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HomeMy WebLinkAbout36-Public ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Dept: Public Services Date: August 5, 2008 Subject: 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 in the amount of $58,500 to Guzman Construction Company pursuant to Section 3.04.010. B-3 of the Municipal Code for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. Meeting Date: August 18, 2008 Synopsis of Previous Council Action: On August 20, 2007- Resolution 2007-363- the Mayor and Common Council of the City of San Bemardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $58,500 to Guzman Construction Company for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. Recommended Motion: Adopt Resolution. Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Attachment "1" FUNDING REQUIREMENTS: Amount: $ 58,500 from the Sewer Fund Source: FY 08-09 Account No. 132-431-5502 Prof./Contractual Services Finance: Council Notes: Agenda Item No. ~ /~CP $,~g -OS CITY OF SAN BERNARDfNO -REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Couhcil of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $58,500 to Guzman Construction Company pursuant to Section. 3.04.010. B-3 of the Municipal Code for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. Background: The Public Services Department, Streets Division is responsible for maintaining manholes throughout the City. Due to the age and conditions of the current manholes, and as part of the Division's manhole replacement program, the Division has budgeted to remove and replace approximately one hundred and thirty (130) damaged, deficient and aged manholes. The contract will be for the labor, concrete materials and equipment associated with the repairs. The Public Services Department, Streets Division will provide the manhole lids and collars. On August 20, 2007, the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and issuance of a Purchase Order in the amount of $58,500 to Guzman Construction Company for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes, per, Resolution 2007-363. On July 16, 2008, Guzman Construction Company sent the City of San Bernardino a letter stating that they would like to extend the contract for an additional year from, July 1, 2008 through June 30, 2009 without changing the pricing or terms of their contract (Attachment "1 "). Staff recommends acceptance of the contract renewal for the fiscal year 2008/2009. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 6.3 of said Code, "Purchases approved by the Mayor and Common Council. Staff intends to seek bids for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes we will utilize in the 2009-10 fiscal year. Guzman Construction Company is a local vendor that has provided the City of San Bernardino with over 20 years of service and has proven to be reliable. Staff recommends that Council authorize the execution of an agreement and purchase order in the amount of $58;500 for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes located throughout the City of San Bernardino. Financial Impact: Funds are available and have been budgeted in FY 08-09, Account Number 132-431-5502 Professional/Contract Services in the amount of $58,500. ~'`, Recommendation: V Adopt Resolution. 1 2 3 4 5 RESOLUTION NO. 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 IN THE AMOUNT OF 558,500 TO GUZMAN CONSTRUCTION COMPANY PURSUANT TO SECTION 3.04.010. B-3 OF THE MUNICIPAL CODE FOR THE LABOR, CONCRETE MATERIALS AND EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTALLATION OF DAMAGED, DEFICIENT AND AGED MANHOLES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Guzman Construction Company previously submitted the lowest quote for the labor, concrete materials and equipment costs associated with the 10 11 12 13 14 15 removal and installation of damaged, deficient and aged manholes. SECTION 2. That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and Guzman Construction Company a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 1 SECTION 3. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code,- pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council". 21 /// 22 /// ~ /// 24 /// 25 /// 26 27 /// 2s lu -~k 3~ 08' l8'~8' 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 171 21~ 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 IN THE AMOUNT OF $58,500 TO GUZMAN CONSTRUCTION COMPANY PURSUANT TO SECTION 3.04.010. B-3 OF THE MUNICIPAL CODE FOR THE LABOR, CONCRETE MATERIALS AND EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTALLATION OF DAMAGED, DEFICIENT AND AGED MANHOLES. SECTION 4. That pursuant to this determination the Director of Finance or his/her designee is hereby .authorized to issue a Purchase Order to Guzman Construction Company in the amount of $58,500. The Purchase Order shall reference this Resolution No. and shall read, "Guzman Construction Company for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes, not to exceed $58,500" and shall incorporate the terms and conditions of this Resolution. SECTION 5. The authorization to execute the above referenced Purchase Order is rescinded if not issued within sixty (60) days of the passage of this Resolution. /// /// i /// /// /// /// /// /// /// 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 211 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 IN THE AMOUNT OF x58,500 TO GUZMAN CONSTRUCTION COMPANY PURSUANT TO SECTION 3.04.010. B-3 OF THE MUNICIPAL CODE FOR THE LABOR, CONCRETE MATERIALS AND EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTALLATION OF DAMAGED, DEFICIENT AND AGED MANHOLES. 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 _ following vote, to wit: Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK day of , 2008, by the NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino App ved as to Form: By: J mes F. Penman ity Attorney 28 1 2 3 4 5 6 7 111 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 18s' day of August 2008, by and between Guzman Construction Company ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest of the CITY to contract for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes; and WHEREAS, the City of San Bernardino has determined that vendor possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: 15 16 17 18 19 20 21 1. SCOPE OF SERVICES. For .the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in its letter dated July 16, 2008, attached hereto, marked Attachment "1" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $58,500 for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. b. No other expenditures made by VENDOR shall be reimbursed by CITY. /// Exhibit "A" 1 2 3 4 5 6 7 8 9 11 12 13 14 15 i6 17 21I 24 25 26 27 28 3. TERM. The term of this Agreement shall be from August 18, 2008 through June 30, 2009. