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8.C
RESOLUTION (lD # 1520)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Agreement/Contract
DOC ID: 1520
From: James F. Penman
MlCC Meeting Date: 01/09/2012
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney
Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement to Provide Emergency Services to Design and Install Temporary
Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs to a Corroded Metal
Column at the Rudy C. Hernandez Community Center (PR04-020).
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
None.
Backl!round:
In September of 20 11, Public Works staff discovered that three wooden trusses supporting the
roof at the Rudy C. Hernandez Community Center Gymnasium had cracked to the extent that the
entire roof system appears to be in jeopardy of failing.
The cause of the failure is unknown. After an RFP was issued by Public Works, staff received
proposals from four contractors. The proposals were reviewed by Public Works staff and the
lowest responsible bidder was determined to be SPS Inc. with a bid of $64,450.00.
Further details will be provided to the Mayor and Common Council separately by a
memorandum from the City Attorney's Office.
Recommendation
Staff recommends that the Resolution be adopted.
Updated: 1/5/2012 by Mayra Ochiqui
I-packet Pg. 584
8.C
1520
City Attorney Review:
Supportinl! Documents:
reso 1520 (PDF)
agrmt 1520 (PDF)
Updated: 1/5/2012 by Mayra Ochiqui
I ~ pack!!P9. 585 I
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
COMMUNITY CENTER (PR04-020).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS;
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SECTION 1. SPS, Inc. 3000 East Miraloma, Anaheim, CA 92806, is the lowest
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responsible bidder to provide emergency services to design and install temporary shoring and
permanent repairs to cracked wooden trusses and repairs to a corroded metal column at the Rudy
C. Hernandez Community Center (PR04-020). A contract is awarded accordingly to said bidder
in a total amount of$64,450.00 with a 10% contingency amount for a total amount of
$70,895.00, but such contract shall be effective only upon being fully executed by both parties.
All other bids, therefore, are hereby rejected. The City Manager is hereby authorized and
directed to execute said contract on behalf of the City. A copy of the contract is attached hereto
as Exhibit "A" and incorporated herein by reference as though fully set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her designee
is hereby authorized to issue an annual purchase order to SPS, Inc. in the amount of $64,450.00
for FY 2011-12.
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SECTION 3. This contract and any amendment or modification thereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 4. The authorization to execute the agreement is rescinded if the parties to
the contract fail to execute it within sixty (60) days of passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
COMMUNITY CENTER (PR04-020).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof, held on the
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Common Council of the City of San Bernardino at a
,20_, by the following vote, to wit:
7 day of
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9 COUNCIL MEMBERS:
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MARQUEZ
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12 JENKINS
13 BRINKER
14 SHORETT
15
KELLEY
16
JOHNSON
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18 MC CAMMACK
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20
AYES
ABSTAIN
ABSENT
NAYS
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of , 20_.
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Approved as to form:
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JAMES F. PENMAN
City Attorney
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PATRICK J. MORRIS. Mayor
City of San Bernardino
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Packet I;'g. 587
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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Mayor and Common Council
FROM:
Henry Empeiio, Jr., Sr. Deputy City Attorney
DATE:
January 6,2012
RE:
January 9, 2012 Council Meeting Agenda Item No.8 (C) Resolution...
Authorizing the Execution of an Agreement to Provide Emergency
Services to Design and Install Temporary Shoring and Permanent Repairs
to Cracked Wooden Trusses and Repairs to a Corroded Metal Column at
the Rudy C. Hernandez Community Center (PR 04-020)
cc:
James F. Penman, City Attorney; Charles McNeely, City Manager; Rachel
Clark, City Clerk; Nadeem Majaj, Director of Public Works; and Robert
Eisenbeisz, City Engineer
On January 3, 2012, the City Attorney's Office received a copy of the attached
memorandum dated December 21,2011 from Nadeem Majaj, Director of the Public Works
Department to the City Manager requesting approval of a contract with SPS Inc. to provide
emergency services to design and install temporary shoring and permanent repairs to cracked
wooden trusses and repairs to a corroded metal column at the Rudy C. Hernandez Community
Center. This memo included an unsigned copy of the contract with the request that the City
Attorney approve the contract.
On January 4,2012, I delivered the contract to City Engineer Robert Eisenbeisz with
minor corrections and I called him questioning whether an emergency truly existed, "which
is so urgent as to preclude advance action by the Mayor and Common Council," as required
by SBMC Section 3.04.075. I pointed out to Mr. Eisenbeisz that Mr. Maj aj' s memo stated that
the cracked trusses were discovered in September 2011; that the Department did not issue the
RFP until November 29, 2011; and that although the Department received proposals on
December 12, 2011, the City Attorney's office was first contacted on January 3, 2012
regarding this contract. I informed Mr. Eisenbeisz that if an emergency truly existed since
September 20 11, an emergency services agreement under 5MBC Section 3.04.075 should have
been provided to the City Manager and the City Attorney as soon as possible. I told Mr.
