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HomeMy WebLinkAbout1990-326M V 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 27 28 RESOLUTION NO. 90-326 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DORST AND DRYDEN GLASS CONTRACTORS FOR REPLACEMENT OF EXTERIOR DOORS AT CENTRAL CITY MALL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Dorrt and Dryden Glass Contractors is the lowest responsible bidder for: Replacement of Exterior Doors at Central City Mall, in accordance with Plan No. 8014; for the total amount of $31,300.00, a contract is awarded to said bidder accordingly, but such award shall be effective only upon the contract being fully executed by the parties; all other bids therefore are hereby rejected; and the Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifica- tions 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 urse of conduct of any party. SECTION 3. This resolution is rescinded if the parties the contract fail to execute it within sixty (60) days of the ssage of this resolution. / / / / / / / / 6-28-90 ~RGH: rs r 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 RESO: AWARDING A CONTRACT, TO WORST AND DRYDEN GLASS CONTRACTORS FOR REPLACEMENT OF EXTERIOR DOORS AT CENTRAL CITY MALL. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adiournea regular meeting thereof, held on the 23rd day of July , 1990, by the following vote, to- Twit: Council Members: AYES ESTRADA REILLY X FLORES X MAUDSLEY X MINOR g (POPE-LUDLAM X (MILLER ~_ NAYS ABSTAIN City erk ,G-~ The foregoing resolution is hereby approved this ~ YES day of 1990. C ~, ~ . . R. oleo , Mayor City.:' of San Bernardino Approved as to form and legal content: James F. Penman City Attorney n l T~ 16-28-90 - 2 - C/TY CLE/~f~ FILE N0. 6.51-15 W.O. N0. 1380 /- L ?~ , ~' CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS SPECIAL PROVISIONS N0. 8014 FOR FURNISHING AND INSTALLING ENTRY DOORS AT THE CENTRAL CITY MALL DIVISION OF EPUBLIC RWORKS pEPARTMEN7SAN gERNARDINO CITY OF 1990 MARCH TO THE HOURO OF CEMAED UP 199 g1D 2 OOLP ME RE y 22 ., ~7 ~` ~~N~/3 ' Engineer's Estimate $ 29,843.00 t NOTICE INVITING BIDS ' NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for: ' FURNISHING AND INSTALLING ENTRY DOORS AT THE CENTRAL CITY MALL IN ACCORDANCE WITH SPECIAL PROVISIONS N0. ' 8014, ON FILE IN THE OFFICE OF THE CITY ENGINEER, THIRD FLOOR, CITY HALL ' Deliver all bids to the City Engineer's Office, 3rd floor, City Hall, 300 North "D" Street, San Bernardino, California, with the Specification title and number clearly marked on the outside of ' the envelope. Said bids or proposals will be received up to the hour of 2:00 p.m., on May 22 1990, at which time all of said bids or ' proposals will be publTCly opened, examined and declared in the City Engineer's Conference Room, third floor, City Hall. No bid will be received unless it is made on a proposal form furnished by the City. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check ' or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements ' will be delayed, and the p ublic will suffer great damage. From the nature of the case, it would be extremely difficult and impr acti cal to fix said amount of da mages. Therefore, the City ' and the bidder agree that the above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. ' Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 12846 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set forth at length herein, have ' ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman need ed in the execution of ' contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to "General Prevailing Wage Determination made by the Director o f Industrial ' Relations", filed in the Off ice of the City Clerk, wh ich are made ' a part of said Resolution No. 12846 and amendments thereto. