HomeMy WebLinkAbout2009-092
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RESOLUTION NO, 2009-92
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 $150,000 TO GUZMAN
CONSTRUCTION COMPANY FOR THE REMOVAL AND REPLACEMENT OF
FAILED CROSS GUTTER AND IMPROVEMENTS TO THE WASH RACK AT THE
CITY YARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1, That Guzman Construction Company submitted the lowest bid for
concrete maintenance services per RFQ F-08-26, and therefore, this purchase is
approved pursuant to San Bernardino Municipal Code Section 3.04,010 (B) (2),
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.
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19 Construction Company in the amount of $150,000.
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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
SECTION 4, The Purchase Order shall reference this Resolution Number.
2009-92
and shall read, "Guzman Construction Company for the removal and
replacement of failed cross gutter and pavement sections at the City Yard, not to
exceed $150,000" and shall incorporate the terms and conditions of this Resolution.
25 SECTION 5. The authorization to execute the above referenced Purchase
26 Order and Agreement is rescinded if not issued within sixty (60) days of the passage
27 of this Resolution.
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2009-92
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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 $150,000 TO GUZMAN
CONSTRUCTION COMPANY FOR THE REMOVAL AND REPLACEMENT OF
FAILED CROSS GUTTER AND IMPROVEMENTS TO THE WASH RACK AT THE
CITY YARD.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a jninr rpgnhr
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following vote, to wit:
day of April
, 2009, by the
meeting thereof, held on the 20th
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25 Approved as to Form:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
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BAXTER
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BRINKER
SHORETT
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KELLEY
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JOHNSON
MCCAMMACK
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Q~ b__~
Ractlel G. Clark, City Clerk
hereby approved this ~3 day of
The foregoing resolution is
April , 2009,
~~~
tri J, Morris, Mayor
City of San Bernardino
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mes F, Penman
ity Attorney
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2009-92
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of April 2009, by and
between Guzman Construction Company ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for concrete maintenance services per RFQ F-
08-26; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for concrete maintenance services per RFQ F-08-26; and
WHEREAS, this Agreement is authorized per San Bernardino Municipal Code Section
3.04,010 (B) (2).
NOW, THEREFORE, the parties hereto agree as follows:
l. SCOPE OF SERVICES,
For the remuneration set forth in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in Attachment "1"
which is incorporated herein by this reference as fully as though set forth at length, In its
performance hereunder, Vendor shall be subject to all terms and conditions of Attachment "2"
not inconsistent with this Agreement. Attachment "2" is by this reference incorporated herein
and made a part hereof.
2, COMPENSATION AND EXPENSES,
a, For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the not to exceed amount of$150,000.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit "A"
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2009-92
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3, TERM; TERMINATION,
The term of this agreement shall be for a period of one (1) year from April 20, 2009 to
Aprill9,2010,
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 or
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.
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Exhibit "A"
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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,OO 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, Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of 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.
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 licenses, if any are required, in connection with the services to be
performed hereunder,
Exhibit "A"
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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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession,
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Guzman Construction Company
1254 S, Waterman Ave, Suite 24
San Bernardino, CA
Telephone: (909) 890-9975
Contact: Refugio Guzman
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.
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Exhibit "A"
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II. 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 ofthis 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
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 ofthis Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
Exhibit "A"
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16, SEVERABILITY.
If any provision ofthis Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability ofthe remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17, ENTIRE AGREEMENT; MODIFICATION,
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subj ect 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"
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2009-92
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VENDOR SERVICE AGREEMENT
GUZMAN CONSTRUCTION COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
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6 Dated: -1/2iJ '01 ,2009
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10 Dated ~ .,;:l9 ,2009
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13 Approved as to Form:
CITJA~mo
By: 1
City anager
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9r~
F, Penman, City Attorney
Exhibit "AIf
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Mar 31 09 ()5:04p GUZMAN
9098801441
p.2
ATTACHMENT "1"
USE 96150015
CA Uc. #724664 Class A
PROPOSAL
March 31, 2009
City of San Bernardino
Public Services Department
300 N. D Street
San Bernardino, Ca 92418
A TTN: Randy Keuttle .
