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HomeMy WebLinkAbout19-Facilities Management Dept: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the execution of a contract with and issuance of a purchase order to Gray/I.C.E. Builders, Inc. for the Boys and Girls Club ADA Restroom Renovation project in the City of San Bernardino. Facilities Management Date: November 16, 2004 OR1SlNAL MICC Meeting Date: December 6, 2004 Synopsis of Previous Council Action: 3-15-04 Res. 2004-81 Authorization to execute a contract with the County of San Bernardino and the Boys & Girls Club to provide restroom improvements using County CDBG Funds. Recommended Motion: Adopt Resolution.and authorize the Director of Finance to amend the FY 2004/05 adopted budget and increase Account ~o. 001-321-5706 by $~,900 and the offsetting revenue account..b. y.~)Y,900 to refle~CJthe Co n ) CDBG reImbursement to be received. / /~ //,//-/ /'.~~ L' . / /James W. Sharer // // Director of Facilities Management / /' / Contact person: James Sharer L../ Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 6 FUNDING REQUIREMENTS: Amount: $69,875.00 Source: : 001-321-5706 Barbara Pachon Director of Finance Council Notes: ~-e;?2W\- ~ ,k:, A. Agenda Item No. J ~ _ /f)/v JOY CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of San Bernardino to authorize the execution of a contract with and issuance of a purchase order to Gray/I.C.E. Builders, Inc. for the Boys and Girls Club ADA Restroom Renovation project in the City of San Bernardino. BACKGROUND The Boys and Girls Club Facility is located at 1180 West 9th Street. As part of its accessibility plan the City of San Bernardino sought the services of a Design/Build company for the ADA renovation of the existing boys and girls restrooms to bring them into compliance with the current Americans with Disabilities Act (ADA). The staff restrooms were bid as an alternate addition and due to the cost is not included in the scope at this time. Bid packages were sent to 10 vendors, including 4 local contractors, the SB Chamber of Commerce, advertised on the City website, and advertised in the Sun Newspaper on 8/30/04. Two vendors attended the mandatory job walk, and both, Gray/ICE Builders and Reyes Construction, provided proposals. Contractor City Anaheim Signal Hill Base Bid Alternative Add Bid Gray/I.C.E. Reyes Constructors $69,875.00 $115,500.00 $16,950.00 $32,340.00 As a County of San Bernardino CDBG funded project, Economic and Community Development has been involved and has authorized proceeding with the RFP and authorized the awarding of the scope. The original CDBG amount was $60,000. When the base bid price came in at $69,875.00 the County approved an increase in the grant amount to cover the difference. FINANCIAL IMPACT This project is being funded by the San Bernardino County ECD using CDBG funds. The City will pay the costs of the project up front using account #001-321-5706, (Alterations and Renovations) and then be reimbursed. RECOMMENDA TlON Adopt Resolution.and authorize the Director of Finance to amend the FY 2004/05 adopted budget and increase Account No. 001-321-5706 by $9,900 and the offsetting revenue account by $9,900 to reflect the County CDBG reimbursement to be received. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /1// / 28 1 2 3 4 51 (C~lPy RESOLlTlO1'\ NO. RESOLLTlON OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZI1\G THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GRA Y/LCE. BliILDERS, 11'\C FOR THE BOYS & GIRLS CLUB ADA RESTROOM RENOVATION PROJECT 11'\ THE CITY OF SAN BERNARDINO. HE IT RESOL VED BY THE MAYOR A1'\D COMMON COVNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Gray/I.C.E. Builders Inc. is the lowest responsible bidder for the Boys & Girls Club ADA Restroom Renovation Project in the City of San Bernardino. A contract is awarded accordingly to said Contractor in a total amount of $69.875.00. Such award shall be effective only upon said contract being fully executed by both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of the City: a copy of the contract is attached hereto as Exhibit A and incorporated herein. The Purchasing Manager is hereby authorized and directed to issue a purchase order which references this Resolution to said vendor in the amount of$69,875.00. SECTION 2. Any amendment or modification thereto shall not take effect or becomc 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 executc it within sixty (60) days of the passage of this resolution. // / I / lf70' (9 /~!t;/I;? 