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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution of the City of San Bernardino
providing notification of emergency contractual
services; ratifying a contract with Guzman
Construction in the estimated amount of $68,500 for
emergency sewer repair work on portions of "H"
Street and 17th Street; and authorizing the Director of
Development Services to execute Change Order No.
One in the credit amount of$700.
Dept: Development Services
Date: March 26, 2009
File:
MCC Date: April 20, 2009
Synopsis of Previous Council Action:
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Development Services to execute Change Order No. One with
Guzman Construction in the credit amount of$700.
~ C,lXJr
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone:
5203
Staff Report, Vicinity Map
Proposal; Resolution;
Supporting data attached: Change Order No.1, Invoice Ward(s): 2
FUNDING REQUIREMENTS: Amount: $67,800
Source: (Acct. No.)
132-431-5504-7701
Council Notes:
Acct. Description:
Finance:
~:".>-" ZOOC/'.?7'
SW-E, Miscellaneous Sewer Repairs
Agenda Item No. ---1f)
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the City of San Bernardino providing notification of emergency contractual
services and ratifying a contract with Guzman Construction in the estimated amount of $68,500
for emergency sewer repair work on portions of "H" Street and 17th Street.
Backl!:round:
On March 4, 2009, the Public Services Department notified the City Engineer of major failures
with a sewer main in two separate locations. The failures were discovered during a routine
camera inspection of the sewer main. The first failure affected the sewer main located along "H"
Street in the vicinity of 18th Street and the second failure affected the sewer main located along
17'h Street in the vicinity of "G" Street. Upon reviewing video from the camera inspections, it
was determined, for both failures, that a significant portion of the sewer pipe had collapsed
leaving voids above the pipe, creating a potential for cave-in of the street above. Based upon the
magnitude of the voids, their relative location in the street, and the amount of wastewater flow in
this system, coupled with the high potential for raw sewage to spill into City streets, the City
Engineer determined that immediate emergency repairs were needed to replace the existing pipes
at these two locations.
The Director of Development Services informed the City Manager on March 5 of the emergency
circumstances and requested approval to solicit informal bids for the repair work pursuant to
Section 3.04.075 of the Municipal Code. Informal bids were requested from two experienced
contractors that had recently completed sewer work for the City. The two contractors were
Guzman Construction and Nikola Construction. On March II, after inspecting the site, the two
contractors submitted their proposals. Guzman had the lowest bid amount at $68,500 and the
Nikola bid amount was $116,875. Guzman, a local contractor, was selected based upon their low
bid.
In the meantime, Public Services was managing the situation by pumping raw sewage out of the
system to prevent an overflow condition. The problem became increasingly worse over the
following week. On March 12, 2009, the pumping operation, at one point, was unable to keep up
with the sewage flow, causing raw sewage to eventually surface out of the manhole and flow
down the street. At this point, it posed a significant threat to public health and safety so the low
bidder was directed to begin work as soon as possible. Public Services contained the spill,
disinfected the affected surface areas, and reported the spill to the State Water Quality Control
Board as required.
Guzman Construction commenced the emergency repair work on March 12 and completed the
sewer repair work on March 26. During construction, additional items were discovered that
caused the issuance of a change order. These items included cutting and removing the existing
concrete roadbed that had been paved over with asphalt, steel plate rental, installation of
additional sewer pipe and importing rock to till the void areas. Offsetting the additional costs for
2
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
this unexpected work was the elimination of the bid item calling for reconstruction of 4 sewer
manholes. The resulting change order reduces the original contract amount by $700, leaving a
final revised contract amount of$67,800.
Public Services has identified additional problems in sewer lines that feed into the "H" Street
sewer main from residential areas along both sides of"H" Street. Many of these sewer lines will
need to be repaired and/or replaced. Staff is evaluating the camera inspection information to
determine the best solution for each line. There is currently an existing CIP project with funding
this fiscal year to upgrade the sewer line along "H" Street to provide needed additional capacity.
This project will now be expanded to include replacement and/or repair of the mains that feed
into it from either side of"H" Street. There is enough funding in the current project to complete
the design work, but staff will likely need to request a budget amendment to transfer more funds
into the project to cover the expanded scope of work. This will be done when the project is
brought forward to award a construction contract.
