HomeMy WebLinkAbout2009-347
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RESOLUTION NO. 2009-347
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 $60,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO BIG MIKE'S PLUMBING
& SANITATION COMPANY FOR THE lABOR, CONCRETE MATERIALS AND
EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTAllATION
OF DAMAGED, DEFICIENT AND AGED SEWER MANHOLE COVERS.
WHEREAS, Big Mike's Plumbing & Sanitation Company submitted the lowest
bid for the labor, concrete materials and equipment costs associated with the removal
and installation of damaged, deficient and aged sewer manhole covers per RFQ F-10- .
03;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
SECTION 1. 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
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Bernardino and Big Mike's Plumbing & Sanitation Company, a copy of which is
attached hereto, marked as Exhibit "A", and incorporated herein by this reference as
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Big Mike's Plumbing &
Sanitation Company in the amount of $60,000 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Big Mike's Plumbing & Sanitation Company for the labor, concrete
materials and equipment costs associated with the removal and installation of
damaged, deficient and aged sewer manhole covers. Agreement not to exceed
27 $60,000" and shall incorporate the terms and conditions of the agreement.
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2009-347
RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $60,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO BIG MIKE'S PLUMBING
3 & SANITATION COMPANY FOR THE lABOR, CONCRETE MATERIALS AND
4 EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTAllATION
OF DAMAGED, DEFICIENT AND AGED SEWER MANHOLE COVERS.
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27 III
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SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
III
III
., .
2009-347
RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $60,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO BIG MIKE'S PLUMBING
3 & SANITATION COMPANY FOR THE lABOR, CONCRETE MATERIALS AND
EQUIPMENT COSTS ASSOCIATED WITH THE REMOVAL AND INSTAllATION
4 OF DAMAGED, DEFICIENT AND AGED SEWER MANHOLE COVERS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held on the
2nd
day of
November
, 2009, by the
following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
Q(~ h.~
----
Rachel G. Clark, City Clerk
is hereby approved this #-
The foregoing resolution
November , 2009.
day of
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2009-347
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of November 2009, by
and between Big Mike's Plumbing & Sanitation 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 the labor, concrete materials and equipment
costs associated with the removal and installation of damaged, deficient and aged sewer
manhole covers; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for the labor, concrete materials and equipment costs associated with the removal and
installation of damaged, deficient and aged sewer manhole covers per RFQ F -10-03; and,
WHEREAS, Big Mike's Plumbing & Sanitation Company submitted the lowest best
bid.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in RFQ F-10-03, a
copy of which is attached hereto as Attachment" 1 " and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. F or the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $397.50 per man hole for the labor, concrete materials and
Exhibit "A"
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equipment costs associated with the removal and installation of damaged, deficient
and aged manhole cover. Purchase Order not to exceed the total amount of $60,000.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be from November 2, 2009 through June 30, 2010,
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
through June 30, 2014.
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. Price in any option year shall be as negotiated by the parties at the time of exercise
of the option. In no option year shall the price exceed that set forth herein.
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
Exhibit "A"
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own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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.
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
Exhibit "A"
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Big Mike's Plumbing & Sanitation Company
268 W. Cluster Street
San Bernardino, CA 92408
Telephone: (909) 888-8736
Contact: Michael E. Allen
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
Exhibit "A"
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
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.
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Exhibit "A"
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenIence only and shall not affect the construction or the interpretation of any of its
proVIsIons.
16. SEVERABILITY.
If any provision of this 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 of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. 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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III
Exhibit "A"
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2009-347
VENDOR SERVICE AGREEMENT
BIG MIKE'S PLUMBING & SANITATION COMPANY
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ~, 2009
Dated 1Ul1 5 ,2009
Approved as to Form:
Big Mike's Plumbi g & Sanitation Company
B X" ' -:;!i;(
tv1',~ Cle\ &.A\l.eyl, O\J\Jv'\etL
By:
Char es E. McNeely,
EXHIBIT "A"
7
2009.-347
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2009-347
RFP F-IO-03
Sewer Manhole Cover
Replacement Services
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-10-03
SEWER MANHOLE COVER REPLACEMENT SERVICES
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division is responsible for
maintaining all sewer manholes throughout the City. The intent of this
document is to solicit proposals from qualified CONTRACTOR'S with
experience in providing sewer manhole cover replacement services. The
Public Services Department, Street Division will provide the manhole lids and
collars. Last year, approximately 130 damaged, deficient and aged manhole
covers were replaced. The City is looking for the most responsive and
responsible CONTRACTOR that will be committed to provide the City of San
Bernardino with sewer manhole cover replacement services at a per unit
cost. Through a competitive qualification and bid based procurement
process, the City of San Bernardino intends to enter into an agreement with a
qualified CONTRACTOR for sewer manhole cover replacement 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.
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
CATEGORY I
ACCEPTABLE/AS
SPECIFIED
2009-347
1. SCOPE OF WORK
The CONTRACTOR will supply all labor,
concrete materials, asphalt material and
equipment associated with the removal and
installation of damaged, deficient and aged
manhole covers. The CONTRACTOR will be
responsible for calling the USA Underground
Service Alert. For bidding purposes and to better
compare pricing, the 130 manhole cover
replacements per year will be used to establish a
unit cost for each manhole cover that is replaced.