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 2230 of the California Government Code and Section 10263 of the California Public Contract Code. ' It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub-contractor under him to pay not less than said specified rates to all laborers, workmen, and ' mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the ' provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. The City of San Bernardino reserves the right to reject any and ' all bids. No bidder may withdraw his bid within 45 working days from the date of the bid opening. ' Plans and Specifications may be obtained from the City Engineer's Office, third floor, City Hall, 300 North "D" Street, San Bernardino, California 92418, upon a non-refundable payment of $5.00 for each set. ' The Contractor shall possess a Class C-17 or C-61 License at the time of the bid. A contract will be awarded at the next ' regular meeting of the Mayor and Common Council after the bids are opened. A mandatory pre-bid field review for prospective bidders will be conducted on Ma 15 1990, at 10:00 a.m. The review will commence at the n ormation Booth on the 2nd level of the Mall, at the main entrance to the J. C. Penney Store. All bidders are required to attend. All bidders shall be pre-qualified prior to submitting a bid. t Pre qualification shall consist of completing the Pre-qualification Form, attached as Appendix "A", and submitting it to the Public Norks Department Office on the third floor of City Hall, seven (7) calendar days prior to bid opening. These ' forms will be reviewed by the Director of Public Norks/City Engineer, whose decision shall be final. No bid will be received from a bidder who has not been pre-qualified. CITY OF SAN BERNARDINO ' NOTICE TO ADVERTISE ~~ ~~ ~ri.CIFICa.r~01v NO............8014 AUNA CLARK, City C er ................. ,~in!t APPGIR IN FIRST ISSUE NOT LATER THAN. ~ECOti'D P!iI3LICATION FIVE DAYS LATER SIGNATURE....___...,,_..._,,,,DATE..._._~. ' PROPOSAL FORM ' TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ' The undersigned declares that he has carefully examined the location of the proposed work, that he has examined ' the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the ~' FURNISHING AND INSTALLING ENTRY DOORS AT THE CENTRAL CITY MALL ' in strict conformity with Plans and Special Provisions No. 8014 City of San Bernardino, Department of Public Works, and also in accordance with Standard Specifications for Public Works Construction, 1988 ' Edition. Undersigned propos es and agrees if this proposal is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the ' contract annexed hereto, to provide all neces sary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the ' materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: 1 ~~ C G 1 1 1 BID SCHEDULE SPECIAL PROVISIONS N0. 8014 DESCRIPTION OF ITEMS WITH UNIT QUANTITY UNIT UNIT PRICE WRITTEN IN IJORDS UNIT PRICE TOTAL 1. 1 L.S. Remove and Install (3) Pair Doors at the Northeast Arcade, Upper Lev@1, includ- ing all appurtenant facilities as called for in Special Provisions No. 8014, at the Lump Sum price of Three Thousand, Three Hundred Seventy and ~~ L.S. $3,370.00** ' 2. 1 L.S. Remove and Install (3) Pair Doors at the Northeast Arcade, Lower Level, including all appurtenant facilities as called for in Special Provisions No. 8014, at the ' Lump S u m p r i c e o f Three Thousand, Three Hundred Seventy and No Cents**** 1 1 1 L.S. 3. 1 L.S. Remove and Install (3) Pair Doors at the Northwest Arcade, Upper Level, including all appurtenant facilities as called for in Special Provisions No. 8014, at the Lump S u m p r i c e o f Three lYqusand, THree Fkidr~:d Seventy and No Cerrts**** L.S. $3,370.00*t ' 4. 1 L.S. Remove and Install (3) Pair Doors at the Southwest Arcade, Upper Level, including all ' ' appurtenant facilities as called for in Special Provisions No. 8014, at the ' L u m p S u m p r i c e o f 'r}m~ Thousarxl, Three Hrvlr~ed Seventy and No Ce~ts**** L.S. i~ 1 CI' 1 1 1 LJ BID SCHEDULE SPECIAL PROVISIONS N0. 8014 DESCRIPTION OF ITEMS WITH UNIT QUANTITY UNIT UNIT PRICE WRITTEN IN IJORDS UNIT PRICE TOTAL 5. 1 L.S. Remove and Install (3) Pair Doors at the Southwest Arcade, Lower Level, including all appurtenant facilities as called for in Special Provisions No. 8014, at the Lump Sum price of Three HL~dred Seventy and No Cans L.S. $3,370.00** ' 6. 1 L.S. Remove and Install (3) Pair Doors at the Southeast Arcade, Upper Level, including all ' appurtenant facilities as ' called for in Special Provisions No. 8014, at the ' Lump Sum price of Th Three Hundred Seventy and ~~ ~"" 7. 1 L.S. Remove and Install (3) Pair ' Doors at the Southeast Lower Level, including Arcade, all appurtenant facilities as called for in Special Provisions No. 8014, at the ' Lump S u m p r i c e o f Three Thousard, ' Three Mndred Seventy and No Cents**** $3,370.00** $3,370.00 ' 8. 