HomeMy WebLinkAbout37-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
$100,000 with three (3) one-year
extensions at the City's option between
the City of San Bernardino and Guzman
Construction Co. for the repairs of
sidewalks, curbs, gutters and cross
gutters.
Meeting Date: August 18, 2008
Synopsis of Previous Council Action:
On April 2, 2007- Resolution 2007-112- 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 $199,200 to Guzman Construction Co. for the repairs of
sidewalks, curbs, gutters and cross gutters.
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution and
Vendor Service Agreement
FUNDING REQUIREMENTS: Amount: $100,000 from the General
Fund
Council Notes:
Source: FY 08-09
Account No.
001-406-5505
Other Prof. Services
Finance:
Agenda Item No. ~$ 37
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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 Agreement and issuance of a Purchase Order in the amount of $100,000 with
three (3) one-year extensions at the City's option between the City of San Bemardino and
Guzman Construction Co. for the repairs of sidewalks, curbs, gutters and cross gutters.
Background:
The Public Services Department, Streets Division is responsible for maintaining all curbs,
gutters and cross gutters throughout the City. As part of the Division's on going curbs,
gutters and cross gutter maintenance program, the Division has budgeted for the repairs of
these items.
On June 19, 2008 a formal bid process was initiated to solicit bids for Concrete Maintenance
Services. Notices of bids were' mailed to the Chamber of Commerce and nine (9) vendors.
All vendors responded to RFP- F-08-26. The bid documents requested pricing for typical
concrete work, but did not guarantee a total amount of work.
The vendor, business location, and price are listed below.
~"``; EILAR Construction Loma Linda, CA
~/ S. Parker ENG., INC. Costa Mesa, CA
NPG Asphalt Perris, CA
New Legacy Corp. Fontana, CA
Arispe Concrete Chino, CA
Ark Cont. Co. Huntington Beach, CA
EPS, Inc. San Bernardino, CA
International Pavement Solutions San Bernardino, CA
Guzman Construction Co. San Bernardino, CA
$557,500
$373,000
$308,399
$304,600
$283,750
$277,875
$275,604
$227,050
$215,412
Guzman Construction Co. submitted the lowest qualified bid. Guzman Construction Co. 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 $100,000 for the repairs of sidewalks, curbs,
gutters and cross gutters. The contract will be for the labor, concrete materials and
equipment associated with the repairs.
Financial Impact:
Funds are available and have been budgeted in FY 08-09, Account No. 001-406-5505 (Other
Professional Services) in the amount of $100,000.
Recommendation:
Adopt Resolution.
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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 $100,000 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE
CITY OF SAN BERNARDINO AND GUZMAN CONSTRUCTION CO. FOR THE
REPAIRS OF SIDEWALKS, CURBS, GUTTERS AND CROSS GUTTERS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Guzman Construction Co. submitted the lowest bid for the
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repairs of sidewalks, curbs, gutters and cross gutters per RFO F-08-26.
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 Co., a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 3. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a Purchase Order to Guzman
Construction Co. in the amount of $100,000.
SECTION 4. The Purchase Order shall reference this Resolution No.
and shall read, "Guzman Construction Co. for the repairs of sidewalks,
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curbs, gutters and cross gutters, not to exceed $100,000" and shall incorporate the
terms and conditions of this Resolution.
SECTION 5. The authorization to execute the above referenced Purchase
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Order and Agreement is rescinded if not issued within sixty (60) days of the passage
of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $700,000 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE
3 CITY OF SAN BERNARDINO AND GUZMAN CONSTRUCTION CO. FOR THE
4 REPAIRS OF SIDEWALKS, CURBS, GUTTERS AND CROSS GUTTERS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2008, by the
8 following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
llll ESTRADA
~~ BAXTER
BRINKER
DERRY
`° KELLEY
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JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved .this
. 2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
F?:3
es F. Penman
Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18s' day of August
2008, by and between Guzman Construction Co. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernazdino")
WITNESSETH:
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WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the repairs of sidewalks, curbs, gutters and cross gutters per
RFQ F-08-26; and
WHEREAS, the City of San Bernazdino has deternuned 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 Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in RFQ F-08-26 dated
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July 15, 2008, attached hereto, mazked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length.
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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 $100,000 to provide repairs of sidewalks,
curbs, gutters and cross gutters per RFQ F-08-26.
b. No other expenditures made by VENDOR shall be reimbursed by CTI'Y.
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Exhibit "A"
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3. TERM.