Eisenbeisz that the four month delay in requesting approval of this agreement raises questions
as to whether an emergency truly exists, which is so urgent as to preclude advance action by
the Mayor and Common Council. Mr. Eisenbeisz informed me that notwithstanding this
II~VoJc< ~ ~g (c,)
F:IEMPENOIMisc Memos & LetterslMemo to Mayor re Agenda Item No.8 (C).EmergencySvc.wpd 1/" / /1.-
Memo to:
Date:
Page No.
Mayor and Common Council
January 6,2012
2
delay, he believes that an emergency still existed because the damage to the roof has not
changed and the roof was in danger of falling.
I received the revised and corrected contract from the Department later that day on
January 4, 2012, and I was told that the City Manager had previously signed the earlier version
of the contract on December 21,2011. I then requested Mr. Eisenbeisz to place this agreement
on the January 9, 2012 Council Meeting Agenda for ratification of the City Manager's
approval.
On January 5,2012, the City Attorney signed his approval ofthe revised and corrected
contract as to form and notified the City Manager that this contract was ready for his approval.
Also, on January 5,2012, Mr. Eisenbeisz informed me that Mr. Majaj and the City Manager
discussed this matter and that the City Manager decided that there was not enough time to put
this on Minute Traq for the January 9,2012 Council Meeting Agenda.
Later that day on January 5, 2012, the City Attorney's Office placed this item on
Minute Traq on the Agenda for January 9,2012 Council Meeting.
Also attached is a copy of the contract with SPS Inc., which although was uploaded
onto Minute Traq at 5:00 p.m. on January 5,2012, was inadvertently left out of the on-line
Agenda Packet for the January 9,2012 Council Meeting.
Respectfully submitted,
~~/r
Henry Empefio, Jr.
Sr. Deputy City Attorney
F:\EMPENO\Misc Memos & Letters\Memo to Mayor re Agenda Item No.8 (C).EmergencySvc.wpd
;
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
N.tIum MIIjiIJ P.E. -DllIEC:ITM
JOONIIIA'V"S_
S.. &rw.rJiu. CA 92411-1)001
109.1845140
Date:
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Request for approval of a contrad with SPS IDe. to provide Emergency ServRlcl to;U.
and InstaU Temporary ShorlDg and Permanent Repairs to Craeked Wood~'J'r"" and
Repail'll to a Corroded Metal Column at the Rudy C. Hernandez ComJDtlllity Center
(pR04-020) in the Dot-to-exceed amoUDt of 564,450.
December 21, 2011
To:
ChsrIes E. MeNeely, City Manager
From:
Nadeem Majaj, Director of Public Works
Subject:
Copies:
Henry Empeno, Sr. Deputy City Attorney; File No. PR04-020
8aek......uod
In September of 2011, it was discovered that three wooden trusses supporting the roof at the Rudy C.
Hernandez Community Center Gymnasiwn bad cracked to the extent that the entire roof system appears to be
in jeopardy of fIIiliIIg.
The cause of the failure is unknown. In order to address the problem, staff was directed to issue a
Design/Build Request for Proposals (RFP) to slnlc:tural engineering consultants and contractors to install
temporary shoring and design and install permanent repairs. The RFP was issued on November 29, 2011 to
eight contractors and was posted on the City's website. Pre-proposa1 walkthroughs were conducted on
December I, 2011 and December 5, 2011. Attendance at one of the walkthroughs was mandatory.
On December 12, 20 11, staff received proposals from four contractors. The contractors an: as follows:
Name of Proposer City Not-to Exeeed Amount
SPS Inc. Anaheim $ 64,450.00
Burrola Construction, Inc. Redlaods $ 86,250.00'
Riverside Construction Co. Riverside $ 102,188.00
PCM ConstructiOD Raocho eucaniofiga $ 249,523.31
. Bid by Burrola was declared non-responsive, due to a statement contained in their proposal as follows:
.....a1i workdescribedbelowforDAIRYQUEENGRlLL & CHILL, ...".
The proposals were reviewed by Public Works staff and the lowest responsible bidder was detennined to be
SPS Inc. 'Ibis finn is highly qualified aod experienced in the repair of cracked and damaged wood Inlsses. A
copy of their proposal and the Request for DesignlBuild Proposal is attached to the City's Standard
Agreement, all ofwbich are attacl1ed hereto. 1/ -eMtkTh"" #~(c.)
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s:1ENGINEeRING\ oo.'ION'RFCA'sII-SHORT.fORM CONTIlAcrs\20J I\'lPS Emerga1l:y Rqlair _ CadalCM-TnmsmilIII SI'S
- llcsipBuild_Communily<l7m.do<:
Page20f 2
Request for approval of 00_ with SPS Inc. Ill; Hernandez Gymnasium Repair
SPS Inc. quoted $59,650 for the basic work needed to design and repair t\w damllgl'lllrusses and corroded
colUDIIL In addition, SPS Ine. quoted $4,800 to comply with the requirement of Addendum #1 which requires
that the truss bolt holes be checked and the bolts replaced with a larger size if the holes are more Iban 1116 inch
larger than the existing bolts. Therefore, the total amount of the bid is $64,450; however, the $4,800 wiD not be
paid if the bolts do not need to be replaccd. The total budget amount for the work, including a 10 percent
contingency amount, is $70,895.