RE: Cily Yani pad and cross gutter
Guzman Construction Company herein proposes the following:
1. Install 8,115 SQ. FT, 8" pad ...lith #4 rebar($I 6.501SF) - $133,897.50
2. InstalI223 LF of Cross Gutter($72.00/LF)- $ 16,056.00
TOTAL PROPOSED COST: $ 14'),953.50
Included in this cost are labor, equipment and material. Should you have any questions
feel free to contact me at (909) 880-1400.
Re io an,
Owner, Guzman Construction Company
2fJ.1 yv..H~;';~Eiii Aveii:~-Sa~~~~-':'in9~C:=914t=7
(~\ 2A'lof!l!, 1.;1!.U" ~"__ l'i!ICi:rl"~ ~ t ..cr.,!
,Y';,y?; "'~.... ~v -- -- \';""'''7 .....-....._....
e-mail: guzmanconstc01 @verizon_net
.G\JVo-~.)"+
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ATTACHMENT "2"
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS
RFQ F..oS-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 solicit proposals from
highly trained and qualified vendors with experience in providing Conaete 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 qualificatloi1 and bid based procurement process. the CIty of San
Bernardino Intends to enter into an agreement with a qualified vendor for Concrete
Maintenance Services.
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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 arid 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 con1rol. and
clean up of construction cIebrIs. The Intent of these specifications is to
provide for a complete and finished project in accoroance with the
, provisions in connections th6l9Wlth aU necessary labor, tools. implements.
equipment, materials. and suppnes.
Whenever the terms "Standard SpecIflcatlo/l6. is used, It shall mean the .Standard
Speclficetions for PublIC Works ConsIrUCIIon. latest edllion.. In case of conflict between
these specillcations and Standard SpecIfIcatlons, these speclflcatlons shan take
precedence over and be used In lieu of the Standard Specifications"
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
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1.. TRAFFIC CONTROL
Attention is directed to Section 7-10. .Public
Convenience and Safely, of the Standard
S cilications for Public Works Constructions
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latest addition and these special provisions.
Waming signs, lights, and devices for use In
perfonnance of work on Highways sh8H confonn to
the "Manual ofTrafIlc Controls' 2000 EdItIon and ~Lt=::'
the "Work Area Traffic Coritrol Handbook", 2000
Edition, adopted by the CIty of San Bemardino,
The Contractor shall so conduct his operations as
to offer the least possible obsbuctlon and
Inconvenience to the public. Convenient access to
abutting properties shall be maintained whenever A-tL-fPTkrb It;;
~ible. Contractor shall maintain a minimum of
one traffic lane in each dlrecUon at all times. All
excavations opened during any day wDI be paved
backlo 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 S1ate of CaIIfomia. If a conftict exist At;L-t---~Le:
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 wriUng at least five (5) days prior to
commencement of work. This r.utIftc;atlon shall
explain the sequence of work and Jndicate any ~L6
restrictions of access. Verbal notification shall be
given to all places of business and rasidences at
least 18 hOurs in advance of commencing work that
wiD affect access to and from properties.
Full compensation for fumlshlng labor, materials.
equipment, and Incidentals for all trafIIc control will
be considered ~ being Included In various items of
work and no ad Itional compensation will be
allowed.
2. CI I=ARING. GRUBBING. REMOVALS.
BELOCATlONS. AND SITE MAI~NANCE
The work covered by this section shall Include AttWWblt
removal and disposal of concrete or AC removed
vegetation, tree roots, trash, and other
objectionable material from the Drolecl: sawcutlina
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and demolition. Protection and maintenance of
existing Improvements. including utilities. within the
right-d-waywhich are to remain In place; and A~L-if
maintenance of the site in a neat and orderly
condition throughout the constnJcllon period.