The term of this agreement shall be from August 18, 2008 through June 30, 2009, with
three (3) one-yeaz extensions at the City's option. Option yeaz one, if exercised, shall be
effective July 1, 2009 through June 30, 2010. Option yeaz two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option yeaz three, if exercised, shall be effective July 1,
2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term.
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,
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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
Exhibit "A"
1 I I respect to third party claims against the Vendor relating to or in any way connected with the
2I I accomplishment of the work or performance of services under this Agreement.
3 ~ ~ 5. INSURANCE:
4 While not restricting or limiting the foregoing, during the term of this Agreement,
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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
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
g l I Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
10~ ~ additional named insured in each policy of insurance provided hereunder. The Certificate of
11 ~ ~ Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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termination in the policy.
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6. NON-DISCRIMINATION.
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15 ~ the performance of this Agreement and in the hiring and recruitment of employees,
16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
17 discrimination in employment of persons because of their race, religion, color, national origin,
18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
19 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
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12940 of the California Government Code.
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~ 7. INDEPENDENT CONTRACTOR
~ VENDOR shall perform work tasks provided by this Agreement, but for all intents and
24 purposes VENDOR shall be an independent contractor and not an agent or employee of the
25 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
26 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and .its officers, agents, and
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Exhibit "A"
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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,
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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 Bernazdino, CA 92418
Telephone: (909) 384-5140
Guzman Construction Co.
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 sha1L be considered as "attorneys'
fees" for the purposes of this pazagraph.
Exhibit "A"
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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 CTTY'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. 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
Bernazdino, 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.
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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 aze included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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Exhibit "A"
1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between the
3 parties, and supercedes any prior agreements and understandings relating to the subject manner
4 of this Agreement. This Agreement maybe modified or amended only by a written instrument
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executed by all parties to this Agreement.
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Exhibit "A"
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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.
By:
Its:
Dated , 2008
CTI'Y OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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Approved as to Form:
By:
Penman, City Attorney
Exhibit "A"
ATTACHMENT "I"
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS
RFQ F-08 26
Concrete Maintenance Services Contract
NOTICE : 'SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division is responsible for maintaining all
curbs, and gutters in the City. The intent of this document is to solidt proposals from
highly trained and qualified vendors with experience in Providing Concrete Maintenance
Services. The City is looking for the most responsive and responsible vendor that wiA
be committed to provide the best level of Concrete Maintenance Services. Through a
competitive qual'ficetion and bid based procurement process, the City of San
Bemanfino intends to enter into an agreement with a qualified vendor for Concrete
Maintenance Services.
Services: Bidder shaft complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Aoceptable° if
requirements are agreeable as set forth in Jett-hand column.
Description:
The project consists in a general contract of removal of existing
deterioreted or raised portions of sidewalks, a gutter, curb and gutter,
drive approach. cross gutter, spandrel or handicap ramp, removal of tree
roots, repair of sprinklers, reinstallation of madboxes, replacement of
concrete, replacement of asphaR concrete, Providing traffic control, and
dean up of construction debris. The intent of these speafications is to
provide for a complete and finished project in accordance with the
provisions in connections therewith all necessary labor, tools, implements,
equipment, materials, and supplies.
Wheneverthe terms "Standard Spedflcations" is used, it shall min the'Standard
Specifications for Public Works Construction, latest edition ' In case of conflict between
these sper;ificetions and Standard Spedflcatlons, these spedflcations shall take
precedence over and be used in lieu of the Standard Spedfications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
I /ass iffed
1. TRAFFIC CONTROL
Attention is directed to Section 7-10, "Public
Cornenlence and Safety, of the Standard ~ ~ ~ ,r~
S cations for Public Works Constructions
latest addition and these spedal provisions.
Warning signs, lights, and devices for use in
performance of work on Highways shah conform to
the'Manual of Traffic Controls' 2000 Edition and (.~
the 'Worts Area Traffic Control Handbook', 2000
Edition, adopted by the Cily of San Bernardino.
The Contractor shall so conduct his operations as
to offer the least possible obstruction and
inconvenience to the public. Convenient access to
abutting properties shall be maintained whenever A _~~-(-fig (,~
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possible. Contractor shall maintain a minimum of J
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one traffic lane in each direction at aN times. All
excavations opened during arty day will be paved
bads to a safe condition by the end of the same
day.