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based on asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and. defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 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 Exhibit "A" 1 2 3 4 5 6 7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CTTY'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 fiunished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, ill 1 1 21 23 24 25 26 27 28 VENDOR shall not engage in, nor pemvt 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 conditions, 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 aze 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, Exhibit "A" 1 I I qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2 to practice its business or profession. 3 9. NOTICES. 4 Any notices to be given pursuant to this Agreement shall be deposited with the United 5I I States Postal Service, postage prepaid and addressed as follows: 6 7 8 9 10 li TO THE CITY: TO THE VENDOR: 10. ATTORNEYS' FEES Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 Guzman Construction Company 1254 S. Waterman Ave. Suite 24 San Bernardino, CA Telephone: (909) 890-9975 Contact: Refugio Guzman In the event that litigation is brought by any party in connection with this Agreement, 1 181 21 22 23 24 25 26 27 28 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 CTTY shall be considered as "attorneys' fees" for the purposes of this pazagraph. 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 CTfY'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 Exhibit "A" 1 2 3 4 5 ill Agreement. Regazdless 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. 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 Bemazdino, 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 1 Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement aze included for the purposes of 211 convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. 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 pazties to this Agreement. /// Exhibit "A" 1 2 3 4 5 it 12 13 14 15 171 211 VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION CO. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2008 VENDOR. Dated , 2008 Approved as to Form: By: es F. Penman, City Attorney By: Its: CITY OF SAN BERNARDINO Fred Wilson, City Manager Exhibit "A" ~~ ATTACHMENT "$" July 16, 2008 City of San Bernardino Public Services Department 300 N. D Street San Bernardino, CA 92418 RE: Annual Manhole Adjustments MBE 96150015 CA Lic. X724664 Class A Guzman Construction herein proposes to keep the same prices for the City wide manhole adjustrnetits. Cost per each manhole will continue at: Non-Emergency Repair: $450.00 Emergency Repair: $500.00 This cost includes labor, material and equipment. Should you have any questions feel free to contact me at (909) 890-9975. Thank you, Refugio Guzman Owner, Guzman Construction Company 7254 South Waterman Ave., Suite 24 • San Bernardino, CA 92408 Phone:(909)890-9975•Fax:(909)890-9965 e-mall: guzmanconstcol ~verizon.nei 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 18c' day of August 2008, by and between Guzman Construction Company ("VENDOR") and the City of San Bemardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest of the CITY to contract for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes; and WHEREAS, the City of San Bemazdino has determined that vendor possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in pazagraph 2, San Bernazdino hereby engages the services of VENDOR to provide those products and services as set forth in its letter dated July 16, 2008, attached hereto, mazked Attachment "1" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. 21 22 23 24 25 26 27 /// 28 a. For the services delineated above, the CTI'Y, upon presentation of an invoice, shall pay the VENDOR up to the amount of $58,500 for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17I 18 21 22 23 24 25 26 27 28 3. TERM. The term of this Agreement shall be from August 18, 2008 through June 30, 2009. This Agreement maybe terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based on asserted upon any or alleged act or omission of .Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives.. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's 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. 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 conditions, marital status, sexual gender or sexual orientation, or any other status protected bylaw, 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, 1 2 3 4 5 6 7 8 9 10 it 12 14 15 16 17 18 19 20 21 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: TO THE CITY: TO THE VENDOR: 10. ATTORNEYS' FEES Public Services Director 300 North "D" Street San Bemazdino, CA 92418 Telephone: (909) 384-5140 Guzman Construction Company 1254 S. Waterman Ave. Suite 24 San Bernazdino, CA Telephone: (909) 890-9975 Contact: Refugio Guzman 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 CTI'Y'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 1 2 3 4 5 6 7 8 9 10 it 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. 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. 13 14 15 16 17 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 aze included for the purposes of 21 convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the 24 25 26 27 28 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.. /// 1 2 3 4 VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION CO. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2008 VENDOR. 6 7 8 ill Dated .2008 Approved as to Form: 17 18 19 20 21 22 23 24 25 26 27 28 By: F. Penman, City Attorney By: Its: CITY OF SAN BERNARDINO By: Fred Wilson, City Manager MBE 98150015 CA Lic. 5724884 Class A ATTACHMENT "~" July 16, 2008 City of San Bernazdino Public Services Department 300 N. D Street San Bentardino, CA 92418 RE: Annual Manhole Adjustments Guzman Construction herein proposes to keep the same prices for the City wide manhole adjustments. Cost per each manhole will continue at: Non-Emergency Repair: $450.00 Emergency Repair: $500.00 This cost includes labor, material and equipment. Should you have any questions feel free to contact me at (909) 890-9975. Thank yon, Refugio Guzman Owner, Guzman Construction Company 1254 South Waterman Ave., Suite 24 • San Bernardino, CA 92408 Phone: (909) 890-9975 • Fax: (909) 890.9965 e-mail: guzmanconstcotlverizon.net