In accordance with the City of San Bernardino Municipal Code, Section 3.04.075 Emergency
Purchases, this report has been provided to Council to provide a full explanation of the
circumstances relating to the need to acquire emergency contractual services. Using the formal
bid process, which is about a two month process, was not an option given the emergency
situation. Staff requests that Council ratify the emergency services contract between the City
and Guzman Construction and approve Change Order No. One in the credit amount of $700.
Financial Impact:
The emergency sewer repair work contract will be charged to an existing Capital Improvement
Program project SW-E, Miscellaneous Sewer Repairs, Acct. No. 132-431-5504-7701, which has
a balance of approximately $347,000.
Recommendation:
I. Adopt Resolution.
2. Authorize the Director of Development Services to execute Change Order No. One with
Guzman Construction in the credit amount of$700.
Attachments:
"I" Vicinity Map
"2" - Proposal (dated 03/11/09)
"3" - Change Order No. One
"4" - Invoice (dated 03/31/09)
3
City of San Bernardino, California
Department of Public Works, Division of Engineering
elP No. SW-E
EMERGENCY SEWER REPAIR
FOR
"H' STREET AT 18TH STREET
AND
17TH STREET AT "G" STREET
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Apr 01 09 01 :16p
GUZMAN
9098801441
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Attachment "2"
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MBE 96150015
CA Lic. #724664 Class A
PROPOSAL
March II, 2009
City of San Bernardino
Development Services Department
300 N. D Street
San Bernardino, Ca 92418
A TTN: Kenny Barron
RE: SewerImprovements on17th StreetIH Street
DescriDtion:
1) 510 LF 8" Sewer Pipe SDR 35 @$100.00/LF=$51,000,00
This cost includes excavation, compact with same natural dirt, by-pass with pumps
from manhole to manhole, place base, paving, overlay, traffic control,
2) (4) Manholes to Redo @ $4,000.00/Ea, = $16,000.00
Should all four manholes require reconstruction.
3) Reconstruct Sewer Lateral to new pipe @$1,500.00/Ea. = $ 1,500.00
:::13,- ~',:j~ H;~~i~~_~~~ A~-!;i,m:e..... 820] ~e!i~aB'~:-~!~O,- Ca 92#..B7
(~@~J~' ~.OL1,t_iTll~ FiiA (S:i~~:~~ g?Q_;_,<:/~.~
e-mail:.ii:;.lnia~constc01 @~erizon:;;et
Apr 01 09 01 :16p
GUZMAN
9098801441
Attach&i~nt "2"
Closure of street during working hours may be required and reopened at the end of the
work day. Will need approval should we need to bypass from one to another.
Should you have any questions feel free to contact me at (909) 880-1400.
Thank you, "
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Refugio Guzman,
Owner, Guzman Construction Company
Attachment "3"
DEVELOPMENT SERVICES DEPARTMENT
'"
300 North "D" Street. San Bernardino. CA 92418-0001
Planning & Building 909.384.5057 . Fax: 909.384.5080
Public Works/Engineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
CONTRACT CHANGE ORDER NO. ONE
DATE: APRIL 1,2009
PROJECT: EMERGENCY SEWER REPAIR AT "H" STREET FROM 17TH STREET
TO 18TH STREET AND 17TH STREET FROM "G" STREET TO 300 WEST
OF "G" STREET
TO: GUZMAN CONSTRUCTION CO.
2137 HIGHLAND AVENUE
SAN BERNARDINO, CA 92407
GENTLEMEN:
You are hereby compensated for performing the additional work as follows:
ITEM NO: DESCRIPTION OF CHANGE COST
I-I Class II Base Rock (200 tons @ $45.00/ton) $ 9,000.00
1-2 Additional Saw Cutting (25 hrs @ $72/hr.) $ 1,800.00
1-3 Repair Sewer Lateral $ 1,000.00
1-4 Steel Plate Rental (5 days @ $300/day) $ 1,500.00
1-5 Extend 8-inch Sewer Mainline (20 ft @ $1 OO/ft.) $ 2,000.00
TOTAL COST CCO #1 $ 15,300.00
JUSTIFICATION:
Item
No.
1-1
Class II Base Rock (200 tons Iiil $45.00/ton)
During construction an old concrete roadway was found beneath the asphalt roadway.
It was necessary to remove the concrete roadway and was backfilled with Class II Base
Rock.
Additional Saw Cuttinl! (25 hrs Iiil $72/hr.)