All work sites must be marked and catled in to
underground service alert 3 days prior to work
starting as per State of California. if a conflict exist
i ~~~_~ `~
ng or
a contractor must notify the dty prior to digg
removals of the site. Notification can be by phone
and follarred up with a written document.
All places of business and residences abng the
streets that are within the limits of work shall be
notified in writing at least five (5) days prbr to
commencement of work. This notification shall
ence of work and indicate any
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restrictions of access. Verbal notiflgtion shall be
given to all places of business and rceidences at
least 18 hours in advance of oommendng work that
will affect access to and from properties.
Fuli compensation for furnishing labor, materials,
equipmerrt, and inddentals for all traffic control will
be considered a~ being inducted in various items of
work and no additional compensation wUi be
atlowed.
2. CLEARING GRUBBING REMOVALS.
RELOCATIONS. AND SITE MAINTENANCE
The work covered by this ser~ion shall indude
removal and disposal of corttxete or AC removed ~~
vegetation, tree roots, trash, and other ~ ~~
o 'actionable material from the • sawcutti
and demolition. Protection and maintenance of
existing improvements, including utilities, within the
right-of-way which are to remain in place; and nL~~L~
maintenance of the site in a neat and orderly
condition throughout the construction period.
3. REMOVAL OF EXISTING IMPROVEMENTS
Existing surface improvements shall be removed
wtthin the limits indicated on the plans, or as listed
on the project order list and as marked in the field.
The limits of removal shall be saw cut and the ~ ~~ ~,~/~,~ _
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remaining edges of existing improvements shall be .
neat and sound to the satisfaction of the Direk~or of
Public Services or his designee.
If the edge of any existing improvement to be joined
with new work is damaged by the oontrador's
operations, the existing shall be again saw alt ~,--„ ,~ -~/l,p i ri
parallel to the original art and such additional rZ~-e--~% r l /7 /~L.
portion removed and n~laced at the contractor's
expense.
Existing asphalt oonaete, concrete sidewalk,
driveway approaches, curb and gutter or other
improvemerts shall be axnpletely removed. All
material removed shall become the property of the
contractor and shall be disposed at an appropriately
permitted recycling site. A weight ticket shah be
submitted to the dty of recycled materials.
Contractor must comply with NPDES regulations
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4. DISPOSAL OF MATERIAL REMOVED
All material removed in Bearing and stte
maintenance operations, including temporary
asphalt paving removal as spedtied trerein, shall ~~ ~~~1
become the property of the Contractor until he has
disposed of tt at an approved recycled k~rrter with
copies of weight tickets to be provided to the City of
San Bernardino.
5. REMOVAL OF TRASH AND OTHER
OBJECTIONABLE MATERIAL
All trash, roots, and organic material within sbc
inches of the finished surface shall be removed. In
addition, any trash a organic material, induding ~~~~-fir
roots, encountered in demolition of any work
performed shah be removed.
6. SITE MAINTENANCE
Throughout the period of constnrdion, the
contractor shall maintain the site of the work in a
safe, neat, and orderly condition free ofrplany
hazardous conditions, trash, debris, su us ~ ' ^ ~~~1 ,~
ikC.k, LX~
materials, and objectionable matter of any kind, all
to the satisfaction of the Street Superintendent or
his designee.
Throughout the period of construction, the
Contractor shall control: dust in accordance with the
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requirements of the City of San Bernardino, and as L-C~.~Y ~ U ~G
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spedfied in the Standard Spedficetions. Dust shall
be controlled continually during construction
operations by watering and by such other means,
and at such time as may be required by the City.
During the course of construction, the Contractor
shall protect all existing improvements, induding /~~ n I~ pp
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/"~G'~
underground utilities, which are to remain in place ,
within and adjacent to the right-of-way from damage
resulting from his operation.
7. GRADING
The Contractor shall grade as required, Provide all
unclassified excavating and undassfied fill
necessary for curbs, gutter, driveway, sklewalk, and
paving, as indicated on the plans and described in ~
ttrese spatial provisions. The Contractor shall ~~~
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remove excess andlor unsuitable materials from the
site. Unclassified ftll and grading is necessary in
preparation for laying concrete, it shall be made
wfth dean earth which will be solidly compacted to
avoid future settiemerrt.
