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HomeMy WebLinkAbout24-Facilities Management ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Dept: Facilities Management Subject: Resolution authorizing execution of a contract and issuance of a Purchase Order to Gray ILC.E. Builders for the design/build for ADA restrooms at 5 Fire Stations in the City of San Bernardino. Date: January 6, 2004 OR\G\NAL MICC Meetin2 Date: February 2, 2004 Synopsis of Previous Council Action: 10-6-03 Authorization to reject all bids and to solicit new bids for the design/build for ADA restroom improvements at 5 fire stations in the City of San Bernardino. Recommended Motion: 1. Adopt Resolution, and 2. Authorize the Director of Finance to solicit lease-purchase rate quotes under the existing Master Lease Agreements and award a lease-purchase contract to the lowest responsible leasing company, and 3. Authorize the Director of Finance to amend the FY03-04 budget and include the loan proceeds and expenditure of those proceeds in Fund 211 (Fire Equipment and Alterations Fund) ~ James W. Sharer Director of Facilities Mana ement Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 4,5,6 FUNDING REQUIREMENTS: Amount: $360,000.00 Source:: Municipal Lease Financing Acct # 001-092-5803 Council Notes: ~~#~ Barbara Pa lion ~ ~ Director of Finance Agenda Item No. , CITY OF SAN BERNARDINO - REQUEST FQR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing execution of a contract and issuance of a Purchase Order to Gray/LC.E. Builders for the designlbuild for ADA restrooms at 5 Fire Stations in the City of San Bernardino. BACKGROUND The project consists of preparation of design plans and specifications for the installation of ADA Restroom improvements at the following Fire Stations: Fire Station #222 Fire Station #223 Fire Station #225 Fire Station #227 Fire Station #228 1201 W. Ninth Street 2121 Medical Center Drive 1640 Kendall Drive 282 West 40th Street 3398 E. Highland Ave The main intent and requirement of the project is to provide each selected Fire Station with two separate restroom facilities, one ADA compliant. Upon approval of the contractor's design and specifications the scope includes a turnkey installation of the project as designed. The selected contractor is responsible for site preparation, utilities, concrete slab, construction, installation of finish plumbing fixtures and all other steps needed to complete the ADA improvements at these Fire Stations. The City per site estimate of the cost for the project is as follows: Station Fire Station #222 Fire Station #223 Fire Station #225 Fire Station #227 Fire Station #228 Estimate TOTAL $ 60,000.00 $ 60,000.00 $ 60,000.00 $120,000.00. $ 60,000.00 $360,000.00 · Fire Station 227 will require extensive modifications. including additional floor space. l Request for Quotations # RFQ F -04-040 was mailed to nine vendors, the San Bernardino Chamber of Commerce, advertised in the Sun newspaper, and placed on the City Website. Three bids were received on December 15, 2003, and were reviewed by Marsha Zeller, Purchasing Manager, and David Taylor, Project Manager. The bid results are as follows: 2H Construction Gray/I.C.E. Reyes Constr. Base Bid Base Bid Base Bid Fire Station #222 $155,000.00 $51,489.00 $42,500.00 Fire Station #223 $148,000.00 $36.590.00 $42,500.00 Fire Station #225 $148,000.00 $36,590.00 $42,500.00 Fire Station #227 $160,000.00 $116,074.00 $81,200.00 Fire Station #228 $158,000.00 $50,239.00 $42,500.00 TOTAL $769,000.00 $290, 982.00 $251,200.00 Reyes Constructors did not provide a proposal that included the two separate restroom facilities per Fire Station. Instead their design proposal reflects space, shower, toilet, and lavatory revisions that would create one large bathroom facility per Fire Station. While Reyes' proposal cost was the lowest of the three submittals, upon review of their submitted design, Stafffound Reyes proposal non-responsive to the intent and requirements of the project. Gray/I.C.E. Builders provided a proposal that included two separate restroom facilities, one ADA compliant per Fire Station. Staff found Gray/LC.E. Builders proposal to be responsive to the intent and requirements of the project. Gray/I.C.E. Builders submitted alternate additions of new tile wainscots and flooring in both new and remaining existing restroom spaces in lieu of the base bid of wall FRP and vinyl flooring in new restroom space and no replacement in the remaining existing spaces. Their alternatives also included prep and paint of the remaining existing restroom spaces. In discussion and clarification of the alternate addition scope with the contractor, Gray/I.C.E. Builders agreed to a reduction in proposal price of20% ifthe City options to perform the alternative additions at all five sites. Station Base Bid Additional wall and Addition ifall 5 floor tile, and paint sites considered scope per site. (20% deduct) Fire Station #222 $51,489.00 $7,470.00 $5,976.00 Fire Station #223 $36,590.00 $ 8,492.00 $6,793.00 Fire Station #225 $36,590.00 $ 8,492.00 $6,793.00 Fire Station #227 $116,074.00 $6,798.00 $5,438.40 Fire Station #228 $50,239.00 $7,152.00 $5,721.00 TOTALS $290,982.00 $38,404.00 $30,723.20 Staff also acknowledges that various unforseen conditions may arise in this project. A contingency budget oftwelve percent (12%) is requested at this time. Project bid with alternatives: Contingency (12%) Total project budget 321,705.20 38.294.80 360,000.00 Staff recommends awarding the base bid and alternative addition scope of work to Gray/I.C.E. Builders for the amount of $321,705.20, and authorizing a contingency amount of$38,294.80 to cover unforseen conditions, making the total $360,000.00 FINANCIAL IMPACT This Project is identified in the City of San Bernardino 2003-2004 Capital Improvement Program as project number GB04-06. The project will be funded by means of a five-year term loan in the amount of $360,000.00. Debt service on this loan is estimated to be $81,100.00 per year at an interest rate of 4.11 %, with payments anticipated to commence in August 2004. Including financing costs of approximately $45,500, the total cost would be $405,500.00. The fust payment of this loan was included in the approved FY 2003-04 budget, in account # 001-092- 5803 (lease payments), but will probably not be paid until FY04-05. A budget amendment is needed to appropriate the funds that will be received from the fmancing for this project. The loan proceeds will be budgeted and paid out of Fund 211 (Fire Equipment and Renovation Fund) and the corresponding debt service payment will be a General Fund obligation and will be included in the City's FY04-05 budget. RECOMMENDATION Adopt Resolution, and authorize the Director of Finance to solicit lease-purchase rate quotes under the existing Master Lease Agreements and award a lease- purchase contract to the lowest responsible leasing company, and authorize the Director of Finance to amend the FY03-04 budget and include the loan proceeds and expenditure of those proceeds in Fund 211 ( Fire Equipment and Alterations Fund). 