The City of San Bernardino does not guarantee
that 130 manhole covers will be replaced per
year.
2. PRICING PER UNIT COST
Provide a pricing proposal that is a fixed fee
per sewer manhole cover that is replaced.
Prevailing wage must be paid for the term of this
contract. (See Item #7.)
*Reminder: The Public Services Department,
Street Division will provide the new manhole
lids and collars. The CONTRACTOR must
return the old manhole lids and collars to the
City yard upon completion of the new
replacements. When existing manhole lids
and collars are in good condition when
raising the manhole lids, please reuse the
old set.
Construction Standard: the contractor will
make the repairs according to the City of San
Bernardino public works standards, a copy of
which is attached hereto, marked Attachment
"1"
3. SUBCONTRACTOR
The CONTRACTOR must list all subcontractors
used for the duration of this contract. If a new
subcontractor is hired to provide services during the
contract, the CONTRACTOR must submit the name
of the new subcontractor, subcontractor's license,
and insurance information one-week prior to work
performed.
RFP F-1O-03
Sewer Manhole Cover
Replacement Services
A ~~L91-Clb t-e.,
A&L{)+Db~
A~Qbu
4. REFERENCE LIST.
Provide three (3) local government agencies
and/or company's previous or current contact
references that support your ability to provide
sewer manhole cover replacement services.
5. CONTRACT LENGTH
The length of this contract shall be for one
(1) year with four (4) one-year extensions at
the City's option.
6. LICENSES
The CONTRACTOR represents that it has all
licenses including the Class A contractor
license, permits, qualifications and approvals
of whatever nature that are legally required
to provide sewer manhole cover replacement
services, including a City Business License,
and that such licenses and approvals shall
be maintained throughout the term of this
contract.
7. PREVAILING WAGE
For the work to be completed on City property, the
prime contractor and all subcontractors are required
to pay their laborers and mechanics employed
under this Contract, a wage not less than minimum
wage classification, as specified in both the Federal
and State Wage Decision when the Contract
amount for the Prime Contract exceeds $2,000.
The higher of the two applicable wage
classifications, either State Prevailing Wage or
Davis-Bacon Federal Prevailing Wage, will be
enforced for all work under this Contract. The
prime contractor is responsible for ensuring
subcontractor compliance with Davis-Bacon and
related Act Requirements. The Federal Labor
Standards Provisions (HUD 4010) apply to this
ro . ect.
2009-347
RFP F-l 0-03
Sewer Manhole Cover
Replacement Services
A Q...~ p-\- CLb ( ~
f=\ Gu-p-tQb( e:
t:l C-,eJL p-\Qb Ie.
2009-347
RFP F-IO-03
Sewer Manhole Cover
Replacement Services
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-10-03
DESCRIPTION OF RFQ:
Sewer Manhole Cover Replacement Services
~t~\t~LJ gct~~c:~ ~~~;~;j a ·
~~W Errnf'f/,dIWt) ('11 9JYDP'
COMPANY NAME
ADDRESS:
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
v1IJ <~ II \'
j/ I)~ f1e) A \1:"uf
Provide pricing that is a Firm Fixed Fee per replaced sewer manhole cover.
UNIT
FEE
Per Manhole Cover
$ 3g7. 50
ANNUAL PURCHASE ORDER
Effective on or about November 1, 2009 through June 30, 2010 plus four (4) single-year
renewal options, at the City's discretion for City's requirements,
Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year two if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year three if exercised, shall be effective July 1,2012 through June 30,2013.
Option year four if exercised, shall be effective July 1, 2013 through June 30, 2014.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to
exercising of any given option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required b@)
firm in order to meet the requirements of the Technical Specifications? Yes .
RFP F-IO-03
Sewer Manhole Cover
Replacement Services
I_~ . (circle one). If you answered "Yes", please provide detail of said
ad Itional costs:' -
At,'N. -t-, VV\..Q O~ v~\~~ \I\NLv1 \r-,6\s) C..Dv....ex....a \ \?
2009-347
~ yYUXx\~W (l~VU ~ Cl~fcl ~ CL
. ~
'bid LD\\'\ t~~\~ --tJD yt~OC YLpkuu..
tJ\o..Yt h <5\JL ,
Please indicate any elements of the Technical Specifications that cannot be
met by your firm.
~YOu included in your bid all informational items and forms as requested?
e / No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % () . days; unless otherwise stated, payment
terms are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents
requested herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ.
Below, please indicate all Addenda to this RFQ received by your firm, and the
date said Addenda was/were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
2009-347
RFP F-1O-03
Sewer Manhole Cover
Replacement Services
DATE SIGNED: ~~ ~C\
COMPANY NAME & ADDRESS: JSIS- )lr\ P)~V1!\ ~~ 5 J.2w;~f\~d;J
PHONE(907 )m.g:n FAX:9/)9)ff~'()~95 .
EMAIL: its YY1\}("'s P}~1Y\1;J1 ~ j)IJOG @ YYJhil', (2/7'7
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: