HomeMy WebLinkAbout2008-094
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RESOLUTION NO. 2008-94
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXEC,UTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO ARIEL GENERAL CONTRACTOR FOR
THE DEMOLITION AND RESURFACING OF LOCKER ROOM SHOWERS IN AN
AMOUNT NOT TO EXCEED $46,775.49.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: That the City Manager is authorized to execute on behalf of the City an
agreement between the City of San Bernardino and Ariel General Contractor, a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
SECTION 2: The authorization to execute the agreement referenced as Exhibit "A" is
rescinded if not executed within (60) days of the date of passage of this resolution.
SECTION 3: That the Purchasing Manager is directed to issue a purchase order to
Ariel General Contractor in an amount not to exceed $46,775.49. The Purchase Order shall
reference this Resolution No. 2007-~ and shall read, Demolition and Resurfacing of
Showers, total not to exceed $46,775.49.
SECTION 4: The authorization to execute the above referenced Purchase Order is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO ARIEL GENERAL CONTRACTOR FOR
THE DEMOLITION AND RESURFACING OF SHOWERS IN AN AMOUNT NOT TO
EXCEED $46,775.49.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular
meeting
thereof, held on the 7 th day of April
, 2008, by the following vote, to
wit:
Council Members Aves Navs Abstain Absent
ESTRADA X
-
BAXTER X
BRINKER X
DERRY --L
KELLEY X
JOHNSON X
X
McCAMMACK
(;0~--e. .& ~u.J~
Rachel~lark, City Clerk
The foregoing resolution is hereby approved this ~ V day of April , 2008.
Approved as to form:
,) ;?
~~ 1---o~
James F. Penman, City Attorney
f
I,
2008-94
EXHIBIT "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April 2008,
by and between Ariel General Contractor and the City of San Bernardino ("CITY" or
"San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for demolition and resurfacing of showers in the
Police locker room; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for demolition and resurfacing of the showers.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth on the Standard Guidelines,
attached hereto as Schedule "B" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amounts as set forth in Schedule "B".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
This Agreenlent may be terminated by either party at any time upon thirty (30) days J
written notice. The terms of this Agreement shall remain in force unless mutually amended.
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers' compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in emploYment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all paYment of
Income Tax, Social Security, State Disability Insurance Compensation, UnemplOYment
Compensation, and other paYroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:t
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TO THE CITY:
TO THE VENDOR:
Fred Wilson, City Manager
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
United States
Telephone: (909) 384-5122
Antonio Melendez, Owner
Ariel General Contractor
24411 Oakridge Circle
Murrieta, CA 92562
United States
Telephone: (951) 696-1164
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIons.
16. SEVERABILITY.
If any provision of this Agreenlent is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
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VENDOR SERVICE AGREEMENT
ARIEL GENERAL CONTRACTOR
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:~, 200'8
~~
~E1RAL CONTRA~~R
By(jJJVl~Om~~
Its: () U Jv1.JL.--Y-
Dated~" , 200'i'1:J
By:
Approved as to Form:
6
2008-94
QHEDU LIE 8
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-08-17
DEMO AND RESURFACE LOCKER ROOM SHOWERS.
NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
FAilURE TO COMPLETE RIGHT HAND COLUMN WilL INVALIDATE BID
Category I
There are four standard and one handicapped TILE
showers in the Police Department (men's) locker
room. Over time, moisture has penetrated the grout
surrounding these tiles causing swelling of the
substrate (backer board) which resulted in buckled
and broken tiles.
ACCEPTABLE I AS SPECIFIED
The Police Department is requesting bids to remove
the existing shower tile, replace the damaged
substrate with moisture resistant materials and
resurface the interior of the shower with Dupont
Corian@ brand solid surface materials.
A.t (....t:r~ \e.l(J.~ S~ (...~{.t~&.
2008-94
1. SCOPE
Remove all hardware including faucet hand'es,
showerheads, trays and drain covers. At aU times
there must be safeguards in place to prevent
any debris from going down the shower drains.
All drainpipes must be covered and sealed
during construction.
Remove and dispose of existing tile from interior
walls and floors of shower stalls including any
,tamaged substrate.
Replace damaged substrate and prepare walls and
floors to receive Dupont Corian@ material.
Install Dupont Corian@ on shower pan and walls
and seal all joints with water-resistant material. The
transition between new materials and existing tile
work should be smooth with attention given to
maintain aesthetic appearance. The application of
Dupont COrian@ in the shower pan must provide
sufficient slope for adequate drainage.
I nstall new commercial shower systems:
. (4) Symmons IIVisu_Templl model 1-100VT-E
showerhead and valve.
. (1) Symmons IIVisu- Temp 11 model 1-117VT -FS
showerhead and valve for the handicap shower.
Install new stainless steel drain covers, soap trays
and shower rods.
~antlicapped shower will require re-installation of
seating bench and railing as currently equipped for
A.D.A. compliance.
SHOWER DIMENSIONS:
(4) Standard: 94" H x 35 Y2" W x 50" D
(1) Handicapped: 94" H x 43" W x 50" 0
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2008-94
2. MATERIAL SPECIFICATIONS
Only Dupont Corian@ (3/8"-1/2" thickness) will be
acceptable.
Only Symmons "Visu-Temp" brand showerhead and
valves will be acceptable.
3. OTHER
Vendor to carry $1,000,000 liability insurance as
required by the City of San Bernardino.
City Business License must be obtained. See
General Specifications #36.
Labor charges to be calculated at the prevailing
wage.
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Bids will be itemized and include all charges for ~CL-e~ k ~'O\~ I
necessary materials, installation, labor, freight and
taxes associated with completion of the project.