8. COMPACTION OF SUBGRADE
Su retie shall be scarified watered and
to
oompailed as necessary to obtain 90% relative
action
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9. CONCRETE MATERIALS
Concxete materials shall be in accordance with the
Standard SpecfBcations for Public Works !I .. ~ .~,
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Constructlon, latest edition and the Cily Standards. ~
Ft(.C~ l.~
The following City Standards are made part of
these specifications:
Std No. 200 -Typical Section- P.C.C Curb & Gutter
Std No. 201 -Cross gutter 1~ C/1,~2_,i
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Std No. 202 -Sidewalk Location ~~
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Std No. 203 -Residential Driveway Approach
Std No. 204 -Commercial Driveway Approach
Std No. 205 -Curb Ramp
10. REFERENCE LIST
Provide three (3) local government agencies and/or ~ ~,,„ n~
comparys previous.or current contact references ~
1`~l~C~'
that support your ability to provide Concxete
Maintenance Services.
11. CONTRACT LENGTH
The length of this contract shall be for one (1) year
with three (3) one-year extensions at the Cilys ~ ~ ~ 0 '
~
option. V
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Cl~-~.~Y
12. P ICING
Priang shall include all Traffic Control, Matedals, [~ / „ p ~~ ~ ~ ~I ,
Steel Plating, Equipment, and Manpower costs to r~x~u~ v
complete the projects.
13. LABOR RATES
Prevailing wage must be paid for the tens of this ~~~
contrail. Prevailing wage reports must accompany
all invoices.
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CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS NO: RFQ F-08-26
CONCRETE MAINTENANCE SERVICES CONTRACT -VARIOUS LOCATIONS
THESE ARE ESTIMATED QUANTITIES. THE CITY RESERVES THE RIGHT TO
PURCHASE MORE OF LESS THAN THE QUANTITIES SPECIFIED AT UNIT PRICES
BID
-~v~fp ti1R~>'Ttnlt?JT~(-StXTtioNSF~~tJ
Total Cost (~ntten in~ 1Nordsj~~- ~ ~~t"'1~'RT9~nd ZERD cerrts.
The undersigned hereby certifies that he/she has an appropriate license, issued by the
State of California to provide this work; that such license will be in full force and effect
throughout the duration of construd'wn; and that any and all subcontractors to be
employed on this project will be simlarly licensed.
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5
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18a' day of August
2008, by and between Guzman Construction Co. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
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26 ~~~
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WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the repairs of sidewalks, curbs, gutters and cross gutters per
RFQ F-08-26; and
WHEREAS, the City of San Bernazdino 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 RFQ F-08-26 dated
July 15, 2008, attached hereto, mazked 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 $100,000 to provide repairs of sidewalks,
curbs, gutters .and cross gutters per RFQ F-08-26.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
l l l 3. TERM.
2 (I The term of this agreement shall be from August 18, 2008 through June 30, 2009, with
3I I three (3) one-yeaz extensions at the City's option. Option year one, if exercised, shall be
4 effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
5
July 1, 2010 through June 30, 2011. Option yeaz three, if exercised, shall be effective July 1,
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2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties
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8I I executed on or before expiration of the current term.
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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 iridemnify and hold the City, its elected officials, employees,
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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
1 respect to third party claims against the Vendor relating to or in any way connected with the
2 accomplishment of the work or performance of services under this Agreement.
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
6
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
7
8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
10 additional named insured in each policy. of insurance provided hereunder. The Certificate of
11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
12 termination in the policy.
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6. NON-DISCRIMINATION.
15I I ~ the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor pemut 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
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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
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employees, and all business license, if any aze required, in connection with the services to be
performed hereunder.
3 ~ ~ 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUHiEMENTS.
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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.
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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 Co.
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,
211
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
27
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this pazagraph.
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111 11. ASSIGNMENT.
2 ~ ~ VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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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. 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.
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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
Bernazdino, 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.
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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.
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes anyprior agreements and understandings relating to the subject manner
of this Agreement. This Agreement maybe modified or amended only by a written instrument
executed by all parties to this Agreement.
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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
By:
Its:
Dated , 2008 CITY OF SAN BERNARDINO
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Approved as to Form:
By:
J s F. Penman, City Attorney
VENDOR.
By:
Fred Wilson, City Manager
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ATTACHMENT "I°
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS
RFQ F-08 26
Concrete Maintenance Services Contract
NOTICE : °SPE IAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division is responsible for maintaining all
curbs, and gutters in the Cily. The intent of this document is to solicit proposals from
highly trained and qualified vendors with experience in providing Concxrjte Maintenance
Services. The City is looking for the most responsive and responsible vendor that wrll
be committed to provide the best level of Concxete Maintenance Services. Through a
competitive qualification and bid based procurement process, the City of San
Bernardino intends to enter into an agreement with a qualified vendor for Concrete
Maintenance Services.
