quinonez, City Clerk A/a 7/8 « City of Lynwood Purchase Order Terms and Conditions (Procurement of Services) 1. Purchase of Services. The City of Lynwood (the "City') has determined that it requires services for the installation of sixteen (16) LED street name signs at four (4) street intersections from California Street Lighting (the "Vendor") and Vendor represents that it is fully qualified to perform the service described in Section 2 — Scope of Services by virtue of its experience and the training, education, and expertise of its principals and employees. The execution of this Agreement by the City of Lynwood ("City"): (a) constitutes acceptance of the Vendor's offer on the terms and conditions stated in the Purchase Order, these Terms and Conditions, and all other accompanying documents or attachments referenced and incorporated in this document (the "Agreement"), and (b) forms a contract between the undersigned vendor (the "Vendor"). Vendor agrees that the only terms and conditions that are applicable to this Agreement are those issued by the City and no other terms and conditions shall be binding upon the Parties. Any additional or different terms or conditions offered by the Vendor are hereby rejected. If a court of competent jurisdiction holds any part of tthis Agreement invalid, the balance shall retain its full force and' effect. This Agreement, these Terms and Conditions and any additional documents, exhibits or attachments incorporated by reference set forth the entire agreement between Vendor and City. 2. Scope of Services. The Vendor shall complete the work as approved by the Director of Public Works of the City of Lynwood (Director) as more particularly described in the scope of services and compensation attached hereto as Attachment A ("Scope of Services"). Compensation set forth in the Scope of Services includes all labor, materials, out-of-pocket costs, taxes, and incidental expenses reasonably incurred by Vendor that are reasonably associated with the provision of the services described in the Scope of Services. 3. Compensation; Not -to -Exceed Amount. This Agreement shall not exceed the payment of $28,800.00 for the services described in the Scope of Service. Any payments exceeding the not -to -exceed amount may not be paid unless approved by the Director in writing or the by the City Council, if the amount exceeds $50,000. 4. Term of Agreement. This Agreement shall become effective when signed by both parties (the "Effective Date") and will terminate on the earlier of: (a) the date Vendor completes the services required under this Agreement, or (b) Twelve (12) months after the Effective Date. The City may at its sole discretion extend the term of this Agreement in writing for an additional three (3) months. 5. Acknowledgment. Vendor acknowledges that it has received all applicable plans, specifications, descriptions, drawings, data, and all additional documents, exhibits or attachments to which reference is made in this Agreement and in all other accompanying documents or attachments referenced therein. Vendor further acknowledges that the plans, specifications, descriptions, drawings, data, and other documents are adequate to enable Vendor to determine fairly its ability to procure the items ordered, and/or to perform the work or services specified, in this Agreement, at the price and in accordance with the specified delivery date(s) and/or performance schedule(s) set forth therein. Vendor represents and warrants that it now has, or it can readily procure without the City's assistance, all the items, facilities, and/or labor necessary for performing this Agreement. 6. Assignment. Vendor shall not delegate or subcontract any of the duties or obligations or assign any rights or claims under the this Agreement without City's prior written consent. 7. Backorders & Product Substitution. To the extent that a specific product or products is required to be supplied under the Scope of Services, Vendor shall not backorder any item without first requesting authorization from the City, nor make any product substitution without prior written authorization from the the City. 8. Changes to Scope of Services. It is mutually understood and agreed that no changes, alteration, or variation to the Scope of Services shall be valid unless made in writing and signed by the City, and that no oral understandings or agreements not incorporated therein, and no changes, alterations, or variations of the terms thereof unless made in writing between the parties, shall be binding. The City shall not compensate Vendor for work, services, and /or costs and materials not authorized by in writing by the City. The City shall have the right to revoke, amend, or modify the foregoing Agreement at any time by issuance of a written Change Order. Vendor's failure to respond within ten (10) days to a written Change Order shall constitute Vendor's acceptance of the change without price or other adjustment. 