1 1 L.S. Removal of (1) Pair Doors, Glass Panel and Installation of (2) Pair Doors at the "E" Street Arcade, Upper Level, including all appurtenant facilities as called for in Special Provisions No. 8014 at the Lump Sum price of Tw[r Thousand. Nine Hundred Forty and No Casts L.S. L.S. L.S. $2,940.00** I , ' BID SCHEDULE SPECIAL PROVISIONS N0. 8014 1 DESCRIPTION OF ITEMS WITH UNIT ~1NIT QUANTITY UNIT UNIT PRICE WRITTEN IN 410RDS PRICE TOTAL 9. 1 L.S. Removal of (4) Pair Doors L.S. ' and Installation of (3) Pair Doors and Glass Panel from Upper Level at the "E" Street ' Arcade, lower level, includ- ing all appurtenant facilities as called for in Special Provisions No. 8014, at the ' L u m p S u m p r i c e o f Four Thousand, Seven Fkrdred Severity and s~ $4,770.00** TOTAL BID $ 31,300.00******** 'NOTES: 1 ~~ 1 The unit price must be written in words and also shown shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided. i~ ' In case of a discrepancy between words and figures, the words shall prevail. ' d i d t the th work ers gne It is the understanding of the un a hereinabove described shall be commenced within 10 days from the date of the "Notice to Proceed", an sha be ' completed within 30 working days from the date of said notice. ' The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this proposal shall be paid to the City of San Bernardino as liquidated damages. ' Licensed in accordance with an act providing for the registration of Contractor, License No. 372961 Classification C17 ' FIRM NAME: Do'rst and Dryden Glass Contractors BUSINESS ADDRESS: 10419 Mills Avenue, Montclair, CA 91763 ' SIGNATURE OF BIDDERS: Cr-~ James J. Dbrst, Presi ent If an individual, so s ate. If a firm or co-partnership, ' state the firm name and give the names of all individuals, co- partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, ' secretary, treasurer and manager thereof. DBrst and Dryden Glass Contractors ' James J. Dorst, Presiednt/Tresurer Gary J. Dryden, Vice President/Secretary ' Telephone No. (714) 625-5436 ' Dated: June 11, 19 90 ' BIDDERS ACKNONLEDGEMENT OF ADDENDUMS: ADDENDUM N0. 1 X DATE: 5-17-90 ' ADDENDUM N0. 2 DATE: ' ADDENDUM N0. 3 DATE: i I II II CERTIFICATION II ' I am aware of, will comply with, Section 3700 of the ' Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of the work. ' Contractor: NAME OF FIRM: Dorst and Dryden Glass Contractors ' BY: TITLE: James J. Dorst, President ' DATE: June 11. 1990 1 Lam' 1 ESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of California ~ublic Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each sub- contractor who will perform work or labor or render service to the Contractor. ,TRADE SUB-CONTRACTOR CITY LICENSE N0. CLASSIFICATION NONE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On this day 18TH of MAY, in the year 1990 before me, the undersigned Notary Public, in and for the State of California, personally appeared V. MARTINEZ personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney in fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and Notary Seal this 18TH day of MAY A. D. 1990 My commission expires • OFFICIAL SEAL • y"`'~ TODD ARNOLD ~/~~' NOTARY PUBLIC ~ CALIFORNIA ~~ I • • NOTAflY BOND FlIED IN ~~ ~ ; • SAN BERNARDINO COUNTY • • My Commiuion Expire January 2l, 1994 •••••••••N••••••••••••••q•••••••r••••• 7ignature of Notary 1 ' CERTIFIED COPY . `~' GII~IER1gy POWER OF ATTORNEY ~' ' 99081 No........... .............................. 1 Knot all .ll~n br thaw /rMewfer ' Tlut UNITED STATES FIDELITY AND GUARANTY COJl P.4NY, a rnrporation orpniml and a:fining under the lawn of the State of Maryland and haying its principa{ o6tce at the City of B.ltimorc, in the State nF Saryland. dose hereby ennetituts and appoint V. Martinez of the Ciry of ~~ Starr of Calift7r<i138 in trne and lawful attorney in and (nr thr Stue oI (•al if~jd 1 fray the following purposes, a. wit: To sign its name n sully tn. and to eaaente. and aed uknow ledge any and all hoods, and to mpeetiyely do and perform any end ' sll un aad ehinp set forth im the reaolntion of the Board of Dirceton of the said [tNlTED STATES FIDELITY AND GUARANTY f.OS[PANY, a cenified mpy of whie6 fie hetam anae:ed and made a part of Chia Power of Mtorney; and the said UNITED STATES FIDELITY AND GUARANTY C.0\[PANY. through n. its Board of Directnn, hereby ntiba earl rambrms all and whatsneyer the :aid V. Martinez ' may lawfnBy de in the premisea by yirtne n( these presemt. -'- !n Ilftater IIAa-eof, the acid UNITED STATES FIDELITY AND CII.4RANTY CO\IPANY has caused this inaruotent to be realyd with iU corporate anal, duly attested by 1M signuora of iu VieaPreaident sm1 Assistant Secretary. this 27th day of ' Marctl , A. D. 19 87 UNITED SPATES FIDELTY AND f,UARA\TT COMPANY. ' (Signed) ny...W. Bradley Wallace ......................... Pice•Pruidenr. ' (SEAL) Stephen J. 