The contractor was required to provide a larger concrete saw to saw through the
concrete roadway. The additional 8-inch in depth required additional time to saw
throu h the roadwa . This time was tracked b the contractor and ins ector.
Reoair Sewer Lateral
On 17th Street there was an existing sewer lateral that tied into the sewer main below
flowline. It was necessary to go back to the property line to adjust the grade to
eliminate a sewa e backu roblem.
1-2
1-3
Attachment "3"
ceo No. ONE - Guzman Construction Co.
Emergency Sewer Repair at "H" Street from 17lh Street to 18th Street & 17ili Street from "G" St to 300 West of "G" Street
Steel Plate Rental (5 days (ill $300/dav)
1-4 The contractor was directed to begin work on an emergency basis. To protect the street
from caving in, due to saturated sub-grade, the contractor protected his work and the
street with steel plates.
Extend 8-inch Sewer Mainline (20 ft (ill $1001ft.)
1-5 On "H" Street the street began to fail north of the repair area. The contractor was
directed to replace an additional 20 feet of sewer main to curtail any additional street
failures.
SUMMARY OF CONTRACT COSTS
The estimated revised contract cost is as follows:
Original Bid Amount. ... . . .. . ... . .. . ... . .. . . .. . ... . .. . . ... . . ... . .. $ 68,500.00
Contract Change Order No. One. . . . . . . . . . . . . . . . . . . . . . . . ..$ 15,300.00
Elimination of Bid Item #2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ 16,000.00)
Net Change Order Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .($ 700.00)
Revised Construction Contract Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67.800.00
GUZMAN CONSTRUCTION CO.
CONTRACTOR
Accepted
By:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Approved
By:
VALERIE C. ROSS
Director of Development Services
Title:
Date:
Date:
Approved
By:
MARK WEINBERG
Interim City Manager
Date:
Item No.
April 20, 2009
Attachment: Invoice (dated 03/31/09)
2
Mar 31 09 05:00p
GUZMAN
9098801441
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Attachment "4"
.,MM
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MBE 96150015
CA Lie. #724664 Class A
INVOICE
March 31, 2009
TO: City of San Bernardino
Development Services Department
300N. D Street
San Bernardino, Ca 92418
RE: P.0.302731 Emergency Sewer Repair
This Invoice is for the emergency sewer repair work on H Street between 1711 and 19th
Street in the City of San Bernardino
1) installed 510 feet of 8" sewer pipe SDR 35
Excavated old pipe, replaced pipe and compacted
With native soil, bypassed from manhole to manhole
Paving and overlay
2) Reconstruct (2) sewer laterals to new pipe $1,500.00 Ea.
$51,000.00
$ 3,000.00
TOTAL AMOUNT DUE: $54,000.00
Thank You,
e~
&
Refugio Guzman,
Owner, Guzman Construction Company
2137 W: Highland Ave; 8a11 Bernaraino Cif 92407
(909) 880-1400 * Fax (909) 880-1441
e-mail: guzmanconstco1@verizon.nel
RESOLUTION NO.
(C(Q)~Y
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE AWARD OF A CONTRACT TO GUZMAN
CONSTRUCTION FOR EMERGENCY REPAIR OF SEWER MAINS IN 17TH STREET
BETWEEN "G" STREET AND THE ALLEY WEST OF "G" STREET; AND "H"
STREET BETWEEN THE ALLEY EAST OF 18TH STREET AND THE ALLEY WEST
OF 18TH STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino Municipal Code, Section 3.04.075
Emergencv Purchases permits the City Manager to authorize the purchase of contractual
services that exceed the authorized limitation for open market purchases in case of an
emergency so urgent as to preclude advance action by the Mayor and Common Council.
SECTION 2. Failures in portions of a City's sewer main resulted in the creation of
voids above the sewer pipe that had the potential to cause significant sink holes, the obstruction
of sewer flows and a resultant sewage spill. The City Engineer determined that immediate
emergency repairs were needed and solicited proposals from two experienced contractors to
effect emergency repairs. Guzman Construction submitted the lowest proposal; therefore, a
contract was executed with said bidder in a total amount of $68,500, and such award became
effective upon being fully executed by both parties. All other proposals, therefore, were
rejected. Due to the emergency circumstances and pursuant to the Municipal Code, Section
3.04.075, the City Manager executed said contract on behalf of the City; a copy of the contract
agreement is attached hereto as Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 3. The Director of Finance has authorized and directed the issuance of a
Purchase Order for services based on said contract.