1---- I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GRAYII.C.E. BUILDERS INC. FOR THE DESIGNIBUILD 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 designlbuild 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 $321,705.20, with a contingency amount of $38,294.80. 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$321,705.20. SECTION 2. 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 the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. IIIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GRAYII.C.E. BUILDERS INC. FOR THE DESIGNIBUILD 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 meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members: ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON McCAMMACK AYES ABSTAIN ABSENT NAYS Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: P+- -G ~/ d--~~ ~~~ ~~~ .. - - -- ~ th- 'l'.~ James F. Penman, City Attorney t!f r 7' 6'\ ~. A-~t' r Exhibit "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this of 2004, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and GRA YII.C.E. BUILDERS, hereinafter referred to as "CONTRACTOR". WITNESSETH WHEREAS, City desires to obtain Design/build for ADA restrooms at Five Fire Stations in San Bernardino, California; and WHEREAS, Contractor is qualified and licensed 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 Proposal, RFP F -04-040 and as contained in the proposal dated December 15,2003, (which is on file at the City Clerk's Office) and proposed costs, a copy of which is attached hereto as Exhibit "I", 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 Proposal RFP F-04-040 dated November 11, 2003, 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. Exhibit "A" 5. COMPENSATION A. Upon satisfactory completion of the work, the Contractor will be paid time and material not to exceed $321,705.20 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 monthly. 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 change in: I. 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 minimum 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 every month 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 "I" 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 respect to obtaining Contractor's compliance hereunder. No payment for any services 2 Exhibit "A" 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 oftermination 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 3 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 Kevin Griffin Gray/I.C.E. Builders 421 E. Cerritos Avenue Anaheim, CA 92805 Jim Sharer Director of Facilities Management 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES 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. 4 1--- 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 provisions 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 5 Exhibit "A" required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to 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. IIIII IIIII 6 r Exhibit "A" AGREEMENT FOR Construction Services with Gray/I.C.E. Builders. 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: CITY OF SAN BERNARDINO BY: Rachel Clark, City Clerk City of San Bernardino BY: Judith Valles, Mayor City of San Bernardino Gray/I.C.E. Builders BY: Signature NAME: TITLE: Approved as to form and legal content: JAMES F. PENMAN City Attorney r ~~ BY:~-/;; \<l-~ ~ ~f~ " ~ ~/~~ 1fe.~ih- ~t-'?''''''''1~ ~~ d--~ ~} ~.t~~ );/ 7 , "Gray EXHIBIT 1 City of San Bernardino OR/6'/)I IV4l "RFQ F04-040: DESIGN I BUILD For ADA Restroom Improvements at 5 Fire Stations" Proposal bv: GRAY / ICE Builders 421 E. Cerritos Ave. Anaheim, CA 92805 714- 491-1317 Contact: ( Kevin Griffin Project Manager 428 E. Cerritos Ave. Anaheim, CA 92805 714-412-4368 Gray / ICE Builders in receipt of Addendum #1 dated November 20, 2003 and RFI No.1-Gray dated 12/9/03. Gray / ICE Builders bid for RFQ #F04-040 shall remain valid for a period of not less than 90 days from 12/15/03. Kevin Griffin Project Manager Bo oore ~~ Date: \')ll5/0~ Date: I;) I JS- f 1).3 r ' . ,,~! E~..!:~;;;t~!A~;M;II\~~j.;i;;;=-~l\mg-~lT]i':'~i!~)iI J.rzli.4.2Hm . .4JW!.?.Q~!hl6'" Str!t~!.J-"i~Jl~hQenix~ Al 8504Qll. 602.271.41.H.lF_~Q.?A?6.0:L42. -j7I ~~I]1.P.J!!.Com.",QI).!.B.o~...2uite200 lsacram.ento. Cfj 958251r 916.563.71761 F 916.}.63.7193 .. 4848~.Qltstr~e.tLS~i~.3lVent,!!~,J:A 930QllI 80Hs.8.6996lF 802,65Jh6764 LA lk. NI)..n~~4] - -,- "Gray City of San Bernardino ADA Restroom Improvements RFQ #F04-040 Proiect Obiective: To obtain, per the specifications, two separate shower and toilet facilities per fire Station, one of them fully ADA compliant, in the most cost effective manner. Gray / ICE Builders proposes the following scopes of work and working Design / Build drawings for your review. Specific detail was given to using the most cost effective, durable and easily maintained means, with minimal impact to the day-to-day operations of the fire personnel and the station itself. Included in each particular scope specific to each station is a clear definition of existing items and conditions to remain as is; new construction including demolition, fabrication materials and methods; relocate existing items and the actual impact of construction at each site. Also included is a proposed master schedule showing key milestone dates for each site, with the projected start and completion date for each individual station and the entire five (S)-station project and our proposed "finishes" Reference Board. Please review the specific scope for each station for the proposed "finish" budgeted for each. An alternate for upgrading the proposed finish is also included. Gray / ICE Builders appreciates the opportunity to provide this Design / Build proposal package and looks forward to working with the City of San Bernardino on this project and future projects. 421 E. (e;:;-it~5 Avenue Anaheim, CA 92805 T 714.491:'13.17Tf.:;-14:491.2833---""-..