HomeMy WebLinkAbout2008-334
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RESOLUTION NO. 2008-334
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
repairs of sidewalks, curbs, gutters and cross gutters per RFQ 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
hislher 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,
2008-334 and shall read, "Guzman Construction Co, for the repairs of sidewalks,
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
Order and Agreement is rescinded if not issued within sixty (60) days of the passage
of this Resolution,
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2008-334
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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 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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint rej;mlar
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following vote, to wit:
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18th
day of August
, 2008, by the
meeting thereof, held on the
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
x
JOHNSON
MCCAMMACK x
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25 Approved as to Form:
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~~LJ:/.&A,.L
~ ~~h,~ ~~2~~~~er~.tl-~
is hereby approved this c::>to~ day of
The foregoing resolution
August ,2008.
~~~
at ck J. Mor~ Mayor
City of San Bernardino
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2008-33.4
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5 ("CITY" or "San Bernardino"),
6 WITNESSETH:
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WHEREAS, the City of San Bernardino has determined that vendor possesses the
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12 professional skills and ability to provide said services for the City:
13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
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20 2.
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 18th day of August
2008, by and between Guzman Construction Co, ("VENDOR") and the City of San Bernardino
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
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 RFQ F-08-26 dated
July 15, 2008, attached hereto, marked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length,
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.
III
Exhibit "A"
2008-334
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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-year extensions at the City's option, Option year one, if exercised, shall be
effective July 1, 2009 through June 30, 2010, Option year two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option year 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 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
Exhibit "A"
2008-334
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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
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 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
Exhibit "A"
2008-334
1 employees, and all business license, if any are required, in connection with the services to be
2 performed hereunder,
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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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Guzman Construction Co,
1254 S, Waterman Ave, Suite 24
San Bernardino, CA
Telephone: (909) 890-9975
Contact: Refngio Gnzman
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,
Exhibit "A"
2008-334
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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 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.
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,
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Exhibit "A"
2008-334
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ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes 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.
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Exhibit "A"
2008-33.4
VENDOR SERVICE AGREEMENT
GUZMAN CONSTRUCTION CO.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below,
Dated: r-1--, 2008
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,2008
Dated
Approved as to Form:
,
VENDOR,
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Exhibit "A"
2008-33:4
ATTACHMENT "I"
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS
RFQ F..QS-26
Concrete Maintenance Services Contract
NOTICE : .SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets DMsion is responsible for maintaining all
curbs, and gutters in the City. The intent of this document is to solicit 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 will
be committed to provide the best level of Concrete 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.
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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
roots, repair of sprinklers, reinstallation of mailboxes, replacement of
concrete, replacement of asphalt concrete, providing traffic control, and
clean up of construction debris. The intent of these specifications 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.
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 Specifications, these specifications shall take
precedence over and be used In lieu of the Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
AI:ce table I as s ecified
Attention is directed to Section 7-10, .Public
Convenience and Safety, of the Standard
S ecifications for Public Works Constructions
Ace- E:: ? (1\ bLJ::
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2008-334
latest addition and these special provisions.
Warning signs, lights, and devices for use in
perfonnance of work on Highways shall confonn to
the "Manual of Traffic Controls' 2000 Edition and A~Le::
the 'Work Area Traffic Control Handbook", 2000
Edition, adopted by the City 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-a,fPTA-fb L.S
possible. Contractor shall maintain a minimum of
one traffic lane in each direction at all times. All
excavations opened during any day will be paved
back to a safe condition by the end of the same
day.
All work sites must be marked and called in to
underground seMce alert 3 days prior to work
starting as per State of California. If a conflict exist Aa.-x:-~f'r(5LE:
a contractor must notify the city prior to digging or
removals of th.e site. Notification can be by phone
and followed 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
explain the sequence of work and indicate any Ace.,e'PrA6L6
restrictions of access. Verbal notification shall be
given to all places of business and residences at
least 18 hours in advance of commencing work that
will affect access to and from properties.