9. Compliance with Laws. The provision of services under this Agreement shall comply with all current federal, state, and local laws and regulations relative thereto, including but not limited by those set forth by the California Occupational Safety and Health Act (Cal -OSHA). Vendor further agrees to indemnify, defend and hold the City harmless for any failure to so conform. If applicable, in connection with the specified services under this Agreement, Vendor shall comply with the Occupational Safety and Health Act's hazardous communications standard and PROVIDE COPIES OF APPLICABLE MATERIAL SAFETY DATA SHEETS (MSDS) AT THE TIME OF DELIVERY OF SERVICES OR GOODS. 10. Conflict of Interest. Vendor represents and warrants that no officer or employee of Vendor is currently a council member, officer, or employee of the City, or a member of its boards, commissions, or committees, except to the extent permitted by law. Vendor further represents and warrants that no council member, officer, or employee of City has, or shall have, any direct or indirect financial interest in this Agreement. 11. Default by Vendor/Breach of Contract. The City reserves the right to terminate this Agreement at any time, any or all items not delivered as directed and within the time specified under this Agreement. In case of default by Vendor, the City may procure services from any source available and may charge the difference between the price named in the Scope of Services and the actual cost thereof to the Vendor. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. City of Lynwood Purchase Order Terms and Conditions City of Lynwood Purchase Order Terms and Conditions (Procurement of Services) 12. Delivery/Performance - Time is of the Essence. Time is of the essence in this Agreement and failure to deliver services specified under this Agreement shall be a material breach of this Agreement. If Vendor cannot deliver goods and or render services within the time specified on the Scope of Services, Vendor shall promptly notify City of the earliest possible date for delivery/performance. Notwithstanding such notice, City may terminate this Agreement or any part thereof without liability except for services previously rendered and/or goods previously delivered and accepted. City's receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, right or remedy City has under this contract or applicable law. 13. Force Majeure. "Force Majeure" herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) govemment order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities. Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event. 14. Hold Harmless. Vendor shall indemnify, defend, and hold harmless the City, and its officers, officials, employees and agents, from and against any and all claims asserted, liability, loss damage, expense, costs, including without limitation costs and fees of litigation, of every nature arising out of, directly or indirectly, or in connection with the foregoing Agreement or the acts or omissions of Vendor, Vendor's subcontractors, employees, representatives, agents and invitees including, but not limited to, performance of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or damage which was caused by the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such liability, loss, damage, expense or cost. The Vendor further specifically agrees that he shall indemnify and hold City free of any liability for any accident, loss or damage to the goods and/or work that is the subject of Agreement prior to its completion and acceptance by the City. 15. Law and Venue. This Agreementhas been negotiated and executed in the state of California and shall be govemed by and construed under the laws of the state of Califomia and and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 16. Patent/Copyright Indemnity. If any goods sold or delivered to City by Vendor are protected by a patent or copyright, Vendor agrees to indemnify and hold harmless the City of Lynwood, its officers, agents, servants, and employees from and against any and all suits, claims, judgments and costs instituted or recovered against it on account of the use or sale of such goods by City in violation of rights under such patent or copyright. 17. Payment Terms. Unless provided otherwise under the Scope of Services in which case the terms of the Scope of Services shall prevail, Payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance of services, whichever occurs last. If City is entitled to a cash discount, the period of computation shall commence on the date of receipt of invoice or acceptance of goods and/or services by City, whichever is later. 18. Permits, Licenses, and Other Requirements. During the term of the Agreement, Vendor and its subcontractors (if authorized by the City) shall: (a) comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement by federal, state, county, City and other governmental or regulatory bodies r; and (b) comply with all applicable federal, state and local laws, rules, regulations, and orders. 