1 2 3 4 5 6 7 8 9 10 RESOLUTlO~ OF THE MAYOR A:\'D COMMON COUNCIL OF SAN BERNARDINO AUTHORIZI:--lG THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GRA Y/I.C.E. BUILDERS, INC. FOR THE BOYS & GIRLS CLUB ADA RESTROO:VI RENOVATION PROJECT 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: NAYS ABST AIN ABSENT AYES Council Members: ESTRADA LONGVILLE ill 121 13 14 MCGINNIS DERRY KELLEY JOHNSON 15 16 McCAMMACK 17 18 19 20 21 22 23 24 25 26 27 28 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino i..' I 1~-L... lxhibn A AGREEMENT FOR SERVICES This AGREEt\1ENT is made and entered into this of 2004, by and between the CITY OF SAN BERNARDINO. California, a municipal corporation. hereinalter referred to as the "CITY" and Gray-LeE. Builders. Inc.. hereinafter referred to as "CONTRACTOR". \\'ITNESSETH WIIEREAS. City desires to engage a design/build contractor for ADA restroom renovations at the Boys & Girls Club in San Bernardino. California; and WHEREAS, Contractor is a licensed building contractor qualified to provide said ser;ices: and WHEREAS. San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth; and :\O\V. THEREFORE. it is mutually agreed. as follows: 1. SCOPE OF SERVICES Contractor shall perform those services specified in Request for Quotation -# RFQ F-05-020, and as contained in the proposal dated September 30, 2004. (which is on file at the City Clerk's Oftice) 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. '"1 TER.1\1 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 PERFORtvL\NCE Contractor shall complete all worl. in conformance with Federal. State. and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the \vork specified in the Request for Quotation # RFQ F- 05-020. 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 \\Titten amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the Exhibi; A change in scape. Any change. which has not been so incorporated. shall nat 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 perfornwnce of such work. Authorized extra services shall be invoiced based on [he authorized additional task amounts. 5. COMPE'\SA TION A. Upon satisfactory completion of the work, the Contractor will be paid time and material not to exceed $69.875.00 in arrears. for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate ta the contract manager. The invoice amount will be based on the actual work performed by task. Contractor will submit an invoice to the City upon completion of each building or at the completion of the project. B. Said compensation shall not be altered unless there is significant alteration in the scope. complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. '....ny 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 ser\lces to be perforn1ed; 2. Conditions under which the work IS required to be performed: and 3. Duration of \\ork if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. [he Contractor is required to comply with all Federal. Statc and local laws and ordinances applicable to the work. The Contractor is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. bhibitA 6. PA \'MENT BY CITY A. The billings for all seryices rendered pursuant to this Agreement shall be submitted by Contractor to City and shall be paid by City \\ithin twenty (20) days after receipt of same. excepting any amounts disputed by City. Dispute oyer 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 approyal of this contract by City and Notification to Proceed. i. SCPERVISION A\lD ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general superYision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any seryices rendered under this Agreement shall be made without prior approyal 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 \\ith all State and Federal Ciyil 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 AGREEMP\T A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the eyent of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall haye twenty (20) days following the date of such notice within which to correct the substantial failure, giying rise to such notice. In the event of tennination of this Agreement. City shall within thirty (30) days pay Contractor for all the fees. charges and services performed to City's satisfaction by Comractor. which finding of satisfaction shall not be unreasonably withheld. Exhibit A 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, nutes, 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 w'ithin forty-five (~5) 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 "1". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days \vritten 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 F ollo\\ing the effective date of termination of this Agreement pursuant to this section. the Agreement shall continue until all obligations arising from such termination are satisfied. ] O. CO?