Full compensation for furnishing labor, materials,
equipment, and Incidentals for all traffic control will
be considered af 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 AttW~ble
removal and disposal of concrete or AC removed
vegetation, tree roots, trash, and other
obiectionable material from the oroiect. sawcuttina
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2008-33.4
and demolition. Protection and maintenance of
existing improvements, including utilities, within the
right-of-way which are to remain in place; and A~L-if
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
within the limits indicated on the plans, or as listed
on the project order list and as marked in the field. Aaart1'0Le
The limits of removal shall be saw cut and the
remaining edges of existing improvements shall be
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
with new work is damaged by the contractor's ~~~
operations, the existing shall be again saw cut
parallel to the original cut and such additional
portion removed and replaced at the contractor's
expense.
Existing asphalt concrete, concrete sidewalk,
driveway approaches, curb and gutter or other ~
improvements shall be completely removed. All
material removed shall become the property of the
contractor and shall be disposed at an appropriately
permitted recycling site. A weight ticket shall be
submitted to the city of recycled materials.
Contractor must comply with NPDES regulations Aaf1P rlfl:::{8'
during construction.
4. DISPOSAL OF MATERIAL REMOVED
All material removed in clearing and site
maintenance operations, including temporary ~ePIArb~
asphalt paving removal as specified herein, shall
become the property of the Contractor until he has
disposed of it 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
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All trash, roots, and organic material within six
inches of the finished surface shall be removed. In
addition, any trash or organic material, including
roots, encountered in demolition of any work
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
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
requirements of the City of San Bernardino, and as
specified in the Standard Specifications. 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, including
underground utilities, which are to remain in place
within and adjacent to the right-of-way from damage
resulting from his operation.
7. GRADING
4a.c9r-':}(!;i:e
fk:Lev'fAt6w
~t1tfjLr;:
Pcc~O+R6)L
The Contractor shall grade as required, provide all
unclassified excavating and unclassified fill
necessary for curbs, gutter, driveway, sidewalk, and
paving, as indicated on the plans and described in (\ r- _. /) (") L I~l 0
these special provisions. The Contractor shall I '-\LL..0t"lUlru u
remove excess and/or unsuitable materials from the
site. Unclassified fill and grading is necessary in
preparation for laying concrete, it shall be made
with clean earth which will be solidly compacted to
avoid future settlement.
8. COMPACTION OF SUBGRADE
Subgrade shall be scarified, watered and
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2008-33.4
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2008-33tl
compacted as necessary to obtain 90% relative fM1.a? r JY0 Lf!
compaction.
9. CONCRETE MATERIALS
Concrete materials shall be in accordance with the
Standard Specifications for Public Works 1\cc.tvf ft1? Le
Construction, latest edition and the City Standards.
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 t\ccx?r~8
Std No. 202 - Sidewalk Location
Std No. 203 - Residential Driveway Approach
Std No. 204 - Commercial Driveway Approach
Std No. 205 - Curb Ramp
10. REFERENCE LIST
Provide three (3) local govemment agencies and/or ~caJ>~a0~
company's previous or current contact references
that support your ability to provide Concrete
Maintenance Services.
11. CONTRACT LENGTH
The length of this contract shall be for one (1) year ~(j)~01u
with three (3) one-year extensions at the City's
option.
12. PRICING
Pricing shall include all Traffic Control, Materials, ~w~VJI(!;
Steel Plating, Equipment, and Manpower costs to
complete the projects.
13. LABOR RATES
Prevailing wage must be paid for the term of this ~~6lt,
contract. Prevailing wage reports must accompany
all invoices.
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2008-334
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS NO: RFQ F.oS-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 V\JD +t-v t-,)C>r<PDTW ~T'{-~l '/.. n\o,^~~ND
Total 'Cost (Written in WOi'ds)<C.J:>.)FN \-\V~~ 'R'fi'1/Ind "Z-~ cents.
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 construction; and that any and all subcontractors to be
employed on this project will be similarly licensed.
Dated ,) \A ~ \ 5 \ 7A:J:fb CONTRACTOR (.1,{A,7MAnJ'.nf\~
12..1--\ lulo Li
California Contractor's
Signature
1<av~1O Gt.vl'ZIVVlV\ I owf'J~
Print or Type Name and Trtle
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