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RESOLUTION . . . RATIFYING THE AWARD OF A CONTRACT TO GUZMAN
CONSTRUCTION FOR EMERGENCY REPAIR OF SEWER MAINS IN 17TH STREET
BETWEEN "G" STREET AND THE ALLEY WEST OF "G" STREET; AND "H"
STREET BETWEEN THE ALLEY EAST OF 18TH STREET AND THE ALLEY WEST
OF 18TH STREET.
SECTION 4. In consideration of the emergency circumstances with said sewer main
failures, the Mayor and Common Council do hereby ratify the contract executed with Guzman
Construction by the City Manager.
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RESOLUTION. . . RATIFYING THE AWARD OF A CONTRACT TO GUZMAN
CONSTRUCTION FOR EMERGENCY REPAIR OF SEWER MAINS IN 17TH STREET
BETWEEN "G" STREET AND THE ALLEY WEST OF "G" STREET; AND "H"
STREET BETWEEN THE ALLEY EAST OF 18TH STREET AND THE ALLEY WEST
OF 18TH STREET.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council ofthe City of San Bernardino at a
meeting thereof, held on the
_day of
, 2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
Exhibit "A"
AGREEMENT FOR EMERGENCY SEWER REPAIRS: 17TH
STREET BETWEEN "G" STREET AND THE ALLEY WEST OF "G"
STREET; AND "H" STREET BETWEEN THE ALLEY EAST OF
ISTH STREET AND THE ALLEY WEST OF ISTH STREET
THIS AGREEMENT is made and entered into effective as of March ~1 , 2009.
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and GUZMAN CONSTRUCTION CO. ("Contractor").
WIT N E SSE T H:
A. \VHEREAS, City proposes to have Contractor provide emergency sewer repair
work consisting of sewer main-line replacement, manhole removal and replacement, and
reconnection of sewer laterals; and
B. WHEREAS, Contractor represents and warrants that it has the specialized
expertise and experience required to provide the contractual services contemplated and
holds all necessary licenses to practice and perform the services contemplated in this
Agreement; and
C. WHEREAS, City and Contractor desire to contract for the performance of the
services described below and as attached, and desire to set forth their rights, duties and
liabilities concerning the performance of the services; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained in this Agreement, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall furnish all labor, materials and
equipment for emergency sewer repair work in accordance with Plan No. 12621 (Exhibit
1) and pursuant to Contractor's proposal dated March 11, 2009 (Attachment A) both
which are made a part of this Agreement by reference. Contractor shall replace
approximately 510 feet of 8 inch sewer main-line, remove and replace up to 4 sewer
manholes, and reconstruct sewer laterals as needed.
1.2. Practices. All services to be provided by Contractor pursuant to this
Agreement shall be provided by personnel experienced in their respective fields and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
contractors in similar fields and circumstances in accordance with sound practices.
The work shall be done in accordance with the Standard Specifications for Public
Works Construction ("Grecn Book"), 2008 Edition, as written and promulgated by the
I
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Joint Cooperative Committee of the Southern California Chapter of the American Public
Works Association and the Southern California District of the Associated General
Contractors of California; and in accordance with the City of San Bernardino Standard
Drawings, insofar as the same apply, and except as amended by the attached Exhibits or
Attachments, or other contract documents.
Where the contract documents describe portions of the work in general terms, but
not in complete detail, it is understood that the item is to be furnished and installed
complete and in place, that only the best general practice is to prevail and that only
materials and workmanship of the first quality are to be used.
Plans and specifications must conform to the requirements of the City of San
Bernardino, American Concrete Institute (ACI), Uniform Building Code (USC), Uniform
Plumbing Code (UPC), Caltrans Standard Specifications, these Special Provisions and
the Standard Specifications for Public Works Construction (Green Book), latest edition.
Contractor shall verify the location of all underground utilities and services,
including potholing, before proceeding with excavation work, requesting in advance the
services of inspectors from the utility companies in order to ascertain said locations.
Damage to underground utilities resulting from neglect on the part of the Contractor shall
be corrected and paid for by the Contractor.
Contractor warrants that it is familiar with all laws that may affect its performance
of this Agreement and shall advise City of any changes in any laws that may affect
Contractor's performance of this Agreement. Contractor further warrants that it and its
personnel shall have no professional, personal, or other affiliation with or connection to
any property owner or any other person or entity connected with the project that could
interfere with Contractor's performance of its obligation to perform the sewer repajr
work.
