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RESOLUTION NO.
2004-195
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
AND ISSUANCE OF A PURCHASE ORDER TO GRAY/I.C.E. BUILDERS
INC. FOR THE DESIGNBUILD OF ADA RESTROOMS AT 5 FIRE
STATIONS IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Gray/I.C.E. Builders Inc. is the lowest responsive bidder for the
design/build of ADA restrooms at 5 Fire Stations in the City of San Bernardino. A
contract is awarded accordingly to said Contractor in a total amount of $349,936.00,
with a contingency amount of $50,064.00. Such award shall be effective only upon
said contract being fully executed by both parties. The Mayor is hereby authorized and
directed to execute said contract on behalf of the City; a copy of the contract is
attached hereto as Exhibit A and incorporated herein. The Purchasing Manager is
hereby authorized and directed to issue a Purchase Order which references this
resolution to said Contractor in the amount of $349,936.00.
SECTION 2. The Finance Director is hereby authorized to solicit lease -
purchase rate quotes under the existing Master Lease Agreements and award a lease -
purchase contract to the lowest responsible leasing company.
SECTION 3. Any amendment or modification thereto shall not take effect or
become operative until fully signed and executed by the parties and no party 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 of conduct of any party. This resolution is rescinded if
2004-195
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
AND ISSUANCE OF A PURCHASE ORDER TO GRAY/I.C.E. BUILDERS
INC. FOR THE DESIGNBUILD OF ADA RESTROOMS AT 5 FIRE
STATIONS IN THE CITY OF SAN BERNARDINO.
the parties to the contract fail to execute it within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
AND ISSUANCE OF A PURCHASE ORDER TO GRAY/I.C.E. BUILDERS
INC. FOR THE DESIGNBUILD OF ADA RESTROOMS AT 5 FIRE
STATIONS IN THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San'Bernardino at a
joint regular meeting thereof, held on the 21st day of
June 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVIL,LE x
MCGINNIS x
DERRY x
KELLEY. x
JOHNSON x
McCAMMACK x
Rach 1 G. Clark, City Clerk
The foregoing resolution is hereby approved thW Z3 day of June
20 2004.
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Judith Valles, Mayor
City of San Bernardino
Approved as to form and legal content:
T' G e-.--,.
F. Penman, City
h 2004-195 Exhibit "A"
kAGREEMENT FOR SERVICES
IJ 11 JUL. 7 i004 IIIJJ�J
l=Ac:i_�..
This AGREEMENT is made and entered into this 21st of .1uneMANAW04° 'and
between between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Gray-I.C.E. Builders, Inc., hereinafter referred to as "CONTRACTOR".
WITNESSETH
WHEREAS, City desires to engage a design/build contractor for ADA restroom improvements at five
Fire Stations in San Bernardino, California; and
WHEREAS, Contractor is a licensed building contractor qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the
terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in Request for Quotation # RFQ F-04-048, and
as contained in the proposal dated May 6, 2004, (which is on file at the City Clerk's Office) and
proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are
incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the Request for Quotation # RFQ F-04-048, are made an
obligation of Contractor under this Agreement, subject to any changes made subsequently upon
mutual agreement of the parties. All such changes shall be considered as additional tasks and
shall be incorporated by written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Contractor for the change in scope. Any change,
which has not been so incorporated, shall not be binding on either party.
B. Contractor shall render no extra services under this Agreement unless City authorizes such extra
services in writing prior to performance of such work. Authorized extra services shall be
invoiced based on the authorized additional task amounts.
2004-195
Exhibit "A"
5. COMPENSATION
A. Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $349,936.00 in arrears, for all work and services performed under this
contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. The invoice amount will be based on the actual work performed by task.
Contractor will submit an invoice to the City upon completion of each building or at the
completion of the project.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Contractor shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Contractor.