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.
Description:
The project consists in a general contract of removal of existing
deteriorated or raised portions of sidewalks, a gutter, curb and gutter,
drive approach. cross gutter, spandrel or handicap ramp, removal of tree
rte, repair of sprinklers, reiristallation of mailboxes. replacement of
concrete, replacement of asphalt conrrete, Providing ttaftic control, and
dean up of construction debris. The intent of these spedfications is to
provide for a complete and finished project in acx;ordance with the
provisions in connections therewith all necessary labor, tools, implemerrts,
equipmerrt, materials, and supplies.
Whenever the terms "Standard Specifications' is used, it shall mean the "Standard
Specifications for Public Works Construction, latest edition ' In case of conflict between
these specifications and Standard Spedfications, these spectficatons shall take
precedence over and be used in lieu of the Standard Specificetions.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
1 e /ass ifled
1. TRAFFIC CONTROL
Attention is directed th Section 7-10, "Public
Convenience and Safety, of the Standard
i ~ ~ ~ n ,r~
ons
S edfications for Public Works Construct
latest addition and these special provisions.
Warning signs, lights, and devices for use in
performance of work on Highways shall conform to
the °Manual ofTrafiic Controls' 2000 Edition and ~ Ll
the "Work Area Traffic Control Handbook', 2000
Edition, adopted by the Cily of San Bernardino.
The Contractor shall so conduct his operations as
to offer the least possible obstruction and
inconvenience to the public. Convenient access to
abutting properties shall be maintained whenever ~~~-(-fig (,~
possible. Contractor shall maintain a minimum of
one traffic lane in each dir+action at all times. All
excavations opened during any day will be paved
bads to a safe condition by the end of the same
day.
All work sites must be marked and called in to
underground service alert 3 days prior to work
starting as per State of California. ff a conflict exist n'
t~~ L~
a contredbr must notify the dty prior to digging or f-~z.~
removals of the site. Notification can be by phone
and foibwed up with a written document.
All places of business and residences along the
streets that are within the limits of work shall be
notified in writing at least five (5) days prior to
commencement of work. This notification shall
uence of uvork and indicate any
in the se
l
(~
q
exp
a
restrictions of access. Verbal notification shall be
given to all places of business and residences at
least f 8 hours in advance of commencing work that
will affect access to and from properties.
Full compensation for furnishing labor, materials,
equipment, and inddentals for all traffic control will
be considered ay being included in various items of
work and no additional compensation will be
allowed.
2. CLEARING GRUBBING REMOVALS.
RELOCATIONS. AND SITE MAINTENANCE
The work covered by this section shall include
removal and disposal of concrete or AC removed ~ " I„ l ,~
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vegetation, tree roots, trash, and other ~ ~~
~
(~/~> ~,~/
ob'ectionable material from the ro sawcuttin
and demolition. Protection and maintenance of
existing improvements, including utilities, within the
right-0f-way which are to remain in place; and nL~~~~
maintenance of the site in a neat and orderly
condition throughout the construdlon period.
3. REMOVAL OF EXISTING IMPROVEMENTS
Existing surface improvements shall be removed
within the limits indicated on the plans, or as listed
on the project order list and as marked in the field.
The limits of removal shall be saw cut and the ~ ~~ ,~,~ _
~rL
Lt Y t ~L~
remaining edges of existing improvements shall tie .
neat and sound to the satisfaction of the Director of
Public Services or his designee.
If the edge of any existing improvement to be joined
witty new work is damaged by the contractor's
operations, the existing shall be again saw cut ~~-„ ~ .~/l,,f ~ r~
'
parallel to the original cut and such additional r
C~~.~ Y l fT/~L=-
portion removed ar-d replaced at the contrector's
expense.
Existing asphalt concrete, concrete sidewalk,
driveway approaches, curb and gutter or other
improvements shall be completely removed. Ali ~~
~
material removed shall become the property of the `
contrector and shalt tie disposed at an appropriately
permitted recycling site. Aweigh ticket shall be
submitted to the city of recycled materials.
Contractor must comply with NPDES regulations /1 c „~~,~y~,,~ / ~/
hC(~ i frC~
during construction. .
4. DISPOSAL OF MATERIAL REMOVED
All material removed in clearing and site
maintenance operations, including temporary
asphalt paving removal as spedfied herein, shall ~
~~.~j(~
become the property of the Contractor until he has J
disposed of tt at an approved recycled center with
copies of weight tickets to be provided to the City of
San Bernardino.