-..'mn----------- 4829 South 36'" Street, Suite 71 Phoenix, AZ 85040 IT 602,271.42321 f 602.426.0342 777 Campus Commons Road. Suite 2001 Sacramento, CA 9582S IT 916.563.71761 f 916.563.7193 4848 Colt Street, Suite 31 Ventura, CA 93003 1 T 805.658.6996 1 f 805.658.6764 tA lic No, ,.,941 Item 1 2 3 4 5 COpy PRICE SHEET F04-040 ADA Restroom Improvements Descri tion ADA Restroom Improvements as Proposed At Fire Station #222, 1201 W. Ninth Street Price $ 5"1, Lj ~q. oQ \lJ $ 5IoJS'tO. 00 $ 310, S"'lO.OO $ S\'), 2b1. 00 $2"10'18. . PRICE FORM REQUEST FOR QUOTES: RFQ F04-040 DESCRIPTION OF RFQ: Stations Design/Build for ADA Restroom Improvements at 5 Fire BIDDER'S NAME/ADDRESS: C-:t~ ~r-Lt b",,,\b 1.\ ).\. €.. Ca.n:,~~ ~, ~"~^_.L\~ l CA q 1 ~O~ NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE lGw ~V'. C -:t r-{+,,":' .., \ '\ - ~\\ L. - ,-\?.. '0 f ENCLOSE PRICING IN A SEPARATE SEALED ENVELOPE. PLEASE LABEL IT AS "PRICE SHEET F04-040" AND YOUR COMPANY'S NAME. Are there any other additional or incidental costs that will be require meet the requirements of the Technical Specifications? Yes / No answered "Yes", please provide detail of said additional costs: your firm in order to . (circle one). If you Please indicate any elements of the Technical Specifications that cannot be met by your firm. _ No \.l 'L- Have you included in your bid all informational items and forms as reqUested@ / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable ~ In days; unless otherwise stated, payment terms are: Net thirty (30) days. ~ In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: ___L___ Received on: _ \\ I~ Addeod. No, __ R~I,ed on' ~~ Addenda No: ______ Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: ~ ~rz+- A. M(X)(e~ ~re5. I C~D L \"2/ \S/t3 DATE SIGNED: Gn.A",'~ I rue.... ~v.\\J..ut~ 4).. \ E.. ~VII'-.~,> ^...A.... ~""~\~ I CA. q l~O,)- PHONE: ..,\'i-~'\\-\?'\l FAX: "11'-\.-'1.'1.\- '2.~~3> COMPANY NAME & ADDRESS: IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: III Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #222, 1201 W. Ninth Street Scope: . Pre- Construction - Obtain all permits and city requirements. Conduct pre-construction meeting at site with City and Fire Department contacts. . Demolition- Remove existing shower, restroom storage lockers, urinal and countertop & sinks. Includes finishes, fixtures and walls as required. . New Construction per plans- Supply and install new ADA compliant restroom: sink f faucet, toilet, grab bars and accessories, fiberglass shower unit, doorfframefhardwarefsignage, lighting, FRP panels, sheet vinyl flooring f base and metal stud f gypsum board walls and ceiling per plans. Supply and install new urinal. Supply and install (2) new sinksf faucet, mirror and laminate countertop. Supply and install (2) new fiberglass shower units and lighting. Supply and install FRP panels at area of new construction. Supply and install (12) new lockers per specs at restroomf dorm area. . Existinq to Remain - (2) toilets and partition stalls, ceramic flooring, perimeter walls and entrances. Lockers to remain and be re-used in Dorm area. Base Bid TOTAL: $51,489.00 It21 E. Cerritos Avenue Anaheim, CA 92805 T 714.1.91.1317 f 714.491.2833 4829 South 36t11 Street, Suite 71 Phoenix, AZ 850L.O 1r 602.2/1.4232 IF 602.426.0342 'ITl Campus Comlflons Hoad, Suite 200 I Sacramento, CA 9~-j821j IT 916.563.71761 F 916.563.7193 f!l)f;8 Colt Stf~et, Suite] ! Ventura, CA 930031 T 805.658.6996 i r 805.658.fi76/t ,1\ lie N". J/S94/ . . r . I c . c r . , ~. Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #222, 1201 W. Ninth Street Alternate Sco~ Demolition - Remove existing ceramic floor and wall tile at restroom. New Construction at restroom - Supply and install new ceramic floor and wall tile. Supply and install new paint at existing walls, ceiling and partitions. ***See "Alternate" samples on "FINISH BOARD" for proposed finishes. Alternate Bid TOTAL: $7,470.00 (Add Alternate Bid Total to Base Bid Total) /12:l L (errltos Avenue Anaheim, CA 92805 T 714.L:91.13'17 F 114.491.2833 1,829 South 361h Street, Suite 71 Phoenix, AZ 85040 11" 602.271.42.32 IF 602.1126.0342 777 CiWlptlS Coml1lons Road, Suite 200 I Sacramento, (/\ 95325 IT 916.563.7176 IF 916.563.7193 M~/l8 (ott Street, Suite 3 I Venttlr~1 CA 93003 ! 1" 80~j.658.6996 I r: 805.658.6764 loA l;o:. tl". i:! ~;'.I/, .I Lt.. Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #223, 2121 Medical Center Drive Scope: . Pre- Construction - Obtain all permits and city requirements. Conduct pre-construction meeting at site with City and Fire Department contacts. . Demolition- Remove existing locker room. Includes finishes, fixtures and walls as required. . New Construction per plans- Supply and install new ADA compliant restroom: sink / faucet, toilet, grab bars and accessories, fiberglass shower unit, door/frame/hardware/signage, lighting, FRP panels, sheet vinyl flooring / base and metal stud / gypsum board walls and ceiling per plans. Supply and install new door/frame/hardware and signage for new entrance to restroom from Dorm. Supply and install (12) new lockers per specs at dorm area. . Existinq to Remain - Current restroom with perimeter walls and entrances. Lockers to remain and be re-used in Dorm area. Base Bid TOTAL: $36,590.00 ,.., h , frI' 0:> ~.- ...... 0. ~ '" nO rr> ... c: ;0.,1_ c: rr> ~. :> n ;., '" 421 E. Cerritos Avenue Anaheln1, U\ 92805 r 7j/lA91.J311 :: JlIIJ~91.2in3 3 4829 ~jouth 36l1' Street, Suite 71 Phoenix, At 850'+0 Ir h02,,:nL4232I F 602.426.0H2 777 Campus (omm(.Il$ Road, Sllite 200 ISacrall1ento, CA 9582:; IT 916.563.11761 F 916.563.7193 1+81,8 Colt Street, Suite 3 j Ventura, fA 93003 IT B05.658.69~61 F 805.658.6164 (IILil.fhJ./7S94'! LI Gray >-< ;-, rn '" 5. 0: ~ '" City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #223, 2121 Medical Center Drive Alternate Scope: DemoLition - Remove existing vcr flooring and FRP at restroom. New Construction at restroom - Supply and install new ceramic floor and wall tile. Supply and install new paint at existing walls, ceiling and partitions. ***See "Alternate" samples on "FINISH BOARD" for proposed finishes. ALternate Bid TOTAL: $8,492.00 (Add Alternate Bid Total to Base Bid Total) 421 L CerritQr, J\w'nuc Anahe'im CA 92805 l71ll.l~9L1311 f 71L}A91.28.B 4829 South ]61h St'reet., Suite "7 I i~hoenix, Al85040 IT 60Z.2"11.112321 F 602,1..26.03/..2 777 Campus Commons !load, Suite 200 I Sacramento, CA 95825 IT 916.563,71761 f 916.563.7193 48M\ Colt StrN:t, {;uite 3 I Ventura, CA 9300311' 805.658.6996\ f 805.fi58.61(j4 ~r ". c: .... 