Staff has inspected the entire roof system and determined that the failure is confined to three trusses near the
south wall of the building. No failures were observed in any other areas of the roof structure.
Chapter 3.04.075 of the Municipal Code authorizes the City Manager to expedite approval of emergency
purchases for contractual services ey......ding $25,000, normally requiring approval of the Mayor and Common
Council, where the purchase is so UIgent as to preclude advance action by the Mayor and Common Council,
subject to the requirement that a full exp1anation of the emergency circumstances be filed with the Mayor and
Common Council in a timely manner.
The Contractor has agreed to begin installation of emergency temporary shoring within seven (7) days of receipt
of a Notice to Proceed with temporary shoring. The permanent repairs are expected to be completed by early
February 2012.
Finaneial ImDllel
Two sources of funding have been identified for this project. An amount of $35,000 is being taken from CIP
Project No. PR04-020 "Citywide Community Center Upgrades" and the amount of $35,895 is being taken from
ClP PR04-038 "Ruben Campos Center Renovation" to comprise the total fimding need 0($70,895.
Account: 243-160-5504-7443-0025
Balance as of 11-14-11: $55.681
Budgeted Amount: $35.000
Balance after approval of this item: $20.681
Account: 243-160-5504-7495-0025
Balance as of 12-20-11: $886.501
Budgeted Amount: $35.895
Balance after approval of this item: $850.606
Please note this balance does not indicate available fUnding. It does not include non-encumhered recurring
expenses or expenses incurred but not yet processed
Recommendation
Staff recommends that the City Manager sign the attached Agreement, secure City Attorney's approval "as to
form," and authori7.e the Director of Finance to issue an emergency purchase order in the not-to-exceed amount
of $64,450 to SPS Inc. or this work
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Nadecm Majaj 7
Director of Public W
evin L. os
Director of Parks and Recreation
Enclosure
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
COMMUNITY CENTER (pR04-020).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. SPS, Inc. 3000 East Miraloma, Anaheim, CA 92806, is the lowest
responsible bidder to provide emergency services to design and install temporary shoring and
permanent repairs to cracked wooden trusses and repairs to a corroded metal column at the Rudy
C. Hernandez Community Center (pR04-020). A contract is awarded accordingly to said bidder
in a total amount of$64,450.00 with a 10% contingency amount for a total amount of
$70,895.00, but such contract shall be effective only upon being fully executed by both parties.
All other bids, th.erefore, are hereby rejected. The City Manager is hereby authorized and
directed to execute said contract on behalf ofthe City. A copy of the contract is attached hereto
as Exhibit "An and incorporated herein by reference as though fully set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her designee
is hereby authorized to issue an armual purchase order to SPS, Inc. in the amount of $64,450.00
for FY 2011-12.
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SECTION 3. This contract and any amendment or modification thereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 4. The authorization to execute the agreement is rescinded if the parties to
the contract fail to execute it within sixty (60) days of passage of this resolution.
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1l1UlJ;U~:#~ (0)
,/q/O-
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
2 PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
3 SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
4 COMMUNITY CENTER (pR04-020).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
,20-, by the following vote, to wit:
meeting thereof, held on the
7 day of
8
9 COUNCIL MEMBERS:
10
MARQUEZ
II
12 JENKINS
13 BRINKER
AYES
NAYS
ABSTAIN ABSENT
14 SHORETT
15
KELLEY
16
JOHNSON
17
18 MCCAMMACK
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Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,20_,
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24 Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
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JAMES F. PENMAN
City ttorney
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AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (PR04-020)
THIS AGREEMENT is made and entered into effective as of December 21st, 2011
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"),
and SPS INC. ("CONTRACTOR").
WITNE S SET H:
A. WHEREAS, CITY proposes to have CONTRACTOR provide Emergency Services to
Design and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and
Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center (PR04-020);
and
8. 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, Chapter 3.04.075 of the Municipal Code of CITY authorizes the City
Manager to expedite approval of emergency purchases of contractual services exceeding
$25,000.00, normally requiring approval of the Mayor and Common Council, where the
purchase is so urgent as to preclude advance action by the Mayor and Common Council, subject
to the requirement that a full explanation of the emergency circumstances be filed with the
Mayor and Common Council in a timely manner; and
E. 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. ScoDe of Services. CONTRACTOR shall provide Emergency Services to Design
and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs
to a Corroded Metal Column at the Rudy C. Hernandez Community Center (pR04-020) in
accordance with Contractor's Proposal dated December 8, 2011 marked Attachment "1" and the
1J1el1k rftWl '=#g (G)
fjqjl)"
Request for DesignlBuild Proposals including Addendum #1 marked Attachment "2"
(hereinafter referred to as RFP) both of which are attached hereto and incorporated herein. The
terms of the RFP shall prevail in case of omissions or conflicts with Attachment "1".
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 CONTRACTOR shall, before starting work on permanent repairs, obtain a permit
from CITY's Division of Building and Safety and perform all work in accordance with said
Permit.
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.
CONTRACTOR shall verify the location of all existing facilities that may be affected by
the proposed Emergency Services. Damage to existing facilities 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 repair 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' Intemet web site at http://www.dir.ca.gov/dirdatabases.htrnl.
The Mayor and the Common Council of the City of San Bemardino, by Resolution No.