5. REMOVAL OF TRASH AND OTHER
OBJECTIONABLE MATERIAL
All trash, roots, and organic material within six
inches of the finished surface shall be removed. In
addition, any trash or organic material, induding ~1
~,Fyr~~
roots, encountered in demolition of any work ~~
h
performed shall be removed.
6. SITE MAINTENANCE
Throughout the period of construction, the
contractor shall maintain the site of the work in a
safe, neat, and orderly condition free of any
hazardous conditions, trash, debris, surplus ~ ' ^ ~~1 ,~
ikL_k_, LXi
materials, and objectionable matter of any kind, ail
tp the satisfaction of the Street Superintendent or
his designee.
Throughout the period of construction, the
Contractor shall control; dust in arxordance with the
~
(~ I ~!
~/~
requirements of the City of San Bernardino, and as .
~
~~ l 1`T U LG
spedfied in the Standard Spedfications. Dust shall
be controlled continually during construction
operations by watering and by such other means,
and at such time as may be required by the City.
During the course of construction, the Contractor
shall prated all abating improvements, induding nl~ I~ D
~~~pIL
!"Y
C
underground utNities, which are to remain in place _-
_~
within and adjacent to the right-of-way frpm damage
resulting from his operation.
7. GRADING
The Contractor shall grade as required, provide ail
unclassified excavating and unclassified fill
necessary for curbs, gutter, driveway, sidewalk, and
paving, as indicated on the plans and described in
these spedal previsions. The Contradershall
I,
I'~l~ ~~L
remove excess and/or unsuitable materials from the
site. Unclassified-fill and grading is necessary in
preparetion for laying concrete, it shall be made
with dean earth which will be sdidly compacted to
avoid future settlemerrt.
8. COMPACTION OF SUBGRADE
Su recta shall be scarified, watered and
to
compacted as necessary to obtain 90% relative
compaction p ,~y~ r~ y, ~_ t~
~~
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"
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9. CONCRETE MATERIALS
Concrete materials shaA be in accordance with the
Standard Spedfications for Public Works ~i ~. ~ .
f / ,
Construction, latest editieon and the City Standards. ~~ ~
~•l~ l.~i
The following City Standards are made part of
these spedfications:
Std No. 200 -Typical Section- P.C.C Curb & Gutter
Std No. 201 -Cross gutter
(~
•~ ~/~ ,~,~
(,
Std No. 202 - Skiewalk Location C
C/
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Std No. 203 -Residential Driveway Approach
Std No. 204 -Commercial Driveway Approach
Std No. 205 -Curb Ramp
10. REFERENCE LIST
Provide throe (3) local govemmeM agendas and/or I,~ ( ~
company's previous or current contact references ~~
y,/ (.,~
that support your ab8ity to provide Concrete
Maintenance Services.
11. CONTRACT LENGTH
The length of this contrail shall be for one (1) year
'
with three (3) one-year extensions at the Cily
s ~~ .~
option.
12. PRICING
Pridng shall indude all Traffic Control, Materials, R ~ . o ,n~ ~ l n ,
'
Steel Plating. Equipment, and Manpower costs to F~~.~.9
t v
complete the projects.
13. LABOR RATES
Prevailing wage must be paid for the term of this . ~ ,~~, l n
~~(~'~V7 UL ~ l
~
contrail. Prevaiing wage reports must accompany .
all invoices.
~.
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CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS NO: RFQ F-08-26
CONCRETE MAINTENANCE SERVICES CONTRACT -VARIOUS LOCATIONS
THESE ARE ESTIMATED QUANTITIES. THE CITY RESERVES THE RIGHT TO
PURCHASE MORE OF LESS THAN THE QUANTITIES SPECIFIED AT UNIT PRICES
BID
T.nID~iJIP~'M1 FT~T~-StX TH-ov`~~
Total CCoosstt n m ords)~- ~ ~~~~ ~~~ ZERD cents.
The undersigned hereby certifies that helshe has an appropriate license, issued by the
State of California to provide this work; that such license will be in full force and effect
throughout the duration of construction; and that any and all subcontractors to be
empbyed on this project will be similarly licensed.
Dated 1Z ~ ~~J ~~ CONTRACTOR ~~ ~~~,~~~ rf~'~!a~
_12~ lnb ~
California Contractors 'tense No.
Signature
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