3. REMOVAL OF EXISTING IMPROVEMENTS
ExistIng surface improvements shaD be removed
within the limits indicated on the plans, or as listed
on the project order list and as marked In the field. Aaar-r1PJLe
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 ~r7+1dE
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 shaD be completely removed. All
materialllimoved shall become the property of the
contractor and shall be disposed at an appropriately
perinltted recydlng site. A weight ticket shaD be
submitted to the city of recycled materials.
Contractor must comply with NPDES regulations AaefYt1}tL~
during consbuctlon,
4, DISPOSAL OF MATERIAL REMOVED
All ri1aterial removed In clearing and site
maintenance operations, including temporary 0cL-6?lA-rbLb
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 finlshedsurfaoe 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 perkxI 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
10 the satisfaction Qf the Street superintendent or
his designee.
Throughout the period of construcllon. the
Contractor shall control; dust In accordance with the
requirements of the City of San Bemardino, 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 es may be required by the City.
During the course of construction, the Contractor
shaD protect all existing Improvements. including
underground utilities, which are to remain in place
within and edjacent 10 the right-of-way from damage
resulting from his operation.
7. GRADING
t\cLeP~~
~tABL~
Pcc-e-O~6)~
The Contractor shaD grade as required, provide all
unclassified excavating and unclassified flU
neceSsary for curbs, gutter, driveway, sidewalk, and
paving, as indicated on the planS and descrtbed In f\ r- _ n r, I - fr.-I 0
these special provisions. The Contractor shall I ~'HIlru u
remove excess and/or unsuitable materials from the
site. Unclassified flU and grading is necessary In
preparation for laying conaete, It shall be made
with clean earth which wll be solidly compacted to
avoid future settlement
8. COMPACTION OF SUBGRADE
Su rade shall be scarified watered and
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compacted as necessary to obtain 90% relative M1&P rJrf; L~
compaction.
9. CON,CRETE MATERIALS
Concrete materials shaD be In accordance with the
Standard Specifications for Public Works tkcfl-r f\1?~
Construction, latest edlllon and the City Standards.
The following CIty Standards are made part of
these specifications:
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StcI No. 200 - Typical Section- P,C.C Curb & Gutter
StcI No. 201 - Cross gutter f\ccx?rA-tL6
StcI No. 202 - Sidewalk LocatIon
StcI No. 203 - Residentlal Driveway Approach
StcI No. 204 - Commercial Driveway Approach
StcI No. 205 - Curb Ramp
10. REFERENCE LIST
Provide three (3) local government agencies and/or f\Cai>~a0~
company's previous (Jr current contact references
that support your ability to provide Concrete
Maintenance Services.
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11. CONTRACT LENGTH
The length of this contract shall be for one (1) year f\aLt) kt01 t/
with three (3) one-year extensions at the Clty's
option.
12. PRICING
Pricing shall Include all Traffic Control, Materials, ~WtVLVIU
Steel Plating, Equipment, and Manpower costs to
complete the projects.
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13. LABOR RATES
PrevaUing wage must be paid for the tenn of this ~Cf.UJkb LL
contract. 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 QUANTlnES. THE CITY RESERVES THE RIGHT TO
PURCHASE MORE OF LESS THAN THE QUANTITIES SPECIFIED AT UNIT PRICES
BID
T ~/) \-hJN~\'CPI)1'\I\la::.T'{--6l"/... n\O,^-~ND
Total'Cosl (Written Iri W-oitIs)~~ ~~ 'Rm/lnd z-g<D cents.
The undersigned hereby certifies that he/she has an appropriate license, issued by the
State of Califomla 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 projectwUl be similarly licensed,
Dated ,'lAY \?\7~ CONTRACTOR~.IA'7.Mm rnf\~
12.1-\ lP It> L.\
California Contractor's
Signature
r<atJh.1O ~~~V\, OWN~
Print or Type Name and TIUe
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