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Home My WebLink About23-Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Amendment and issuance of a Date: March 31, 2008 Purchase Order in the amount of $90,500 by exercising its final year option with Guzman Construction Company for the repair of sidewalks, curbs, gutters, and cross gutters at various locations throughout the City of San Bernardino. Meeting Date: April 7, 2008 Synopsis of Previous Council Action: April 2, 2007- Resolution No. 2007-112 — Council authorized the execution of an agreement and purchase order with Guzman Construction Co. in the amount $199,200 with a one-year extension at the City's option. Recommended Motion: Adopt Resolution. Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: 2,4,5,6 and 7 Staff Report, Resolution, Amendment, List of repairs (Attachment 1") FUNDING REQUIREMENTS: Amount: $90,500 Source: FY 07-08 Account No. 001-406-5505 (Other Professional Services) for $40,500 and 129-367- 5504-7375 (Bus Stop Concrete Pads) for $50,000 Finance: Council Notes: Agenda Item No. faf qJ7 08 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Amendment and issuance of a Purchase Order in the amount of $90,500 by exercising the final year renewal option with Guzman Construction Company for the repair of sidewalks, curbs, gutters, and cross gutters at various locations throughout the City of San Bernardino. Background: On April 2, 2007, the Mayor and Common Council authorized the execution of an Agreement and Purchase Order with Guzman Construction Company in the amount of $199,200 which was the first of two possible one-year renewal options from the original FY 05-06 bid for repairs of damaged curbs, cross gutters, and sidewalks per Resolution No. 2007-112. The City of San Bernardino and the vendor now desire to alter the Agreement to increase the amount of the Agreement by $90,500 for a total not-to- exceed purchase price of $289,700. Guzman Construction has completed these repairs in a satisfactory manner, so the Public Services Department would like the Common Council to approve the second one-year renewal option for FY 07-08. The renewal option allows an adjustment to the current pricing structure not-to-exceed five (5) percent. However, Guzman is not requesting an increase to the pricing structure. Staff has attached the list of proposed projects, which includes bus stop concrete pads, curb, gutter, sidewalk, and cross gutter work to be completed and marked it as Attachment "1". Guzman Construction has provided good quality concrete repairs and is located in the City of San Bernardino. Staff recommends approval of this second one-year renewal option for FY 07-08. Staff plans to seek bids for future concrete repair work and expects to award the work for the 2008-09 fiscal year. Financial Impact: Funding for these repairs are available and have been budgeted in the FY 07-08 Budget in Account No. 001-406-5505 (Other Professional Services) in the amount of $40,500, and Account No. 129-367-5504-7375 (Bus Stop Concrete Pads) in the amount of $50,000. Recommendation: Adopt Resolution. RESOLUTION NO, C (OPY 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $90,500 BY EXERCISING THE FINAL YEAR RENEWAL OPTION WITH GUZMAN 4 CONSTRUCTION COMPANY FOR THE REPAIR OF SIDEWALKS, CURBS, GUTTERS, AND CROSS GUTTERS AT VARIOUS LOCATIONS THROUGHOUT 5 THE CITY OF SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Amendment between the City of San 10 Bernardino and Guzman Construction Company, which is attached hereto, marked 11 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. This purchase is exempt from the formal contract procedures of 13 14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said 15 Code "Purchases approved by the Mayor and Common Council". 16 SECTION 3. Pursuant to this determination the Finance Director or his/her 17 designee is hereby authorized to issue a purchase order to Guzman Construction 18 Company for a total amount of $90,500. 19 SECTION 4. The Purchase Order shall reference this Resolution No. 2008- 20 21 _ and shall read, "Guzman Construction Company for the repair to sidewalks, 22 curbs, gutters, and cross gutters at various locations throughout the City, P.O. not-to- 23 exceed $90,500" and shall incorporate the terms and conditions of the Agreement. 24 SECTION 5. The authorization to execute the above referenced Purchase 25 Order and agreement is rescinded if it is not issued within sixty (60) days of the 26 passage of this resolution and Agreement. 27 28 /t)o 3 4 - 7- 6`F II RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $90,500 BY 2 EXERCISING THE FINAL YEAR RENEWAL OPTION WITH GUZMAN 3 CONSTRUCTION COMPANY FOR THE REPAIR OF SIDEWALKS, CURBS, GUTTERS, AND CROSS GUTTERS AT VARIOUS LOCATIONS THROUGHOUT 4 THE CITY OF SAN BERNARDINO. 5 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Mayor and Common Council of the City of San Bernardino at a 8 meeting thereof, held on the day of 2008, by the 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 14 BRINKER 15 DERRY 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 , 2008. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 By: mes F. Penman 28 ity Attorney 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT 2 GUZMAN CONSTRUCTION COMPANY 3 4 This Agreement is entered into this 7th day of April 2008, by and between 5 Guzman Construction Company ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). 