\TINGEl\CIES 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 writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 11. Il\DEPENDENT COl\TRACTOR 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. :\SSIGNMENT OR SUBCONTRACTING Exhibit A 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 perfomlance 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 S I 0,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative .0 this Agreement shall be in \\Tltmg and addressed to the following representati\es of Contractor and City: CITY COT\TRA.CTOR Kevin Griffin Gray-1.C.E. Builders. Inc. 428 E. Cerritos Ave Anaheim. CA 92805 Jim Sharer Director of Facilities Management 300 N. "0" 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 \ested 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 lOllS, et. seq. and Title 21, California Code of Regulations. Chapter 21. Section 2500 et. seq.. when applicable. and other matters connectt:d with the pe formance 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. 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 F ederal gon~rnment having Exhibit A 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 docun1ents 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 /\, Contractor shall indemnify, defend and hold free and hannless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Contractor under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs. and necessary disbursements in connection with that action, The costs, salary, and expense of the City Attorney and members of his office. in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. fNDEMNITY Contractor shall indemnify. defend and hold hannless 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 perfonnance of services under this Agreement. Contractor shall not be responsible for. and City shall indemnify, defend. and hold hannless 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. Exhil">il A 17. LIABILITY/fl\:SURANCE Contractor shall maintain insurance policies meeting the m1l11mUm requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to any change or cancellation of any insurance policy of the Contractor. A. Comprehensive General Liabilit\ 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 E:\TIRE AGREEME".'T This Agreement r~presents 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. Exhibi: A AGREDIE;\T FOR Services with Gray-LeE. Builders. Inc. IN \\TTl\'ESS WHEREOF. the parties hereto have caused this Agreement to be executed on the date \\Titten 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-LeE. Builders. Inc. B'{: Signature NA~1E: TITLE: ApprO\ed as to form and legal content: JAMES F. PENMAN Cit, AltO'?).' ~ BY' ~'L~-.JIL. Iii EXHIBIT RFP F-05-020 PRICE FORM REQUEST FOR QUOTES: RFQ F05-020 DESCRIPTION OF RFQ: ADA Restroom Renovation at Boys & Girls Club BIDDER'S NAME/ADDRESS: rLL b\t,\ \!lr.s I Gv~y ~~\ ~. lOv",~\v) ~U ~~~,~ lvJ,. G\) &J,- N.A.ME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE I{ 0 ,../\ 'v, (4.... :' ff .....: I \~ -"\\l-y~\'e 1) Boys and Girls Club 1180 West 9th Street A) Furnish and install specified components to City of San Bernardino for the ADA Restroom Renovation in the Scope or Work and Specifications to the Boy's and Girls' Club Boys and Girls Restroom Lump Sum: Lk~r-~l' ~O_; ;n words-2l~ - M~,.,.,...,LL.~~J- ~~ .LI\, ''O-'J/tv 1180 West 9th Street 2) Boys and Girls Club B) Furnish and install specified components to City of San Bernardino for the ADA Restroom Renovation in the Scope or Work and Specifications to the Boy's and Girls' Club Mens and Women's Staff Restroom Lump Sum: $--liot~.5::Q~~_-; in words:__2.i'Lk~_~~~==,.L~~~J~;,\.(.lriJ -ft~ (;.tc I~[,~ ~~ EXHIBIT 1 RFP F -05-020 Are there any other additional or incidental costs which will be requi meet the requirements of the Technical Specifications? Yes / No answered "Yes", please provide detail of said additional costs: y your firm in order to . (circle one). If you ~ 'J " -...L Please indicate any elements of the Technical Specifications which cannot be met by your firm. ~OV~ Have you included in your bid all informational items and forms as reqUestedG / 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 thirty (30) days. % days; unless otherwise stated, payment terms are: Net 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 !::- tJ ()\..L Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: -~--::-~/~ > ~-- I 6r ~ it'^- S: Lu-ecl ~ CfD AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: EXHIBIT 1 RFP F-05-020 DATE SIGNED: ~ bl o"l COMPANY NAME & ADDRESS: r( '{ t>Y\\\lhv,> ~,\. '-\~\ ~. \.Qv,,~~'" l~ ~~\V'^ CAA (\1~C\- I PHONE: \\'"\,'-\"\\'\1.