1.3. Warrantv. Contractor warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Section 1774 of the California Labor Code requires that Contractor, and any
subcontractor under it, pay not less than the specified prevailing rates of wages to all
workmen employed in the execution of this Agreement. Said prevailing rates of wages
shall conform to Section 1773 of the California Labor Code. The general prevailing
wage rates in the county in which the work is to be done have been determined by the
Director of the California Department of Industrial Relations. These wages are available
from the California Department of Industrial Relations' Internet wcb site at
http://www.dir.ca.gov Idirdatabases.html.
~
F:\ (:\ I PE NO\Agrc~ml.'nlS\( Juzman SC\\ cr-( 'lmtr:J.~t.3.2 7 -09.Joc
The Mayor and the Common Council of the City of San Bernardino, by
Resolution No. 90-358 and any and all amendments thereto, have ascertained and
determined the general prevailing rate of per diem wages, and the per diem wages for
legal holidays and overtime work for each craft or type of work or workman needed in
the execution of contracts under the jurisdiction of the Mayor and Common Council.
Copies of the prevailing rate of per diem wages are on file at the City Engineer's office,
and shall be made available to any interested party on request.
Contractor's attention is directed to the following provisions of Labor Code
Section 1776. Contractor shall be responsible for the compliance with these provisions
by all subcontractors.
(a) Contractor and all subcontractors shall keep an accurate payroll record,
showing the name address, social security number, work classification, straight time, and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in
connection with all work performed under this Agreement.
(b) The payroll records enumerated under subdivision (a) shall be certified and
shall be available for inspection at all reasonable hours at the principal office of
Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her authorized
representative on request.
(c) Contractor shall file a certified copy of the records enumerated in subdivision
(a) with the City's Managing Engineer on a weekly basis. It will be Contractor's
responsibility to submit the records enumerated in subdivision (a) for all subcontractors,
in addition to its own employees. Failure to submit the records enumerated in
subdivision (a) on a timely basis shall constitute good and sufficient reason for
withholding the partial payments for work accomplished.
Contractor shall defend, indemnify and hold harmless City from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature
and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws,
which may arise out of Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or on any other
basis prohibited by law, except as permitted pursuant to Section 12940 of the California
Government Code. Violation of this provision may result in the imposition of penalties
referred to in California Labor Code, Section 1735.
3
F' 1:1\1 PE)\;O",:\gn:cmcms''(iu/man Scwl.'r-( 'onlract-3-27-0l),doc
1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter
into agreements to have other contractors perform, or may have City's own employees
perform, services that are similar to the services to be performed under this Agreement.
1.6. Business License. Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.7 Conflict of Interest: Contractor, in performing its obligations under this
Agreement, is governed by California's conflict of interest laws, Government Code
Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1 Compensation. Over the term of this Agreement, Contractor shall be
compensated for its services at the unit prices specified in Attachment A, for an estimated
total amount of$65,500.
2.2. Additional Services. Contractor shall not receive compensation for any
services other than the services specified in this Agreement unless City, prior to
Contractor performing the additional services, approves the services in writing. It is
specifically understood that oral requests and/or approvals of additional services or
compensation are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to City's Managing
Engineer for approval on a monthly basis. Each invoice shall include the amounts
charged for all of Contractor's services that have been completed to the sole satisfaction
of City during the period covered by the invoice. City shall pay Contractor's invoice
within forty-five (45) days from the date City receives the invoice. Each invoice shall
describe in detail the services performed and the time spent to perform each service. Any
additional services approved and performed pursuant to this Agreement shall be
designated on the invoice as "Additional Services" and the invoice shall identify the
number of the authorized change order, where applicable.
2.4. Records and Audits. Contractor shall maintain records of all services it
performs pursuant to this Agreement in accordance with generally accepted accounting
principles and shall make the records available to the Managing Engineer for inspection
and/or audit at mutually convenient times for a period of three (3) years from the
Effective Date.
3.0. TIME OF PERFOR"IANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence no later than one day after the
Effective Date of this Agreement. The services shall be performed in strict compliance
with the Project Schedule issued by the Managing Engineer. If Contractor fails to
commence work in a timely manner or fails to pursue work diligently to completion, City
may, at its option, terminate this Agreement.