Any adjustment of the total cost of services will only be permitted when the Contractor
establishes and City has agreed in writing that there has been, or is to be, a significant
changein:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C. The Contractor is required to comply with all Federal, State and local laws and
ordinances applicable to the work. The Contractor is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Contractor to City and shall be paid by City within twenty (20) days after receipt of same,
excepting any amounts disputed by City. Dispute over any invoiced amount shall be
noticed to the Contractor within ten (10) days of billing and a meet and confer meeting
for purposes of resolution of such dispute shall be initiated by the City within (10) days
of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Facilities Management of City, or his designee, shall have the right of
general supervision over all work performed by Contractor and shall be City's agent with
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2004-195 Exhibit "A"
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
City and required for its timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit "I".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Contractor such extensions of
time and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Contractor shall notify City within three (3) days in
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2004-195 Exhibit "A"
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
11. INDEPENDENT CONTRACTOR
Contractor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Contractor shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Contractor and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR CITY
(y Kevin Griffin
Gray-I.C.E. Builders, Inc.
( la l 47- c r rritos Ave
Anaheim, CA 92805
' 14. RESPONSIBILITIES OF PARTIES
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its
agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
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2004-195 Exhibit "A"
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Contractor that are pertinent to
the contract for audits, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested.
15. HOLD HARMLESS CLAUSE
A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Contractor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense of the City Attorney and members of his office, in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
16. INDEMNITY
Contractor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Contractor's negligent performance of services under this Agreement.
Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless
Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities of, by or with respect to third parties, which arise from the City's negligent
performance under this Agreement. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from
the joint or concurrent negligence of Contractor and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
17. LIABILITY/INSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days written
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2004-195 Exhibit "A"
notice from the insurer to the City prior to any change or cancellation of any insurance policy of the
Contractor.
A. Comprehensive General Liability and Automobile Insurance. The Contractor shall
maintain comprehensive general liability and automobile liability insurance with a combined
single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Contractor shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Contractor.
18. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
///
Exhibit "A"
2004-195
AGREEMENT FOR Services with Gray-I.C.E. Builders, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
BY: RQ J'Vl ' Uwt�
Rachel Clark, City Clerk
City of San Bernardino
CJ <
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
0•
CITY OF SAN BERNARDINO
FEW
It Valles, Mayor
of San Bernardino
.E. Builders, Inc.
BY:jw
Signature
NAME: 5l l G( zns 5 ( � llf—
TITLE: C I'a
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r
2004-195 l
Exibit 1
PRICE SHEET
F04-048 ADA Restroom Improvements
ITEM Description Price
1 ADA Restroom Improvements as Proposed at $ 54,276.00
Fire Station #222, 1201 W. Ninth Street
2 ADA Restroom Improvements as Proposed at $ 40,968.00
Fire Station #223, 2121 Medical Center Drive
3 ADA Restroom Improvements as Proposed at $ 40,968.00
Fire Station #225, 1640 Kendall Drive
4 ADA Restroom Improvements as Proposed at $ 118,397.00
Fire Station #227, 282 West 40th Street
5 'ADA Restroom Improvements as Proposed at $ 53,859.00
Fire Station #228, 3398 E. Highland Ave.
Total for all (5) locations $ DOO
s�
GRAY / ICE Builders, Inc.
516/04
3`lR/q3b.�
F04-048 ADA Restroom Improvements
ITEM Description Price
1 ADA Restroom Improvements as Proposed at $ 60.000.00
Fire Station #222, 1201 W. Ninth Street
(incl. Ceramic tile floor and 4' wainscot)
2 ADA Restroom Improvements as Proposed at $ 54,968.00
Fire Station #223, 2121 Medical Center Drive
(incl. Ceramic tile floor and 4' wainscot)
3 ADA Restroom Improvements as Proposed at $ 54,968.00
Fire Station #225, 1640 Kendall Drive
(incl. Ceramic tile floor and 4' wainscot)
4 ADA Restroom Improvements as Proposed at $ 120,000.00
Fire Station #227, 282 West 40th Street
(incl. Ceramic tile floor and 4' wainscot)
5 ADA Restroom Improvements as Proposed at $ 60,000.00
Fire Station #228, 3398 E. Highland Ave.
(incl. Ceramic tile floor and 4' wainscot)
Total for all (5) locations
$ 349,936.00
GRAY / ICE Builders, Inc.
REVISED 5121/04