6: tl> VI :so p n o 3 U\Li',tl,.,FlS9',i 1--- . Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #225, 1640 Kendall Drive Scope: . Pre- Construction - Obtain all permits and city requirements. Conduct pre-construction meeting at site with City and Fire Department contacts. . Demolition- Remove existing locker room. Includes finishes, fixtures and walls as required. . New Construction per plans- Supply and install new ADA compliant restroom: sink / faucet, toilet, grab bars and accessories, fiberglass shower unit, door/frame/hardware/signage, lighting, FRP panels, sheet vinyl flooring / base and metal stud / gypsum board walls and ceiling per plans. Supply and install new door/frame/hardware/signage for new entrance to restroom from Dorm. Supply and install (12) new lockers per specs at dorm area. . Existinq to Remain - Current restroom with perimeter walls and entrances. Lockers to remain and be re-used in Dorm area. Base Bid TOTAL: $36,590.00 - -'-421-E:.-c~~it-~~"'A~~-~~~.~TA~-;h;"i";~(A-928(;5Tl:7i-4:'~9-LliliTr".7"14~4-9-i~2833._-------"--------' ----,--,---.-~~-~._.._--------- 4829 SOllth 36'" Street, Suite 71 Phoenix, AZ 85040 IT 602.271.42321 F 602.426.0342 777 Campus Commons Road, Suite 200 I Sacramento, CA 958251T 916.563.71761 f 916.563.7193 1,848 Colt Street, Suite 3 I Ventura, CA 93003 IT 805.658.6996 IF 805.658.6764 cr',l.ie 1'0 n59~'1 C" " rn. a:;J- c; 5: ~ '" @. 5: ~' ~- $' n 8 3 If Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #225, 1640 Kendall Drive ALternate Scope: Demolition - Remove existing VCT flooring and FRP at restroom. New Construction at restroom - Supply and install new ceramic floor and wall tile. Supply and install new paint at existing walls, ceiling and partitions. ***See "Alternate" samples on "FINISH BOARD" for proposed finishes. Alternate Bid TOTAL: $8,492.00 (Add Alternate Bid Total to Base Bid Total) 421 E. (en-Has Avemu- An<:lheim, CA 92.805 r 714A9L1311 F 71/1.491.2833 4829 South 361h Street, Strite 11 PhCltmlX, AZ 85040 h- 602<271.l~232 IF 602.426,fH42 777 Cilmpus (ornmon~ Road, Suite ,wo I Sacramento, CA 9582slr 91.6.563.7D61 F 916.563.7193 1.8/.8 Colt Street, Suite 3 I Ventura, CA 93003 IT 805,658.6996 IF 805.658.6'764 CA Lk ~I().11594-' H h tn' 0:;1 '" ~""', 5:';' '" '''OJ ~ @. 0" 8. 0: t1> ~ ~ :;" I" 8 3 If Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #227, 282 West 40th Street Scope: . Pre- Construction - Obtain all permits and city requirements. Conduct pre-construction meeting at site with City and Fire Department contacts. . Demolition- Remove existing window area including sink & countertop and locker(s) as required for path of travel to new restroom area. Remove existing patio and patio cover. . New Construction per plans- Supply and install new restroom addition per plans. Includes new concrete, asphalt patch back, wood framing, gypsum board walls, T-bar acoustical ceiling, paint, electrical, lighting, plumbing, HVAC connections to existing unit, roofing and stucco (to match existing) per plans and elevations. Supply and install new ADA compliant restroom: sink / faucet, toilet, grab bars and accessories, fiberglass shower unit, door/frame/hardware/signage, lighting, FRP panels, sheet vinyl flooring / base and wood stud / gypsum board walls and ceiling per plans. Supply and install (2) new toilets and partitions. Supply and install new urinal. Supply and install (2) new sinks/ faucet, mirror and laminate countertop. Supply and install (2) new fiberglass shower units and lighting. Supply and install FRP panels at area of new construction. Relocate existing water heater, washer, dryer and sink per plans. Supply and install new Door/Framejhardware/signage for exterior entrance to addition, water heater closet and vented double metal doors to electrical room. .-, ---f~2-1--~.--c;;rit;-~'-f\~~~~-;TA-nah-~:i~-~-i:A '928o.5Tr-~i14':'i~'~)1-:i~1--iJ-Tf--714~'4-g1:-2-(i3 i ----.--~-----_. 4829 South :~6llo Street, Suite 71 Phoenix., AZ 85040 \'l 602.2"1'1.112321 F 602A26,0342 777 Campus Commons Road, Suite 200 I Sacramento, Cf\ 95825lr 916.563.7176 If 916.563.7193 '~8118 Colt Street, 5tlHe 31 Ventura, (A 93003 I r 805.653.6996! F 805,658,676/~ (^ Lie NfL 77~'H"j ~ n fr1. o:l ~..' ;$:,' ro ;;l ~. @ t:::1" C ..... 0: '" Vl 5' r> n o 3 City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #227, 282 West 40th Street . ExistinQ to Remain - (1) toilet and shower at existing restroom area, ceramic flooring, perimeter walls and entrances. Lockers to remain as is. Base Bid TOTAL: $116,074.00 III. Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #227, 282 West 40th Street Alternate Scope: New Construction at restroom - Supply and install new ceramic floor and wall tile at restroom addition. ***See "Alternate" samples on "FINISH BOARD" for proposed finishes. Alternate Bid TOTAL: $6,798.00 (Add Alternate Bid Total to Base Bid Total) -~-----------1.-;;.2"i-'E~--i:~"~~i't~-~-A~;~-~;TA;;-;1:;;i~',-(A92i!o51-1.--:71;:A9-1-.-i~jl-7TF-7-1"4Ag:;2833"~--~,,---_.~-~---~~--~- /}829 South 36th Street, ~Jllite 71 Phoenix, AZ 8501+0 IT 6U2 .271A23?1 F 602.L.26.03l~2 "177 Cmnpus ComnlOlls Itoi:ld, Suite 2:00 I Sacramento, CA 95825 I T 916.~)63. 7176 IF 916.563.7193 !!gC.H Colt Street, Suite 3 I Ventura, CA 93003 IT 805.658.6996 IF 80S.658.6164 (A lie. No. n~;f)ld ~ (1 rn co S. 5: rt> ;;l ""',. Q c;t' 5. 0: rP ~ 5" o ,., o S II.. Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #228, 3398 E. Highland Avenue Scope: . Pre- Construction - Obtain all permits and city requirements. Conduct pre-construction meeting at site with City and Fire Department contacts. . Demolition- Remove existing shower, restroom locker room, urinal and sinks. Includes finishes, fixtures and walls as required. . New Construction per plans- Supply and install new ADA compliant restroom: sink / faucet, toilet, grab bars and accessories, fiberglass shower unit, door/frame/hardware/signage, lighting, FRP panels, sheet vinyl flooring / base and metal stud / gypsum board walls and ceiling per plans. Supply and install new urinal. Supply and install (2) new sinks/ faucet, mirror and laminate countertop. Supply and install (2) new fiberglass shower units and lighting. Supply and install FRP panels at area of new construction. Supply and install (12) new lockers per specs at restroom/ dorm area. . Existinq to Remain - (2) toilets and partition stalls, ceramic flooring, perimeter walls and entrances. Lockers to remain and be re-used in Dorm area. Base Bid TOTAL: $50,239.00 . '1-'1 2 i"'.E~(~~~rit~"~~\ve~;'~e I A;;~'i;'~~i~~~~(A-928()'5'T;~;;4-:;llj-i~1~J'17Tf~;14.4 g-:i~'2g3 3~.