'iieclaer (Signed) ................................................ Aariarant Secretary. STATE OF MARYLAND. j BALT1D10RE CITY, J p• On~4~• 27th day of Mlfreh . A. D. 19$7 ,before me personally came W ~~++e7 W~~~' . Vice•Praident of the UNITED STATES FIDELITY AND GUARANTY CODIPANY and Stepht~ J. 'lYeClOet , Awiwel Seeraary of said Company, wiQt both of whom I am peraenally-acquainted. who being by me se.enlly dolt' awmm, said that they. the acid W. Bradley Wallace and $tt~ J. TteCl~r were rcapeetiwly the Vice•Prgident and the Aa.iatant Secmary of the acid UNITED STATES FIDELITY AND GUARANTY COMPANY, lhr corporation deaeribed in and which ereeuted the foregoing Power of Attorney: that thq each knew the seal of said rnrpnratimt; that the seal alb red en said Power of Attnney was each corporate aesl. that it wse ' so b:ed by order of tM Bwrd of Directors of wid earpontion, and tlmt they aignrd thrir names thereto by like order an Tice-Prcaident and Aaeistaat Secretary. rcspectiyely, of the Company. My rnmmissien npira the brat day in luly, A. D. 19. ~ . (SEAL) (Signed) Margaret M. Htsst 1 ......... ......................................... Notary Public. FS 3 lLe7) 1 ~.. ' UNITED STATES FIDELITY AND GUARANTY COMPANY BALTIlIORB, MARYLAND A STOCK COMPANY ' BID BOND Bond No.40-0120-258-78 ' KNOW ALL MEN BY THESE PRESENTS: ' THAT DORST 6 DRYDSN GLASS CONTRACTORS, INC. of I~NTCLAIR, CALIFORNIA as Principal, and UNITED STATES PIDELITY AND GUARANTY COMPANY A Maryland corporation as Surety are held and firmly bound unto: ' CITY OF SAN BERNARDINO as Obligee, in the full and just sum of: TEN PERCENT (10$) OF THE TOTAL AMOUNT BID******* ' lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these ' presents WHEREAS, the said Principal is herewith submitting its proposal FURNISHING AND INSTALLING ENTRY DOORS AT THS CENTRAL CITY HALL 1 ' THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract, the said Principal will, within the time required enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and ' conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the said Principal and the amount for ' which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. ' Signed, Sealed and delivered: 5/18/90 DORRT ~ DRYDEN GLASS CONTRACTORS, INC. By: ' James Dorst, President UNITED STATES FID AND GUARANTY COMPANY 1 By. . V. MARTI ATTORNEY N FACT ' SPECIAL PROVISIONS SECTION 1 ' SPECIFICATIONS AND PLANS ' 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, and City of San Bernardino Standard Drawings, insofar as the same may apply and in accordance with ' the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard ' Specifications the following terms are used, they shall be understood to mean and refer to the following: A enc - The City of San Bernardino. ' Board - The Mayor and Common Council for the City of San Bernardino. Engineer - The Director of Public Works/City Engineer for the City of San Bernardino. ' Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. ' Notice Advertising For Bids ' Notice inviting bids. Standard Specifications Standard Specifications for Public Works Construction. ' Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take ' precedence over and be used in lieu of such conflicting portions. ' SP-1 1 ' SECTION 2 2-1 PROPOSAL REQUIREMENTS AND CONDITIONS ' 2-1.01 GENERAL -- Bids must be submitted on t he proposal form contained herein. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten p ercent (1.0%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder ' will enter into the contract, if awarded to him. In the event the bidder, to whom the contract is awarded, refuses to execute said contract, the use by the public of the improvements will t be delayed and the public will suffer great damage. From the nature of the ca se, it would be extremely difficult and impractical to fix said amount of damage. Therefore, the City ' and the bidder agree that the proposal guarantee of 10% of the bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a forfeiture. Bid bonds ' shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. ' SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Award of