4
I---F\IPI~NO' t\gre~mcnlS\lJuzman Sewer-(\mlr:Jct-j-D-09 doc
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts or conditions beyond the reasonable control of the party
or parties. Such acts and conditions shall include, but not be limited to, acts of God, fire,
strikes, material shortages, compliance with laws or regulations the effect of which could
not reasonably have been foreseen, riots, and acts of war.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and shall
continue until all repair work is completed to the satisfaction of the Managing Engineer.
4.2. Notice of Termination. City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated in this Agreement, with or without cause, at any time, by providing written
notice to Contractor. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
City.
4.3. Comoensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and services satisfactorily performed up to and including the
date of City's written notice of termination. Compensation for work in progress shall be
prorated according to the percentage of work completed as of the effective date of
termination in accordance with the fees set forth in this Agreement. In determining the
professional services actually rendered up to the effective date of termination,
consideration shall be given to both completed work and work in progress.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Contractor in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to City within ten (10) days of delivery of
termination notice to Contractor, at no cost to City. Any use of uncompleted documents
without specific written authorization from Contractor shall be at City's sole risk and
without liability or legal expense to Contractor.
5.0. INSURANCE
5. I. Minimum Scooe and Limits of Insurance. Contractor and all
subcontractors shall obtain and maintain during the life of this Agreement all of the
following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, and personal
injury, with a policy limit of not less than One Million Dollars
5
F:\EMPEN()\ ,\grccmcnb\(julman Sc\\cr-( "\mtracl-3.n-O<l.doc
($1,000,000.00), combined single limit, per occurrence and
aggregate.
(b) Automobile liability for owned, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limit, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California, including employer's liability coverage.
5.2. Endorsements. The comprehensive general liability insurance polic(ies)
and the automobile liability polic(ies) shall contain or be endorsed to contain the
following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to the subject project and contract with
City."
In addition, the comprehensive general liability, automobile liability, and workers'
compensation/employer's liability policies shall contain or be endorsed to contain the
following provisions:
(b) Notice: "This policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
(d) Waiver of subrogation: "Insurer waives any right of recovery it
may have against the City of San Bernardino or its elected and
appointed boards, officers, agents, or employees under this policy
because of payments Insurer makes for injury or damage arising
out of the named insured's operations or work done for the City of
San Bernardino."
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in Section 6.8 of this Agreement, or the
extent to which Contractor may be held personally responsible for indemnifying City
6
F :\[,'\1 PENO' Agr~..:m~nt~\Guzman Se\~ ..:r-C Onlract- 3-27 -OIJ_Joc
against liability for damages to persons or property, notwithstanding any insurance that
may cover such damage.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referred to in this Agreement and
supersedes any and all prior writings and oral negotiations. This Agreement may be
modified only in a writing, signed by the parties in interest at the time of the
modification. The terms of this Agreement shall prevail over any inconsistent provision
in any other document relating to this Agreement, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or hislher
designee shall be the representative of City for purposes of this Agreement and may issue
all consents, approvals, directives and agreements on behalf of City, called for by this
Agreement, except as otherwise expressly provided in this Agreement. Contractor shall
designate a representative for purposes of this Agreement who shall be authorized to
issue all consents, approvals, directives and agreements on behalf of Contractor called for
by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Managing Engineer to work
directly with Contractor in the performance of this Agreement. Contractor shall
designate a Project Manager who shall represent it and be its agent in all consultations
with City during the term of this Agreement. Contractor and/or its Project Manager shall
attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work under it may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below.
Communications shall be deemed served or delivered: a) at the time of delivery if the
communication is sent by personal delivery; b) at the time of transmission if the
communication is sent by facsimile; and c) 48 hours after deposit in the United.States
Mail as reflected by the official United States postmark if the communication is sent
through regular United States Mail.
IF TO CONTRACTOR:
Ralph Guzman, President
Guzman Construction Co.