---~'~----'-"--~--'-'-'-----~ 4329 South 36'" Street, Suite ,I Phoenix, Al 85040 II 50, ..211.t.232 II' 602.426.0342 II 17'7 Campus Comn~o~s Road, Suite 2?O ISacram~nto~ (~9582~ IT g1~.5~3,~:761F 916.563.7193 l}31+8 Colt Street Sll1te 3 I Ventura, CA 9300311 SO~).658.699fj IF 80!J.6~8.h76/l CALicfl".175947 I ~ r rn '" " S' CD ~ ~ n' ~ c ..... EC '" ... '" S. n ;., Q 3 . , ~ Gray City of San Bernardino ADA Restroom Improvements F04-040 Fire Station #228, 3398 E. Highland Avenue ALternate Scope: Demolition - Remove existing ceramic floor and wall tile at restroom. New Construction at restroom - Supply and install new ceramic floor and wall tile. Supply and install new paint at existing walls, ceiling and partitions. ***See "Alternate" samples on "FINISH BOARD" for proposed finishes. Alternate Bid TOTAL: $7,152.00 (Add Alternate Bid Total to Base Bid Total) '.;,21' E:Ce;rit~~A~~;'~~ rA~~h;'i m~CA92805Trn4:49.1...i317rF7i4.491:28i3.'''''.--.. ...------..-. --- 4829 South 36'" Street, Suit. 71 Phoenix, AZ 85040 IT 602.271.1,232 IF 602,426,0342 777 Campus Commons Road, Suite 200 I Sacramento, CA 9582, 1'[ 916.563,1176IF 916.563.7193 ',848 Colt Street, Suite 31 Ventura, CA 930031 T 805.658.6996 IF 805.658.6764 (A lie No. 7/5947 ~ ;-, ro 0:> 5. 0: '" ~ ~ ~. @ 0' s. s: .. Ul S" " a :3 ~ Established June, 1986 Incorporated, June 1988 Merged with Gray, May 2001 profile Headquarters LC.E. Builders, Inc. 421 E. Cerritos Avenue Anaheim, CA 92805 Tel: (714) 491-1317 Fax: (714) 491-2833 Contact: Bob Moore, President & CEO RAMoore@ICEBuildersInc.com General Information Emai~ info@ICEBuildersInc.com Dunn & Bradstreet Number: 18-064-8115 Rating: 3A3 Offi ces Main 421 E. Cerritos Avenue Anaheim, CA 92805 Tel: (714) 491-1317 Fax: (714) 491-7743 Contact: Bob Moore RAMoore@ICEBuildersInc.com Arizona 4829 South 36th Street, Suite 7 Phoenix, AZ 85040 Te~ (602) 271-4232 Fax: (602) 426-0342 Contact: Coy Shoemaker CShoemaker@ICEBuildersInc.com Sacramento, CA 777 Campus Commons Road, Suite 200 Sacramento, CA 95825 Tel: (916) 563-7176 Fax: (916) 563-7193 Contact: Eric Hafler EHafler@ICEBuildersInc.com Ventura, CA 4848 Colt Street, Suite 3 Ventura, CA 93003 Tel: (805) 658-6996 Fax: (805) 658-6764 Contact: Mike Mihalovich MMihalovich@ICEBuildersInc.com . Gray Gross Revenue from Design-Build and Construction Management (FYE 9/30/02 - annualized) $58,000,000 Shareholders' Equity (FYE 9/30/02- $6,140,000 Professional Staffing Project Planning 4 Engineering 2 Estimation 3 Construction Management 3 Project Management 26 Safety 2 Site Management 120 Information Technology 2 Executive Management 4 Operations Administration 3 Accounting 6 Human Resources 2 Total 177 Website Address http://www.icebuildersinc.com http://www.jngray.com l.e.E. Builders .c.E. Builders, understands risk management We maintain a comprehensive risk management and insurance program, including $5 million dollars of design-build professional liability coverage with CNA Insurance, the leader in the industry, and $25 million of umbrella liability coverage with the Zurich Insurance Company. LC.E. Builders also carries workers' compensation, commercial general liability, automobile fleet, contractors' equipment, as well as basic business operations coverage. LC.E. Builders provides all-risk builders' risk insurance for most projects. LC.E.. Builders has an outstanding relationship with our surety company, Travelers Casualty & Surety Company, the premier industry surety. Travelers' has stated that it places a high level of confidence in LLE. Builders ability to select projects. Therefore, Travelers does not restrict the bond program to specific limits, but considers each of our projects on a case-by-case basis. Insurance surety comprehensive risk management . $5 milliQn of design-build professional liability coverage . $25 million of umbrella liability coverage insurance and surety work programs . Surety work program in excess of $200 million . Gray I.eE. Builders . UI thod . eSI n - hen you choose the design- build delivery method, you select a single company who will be responsible for the design and construction of your entire project. That firm provides all necessary services and is solely accountable for price, schedule, quality-and your satisfaction. Design-Build Method A menu of Gray-ICE Builder's design- build services includes master planning, programming and .feasibility studies, engineering and design, scheduling, estimating and cost control, quality assurance/quality control, procurement, construction, construction management and all other inter-related functions. This integrated approach can decrease schedules as well as budgets. owner design-builder The "traditional" approach to designing and constructing a facility involves separately hiring the architect and engineer, general contractor and construction manager. With that approach, the NE firm completes the project design, and then passes the plans to the owner, who in turn takes bids on those plans from general contractors. This process takes several months, during which no actual price for the facility is known. Plans often have to be returned to the design firm for revisions, extending schedules and increasing costs. The advantages of the rapidly growing design- build approach include: fl'l Price is guaranteed early Project cost can be set before detailed design is complete since our experienced estimators are working closely with the Gray- ICE Builders, Inc. design team from the initiation of the project. And, design-build firms must "do it right the first time" in order to meet the guaranteed price. Liability and risks are reduced, while quality is enhanced Constant communication between designers and builders results in a well-balanced, high quality design that works on paper and in the field-eliminating the owner's liability and risk of additional costs due to design errors or omissions. Time and money are saved Design-build allows for fast track scheduling. Traditional Method owner .. 