the contract will normally be ' made by the Mayor and Common Council at the subsequent Council Meeting after opening of the bids. The bidder, to whom the contract is awarded, shall file with the Engineer all required ' bonds and insurance policies, and execute the contract, within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for recession of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful ' Performance Bonds shal be filed with the Engineer before the contract is executed by the City in accordance with Section ' 2-4, "CONTRACT BONDS", of the Standard Specifications. ' SP-2 II i ' SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4-1.01 -- Attention is directed to the provisions in ' Section 6-1, "Construction Schedule and Commencement of Work", in Section 6-7.1, "lime of Completion", and in Section 6-9, "Liquidated Damages", of the Standard Specifications and these ' Special Provisions. The Contractor shall diligently prosecute the work to ' completion before the expiration of 30 WORKING DAYS ' from the date of the "NOTICE TO PROCEED". The Contractor shall pay to the City of San Bernardino the ' sum of $ 100.00 per day, for each calendar day's delay in finishing the worfc in excess of the number of working days prescribed above. I , I I 1 I~ SP-3 I_J ' SECTION 5 5-1 LEGAL REQUIREMEN7S ' 5-1.01 LIABILITY INSURANCE --The Contractor's attention ' is directed to Section 7-3, Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract. 5-1.02 WORKMEN'S COMPENSATION INSURANCE -- The ' Contractor's attention is directed to Section 7-4, "Workmen's Compensation Insurance', of the Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Workmen's Compensation Insurance before execution of the contract. 5-1.03 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each cra t or workman employed on this project not less than the prevailing wage rates specified in Resolution No. 12846 of the Mayor and Common ' Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or workman on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 12846. ' 5-1.04 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776 ' (Stats. 1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep ' an accurate payroll record, showing the name address, social security number, work classification, straight time and overtime hours worked each day and week, and the ' actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office ' of the Contractor on the following basis: (1) A certified copy of an employee's payroll ' record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. SP-4 ' (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the ' Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all of his subcontractors, in addition to his own employees. Failure to submit the records ' enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.05 DISCRIMINA7IONlAFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it wil not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. ' Contractor shall promote affirmative action in its hiring practices a nd employee policies for minorities and other designated classes in accordance with Federal, State and Local ' laws. Such action shall include, but not be limited to, the t advertising i following: , tmen recruitment and recru employment, upgrading, and promotion. In addition, Contractor shall not e xclude from participation under this Agreement any ' employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 1 1 1 ' SP-5 ' SECTION 6 6-1 GENERAL ' h 6-1.01 INCREASED O R DECREASED QUANTITIES - - If t e total pay quantity of any item of work, subject to the provisions in Section 3-2. 2.1, "Increa sed or Decreased Quanti ties", of the ' Standard Sp ecifications varies by more than 25 percent. compensation payable to the Contractor will be determined in ' accordance Provisions with said Section 3-2.2.1 and these Special . When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than 51,500 at the applicable contract unit price, the Engineer reserves the right to make no ' adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accomplished by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's ' Estimate, therefore, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment for the total pay quantity of such item of ' work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. ' 6-1.02 SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and ' excessive noises. Each internal