90-358 and any and all amendments thereto, have ascertained and determined the general
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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 Construction 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 the City of San Bernardino
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 these entities 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 Govermnent Code. Violation of
this provision may result in the imposition of penalties referred to in California Labor Code,
Section 1735.
1.5 Non-Exclusive Agreement. CONTRACTOR acknowledges that CITY may enter
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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.
2.0. COMPENSATION AND BILLING
2.1 Compensation. The CONTRACTOR shall be compensated in an amount not-to-
exceed $64,450.00, except that $4,800.00 of said compensation will only be paid if the bolts
require up-sizing in accordance with the RFP.
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
Construction 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 Construction 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 PERFORMANCE
3.1. Commencement and Completion of Work. The CONTRACTOR acknowledges
that for this project time is of the essence. The CONTRACTOR agrees to start the work
immediately after receiving Notice to Proceed with Temporary Shoring from the CITY. The
CONTRACTOR agrees to begin installation of the temporary shoring within seven (7) days and
complete installation within fourteen (14) days receipt of said Notice. Further, the
CONTRACTOR agrees to commence construction of permanent repairs within seven (7) days of
receipt of a Notice to Proceed with Construction from CITY and to complete construction within
forty-five (45) days of receipt of said Notice. If the work is not completed within forty-five (45)
working days of receipt of the Notice to Proceed with Construction, the CONTRACTOR shall
pay to the CITY the sum of $500.00 per day for each calendar day delay in finishing the
construction work in excess of the number of working days prescribed above. If the
4
CONTRACTOR fails to commence work in a timely manner or fails to pursue work diligently to
completion, the CITY may, at its option, terminate this Agreement.
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 City 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 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
5.1. 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 coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, and personal injury, with a
5
policy limit of not less than One Million Dollars ($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.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Contractor's Structural
Engineer subconsultant shall obtain and maintain, said E&O liability
insurance during the life of this Agreement and for three years after
completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy (policies)
and the automobile liability policy (polices) shall contain or be endorsed to contain the following
provisions:
(a) Additional insured: "The City of San Bemardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to the subject project and contract with the 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
Bemardino shall be excess and not contributing with the insurance
provided by this policy. "
(d) Waiver of subrogation: "Insurer waives any right ofrecovery 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.
h
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 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 Public Works 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 ofthis 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 THE CONTRACTOR:
James W. Murray - CEO
3000 East Miraloma
Anaheim, CA 92806
Tel: 714-632-8333
Fax: 714-632-7131
IF TO THE CITY:
Nadeem Majaj, P.E.
Director of Public Works
300 N. "D" Street, 3rd Floor
San Bernardino, CA 92418-000 I
Tel: 909-384-5140
Fax: 909-384-5190
7
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 oflaw 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 the City of San Bernardino 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. Indeoendent 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 its
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 Ownershio 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 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
8
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. Resoonsibilitv 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 Emolovment. CONTRACTOR shall 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 conflict 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 Partv Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONTRACTOR. No other parties are intended to be direct or incidental
beneficiaries of this Agreement, and no third party shall have any right in, under or to this
Agreement.
9
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 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.
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. Comorate 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.
6.24. Damages. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts or in law or in equity.
1//
10
AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (PR04-020)
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
and through their respective authorized officers in the year and day first above mentioned.
CITY OF SAN BERNARDINO,
A Municipal Corporation
SPS INC,
CONTRACTOR
CHARLES E. MC NEELY, City Manager
By
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
11
ATTACHMENT "1"
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December 8, 2011
Subject: Request for Design/Build Proposal to Install Temporary Shoring
And Permanent Repairs to Cracked Wooden Trusses and Repairs
To a Corroded Metal Column at the Rudy C. Hernandez Community
Center.
Site Address: 222 N. lugo Ave
San Bernardino, California
Issued on: November 29, 2011
Due on: Thursday, December 8,2011 At 4:00 pm.
Proposal is being submitted By:
SPS Inc.
3000 E. Miraloma
Anaheim, California 92806
Contractor license:
Contact:
Project Manager:
B-309472
James W. Murray - CEO
Dan J. Shiner - Vice President
Jeff Hall- Field Superintendant
Submitted By:
-:}- t-'\ ,
James W. Murray
SPS Inc. - CEO
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SCOPE OF SERVICES
(Truss Repairs)
. Provide engineering, calculations and plans for the required repairs.
Plans to be prepared by Richard Plump of Plump Engineering, Inc.
License #C-052696
. Install temporary wood 6"x6" wood shores at necessary panel points
to support trusses.
. Re-elevate trusses to original height via temporary shoring and 20
tone screw jacks
. Remove and replace damaged webs and fractured lower chords.
. Reinforce all (4) trusses by adding localized rod reinforcement at
every web.
. Potential lower chord reinforcement by installing high strength steel
tension rods from heel to heel on both sides of lower chords.
. (Damaged Steel Column Repair)
. Install temporary shoring to support exterior canopy
. Remove damaged column
. Install new steel column to match.
. Field welding as required for new column installation.
Base Bid: The total cost to complete the above work is $59,650.