11;:Jrer':.1; ~v.... ;Cv CCintr?c~()r I Gray I.CE. Builders I I eSI n- UI t 1'10 d Time and money are saved Design-Build allows for fast track scheduling, Construction activities begin before design and construction drawings are complete, resulting in faster delivery of the project and earlier production start-up. (See chart below.) Value engineering throughout the project Having all groups involved from the beginning of the project to completion can optimize cost, schedule and quality. Together, designers, engineers and construction managers can foresee problems or opportunities for cost savings early, making the entire process, and resulting facility, more efficient Design-build is a rapidly growing industry. Our customers find that budgets and schedules are kept consistently more frequently when working with a design-build firm. The James N. Gray Company is ranked one of the top 11 design-build firms in the nation. (Building Design & Construction, July 2002.) ---................. -- '&-~\;t~"~1(TiIIMi"';!~:~"-,"'~'- .;~- - ~"H' .- I Gray LeE. Builders I c e U In undreds of projects and nearly 17 years of experience mean that Gray-ICE Builders, Inc. gives its customers well-informed and hiahlv accurate cost estimates Cost Estimating Because Gray-ICE Builders, Inc. is a comprehensive construction and engineering business, professionals from all facets of the company work with our veteran estimators to develop a total project cost estimate. We make sure our customers receive the greatest value in design and construction. To do that, we pay attention to the details, including: Listening to the customer and understanding the requirements of the project. Pre-qualifying subcontractors. . Taking at least three bids for each subcontract. . Analyzing bids and proposals. . Clearly presenting a comprehensive scope of work to ensure "no surprises." Scheduling Schedules come together more quickly and more accurately at Gray-ICE Builders, Inc. because of our experience in the field. Using highly advanced technology, we evaluate the unique characteristics of each project to give us accurate real-time schedules. esti rn At the same time, each project brings with it characteristics that can't be summed up and loaded into even the most powerful computer. That's when the experience and expertise of Gray-ICE Builders, Inc.'s 25- plus project managers bring added value. These managers know what it takes-and how long it takes-to preserve the individuality of each project and meet the needs of each customer. During the project cycle. project managers produce timely and accurate reports to keep customers apprised of the schedule, as well as all other aspects of the job. At Gray-ICE Builders. Inc., the hackneyed phrase, "on time and on budgef' is a commitment, not a slogan. _Gray I.CE. Builders General contracting G ray-r.C.E. Builders performs General Contracting Services for Ground-Up, Phased Remodel, Takeover Renovation, Design-Build, and Tenant Improvement in many diverse markets including Retail, Aerospace, Industrial, Commercial, Bio-Med, Chemical, Pharmaceutical and Food Processing. r.C.E. Builders, Inc. is a leading general contractor for one simple reason: Customer Service. By establishing the goals of a project with our clients, identifying the specific project requirements and assembling the best project team available, we create a positive environment. This is critical to a project's success. Additionally, we work at facilitating communication between all parties involved in a project. We realize a project will succeed only through consistent interaction that must be initiated and sustained by the general contractor. Continual development of construction technology requires managers and field staff to recognize and respond with new methods and equipment. ICEB has trained and experienced teams that can access the best and latest innovations in construction. ICEB takes pride in our ability to fully identify the specific needs of our customers, and through close communication with the project team, achieve the goals of a project. We provide the equipment and support necessary to complete projects safely, on schedule, and within budget. This is made possible by our commitment to effective project management. At r.C.E. Builders, Inc., we believe that every construction project's success may be traced directly to the project manager's ability to communicate efficiently and remain proactive throughout the duration of a project. . Gray I.CE. Builders H Customers ere are some of our valued customers. We will gladly supply a complete list at your request. Boei n g Hill's Pet Nutrition, Inc. The Minute Maid Company Raytheon Santa Monica Malibu Unified School District Sears, Roebuck and Co. Southland Companies Toyota Motor Manufacturing Regency Centers JCPenney Hollywood Entertainment Quiksilver Pacific Development General Mills Hayes-Lemmerz 3M Pharmaceuticals Game.works Pier 1 Michael's Yoplait Los Angeles World Airports Orval Kent Global Communication Semi-Conductors Alpha Therapeutic Federated Department Stores (Macy's) Watson Labs Siemens Shell Solar Exodus Communications Raytheon . Connexion Northrop-Grumman Cedars-Sinai Aero Jet Barnes & Noble Big Lots! Stores, Inc. Air Products & Chemicals Air Liquide Airgas West Sundor Brands PowerLight Corporation Mohawk Flooring Praxai r Capo Industries CBS TV Tree Top Bally's Fitness Anna's Linens GAP, Inc. Dollar-Tree Stores Famous Footwear 99 Cents Only Stores Seasilver Morningstar Foods Gymboree King's Hawaiian Laguna Bakery Tommy Bahama Avid Bioservices Lennox Family Dollar Stores PacTiv Amgen Gymboree Ameri pee Proctor & Gamble Rite Aid Corporation Home Depot Kings Hawaiian . Gray I.C.E. Builders Boeing SeaSilver USA Amgen, Inc Hills Pet Nutrition Avid Bioservices Rayth eo n Quiksilver King's Hawaiian PowerLight Superior Industries Y oplait Rod's Foods Agensys NORESCO Tree Top Watson Labs Lennox Proctor & Gamble Michael's Mohawk Carpets Fender Musical Instruments Morni ngstar Foods Ameripec ICI Paints Pac Tiv Johnson Controls Vandenberg AFB Maxell Fluor Daniel Jacobs Engineering CBS Television Elm Packaging Rite Aid Corporation Thrifty Ice Cream Air Products 3M Pharmaceutical G E Industrial Laguna Bakery Air Gas West Norcal Beverage Imation St. Francis Medical B rasscraft Honda America Connexion Industrial Clients ~Gray I.C.E. Builders n.... state of callfomia@, ~ . CONTRACTORS STATE UCENSE BOARD A50in ACTIVE UCENSE . ~-n5947 ......-ICE BUILDERS INC '_A B c.s C36 C21 CS1 , I ""-""'03/31/2004 ~,~c. . {::'>i# - "'~CORP f4 r ._-~~~ ~~UuVI'VVOnl ft':'V.,lJ t".VV'::::/UUJ ACORD,. CERTIFICATE OF LIABILITY INSURANCE I t1"I1:.trr.,MlIJIJ'YTI ag/lO/200Z PRODUCE" (270)6>1-8837 FAX (270)651-8127 THIS CERTIFICATE IS ISSIJeO AS A MATTER OF INFORMATION Pedigo-Lesse"be~ry Ins. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON Tlili CERTIFICATE HOI.DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 103 Pi n Oak l..ane ALTER THr: COVr:RAGE AFFORDED BY THe POI.ICIES BELOW. p, O. Box 1899 INSUReRS AFFORDING COVERAGE ~lasgow, KY 42142-11" UAED I ,c. E. aUlI aers. LIIC, )NoIJAF.RA American Zurich Insurance 421 East Cerritos Ave. l~l!IIJAF.R" American ~uaranty . Liability Ins~rance Co. Anaheim, CA 9280S IN!11RF.R r;~ IN8'JItF.RD: , IN6ImF.