19. Proprietary Information. Upon completion or cancellation of the Agreement, Vendor shall return all designs, drawings, and blueprints (City Materials) that are furnished by the City for Vendor's performance under this Agreement, if applicable. City Materials shall not be used by the Vendor in the production of materials for any third party without express written consent of the City. City Materials involve valuable property rights of City and shall be held confidential by Vendor. Vendor shall keep confidential and not disclose or use in any way confidential business or technical information that the City may disclose in conjunction with this Agreement or the Vendor may learn as a result of entering City property to deliver items or services or to perform work hereunder. 20. Severability. If any provision of this Agreement, and/or these Terms and Conditions, and/or any other accompanying documents, and/or attachments referenced in this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected; and the rights and City of Lynwood Purchase Order Terms and Conditions City of Lynwood Purchase Order Terms and Conditions (Procurement of Services) obligations of the parties shall be construed and enforced as if the foregoing Purchase Order, and/or these Terms and Conditions, and/or any other accompanying documents, and/or attachments referenced in this Agreement did not contain the particular provision held to be invalid. 21. Taxes. Vendor must separately state on all invoices any taxes imposed by the local, state, or federal governments applicable to furnishing the Services; provided, however where a tax exemption is available, the tax must be subtracted from the total compensation amount and identified. Unless otherwise stated in this Agreement, the compensation amount shall be considered to include state and city sales or use taxes. 22. Termination for Default. In addition to any other remedies or rights it may have by law, the City may terminate this Agreement with or without cause upon seven (7) calendar days written notice to Vendor. The effective date of termination shall be upon the date specified in the notice of termination. Vendor agrees that in the event of such termination, City's obligation to pay Vendor shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Vendor shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 23. No Waiver. Failure of City to enforce any provision of this Agreement, and/or these Terms and Conditions, and/or any other accompanying documents, and/or attachments referenced in herein shall not constitute a waiver or relinquishment by City of the right to such performance in the futurenor of the right to enforce any other provision of this Agreement. 24. Warranties. Vendor warrants that the services performed shall conform to the specifications, drawings, samples or other description specified by the City and that the services were performed in a diligent, professional and workmanlike manner in accordance with industry standards. When defective or faulty workmanship is discovered, Vendor shall provide all labor, materials, parts and equipment to correct such defect or make such replacement at no expense to the City. These warranties shall not be deemed to exclude Vendor's standard warranties or other rights or warranties that City may have or obtain. 25. ADDITIONAL TERMS AND CONDITIONS APPLICABLE WHEN THE VENDOR IS TO PERFORM SERVICES/WORK ON CITY -OWNED PREMISES A. Liens. If, during the work, the Vendor allows any indebtedness or lien to accrue for labor, equipment, or materials, which may become a claim against the City, the Vendor shall immediately pay such claim or indebtedness or cause such lien to be dissolved and discharged by giving a bond and, in case of failure to do so, the City may withhold any money due to Vendor until such claim, indebtedness or lien is paid or may apply such money toward the discharge thereof; or the City may, at its option, terminate this Agreement, take possession and control of the work, and complete the same or cause the same to be completed. Vendor shall pay to City the difference between the Agreement price and the actual cost to the City in completing or causing the work to be completed. B. Work Performed at Vendor's Risk. The Vendor shall perform the work at Vendor's own risk until the same is fully completed and accepted and shall, in case of any accident, destruction or injury to the work or items before final completion and acceptance, repair or replace the work or items so injured, damaged or destroyed, at Vendor's own expense and to the satisfaction of the City. When others furnish items for installation or erection by the Vendor, the Vendor shall receive, unload, store, and handle same at site and become responsible therefore, as though such items were being furnished by the Vendor under this Agreement. C. Insurance. Vendor shall obtain and maintain at its expense, until completion of performance under this Agreement and acceptance by City, the following insurance issued by an admitted insurer authorized to operate in California: 1. COMMERCIAL GENERAL LIABILITY naming City, its officials, employees and agents as additional insured's for injury to or death of persons or damage to or loss of property arising from or connected to Vendor's performance hereunder: $2,000,000 combined single limit for each occurrence or $4,000,000 general aggregate. 