combustion engine, used for any purpose on the job or related. to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combusion engine shall be operated on the project without said muffler. No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during the hours of 10:00 ' p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and Common Council of the City of San Bernardino. SP-SA 1 1 Said noise level requirement shall apply to all equipment on ' the job or related to the job, including but not limited to trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light war nings except those required by ' safety laws for the protection of personnel. ' 6-1.03 PERMITS AND LICENSE - City Business License prior to ex - The contr ecution of actor shall obtain a the contract. , 6-1.04 EXTRA WORK -- Any extra work done shall conform to ' the provisions o~~ion 3-3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. However, equipment rental ' rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES", lat- est edition, unless the extra work is done for a negotiated ' price. 6-1.05 HOURS OF LABOR -- In the event that the Engineer is ' required by the Contractor s operations to work more than eight (8) hours in any given day, or more than forty (40) hours in any given week, or on any Saturday, Sunday, or holiday, in the ' setting of lines and grades or performing inspections, the Contractor shall pay an amount to the City equal to one and a half (1-1/2) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next following ' progress payments. 6-1.06 PAYMENTS -- Attention is directed to Section 9-3, ' "PAYMENTS", and-2 "PARTIAL AND FINAL PAYMENT", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials on hand ' which are furnished but not incorporated in the work. In any area visible to the public, the following shall aPPIY~ All materials removed during the construction operation shall be disposed of concurrently with its removal. ' full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for ' the various contract items of work involved and no additional compensation will be allowed therefor. 1 1 1 SP-6 1 7-1 DESCRIPTION OF WORK SECTION 7 ' 7-1.01 GENERAL -- The work to be done consists, in general, of removing the existing doors, overhead concealed closures, and thresholds; installing new doors, overhead concealed closures and ' thresholds; and such other items or details not mentioned above, that are required by the Standar d Specifications, or the Special Provisions, shall be performed, placed, or installed as directed ' by the Engineer. 1 I SP-7 ' SECTION 8 8-1 TECHNICAL SPECIFICATIONS 8-1.01 GENERAL -- The work to be done under these ' Specifications shall consist of furnishing all the necessary labor, material, and equipment to complete in every detail the work called for in these Specifications and in accordance with ' the requirements of the manufacturer and as directed by the Engineer. 8-1.02 MATERIALS -- All materials shall be manufactured by ' Rebco West or approved equal. The local supplier of Rebco West doors is Arrowhead Glass Co., 248 South Sierra Way, Unit H, San Bernardino, CA 92408, Phone (714) 888-7330. ' All substitution shall be submitted to the Engineer in writing, five (5) days prior to the bid opening. No requests for substitutions will be considered by telephone. ' 8-1.03 REMOVALS AND INSTALLATION -- All doors to be removed and replaced shall include the fo owing: All new doors shall be clear anondized aluminum, medium stile, 10" bottom, 3 point lock systems, lock indicator, cylinder guard, new 7" aluminum threshold (maximum lip 1/2"), and 2 flat push bars, and also included is clear tempered glass and new overhead concealed closures. The locations and number of doors to be removed and replaced is as follows: ' 1. 2. North North East East Arcade Arcade Upper Lower Level Level 3 3 Pair pair 3. North West Arcade upper Level 3 Pair 4. South West Arcade Upper Level 3 Pair S. South West Arcade Lower Level 3 Pair ' 6. South East Arcade Upper Level 3 Pair 7. South East Arcade Lower Level 3 Pair ' 8. 9 "E" Street "E" Street Arcade Arcade Upper Lower Level* Level* 2 3 Pair Pair . *Contractor shall remove existing glass panel from Upper ' Level and install additional pair of doors. Glass panel shall then be installed at Lower Level in place of the 4th pair of doors as shown on detail drawings included in these Special ' Provisions and as directed by the Engineer. 