~r: COVERAGES Tl-Ir: POt.lCI@SOFtNSIJAANCr:!,,/STr:oeeI..OWI1AVF.BEr::NISSIJED TO THr:: INSURED NAMeo ,A.90ve FOR Tl-1r:: POf..ICY pe~loo INO/CAlF-D. NOT'NITHSTANOING ANY ReOUIREMENT. TERM OR CONDITION 01' ANY CONTRACT OR OTHeR OOCUMENT WITH R;speCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR WfAY PERTAIN. THE ,NSURANCI: P.FFO~F.:O ev THe POfJCIf;S OF-SCRIBe!) HF.:R:EIN IS SUBJECT TO AU. THE TERMS, C:XCI.U$IONS ANO CONOI'TIONS OF SUCH POI.ICIES. A(;G~eGATE LIMITS SHOWN MAY ~AVE SEEN "EDUCED BY PAID Cf.AIMS. ~ I~-I~ TYPE Of INSIJMNCF. POI.ICY NIJMBP.R P:;1!r}~~ POI.le;;. ~~.:D.9.N LIMITS ~N'''''' fJ'.~fTV FLOl&65506-00 10/D1/2002 10/0l/2001 F-ACH oer.:ul'MNCF. I 1 000.00 ..! COMMeRCIAL ,=>r::NEAA1.lIABII.1TY FrRfl).AM,.t.Gi!r..An.,,,",,farlll I 100.00 _ :J CI.AIM.!3 M,lOr: [!] OCCIJ'" Mr::IJEJf"'^,,"'OfI~""J.:'<l"t I 10.00 A Pl!ft6'JNAI. &...ryy INJlJI'V I 1.000.00 GENliRhI. ^G~REGArli . Z 000.00 ~~ "GC:rr~l ~~ I<Prl$IPfill PRODUCTS .I:OMP/OP MG . 2.00~,~ POlley Jr:'CT I.Oe: ~JTOMOBt'.E UAmllTY BAP3165507-00 10/01/2002 10/01/2001 COMlIIlf'l!:1J SfNCtf. lrMIT .!. ANY "UTO ll!.l.r.o:rall!nl) . 1.000.OOC I- Al..l OWNED AUTOIl 800lt V INJlJRY . St:HF.OIJI.EO Al)TOS (PctpetlMJ A ~ HIReD ",IJTO' ~".YINJlJRy ~ {Pl!rtlC':tdllnf) . f'lQN.oWNliD AUTO' '-i Iii red Phys 1 elll DIIIlI 5500 DED. OlMPREHEMSIVE F'ADPl!ATY DAMAGE >-'-' $500 OED. COll.ISIOM Ir:'~t scdd'!n!1 . :~AAAG"J'''I.ITY A'JTO "Nt.V. fi,A. AI:C1Or.NT . AN" AlJTO OTHER THAN E.\N;C $ . AlJTO Of"<<. Y: AGG S !J~ UABIUTY AUCJ86SS04-00 10/01/2002 10/01/2001 ~CH OCCURRIiNCr;: , 25.000.llOCl X OCCIJR 0 CI..AIMS MAlJI! "1:ioG~F.Ij.lTIl! . 2S . 000. 00llI B s ==J ~,"fJr.T"'. e' , AI!~I'\ITlON . , WOIlf(EAS COMPENSATION "HD WClSliSSOS-OO 10/01/2002 10/01/2003 X I n;~.n .1 IOJb" EMPLOYI?RS' UABIUTY 1:.1.. EM:H ACCIOF.:NT . 1,OOO,OOC A Ii.!.. DISEAse. r:A r:MPI.QYF.: . 1 000 OO[ !!i.I.. Oler::.Mp. . "OI.l(;Y r.rMIT . 1,000 OO[ OTHeR O~$CRIPTlON Ii OsERATlOHSILOCIlTlON3IVfHICI.I:Slf.XCLUSIO/'fe .ADOF.:" BV F.NDORSEMENT/SPECIAl PROVISIONS L cense 7 '47 ceRTIFICATE! HOLOF.R I I ,AlJDITIOHAl.IN!iUAIlD: INSUReR I.OTTER: CANCELLATION . SJiOlJl.,Q >>ty tlF THF. ""ove OF.6(:AlllliO pOLICies 911. CANCIUl.ED 8EFORE TlfE EXPIRATION DATE TH!RfOF. TI"lF.15fiIJlHG eOMp.lNY Wlt..L RNDeAYOR TO MAIL -ML. O^YS WOITTF.N ~OTlCE TO TH~ CF.;IITIFltATI5 "0'.0111: HAMID TO THB I.OPT, Con~~ac~ors State License Board BUT FAILURE TO MNI.llJCH /IIi)TlCIi S""tol. 'MPOCG NO ODLM;A.TtOH OR UAStUTY P.O. Boll 26000 OF ANY J<.IND IJpON THF. r.:OMPANY,ITS AGF.HT& OR A'J!PRF.SP.NTATlvns, Sacramento, CA 9$&26 AUTHORIZr:" RF."ftf.sJ~~4 /') "",' , J",,, ~ . AcORD 25-5 (7m} PIIola'" ,.,LENi3 RD CORPORATION lBBS fRlty,N&.fW<<:i A(JIJ(ICy, Inc:. . r- . r BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No, KNOW ALL MEN BY THESE PRESENTS, That we, I.C.E. Builders, Inc., 421 E. Cerritos Ave., Anaheim, CA 92805 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of San Bernardino 300 N. D St., 4th Floor San Bernardino, CA 92418 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% Amt. Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Design/Build Services for ADA Improvements to restrooms at (5) Fire Stations NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with e Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or -.;ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of December 2003 (~~ (Witness) I.C.E. Builders, Inc. ~;/~ 7J!. ~ (Witness) By: ~.S~ Bria . Si1 er Secretary (Pr:ncipol) (Seoi) and CFO (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B: "rinted in cooperation with the American Institute of Architects (AlA) by Travelers Casualty and S~rety ,ompany of America. The language in this document conforms exactly to the language used in AlA Document A310, February 1970 edition. S-1869-G (07-97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 16th day of April 2002. "'\ J STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By /~~--~~c - George W. Thompson Senior Vice President On this 16th day of April, 2002 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. i~ ':~ f'r\.~ Co ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Horne Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15th day of December ,2003. ~ - ru.- ,-.. p:l - . By ~ Kori M. Johanson Assistant Secretary, Bond ~~ 1ravelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. SUBCONTRACTORS LIST The following is a list of the subcontractors that will be used in the work if the Bidder is awarded the contract, and no subcontractor doing work in excess of the amount specified in the bid documents, List of Subcontractors, who is not listed will be used without the written approval of the City of San Bernardino. Additional numbered pages outlining this portion of the bid may be attached to this page. NOTE: Subcontractors' address, telephone number, license numbers, class and expiration date information may be omitted from this form but must then be submitted within two (2) working days following the opening of bids. Subcontractor name, location City of San Bernardino, and item of work must be stated at the time of the bid. ___ G~+__:t: (,..L ~L\.~..s._______ Bidder NamEIJ SUBCONTRACTORS LIST, Page 1 All Subcontractors in excess of 1/2 of 1% of total bid must be listed. SUBCONTRACTOR: ITEM OF WORK: M~ \-~- \~ I ~'"'1w0L LOCATION/ADDRESS: ~\i'\~v,j\- LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) / / SUBCONTRACTOR: ITEM OF WORK: 1::>S to ~V\\~ LOCATION/ADDRESS: ~~UJ.-., ~;"'-O 1>\\..""'h~~ LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) / / SUBCONTRACTOR: ITEM OF WORK: LOCATION/ADDRESS: LICENSE NO. EXPIRATiON PHONE: CLASS: DATE: ( ) / / ~ EXPERIENCE STATEMENT I hereby certify that I have a current and valid Contractor's License, in good standing, issued by the California State Department of Consumer Affairs and that the information below is a record of my experience in construction of a type similar in magnitude and character to that contemplated under this contract. Additional numbered pages outlining this portion of the bid may be attached to this page. B~~akf~L--C-;;-;;tractor'S~i~~: ~~b~~----------- Classification .b_~_ applicable to the work. Expiration Date __:!Y\ ,,-!.JD.._ ]"QO ~ r penalty of perjury that the foregoing is true and correct. Executed on rdino, California. Signature of Bidder Description Yr. Amt. Customer & Telephone --~--~- - $------ -- $----- L-_> -------- L-L_______ --- $ L__L_____ ----------------- --- $---- L--_L____ 1--- C'- S)~ :'.h~, ' . :> :> 0 0 :> :> ~ ~ :> ;:: ~ :> ~ 0 Q!. 