Fifty-nine Thousand Six Hundred and Fifty doUars
Upon award of contract:
Allow 2 weeks for completion of engineering and plans
Allow approximately 2 weeks for construction.
Bid Alternate:
Removal and replacement of possible undersized bolts at upper chord
connections.
Add $4,800. H Bid Alternate work is required.
"I.
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Tentative Schedule:
. Award of contract -
. Execution of contract -
To be determined.
To be determined.
Install temporary shoring: Within 7 days from contract execution.
Completion of calculations and plans: Within 14 days from contract execution.
Plan review and city approval:
To be determined.
Commencement of Construction:
Completion of construction:
Within 7 days from city approval.
Within 21 days from commencement.
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December 8, 2011
Professional. Technical and support subcontractors:
(Engineering and plans)
Richard Plump - President
Plump Engineering Inc.
914 E. Katella
Anaheim, California 92805
(714 )385-1835
license: C-052696
(Shoring and Truss Repairs)
All work shall be completed by SPS Inc. personnel. Our firm has specialized in the repair and
reinforcement of wood trusses for over 36 years. We have completed hundreds of similar
repairs for past clients.
Key Personnel:
James W. Murray - CEO
Dan Shiner - Vice President
Jeff Hall- Field Superintendant
20 years experience with SPS Inc.
30 years experience with SPS Inc.
28 years experience with SPS Inc.
(Column Removal and Replacement)
SPS Inc. personnel shall install the temporary shoring, remove and replace the damaged
column.
Field Welding:
Sal's Portable Professional Certified Welder
Salomon Mercado license # P013274
1427 Dawley Ave.
Valinda, California 91744
(626)917-2247
Neff Construction
Contact: David Smith
Phone (909) 947-3768
Paramount Pictures
Contact: Greg Smith
Phone (323) 956-8978
Boeing - EI Segundo
Contact: Jack Shannon
Phone (310) 628-4341
Karney Management
Contact: AI Drake
Phone (310) 826-5637
Warner Brothers
Contact: Joe Vasquez
Phone (818) 977-2770
V ons/Safeway Co.
Contact: Neil Madewell
Phone (626) 821-7829
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SPS,Ine.
Customer References
RedIands Unified School District
Mission Elementary
Currently in Progress
Multiple Stages - Hollywood
1980 - Present
Multiple Buildings
1885 - Present
Multiple Properties
1995 - Present
Global Digital Media Building
2007-2009
Various Stores Southern California
1980 - Present
ATTACHMENT "2"
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Nadeem Majaj P.E. -DlRECI'OR
300 Norlh ''0'' S /reel
San Bernardino, CA 92418-0001
909.384.5140
REQUEST FOR A
DESIGN/BUILD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND
PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A
CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
ISSUED ON: NOVEMBER 29, 2011
DUE ON: THURSDAY, DECEMBER 8, 2011 AT 4:00 PM
Page 1 of 11
I. INTRODUCTION
The City of San Bernardino (City) is soliciting Proposals to design and install
temporary shoring and perform permanent repairs to three (3) cracked and split wooden
roof trusses at the Rudy C. Hernandez Community Center Gymnasium located at 222
N. Lugo Avenue, San Bernardino, California.
II. BACKGROUND
In September of 2011, it was discovered that three of four wooden trusses supporting
the roof at the Rudy C. Hernandez Community Center Gymnasium had cracked to the
extent that the entire roof system now appears to be in jeopardy of failing. One truss
near the main entry sags several inches due to failure of the wood members and
slippage at the connections. The Community Center and Gymnasium is currently closed
and locked fencing has been installed to preclude public entry into the facility. See
attachments "A" for the project location. Due to the nature of these failures and the
potential for catastrophic failure and impending property damage that would result, the
City has determined the award of this contract will be on an "emergency basis". The
review and award of this contract will therefore be streamlined in the interest of
protecting the City's property resources.
Selected sheets of plans of the building and photographs of the cracked trusses are
posted at the City's Request for Bids web site. The following is a link to the web site:
http://www.ci.san-bernardino.ca.us/services/request for bids/public works/ default.asp
III. MANDATORY PRE-PROPOSAL JOB WALK
Two job walks will be scheduled for prospective proposers for their convenience.
Attendance at a minimum of one of the iob walks is mandatory.
The first will be conducted on Thursdav. December 1. 2011 at 1:00 P.M. and the
second will be Mondav December 5. 2011 at 10:00 am. Prospective proposers should
meet at the entrance to Rudy C. Hernandez Community Center, 222 N. Lugo Avenue,
San Bernardino, CA 92418.
Proposals from firms not on one or the other iob walk si2l1-in roster sheets will not
be accepted.