>'-) FAX: ,\,-\ - '1r1\-l~ ~.) IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: EXH~BIT 1 CONTRACTOR'S NONDISCRIMINATORY EMPLOYMENT CERTIFICATE Certifi cate Generally CJnsislent with a policy of nondiscrimination in employment on contracts of the City of San E~rna rdino and in furtherance of the provisions of Section 1735 and 1777.6 of the California Labor l)de a "contractor's obligation for nondiscriminatory employment certificate" as hereinafter set kth shall be attached and incorporated by reference as an indispensable and integral term of all bd specifications and contracts of the City for the construction, repair, or improvement of public li'iDrks _ Cmtents of Certificate T~e Contractor's obligation for nondiscriminatory employment is as follows: Inperforming 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 be!iefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those tems 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. EXHIBIT 1 CERTIFICATE OF COMPLIANCE To be completed and returned by Successful Bidder with Bonds and Certificates of Insurance TO: City of San Bernardino RE: ADA Restroom Renovation at Boys & Girls Club, RFP F05-020 This is to certify that all requirements for insurance of subcontractors as specified in Proposal Number F05-020 have been met. ___~S~c, ~./ ('[!:!~~}-"_ J~C~_____ Name of Bidder (Person, Firm, or Corporation) ------S~~~-~~------------ Signature of Bidder's Authorized Representative __Qr~_'3:"'-_S ~~~_:_~r ~_______ Name & Title of Authorized Representative __1J ~~l-~Cj----- Date of Signing EXHIBIT] 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 submit~ing their bid. To the City of San Bernardino RFP F05-020 for ADA Restroom Renovation at Boys & Girls Club The undersigned guarantees the construction and installation of the following work included in this project in accordance with: RFP F05-020 For ADA Restroom Renovations at Boys & Girls Club 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 to 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. __~~G~_Jl~_d~! ~./ ~~_7(/\C-,-________ Name of Bidder/Contractor (Person, Firm, or Corporation) S;go!~~,f~Aut';orized RepeeSeot'!;Ve ____~!_l~~__~_~_~~~--~~__________ Name & Title of Authorized Representative ____~~~~JC~_~____ Date of Signing EXPERIENCE STATEMENT EXHIBIT 1 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 ? 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. ,,-(.~16V\i \S-.t\~__ _~I"i Q'{l___ Bidder Name Contractor's License Number Classification ~l~ applicable to the work. Expiration Date ~J2.LkL- I declare under penalty of perjury that the foregoing is true and correct. Executed on (da~ 1( ~~/..-!?3-----;- at San Bernardino, California. __r---~5-~ Signature of Bid~ Description Yr. Amt. Customer & Telephone # \="~_kb~~ilfr-_ \ ()\..( $ 3'1J,'U'Q,') ti~,Jt Sl\;",~v ~Av"'cA "\'.>.--..1 w v- $--- $-- $--- k t\ ~~L g v'l ) ~ It - S 1 ~ '1 (-L--- (--) C__) EXHIBIT 1 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. rc~ Dll\ \ cha<) Bidder Name SUBCONTRACTORS LIST, Page 1 All Subcontractors in excess of 1/2 of 1% of total bid must be listed. SUBCONTRACTOR: ITEM OF WORK: EL. 'DQ....- ~t- P\~,^,,\" l~ P l ,^-w\ to \ ~ LOCATION/ADDRESS: 8.~g,\ ~v..~ Ov \4 {J. LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) (I i - 33"<{- 17 h V ?"q Sl?14 ~ /10/0~ SUBCONTRACTOR: ITEM OF WORK: tlS& Ccvf' HvA--L I~ lOCATION/ADDRESS: ~' LA 1~~"'1 ~\\t,.o", Pn...-- q~~IO LICENSE NO. EXPIRATION PHONE: CLASS: '-\ DATE: ( ) 1\11,- c:;-ql- 7'27'1 L{1\,\'t ~ N/O~ SUBCONTRACTOR: ITEM OF WORK: P ~v-h- ~ ( IkH)o v I'(~ /"". k~ I{ ;fUHald'<j LOCATION/ADDRESS: fte <<'& () "'- p,j &>/ ~v'-l~ st..... n:~,j.{p... LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) ~S'i- ~~7- 9~ I '1'J5" 0 ~'7 ~ /1J Iv') EXHIBIT 1 SUBCONTRACTORS LIST The following is a list of the subcontractors that will be used in lhe 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. rc..C ~~\ \J.u:, Bidder Name SUBCONTRACTORS UST, Page 1 All Subcontractors in excess of 112 of 1 % of total bid must be listed. SUBCONTRACTOR: ITEM OF WORK: eaD l-k\ \ lOCA nON/ADDRESS: O-t. w-..::; \\1"" c,. U.tt.v-!l~ w~ ~... LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) f'1~-l1t7-"OJ (.8t 'i '\ II fJ IJOI O~ SUBCONTRACTOR: ITEM OF WORK: FI-a<Jv 'L \t\.(.(; "'''' \.4,,> ~"'~VVl ;0 LOCA TION/ADDRESS: -, , 1.."L. Tl&.' b.t J {-lv....-I-""Jk. L... ~ LICENSE NO. EXPIRATION PHONE: CLASS: DATE: ( ) "1 JI..{ ~ CjI1~ -i(5' t.