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Cl lD 0 ~ 3 lD _ Vl3 r+-o Dl ... r+ 0 lD < 3 lD lD 3 ~ lD r+ ~ r+ III ." o .ll- I o .Il- o Dl r+ Ul ." _. .., lD VI r+ Dl. !:to o ~ III WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ::c= c...~ e, --\, \tl.ut2-___________ e on, Firm, or Corporation) Signature of Bidder's Authorized Representative __€:ct!:~\- J.Y1rof.~ \l=r<~ I_C-EP __ Name & Title of Authorized Representatfve __ lL-/ l6 ~D3-_ Dat~ ~;-rE~~ S. ature PV~I'A ~fillA,Il.n Tit r~ CONTRACTOR GUARANTY To Be Submitted With Bid The successful bidder shall execute this guaranty upon execution of the contract. If they so choose, Bidders may execute this guaranty at the time of submitting their bid. To the City of San Bernardino RFP F04-040 for Design/Build for ADA Restroom Improvements at 5 Fire Stations The undersigned guarantees the construction and installation of the following work included in this project in accordance with: RFP F04-040 For Design/Build for ADA Restroom Improvements at 5 Fire Stations Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the contract documents, due to any of the above causes, all within twelve (12) months after date on which this contract is accepted by the City of San Bernardino, hereinafter called City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project. Said reimbursement shall include the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such materials and tei repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred due to the said failure or refusal. _kLL & \A',\4f4).._____ ontractor (Person, Firm, or Corporation) I ~ - ---------- Signatur of Bidder/Contractor's-Authorized Representative __~l'L1:.._~~ ~es.1 (EO ~~:~M'W-r~~ized RepresentativE! Date of Signing , BIDDER'S STATEMENT REGARDING INSURANCE COVERAGE To Be Submitted With Bid BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation for Proposal No. F04-040, to Design/Build for ADA Restroom Improvements at 5 Fire Stations. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City of San Bernardino as Additional Insured for the work specified. _~LtLL~__ Nam: of e rson, Firm, or corporation~_____ Signature of Bidder's Authorized Representative -_~Lj:_ffi~ _ ~~q{ {'teL Name & Title of Authorized Representative ___~t jiP3- Date of Sigmng CERTIFICATE OF COMPLIANCE To be completed and returned by Successful Bidder with Bonds and Certificates of Insurance TO: City of San Bernardino RE: Design/Build for ADA Restroom Improvements at 5 Fire Stations, RFP F04-040 This is to certify that all requirements for insurance of subcontractors as specified in Proposal Numbe F04-040 have been met. _____Ur: ~...L___1.~ tJJ D,0 Name of Bi r . zon, Firm, or Corporation) -iT {,;~ Signature of Bidder's Authorized Representative __~A iJlgy~-~~.LEb Name & Title of Authorized Representative t2/\ SLP3- l Date of Signing .\: CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE Certificate Generallv Consistent with a policy of nondiscrimination in employment on contracts of the City of San Bernardino and in furtherance of the provisions of Section 1735 and 1777.6 of the California labor Code a "contractor's obligation for nondiscriminatory employment certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for the construction, repair, or improvement of public works. Contents of Certificate The Contractor's obligation for nondiscriminatory employment is as follows: In performing the work of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical . condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE - Continued 3. The Contractor will send to each labor union or representative of workers, with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or workers' representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will permit access to the Contractor's records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's Obligation for Nondiscriminatory Employment provisions of this contract, or Fair Employment Practices statute. 5. A finding of willful violation of the nondiscriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible". The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of any such written notice, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he or she shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he or she has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission. 6. Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract. CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE - Continued In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees that, should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the nondiscriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel, or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such noncompliance. Such monies shall be recovered from the Contractor. The City may deduct any such penalties from any monies due the Contractor from the City. 7. The Contractor certifies to the City that he or she has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City: a. The Contractor shall notify all supervisors and other personnel officers in writing of the content of the nondiscrimination provision and their responsibilities under it. b. The Contractor shall notify all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the nondiscrimination provision. c. The Contractor shall file a basic compliance report as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. d. The Contractor shall notify the City of opposition to the nondiscrimination provision by individuals, firms or organizations during the period of this contract. 8. Nothing contained in this Contractor's Obligation for Nondiscriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. 9. The Contractor certifies to the City that the Contractor will comply with the following requirements with regard to all subcontractors and suppliers: a. In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE. Continued b. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigations with a subcontractor ","PPU~"II of '"'" dIm""," by Ih, CIty, Ih, Coolm"" =y ",,"~IIh. C<ty to enter int rti ation to protect the interests of the City. ----- Signature of Bidder's Authorized Representative ___J?c-~(~MC:DVL. ':+>rc:S'.-f-C };() Name & Title of Authorized Representative --_1-~-t-~ ~IQ3 Date of Signing