8-1.04 MISCELLANEOUS -- The Contractor shall not remove any ' doors from the job site until he has the new doors and all hardware required to install the doors complete in place. 1 SP-8 1 ' The Contractor shall remove the existing lock cylinders from each door and install in new doors. All entry doors shall be in a lockable condition at the end of each working day. The Contractor shall conduct the work at all times in a ' manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or walkways. During the repairs the Contractor shall provide temporary ' barricades to farm pedestrian passages which will preclude injury to individuals passing through the work area. ' The Contractor shall remove all debris and excess materials caused by his operations, and the entire area shall be left in a neat and clean condition. A ny existing improvements which are damaged or removed during the course of construction of the ' project shal l be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, at no cost to the City. 8-1.06 GUARANTEES -- The Contractor shall guarantee in writing the doors to be free of defective workmanship and materials for a period of one year from the date of completion ' and acceptance of the project by the Engineer. The Contractor shall make all repairs necessary due to defective workmanship or materials that occur during the one-year period at no cost to the City. 1 1 SP-9 1 1 1 1 ' MONTr,OME.Py wazvs AQGAOEEST 4 ~ ST. QO~ ~~ EST J.C. PENNY NO,PTf1 EAST A.PCA DE _. /Nf0.2MAT/ON c300TH HA~~iS CO• Z ~ ST. CENT/PAL C/TY MALL KEY MAP EAST .4~PCAOE N V z w~ . a ~~y~ ~ {1r. 1' ~ M ~ - i y ~ - JW ~ a ~a ~1 , ~l ~9 ~7 d z -~ i ~, '- W~tra N~ . Vi t9 ~ Q F ~ o ~ _ r , ~ jm,.~ d- ~ I ~_ 1 1 III ~ a It ., r LJ ~ ~1 ~~ ~ ~ u ~ 5 ~~ q a ~~ I ~~\ ~~ ~~~ II I -_~-_- _. . ~' ~ ~ w Z 1"' Z W W v a J Q V a ~` 1 O Q 7 w J 1JJ ;2 ?mo . ~4~ ~u?te ~q~ -- ---- - -, ~-; J W W J W d Q. ~. I W Q a J a ~I w~ _, c r LL ~. i N VL ~ r RI III ~~ ~; m; t ~' ~- w MI r~ `9 ~ N ~9I __4.. m ~'I to ~ - 1 N f n~~i~ r Nr iL~ n~~,L __ ~~ °aQ u, eq Q 44 ~ ,N `~ ~~ ~ ~l~ ~~ ~ 1°W` ~~ w ~W ~Z ~° !-- Q w J Lll DEPARTMENT OF PUBLIC WORKS CITY Of SAN BERNARDINO PRE-QUALIFICATION FORM FOR BIDDERS Furnishing and Installing Entry Doors at the Central City Mall Special Provisions No. 8014 MARCH 1990 All prospective bidders shall complete this form and receive approval in writing from the Director of Public Works/City Engineer prior to submitting a bid. I. REFERENCES: On Comparable Projects Name Address Contract Phone 1. 2. 3. 4. II. FINANCIAL INFORMATION: 1. Banking Institution 2. Bonding Company 3. Insurance Agent III. DATE FIRM FORMED: IV. OWNERSHIP OF FIRM: Signature: Title: APPENDIX "A" firm Name: Address: Telephone No.: Fax No.: For use By Department of Public Works Date Received: By: Approved Disapproved By: Title: Date: APPENDIX "A" 1 1 1 I~ 1 A G R E E M E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this ~'S'~ day of us'e' 1990, between the City of San Bernardino herei nafter ~"City") , and ~SRStaud DRyclcnr Csl~4s5 C_o~1{R2c-IoQS (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, Contractor agrees with the City, at Contractor's own proper cost and expense in the Special Provisions to be furnished by the City, necessary to complete in good workmanlike and substantial manner the FURNISHING AND INSTALLING ENTRY DOORS AT THE CENTRAL CITY MALL in strict conformity with Plans and Special Provisions No. 8014 and also in accordance with Standard Specifications or~Pu6Tic Works/Construction, 1988 Edition, City of San Bernardino, Department of Public Wor s ngineering Division, on file in the Office of the City Engineer, which said Special Provisions, and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. 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. 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 t 1 1 1 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. 4. It is further expressly agreed by and between the parties hereto that should there by any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal 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: ~J~ 7o4s'f' 2ii~ 4//~EN l7YaS5 C_L1fYERaC.'~QS ~-c~~y y : _~Am~S ~ . L`3o4s~' TITLE: ~Q°~s~UC~~ MAILING ADDRESS: _ ~~~~C11'YII~~S AvENU~ w~cl~~, e.A ai1~~ ' PHONE NO.: L~(~ul~~s-~~~ rTTV nF ATTEST:~..~.-lam ~~ !Ljt,<GGLES'1 tt-~ ~~~ -ZLy aG~e2ed ~,i~~N"/_ ~~ -~HAUNA CLARK, ty er APPROVED AS TO FORM AND L GAL CONTEN ~ ~iY~.-~ City Attorney