{ (ll 1.,-L- '! nl/o C; SUBCONTRACTOR: ITEM OF WORK: [>V\l~'" ""'-,^",- u. Ot'1'-'" wi \ D,) "''(\- t \ LOCATION/ADDRESS: I L'1(;1 ~\I\I-l''> 14{ )~-l-...(\.v-.r>,. UCENSE NO. EXPIRATION PHONE: CLASS: DATE: ( )11'l - 7 47- Iii r '-I {o~'-tr;9L\ iJ rJl/()(" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): /2-(, -Dr, Item # \q Resolution # Vote: Ayes 1- 5 ( "l Nays kr Abstain <P Change to motion to amend original documents 0 Companion Resolutions ZooL\- 3-\~ Absent .-fr Null/VoidAfter: CoD days/ '2-4.-05 Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: I 7.- ~-6~ Date of Mayor's Signature: 12- q-C) c~ Date ofClerk/CDC Signature: rL-q-a~ Reso. Log Updated: Seal Impressed: Ia-" g.. Date Memo/Letter Sent for Signature: 1st Reminder Letter Sent: ! 2--\0 -0'1 Date Returned: Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YesL No Yes No ./ Yes NoL Yes NOZ Yes No Copies Distributed to: Animal Control 0 City Administrator 0 City Attorney 5 Code Compliance 0 Development Services 0 Others: EDA 0 Facilities C~ :ro. : P ,~ Finance ~W Fire Department 0 Human Resources 0 Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 3 /' Notes: Ready to File: _ Date: Revised 12/18/03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the execution of a contract with and issuance of a purchase order to Gray/LC.E. Builders, Inc. for the Boys and Girls Club ADA Restroom Renovation project in the City of San Bernardino. Dept: Facilities Management Date: November 16, 2004 (C (QJ fJL,;ng On'" December 6, 2004 Synopsis of Previous Council Action: 3-15-04 Res. 2004-81 Authorization to execute a contract with the County of San Bernardino and the Boys & Girls Club to provide restroom improvements using County CDBG Funds. Recommended Motion: Adopt Resolution.and authorize the Director of Finance to amend the FY 2004/05 adopted budget and increase Account No. 001-321-5706 by $9,900 and the offsetting revenue account by $9;l}00 to reflec} the Co n -; CDBG reimbursement to be received.' / / . / .-:: .?,;?7"' L.. . James W. Sharer / Director of Facilities Management Contact person: James Sharer c........./ Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 6 FUNDING REQUIREMENTS: Amount: $69,875.00 Source: : 001-321-5706 Barbara Pachon Director of Finance Council Notes: A. ~J~L/f ~J' , /!J,.!t;.!tJJ,t Agenda Item No. 1$ OFflCE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us -iM December 10, 2004 Kevin Griffin Gray-I.C.E. Builders, Inc. 428 E. Citrus Avenue Anaheim, CA 92805 Dear Mr. Griffin, At the Mayor and Common Council meeting of December 6, 2004, the City of San Bernardino adopted Resolution 2004-376 ~ Resolution authorizing the execution of a contract with and issuance of a purchase order to Gray/I. CE. Builders, Inc., for the Boys & Girls Club ADA rest room renovation project in the City of San Bernardino. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by February 4, 2005. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, . "1 c't" f'" (./,,,( . 1(, .... / '" i _~_' -~'.~,.t.../u:~_, Michelle Taylor Senior Secretary -( /""': ,..\.,,;,_..~ .-_i........... , ,\ Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability. Respect for Human Dignity. Honesty I.C.E. Builders, Inc. 421 E. Cerritos Avenue Anaheim, CA 92805-6320 Ph: (714) 491-1317 Letter of Tranmt:it'td[::05..0066-KG #1 I To: CITY OF SAN BERNARDINO '04rami~#: ~In :~? crlile: 1212012004 Job: 05-0066-KG...San Bernardino Boys Girls ADA Executed Contract for Boys & Girls Club Restroom Renovation Subject: WE ARE SENDING YOU p- Attached C Under separate cover via None the following items: C Shop drawings C Prints C Plans C Samples C Copy of letter C Change order C Specifications p- Executed Contract Agreement Document Tvpe Copies Date No. Description Contract 1 12/20/04 Executed Contract Aw~ement - -- ~ ----..----- . .... ---- -------..... --------- ------- ---------..---- THESE ARE TRANSMITTED as checked below: C For approval C Approved as submitted C Resubmit _ copies for approval C For your use C Approved as noted C Submit _ copies for distribution p- As requested C Returned for corrections C Return _ corrected prints C For review and comment C Other C FOR BIDS DUE C PRINTS RETURNED AFTER LOAN TO US Remarks: We look forward to a successful partnership in the construction renovation of the restroom facilities at the Boys and Girls Club of San Bernardino. If there any questions for concerns, please contact myself or Pat Kelly at (714) 491-1317 ex!. 360. Copy To: From: Kevin Griffin (ICE BUILDERS) Signature: ~'~ ICEB Form updated 2004-11-15 If enclosures are not as noted, kindly notify us at once. Page 1 of 1