IV. GENERAL REQUIREMENTS
None
V. SCOPE OF SERVICES
A. DESIGN AND INSTALL TEMPORARY SHORING
(FIRST ORDER OF WORK)
Page 2 of II
I. Contractor shall design and install temporary shoring to support all three failing
trusses. The temporary shoring shall conform to the following requirements:
a. Shoring may consist of braced timbers, metal shoring jacks and/or other suitable
means of support. The distance from the existing floor to the bottom of the
trusses is approximately 25 feet (Proposer shall verify). Access is limited and
the Proposer shall investigate the best means of access before proposing.
b. The existing hardwood flooring shall be protected in place with a minimum of
1- inch thick plywood placed on the floor.
c. The shoring shall be designed and/or approved by the Contractor's Structural
Engineer to provide sufficient load carrying capacity to prevent further sagging
of each of the three trusses. Restoring the sagging members to the original
position is optional at this stage, however, the sagging points will need to be
lifted to their original position at the time of and prior to the permanent repairs.
d. It is preferred that the shoring be installed and left in place during the design
and installation of permanent repairs, unless the Contractor is able to propose a
more efficient method of accomplishing the work while providing the same
temporary protection from failure.
e. The temporary shoring and hardwood flooring protection shall be removed from
the site before acceptance of permanent repairs.
f. Detail design plans are not required for the temporary shoring; however,
sufficient sketches shall be provided to properly convey what is proposed to be
installed and to obtain a building permit from the City Building Official prior to
installation. The Contractor shall obtain design approval from the Engineer
before starting work.
g. A signed and stamped written certification from the Contractor's Structural
Engineer verifYing proper installation and inspection of all temporary shoring
shall be submitted to the City Engineer prior to completion of this phase of
work.
B. DESIGN OF PERMANENT REPAIRS PHASE
a) The Scope of Services for this phase shall include the following:
I. Verification that the original design was or was not adequate.
11. Determination, to the degree possible, of the cause of the distress.
iii. Analysis of a steel column supporting the entry canopy on the west side
of the building which appears to have extensive corrosion damage and
design of a structural repair.
IV. Design of permanent structural repairs for the cracked and split wood
trusses.
Page3 of 11
v. Application for a Building Permit and timely responses to plan review
comments from the City Building Official.
VI. Technical support and/or recommendations during the construction
phase of the Project.
b) Contractor shall prepare the plans and specification and a cost estimate for the
permanent truss repairs and the steel column repairs in conformance with City
of San Bernardino standards. .
c) Plans specification and estimate (PS&E) shall conform to the following design
requirements:
1. The plans shall be prepared at a standard architectural scale on standard 24"
by 36" sheets, using the City of San Bernardino standard title block.
ll. Contractor shall be responsible for all measurements required to accomplish
the work.
lll. The plan shall clearly show the location and type of the proposed
improvements, including but not limited to, details and location of repairs,
types of material to be used, dimensions, details, etc.
h. Specifications shall be prepared in a format acceptable to the City Engineer and
shall be based on the Standard Specifications for Public Works Construction, Latest
Edition, City of San Bernardino Standard Drawings, policies and procedures, and
the California Uniform Building Code (latest approved edition).
1. The plans and specifications shall be signed and sealed by a Structural Engineer
licensed to practice structural engineering in the State of California.
J. Contractor shall meet and confer with City staff during the design phase to resolve
design issues and ensure continuity with City standards and preferences.
k. Contractor shall verify his anticipated construction schedule within I week of
receiving a notice to proceed, indicating the phasing and project timing from start to
submittal of final PS&E and construction. The Contractor shall include one (I) City
plan review estimated to take one (I) week for scheduling purposes.
I. Contractor shall apply for and obtain a Building Permit from the City of San
Bernardino Building Division. The permit shall be obtained prior to start of any
repair work.
Upon completion of this phase work, the City shall have in hand, both an electronic,
and a hard copy of an approved and signed set of completed plans, technical
specifications, quantities, estimates and special provisions including all supporting data,
calculations, permits and other details necessary to complete this project in a format
acceptable to the City.
Page 4 of II
Contractor shall meet with the City as necessary for updates on project progress,
concerns, problems and accomplishments.
C. CONSTRUCTION PHASE.
I. The Construction Phase shall consist of installing repairs to the Rudy C. Hernandez
Community Center Gymnasium in accordance with Plans and Specifications
prepared in the Design of Permanent Repairs Phase.
2. Contractor shall submit construction surety consisting of Payment and Faithful
Performance Bonds based on 150% of the estimated construction costs and shall
conform to Section 2-4, "CONTRACT BONDS", of the Standard Specifications for
Public Works Construction, Latest Edition. The surety bonds shall be underwritten
by a surety company having a rating in Best's most recent Insurance Guide of "A"
or better. Bonds must be issued by a surety who is listed in the latest version of
U.S. Department of Treasury Circular 570 and is authorized to issue bonds in
California
3. After submittal of required bonds, the City shall schedule a pre-construction
conference at which, among other matters, the construction start date and an
estimated completion date shall be established.
4. During construction, all work shall be subject to inspection by the City Building
Official, or designee, as provided by the Standard Specifications for Public Works,
Latest Edition, and shall conform to the plans and specifications as approved by the
City Building Official.
5. Any existing improvements, including the hardwood floor, damaged during
construction shall be restored to a condition equal to or better than the condition
prior to the start of construction.
6. Progress payments for construction will be made monthly based on an estimate of
the work completed during the preceding month. Ten-percent of each progress
payment shall be withheld provided by the Standard Specifications for Public
Works Construction Latest Edition (Standard Specifications).