All materials and workmanship to be warranted
against defects for a period of 5 years.
All work and clean up must be completed in a time
frame not to exceed thirty (30) days from
commencement of the project.
Note: Due to the high daily use of this area,
completion of the job should be coordinate~ so that
at least 1 useable shower will be available for use
during construction. A safe walking pass to the
shower must be maintained at all times.
4. CLEANUP
All construction debris to be cleaned up and
removed from the site daily and all remaining space
must be clean and safe.
5. DELIVERY
Bids to include all costs associated with delivery of
project materials and equipment as necessary for
completion of the project.
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2008-94
.sCHcOULI: 8
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-08-17
DESCRIPTION OF RFQ:
Demo and Resurface Locker Room Showers
BUSINESS NAME/ADDRESS:
P-ttc....\ "'~-t"t" ~\
C-C)Y\. ~~.1.o.r
u.M-\\ t()~~dg.e t..:.,,\-(:.
~,"",Y ,<.~~, C~ ~ z.~'Z-
NAME OF AUTHORIZED
REPRESENTATIVE (please print) A-ta,~\'o
~ \ill-A! l.-
TELEPHONE NO.
"'5>\- \04'\\0 - \ \b;-
Description:
Price:
1. Labor (prevailing wage)
s s,s~ 'b1.
.4/..,~5 '1:>c:z,
2. Materials
3. Installation/ 15~\t1Lo~.\Y#o.;~~ c..D~ ~
~ 2..st I~~ . <<511:)
4. Freight
5. Sales Tax (8% where applicable)
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2008-94
(attach additional sheets if needed)
Are there any other additional or incidental costs that will be require
meet the requirements of the Technical Specifications? Yes I No
answered "Yes", please provide detail of said additional costs:
our firm in order to
. (circle one). If you
Please indicate any elements of the Technical Specifications that cannot be met by your firm. _
N/~
Have you included in your bid all informational items and forms as requested? ~ I 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.
0/0
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
Addenda No:
Addenda No:
Addenda No:
\
Received on: 3>1+I~
Received on:
Received on:
2008-94
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: A-l\.~to
~
DATE SIGNED:
COMPANY NAME & ADDRESS:
~l\olo~
A,~e \ b~A...\ ~~v~.\c.v
'2-~' QA-~Y-~~~ c~"
U\JJ'l~t~\tA I ~~ ~'2-?bZ
PHONE:~\- \a~\Q -\\~+ FAX: ~ \ - \d\lD-Z-t:tiS,
IF SUBMITTING A "NO BIO", PLEASE STATE REASON (S) BELOW:
r
2008-94
Ariel General Contractor
24411 Oakridge Circle
Murrieta, CA 92562
951-696-1164
#829062
Estimate
Date Estimate #
3/10/2008 1
Customer Job
Purchasing Division RFQ F-08-17
Customer Information
Purchasing Division
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Description Qty Rate Amount
Ceramic tile. Removal of ceramic tile. (25 SY per CY and 34 Ibs. per
SY)
Labor, per SY 61 26.84 1,637.24
Ceramic or quarry tile floor covering demolition. Ceramic or quarry
tile, brick (200 SF per CY)
Labor, per SF 68 6.10 414.80
Removal of gypsum wallboard. (250 SF per CY and 2.3 Ibs. per SF)
Labor, per SF 549 1.22 669.78
Remove existing plumbing fixtures. Water closets, floor or wall
mounted
Labor, per Ea 5 45.93 229.65
Low-boy Dumping Fee. Hauling cost, per load
Subcontract, per Ea 1 350.00 350.00
Gypsum drywall. 1/2 in. water-resistant green board,; per 4' x 8' sheet
Material, per Ea 18 9.76 175.68
Drywall screws. 1-5/8 in., 5-pound box of 1300
Material, per Box 1 19.20 19.20
Drywall Installer
Labor, per 1 533.50 533.50
Shower stalls. Re-install Roll-in wheelchair stall and trim
Labor, per Ea i 1 222.00 222.00
Toilet accessories. Soap dishes, Institutional match to Corian Shower
Material, per Ea 10 62.50 625.00
Labor, per Ea 10 11.30, 113.00
Toilet accessories. Shower rod, end flanges, vinyl curtain 6' long,
straight, Institutional
Material, per Ea 5 59.20 296.00
Labor, per Ea 5 14.74 73.70
General non-distributable supervision and expense. Uob
superintendent
Subcontract, per Mo 1 4,580.00 4,580.00
Direct overhead. Small tools, supplies
Material, per M$ 1 450.00 450.00
Ariel General Contractor
24411 Oakridge Circle
Murrieta, CA 92562
951-696-1164
#829062
2P08-94
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Estimate
I
Description I Qty Rate Amount
Direct overhead. Job site cleanup & debris removal I
Subcontract, per M$ I 1 250.00 250.00
I
Subcontractor Plumbing - JC Plumbing I
Material, per i 1 3,200.00 3,200.00
Labor, per I 1 1,650.00 1,650.00
!
Subcontractor DuPont Corian - Kustom Kounter T o~. Pearl Grey
Group B i
I
Subcontract, per unit I 1 19,675.00 19,675.00
!
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*project Subtotal I 35,164.55
I
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8.00% Overhead I 1 2,813.16 2,813.16
I
10.00% Profit i 1 3,797.n
! 3,797.n
*Markup Charges I 6,610.94
:
*project Total r! 41,775.49
11
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II
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II
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II
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,
;
Total 41,775.48 ,
Date Estimate #
3/1012008 1
Customer Job
Purchasing Division RFQ F-08-17
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