6 7 RECITALS 8 A. On April 2, 2007, Guzman Construction Company and the City of San 9 Bernardino entered into a Vendor Service Agreement for the repair of sidewalks, 10 curbs, gutters, and cross gutters at various locations throughout the City in the 11 amount of$199,200 as set for in Attachment 1, attached hereto and incorporated 12 by reference. 13 B. The CITY and VENDOR now desire to alter the Agreement to increase the 14 amount of the Agreement by $90,500 for a total not-to-exceed purchase price of 15 $289,700. AGREEMENT 16 17 In consideration of the mutual promises contained in the Vendor Services 18 Agreement, the parties agree as follows: 19 1. The total Agreement price shall be increased by $90,500 for a not-to-exceed 20 the amount of$289,700, for the services set forth in Attachment 1. 21 2. The term of this Agreement shall be for a period of one year. 22 3. The other provisions of the written contract are reaffirmed as originally stated. 23 24 25 26 27 28 Exhibit"A" 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day 4 and date first above written. 5 Dated: , 2008 GUZMAN CONSTRUCTION COMPANY 6 7 8 By: 9 10 11 Dated: , 2008 CITY OF SAN BERNARDINO 12 13 14 By: Fred Wilson, City Manager 15 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 22 Approved as to form: 23 24 James F. Penman 25 City Attorney 26 By: 27 28 Exhibit"A" Attachment "1" CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT SIDEWALKS, CURBS, GUTTER, AND CROSS GUTTERS WARD LOCATION TYPE OF WORK 2 Perris Hill Park Bus pads on Highland Ave 808 W 20th Street Sidewalk 832 & 840 W 20th Street Sidewalk 840 W 20th Street Driveway approach 4 3412 E 20th Street Sidewalk 3422 E 20th Street Sidewalk 3440 E 20th Street Sidewalk 3568 E 20th Street Sidewalk 314 W 48th Street Sidewalk 324 W 48th Street Sidewalk 342 W 48th Street Sidewalk 360 W 48th Street Sidewalk 396 W 48th Street Sidewalk 406 W 48th Street Sidewalk 416 W 48th Street Sidewalk 436 W 48th Street Sidewalk 446 W 48th Street Sidewalk 456 W 48th Street Sidewalk 466 W 48th Street Sidewalk 476 W 48th Street Sidewalk 486 W 48th Street Sidewalk 496 W 48th Street Sidewalk 4631 North "E" Street Sidewalk 4655 North "E" Street Sidewalk 4668 North "E" Street Sidewalk 4794 North "E" Street Sidewalk 1993 N Reedy Avenue Sidewalk 5104 N Stoddard Avenue Sidewalk 4976 N Stoddard Avenue Sidewalk 4956 N Stoddard Avenue Sidewalk 5 Shepherd Lane and Wood pine Avenue Sidewalk, intersection 6 16th Street and Medical Center Drive Gross qufter,west side of intersection 2527 Dallas Avenue and Walnut Street Sidewalk 396 Marvin Drive Curb and Gutter 2645 Marvin Drive Curb and Gutter 7 Corner of 26th Street and Berkeley Avenue Sidewalk 668 W 29th Street Sidewalk 678 W 26th Street Sidewalk 686 W 26th Street Sidewalk Curb and Gutter 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT 2 GUZMAN CONSTRUCTION COMPANY 3 4 This Agreement is entered into this 7th day of April 2008, by and between 5 Guzman Construction Company ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). 6 7 RECITALS 8 9 A. On April 2, 2007, Guzman Construction Company and the City of San Bernardino entered into a Vendor Service Agreement for the repair of sidewalks, 10 curbs, gutters, and cross gutters at various locations throughout the City in the 11 amount of$199,200 as set for in Attachment 1, attached hereto and incorporated 12 by reference. 13 B. The CITY and VENDOR now desire to alter the Agreement to increase the 14 amount of the Agreement by $90,500 for a total not-to-exceed purchase price of 15 $289,700. AGREEMENT 16 17 In consideration of the mutual promises contained in the Vendor Services 18 Agreement, the parties agree as follows: 19 1. The total Agreement price shall be increased by $90,500 for a not-to-exceed 20 the amount of$289,700, for the services set forth in Attachment 1. 21 2. The term of this Agreement shall be for a period of one year. 22 3. The other provisions of the written contract are reaffirmed as originally stated. 23 24 25 26 27 28 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day 4 and date first above written. 5 Dated: , 2008 GUZMAN CONSTRUCTION COMPANY 6 7 8 By: 9 10 11 Dated: , 2008 CITY OF SAN BERNARDINO 12 13 14 By: Fred Wilson, City Manager 15 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 22 Approved as to form: 23 24 James F. Penman City Attorney 25 26 By: 27 28 s I Attachment "1" CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT SIDEWALKS, CURBS, GUTTER, AND CROSS GUTTERS WARD LOCATION TYPE OF WORK 2 Perris Hill Park Bus pads on Highland Ave 808 W 20th Street Sidewalk 832 &840 W 20th Street Sidewalk 840 W 20th Street Driveway approach 4 3412 E 20th Street Sidewalk 3422 E 20th Street Sidewalk 3440 E 20th Street Sidewalk 3568 E 20th Street Sidewalk 314 W 48th Street Sidewalk 324 W 48th Street Sidewalk 342 W 48th Street Sidewalk 360 W 48th Street Sidewalk 396 W 48th Street Sidewalk 406 W 48th Street Sidewalk 416 W 48th Street Sidewalk 436 W 48th Street Sidewalk 446 W 48th Street Sidewalk 456 W 48th Street Sidewalk 466 W 48th Street Sidewalk 476 W 48th Street Sidewalk 486 W 48th Street Sidewalk 496 W 48th Street Sidewalk 4631 North "E" Street Sidewalk 4655 North "E" Street Sidewalk 4668 North "E"Street Sidewalk 4794 North "E"Street Sidewalk 1993 N Reedy Avenue Sidewalk 5104 N Stoddard Avenue Sidewalk 4976 N Stoddard Avenue Sidewalk 4956 N Stoddard Avenue Sidewalk 5 Shepherd Lane and Wood pine Avenue Sidewalk, intersection 6 16th Street and Medical Center Drive Gross gutter,west side of intersection 2527 Dallas Avenue and Walnut Street Sidewalk 396 Marvin Drive Curb and Gutter 2645 Marvin Drive Curb and Gutter 7 Corner of 26th Street and Berkeley Avenue Sidewalk 668 W 29th Street Sidewalk 678 W 26th Street Sidewalk 686 W 26th Street Sidewalk Curb and Gutter