7. Upon completion of construction and acceptance of the work, the City Engineer
will file a "Notice of Completion" for the project. Completion of construction shall
include filing of all required documents including, but not limited to, certified
payrolls, manufacturer warranties, maintenance requirements, maintenance
schedules and operating manuals, ifany.
8. Please note this is a Prevailing Wage job is required to maintain Certified Payroll
Records and submit them to the City on a weekly basis. Current prevailing wage
rates are available at the California Department of Industrial Relations web site.
9. Holidavs Workin!!: Davs. and Hours: The Contractor's activities shall be
confined to the hours between 8:00 a.m. and 4:00 p.m., Monday through Friday,
excluding holidays, as defined in this section. Deviation from these hours will not
Page 5 of II
be permitted without the prior consent of the Engineer, except in emergencies
involving immediate hazard to persons or property.
10. The Contractor shall coordinate inspections with the Building Department
Inspector 24 hours prior to any work being done.
Designated legal Holidays are: January 1st, the third Monday in January, the third
Monday in February, the last Monday in May, July 4th, the first Monday in
September, November 11th, Thanksgiving Day and the Friday following, December
25th and the working day preceding or following (as directed by the Mayor and
Common Council) and the last working day of the year. When a designated legal
holiday falls on a Sunday, the following Monday shall be a designated legal
holiday. When a designated legal holiday falls on a Saturday, the preceding Friday
shall be designated a legal holiday.
11. Liauidated Dama!!:es.This phase of the work shall be completed within forty-fIve
(45) workin!!: days of receipt ofthe Notice to Proceed with construction. Section 6-
9 of the Standard Specification is hereby modified to read "The Contractor shall pay
to the City of San Bernardino the sum of $500.00 per day for each calendar day
delay in finishing the construction work in excess of the number of working days
prescribed above.
VI. TIME OF PERFORMANCE
A tentative time schedule for selected preliminary items is indicated below. Your
Proposal shall include, at a minimum, your proposed schedule for completion of the
following work items:
Installation of Temporary Shoring
Completion of 90% working drawings/details
Submittal to City Building Official for plan approval.
Commencement of Construction
Completion of Construction
Please note that Community Center gymnasium is currently closed to the public
due to this problem and the City desires a fast track approach for this project.
The following tentative schedule is hereby established:
RFP Issue Date-
First Pre-Proposal Job Walk
Second Pre-Proposal Job Walk
Proposals Due -
Notice of Selection-
Return of Executed Contract by Contractor
November 29,2011
December 1, 2011
December 5, 2011
December 8, 2011
December 12,2011
December 14,2011
Install temporary shoring to be determined by Proposer
. 90% plans & Specs completed/submitted to be determined by Proposer
Final plans & Specs completed/submitted to be determined by Proposer
Page 6 of 11
Commencement of Construction
Construction complete
to be determined by Proposer
to be determined by Proposer
VII. ACCEPTANCE OF AGREEMENT AND PURCHASE ORDER
Tbe successful Proposer will be required to execute an Agreement to provide
professional services to design and install shoring and perform permanent repairs to
cracked and split wood roof trusses at the Rudy C. Hernandez Community Center
Gymnasium located at 222 N. Lugo Avenue, San Bernardino, California. Upon full
execution of the Agreement, a Purchase Order will be issued in accordance with, and
including as a part thereof, the published Request for Proposals, and the RFP
documents including all requirements, conditions and specifications contained therein,
with no exceptions other than those specifically listed in the written Purchase Order.
The Contractor will be required to provide proof of insurance in the amounts specified
in the standard form of Agreement attached hereto. Proof of current San Bernardino
City Business Registration is also required.
VIII. PROPOSAL REQUIREMENTS
A. Four (4) copies of the proposal shall be submitted to the following:
City of San Bernardino
Department of Public Works
Division of Public Works
Attn: Mr. Mark Raab, P.E., Principal Engineer
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Proposals shall be received in hand by this Division up to the hour of 4:00 P.M.
on Thursdav. December 8. 2011.
B. Responsive proposals will include, but not be limited to, the following:
I. Include a cover letter on company letterhead and signed by an officer of
the company submitting the Proposal, designating a Project Manager
and providing all contact information.
2. Responsive proposals will present a Scope of Services that includes at a
minimum the above described services and any other tasks necessary to
achieve completion of design (PS&E) needed for the successful
construction of the proposed improvements.
3. IdentifY the professional, technical and support subcontractors or staff
that will be perfonning the design work associated with the proposed
scope of services. Short resumes may be included, but extensive
resumes should be limited to key personnel only.
Page 7 of II
4. Include a list of any similar projects recently completed by tbe
Contractor, identifying the location, date, agency and contact person
name, address and phone number.
5. Name of sub-Contractors and vendors to be used for specific aspects of
the project, including a summary of previous working arrangements on
similar types of work.
6. Statement of local preference eligibility, including identification of any
office located in tbe City of San Bernardino and tbe number of
employees stationed at the office, tbe number of employees doing
business inside tbe City limits, and a copy of your firm's City of San
Bernardino Business License.
7. A list of any items, actions or information tbe Contractor expects to be
provided by tbe City.
8. Any comments or suggestion tbat the Contractor believes necessary to
improve tbe finished project or to comply witb tbe requirements of this
RFP.