2137 W. Highland Avenue
San Bernardino, California 92407
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, Ca 92418
Fax: 909-880-1400
Tel: 909-880-1441
Fax: 909-384-5080
Tel: 909-384-5357
7
F :\E M P r:~O"'AgrO:l.:mt.:ntS\ljlllman S..:\\ t:r.C.lnlral.:t .3.2 7 ~Ol).d()c
6.5. Attornevs' 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 under this Agreement
or the enforcement of any of the terms, conditions, or provisions of this Agreement. The
costs, salary and expenses of the City Attorney and members of his office in enforcing
this Agreement on behalf of City shall be considered "attorneys' fees" for the purposes of
this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. The parties agree that the sole and exclusive venue for any
legal action to enforce or interpret this Agreement, shall be a court of competent
jurisdiction located in San Bernardino County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Contractor'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 termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Contractor from Contractor's obligation to perform all other
obligations to be performed by Contractor under this Agreement for the term of this
Agreement.
6.8 Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorneys' fees,
damage to property or injury to or death of any person or persons, and all other damages
of any nature including, but not limited to, all civil claims or workers' compensation
claims, wholly or partly arising out of or in any way connected with the intentional or
negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors
in the performance of this Agreement.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall secure, at his
expense, and be responsible for the payment of any and all required payroll deductions
for Contractor and its officers, agents, and employees, including but not limited to
deductions for payment of Income Tax, Social Security, State Disability Insurance
Compensation, and Unemployment Compensation. Contractor shall procure at its
expense any business licenses required for the performance of the services to be
performed under this Agreement.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Contractor or any of its subcontractors in the course of performance of
this Agreement. shall be and remain the sole property of City. Contractor agrees that any
such documents or information shall not be made available to any individual or
8
F :\[:\1 P J -l\U,Agr~t:mt:nts\(Juzm:m Scwcr-C llnlract- 3-27 -09 Joe
organization without the prior written consent of City. Any use of such documents for
other projects not contemplated by this Agreement, and any use of incomplete
documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use
of such documents for other projects not contemplated by this Agreement or use of
incomplete documents furnished by Contractor. Contractor shall deliver to City any
findings, reports, documents, information, and data, in any form, including but not
limited to, computer tapes, discs, files, audio tapes and any other items relating to the
subject project, as requested by City or its authorized representative, at no additional cost
to City.
6.11 Public Records Act Disclosure. Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code section 6250 et. seq.). Documents or
information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and which Contractor informs City are trade secrets,
may be exempt from disclosure. City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without
limitation, those records so designated if disclosure is deemed to be required by law or by
order of a court.
6.12. Responsibilitv for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by City's representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable wholly or partly to Contractor occurs, then Contractor shall, at no
cost to City, provide all necessary design drawings, estimates and services necessary to
rectify and correct the error or omission to the sole satisfaction of City and shall
participate in any meeting required to carry out the correction.
6.13. Prohibited Emplovrnent. Contractor will not employ any regular employee
of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or contlict between
this Agreement and any of the attached Exhibits or Attachments, the terms set forth in
this Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
under this Agreement except as expressly provided in this Agreement.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Contractor. No other parties are intended to be direct or
9
r '1~~IPr::'>J()\;\gr<.:t:m\.'nt~'.(lL.lzman Se\\er-C\mtracl-]-27-09 Joc
incidental beneficiaries of this Agreement, and no third party shall have any right In,
under or to this Agreement.
6.17. Headings. Paragraph and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or be a full or accurate description of the content of this Agreement. Headings shall not
in any way affect the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises in construing this Agreement, this Agreement shall be construed as if
drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing authorized and executed by the parties to this
Agreement or their respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of the right to require performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and signed
by a duly authorized representative of the party against whom enforcement of a waiver is
sought. The waiver of any right or remedy that accrues to a party upon the occurrence of
an event shall not be deemed a waiver of any right or remedy that accrues to that party
upon the occurrence of any other event, nor shall any waiver constitute a continuing
WaIver.
6.21. Severabilitv. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, that determination
shall not affect the validity or enforceability of the remaining terms and provisions of this
Agreement or of the unenforceable provision in any other circumstance. Notwithstanding
the foregoing, if a court of competent jurisdiction determines that the value of this
Agreement to any party, based upon the substantial benefit of the bargain to that party, is
materially impaired by the elimination of an unenforceable provision, then the parties
shall through good faith negotiations substitute a substantially equivalent enforceable
provision for the provision determined to be unenforceable.
6.22. Countemarts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Como rate Authoritv. The persons executing this Agreement warrant that
they are duly authorized to execute it on behalf of the parties and that their execution of
this Agreement formally binds the parties to its provisions.