2. AUTOMOBILE LIABILITY: $1,000,000 combined single limit per accident for bodily injury and property damage covering owned, non -owned and hired vehicles. 3. WORKER'S COMPENSATION and EMPLOYER'S LIABILITY: As required by the State of California. Each policy must be endorsed to state that coverage shall not be cancelled by either party or reduced in coverage except after 30 days prior written notice to City. Vendor shall furnish to City, before performance of the work, Certificates of Insurance and original endorsements with the original signature of one authorized by the insurer to bind coverage on its behalf. This insurance shall not be deemed to limit Vendor's liability hereunder. If authorized by the City, Vendor shall require that its subcontractors comply with this Section. City reserves the right to require complete certified copies of policies. If Vendor fails to furnish said insurance, City may terminate the Agreement. D. Specifications. Vendor shall comply with the specifications stated in, incorporated by reference in, or attached to this Agreement. E. Prevailing Wages. If applicable, pursuant to provisions of Section 1770, et seq. of the Califomia Labor Code, for all public works contracts, Vendor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. In addition, Vendor shall be responsible for compliance with the requirements of Section 1777.5 of the Califomia Labor Code relating to apprentices on public City of Lynwood Purchase Order Terms and Conditions City of Lynwood Purchase Order Terms and Conditions (Procurement of Services) works contracts. A copy of the prevailing wages to be paid by Vendor is on file with the City Clerk. F. No Subcontractors. Vendor shall perform the work with its own employees under its immediate supervision. Unless approved by City in advance in writing, Vendor shall not subcontract any portion of the work. G. Independent Contractor. Vendor shall be considered an independent contractor and not an agent or an employee of the City. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. The Vendor does not qualify for workers' compensation or other fringe benefits of any kind. The Vendor is responsible for paying all required state and federal taxes. H. Non -Discrimination. The Vendor and its agents, employees or subcontractor(s) shall not discriminate against any person in the performance of this Agreement on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disabled, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules, and regulations. 26. SB 854 (If applicable). Public works reforms (SB 854) were signed into law on June 20, 2014. The reforms made several significant changes to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond -funded and other specified public works projects. SB 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. These new requirements apply to all public works that are subject to the prevailing wage requirements of the Labor Code, without regard to funding source. The City may only award public works projects to contractors and subcontractors that comply with the new Public Works Contractor Registration Law (SB 854). Contractors doing public works must register with DIR and meet the requirements before bidding on public works contracts in California. • No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 27. Signatures of Parties. Vendor and City hereby agree to the terms and conditions set forth herein. This Agreement shall be of no force and effect unless it has been signed by the City's Purchasing Officer or his/her authorized designee (totaling less than $25,000.00) or by the Mayor (totaling in excess of $25,000.00). Exception: If the foregoing Agreement is for services being provided on a Public Project, the City Manager may sign any Purchase Order or agreement totaling $200,000 or less (Resolution No. 2020.016). By: Jose Luis Solache, City Mayor Date Approved as to Form: Noel Tapia, City Attorney Attest: Maria Quinones, City Clerk Vendor: California Street Lighting Legal Name of Vendor By: Title: Date: City of Lynwood Purchase Order Terms and Conditions California Street Lighting 3200 E. Guasti Road, Suite 100, Ontario, CA 91761 +1 7608877775 abel@californiastreetlighting.us Estimate ADDRESS Art Mendez City of Lynwood 11330 Bullis Rd Lynwood, CA 90262 US ESTIMATE # 862 DATE 01/03/2024 JOB LOCATION Lynwood ACTIVITY QTY RATE AMOUNT Jobsite - Intersections 0.00 a) Atlantic Ave/Martin Luther King Jr Blvd b) Bullis Rd/Martin Luther King Jr Blvd c) Imperial Hwy/Martin Luther King Jr Blvd d) Long Beach Blvd/Imperial Hwy Bucket truck 0.00 Electrician 0.00 Laborer 0.00 Traffic control 0.00 Sales 16 1,800.00 28,800.00 Install 10 LED street signs 22"X72" , 6 LED signs 22" X 96" start Date 22 of January 2024 TOTAL DIR # - 1000770050 Accepted By Accepted Date $28,800.00