/II
10
F: \E~'\ PI:~O'.-\gr,;~mcnls'l;uzman Scwcr-Cnnlracl-1 -27 +()9.Joc
AGREEMENT FOR EMERGENCY SEWER REPAIRS: 17TH STREET
BETWEEN "'G" STREET AND THE ALLEY WEST OF "G" STREET; AND "H"
STREET BETWEEN THE ALLEY EAST OF ISTH STREET AND THE ALLEY
WEST OF ISTH STREET
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO,
A Municipal Corporation
GUZMAN CONSTRUCTION CO.
CONTRACTOR
B
19nature
Ri/V?/l) O#V
, Name and Title
Approved as to form:
James F. Penman,
City Attorney
{;J~
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I I I ~~AI':;~SECTIDN0
1 I I I: 1 III XXXXX ALLEY &. -W ST.
= I , -,......JQ:. (11044.4' TI4H>
'I I ~ I 1'- Ct139.75 INV>NJRTH
I IE II, I III <113'>.70 INVlSWTH
!i (1139.76 INV)[,uT
(1139.75 INV)IJ[Sl
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1__SHMI.~~HllIE I
_ _ _ EU.WmIlNS OF UIUIEI
_ ... IA1DWS .... 11) _ imiimaN.
APPROVED
20=
CI1Y OF SAN BERNARDINO
DEVELOPMENT SERII1CES-PUBUC WORKS/ENGINEERING
SEWER IMPROVEMENTS
17TH STREETt'H'STREET
I BY I APfI'll i DAlE
IWf'=n- <5 f~r:Nt'r:~Z
MO. C~::>I PI'. b.Xi-/Q
DltA.....,
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DRAWING
NO.
12621
SHEET .L r:A'
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FOR 0lY USE ONLY: FU NO. :;f7QI
CJ..P. NO. ~OX.U ..0. NO. 7101
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1150
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CONSTRUCT la~ r or 8. pvc
~ EXISTING TOP Of PAVEI€NT
1130
i
PROFILE
HORlz.r..4Q
VERT. 1'..4'
1+00
2+00
3+00
11 \ II
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CL INTERSECTION 1
"G' ST. L 13TH $1.
(1139.80 THH)
<1133.31 JNV)V[Sl
(1133.34 INV>NORTH
(113325 INV)SQUTH
MH II
<D1
CL lNTERSE ION
)(XXX M..LrY .. 17TH ST.
(1139.68 TMH)
(11304.02 INV>EA$T
m34.D4 INV>NlJRTH
... '2
~
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"G" STREET
I~REET
SCA.!.E:j"..4Q
Coli: TOLL FREE
'-BOO
422-4133
CONSTRUCTION NOTES
o t6TAU. NEW ll" M SEWER ......, SDR 28 ~ IItT10l
Q)CONSTRI.ICTSDtEJIt r.wlHOlE PfR arror SAN ~ $TO DlfC NO. 300
AND S11) tMC NO. JOI.
CD RECONSI1tUCT EX5TIMG SEWER lAltRAL TO mE NEW PFE.
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Underground Service Alert
(Vlal 1"- 1,,i;:;J U,';;!,L;Jd
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_lAM 4-TfACHMEf'{"f 4
".f.'. CIt~, CA Lie. #;;~::/d:a~~1;
PROPOSAL
March 11, 2009
City of San Bernardino
Development Services Department
300 N. D Street
San Bernardino, Ca 924] 8
ATTN: Kenny Barron
RE: Sewer Improvements on] 7lh StreetIH Street
Description:
]) 510 LF 8" Sewer Pipe SDR 35 @ $100.00/LF = $ 51,000.00
This cost includes excavation, compact with same natural dirt, by-pass with pumps
from manhole to manhole, place base, paving, overlay, traffic control,
2) (4) Manholes to Redo @ $4,OOO.OO/Ea. = $16,000.00
Should all four manholes require reconstruction.
3) Reconstruct Sewer Lateral to new pipe @$1,500.00/Ea = $ 1,500.00
;i.3: ~*~ fi";:;~~i;~~:: A~-=iO.&~ - S.:;:;i 8E-i:~t~~~h~~., U. 91';';';7
(""""'.....' .......,.., 1.J.nn F ("",.~....:!}..,..... ~A'"
5il,;.~"; ;~~':"'..-_-...~1 a';t. t.".:;'07} :;.>?;:~.:.....;.i
e-inail: Q<.lzmanconslco1 @verizon.net