9. Acknowledgement by number and date in the introductory letter to tbe
proposal any and all addenda issued to this RFP.
IX. SELECTION PROCESS
The selection process will be based on lump sum cost and delivery schedule. This
project is being constructed as an emergency repair, and tbe Contractor's estimated
completion for botb temporary shoring installation and permanent truss repair will be a
critical component in tbe selection process for tbe successful Proposer. Overall cost of
repair will also be an important part of the selection process. Proposers are advised that
otber provisions of this contract such as available work hours, available access, etc. are
negotiable.
X. GENERAL
This "Request for Proposal" does not commit tbe City to award a contract, pay any
costs incurred in tbe preparation of a proposal in response to this request, procure or
contract for any services. All proposals submitted in response to this request will
become tbe property of tbe City and may be used by tbe City in any way deemed
appropriate. The City reserves tbe right to accept or to reject, in part or in its entirety,
tbe response to tbe request for proposal if such action is deemed to be in tbe best
interest oftbe City.
Any contract entered into as a result of this proposal shall be considered to include tbe
items of work detailed in tbis proposal unless specifically deleted in the proposal at tbe
request oftbe City.
Page 8 of 11
Clarification can be obtained bye-mailing Michael W. Grubbs, P.E. Project Manager at
grubbs mi@sbcitv.org Please note that responses to inquires will be shared with all
firms invited to propose on this project.
A IT ACHMENTS: Attachment "A" - Location Map
Attachment "B" - Aerial View
Liability/Insurance Requirements
Draft Copy of Agreement for Professional Services
Page 9 of 11
LIABILITY /INSURANCE
REQUIREMENTS
Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during
the life of this Agreement all of the following insurance coverage's:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant shall
obtain and maintain, said E&O liability insurance during the life of this
Agreement and for three years after completion of the work hereunder.
Endorsements. The comprehensive general liability insurance policy 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
additional insureds with respect to this subject project and
contract with City."
(b) Notice: "Said 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."
Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverage's and required endorsements described above, in a
form and content approved by City, prior to performing any services under this
Agreement.
Page 10 of 11
Non-limitina. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
Page 11 of 11
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Ntuleem M/ljllj P.E. -DIRECTOR
300 NDrlh 'V" Slmt
StlII BmIImJiIUJ, CA 92418.()1J()1
909.384.5140
ADDENDUM NO. ONE
TO REQUEST FOR A
DESIGNIBUlLD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A CORRODED METAL
COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
PROPOSAL DUE DATE: MONDAY, DECEMBER 12, 2011
1. The Proposal due date is hereby changed from December 8, 2011 to December 12,
2011.
2. Section V.B, a) i "Design of Permanent Repairs Phase" of this Request for Proposals
is amended as follows:
Currently Reads:
a) .. The Scope of Services for this phase shall include the following:
i, Verification that the original design was or was not adequate n,
Amended to Read:
a) The Scope of Services for this phase shall include the following:
i. The Contractor will be required to retrofit all four (4) trusses to
meet the requirements of the 1976 California Building Code. This
may include replacement of all members except the upper chords.
The bolt holes in the upper chord shall be checked and if holes are
found to be oversized (out of specification) the existing bolts shall
ADDENDUM NO- ONE
Page 1 of 2
Hernandez Community Center Gym TlUlllJ Repair
December 7. 2011
, .
be replaced with larger bolts that are 1/16" smaller than the
existing holes. This work shall be stated and priced as a separate
deletable alternative.
2. Section V.C2. "Construction Phase" is amended as follows:
Currently Reads:
"1. Contractor shall submit construction surety consisting of Payment
and FaithfUl Performance Bonds......"
Amended to Read:
1. Prior to issuance by the City of a Notice to Proceed with construction,
Contractor shall submit construction surety consisting of Payment and
Faithful Performance Bonds......"
A copy of this Addendum will be posted on the City's web site at
http://www.cLsan-bernardino.ca.uslserviceslre<luest for bids/oubHe works
If you have questions regarding this Addendum or concerning the RFP, please contact Mike
Grubbs at (909) 384-5179 or e-mail at grubbs _ mi@Sbcity.org.
ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF TIllS
ADDENDUM NO. ONE IN THE TRANSMITfAL LEITER FOR PROPOSAL FOR TIllS
PROJECT.
BY:
DATE:
ADDENDUM NO. ONE
1'1ge2of 2
Homaodcz Commumty Center Gym T.... llq>ott
Decembc< 7, 2)11
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Addendum No. One AcknowledKement
SPS Inc. acknowledges receipt of Addendum No. One sent by Mark Raab dated
12/7/2011.
Items ofthis addendum have been included in our proposal.
Acknowlet:lged By:
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James W. Murray
CEO - SPS Inc.
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Del:ember 14,2011
City of San Bernardino
Attn: Mark Raab
Dear Mark,
Subject: Rudy C. Hernandez Community Center Truss Repair- 222 N. Lugo, San
Bernardino
As required, a structural engineer shall sign the calculations and drawings at Plump
Engineering, Inc.
Thank you.
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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Mayor and Common Council
FROM:
Henry Ernpefio, Jr., Sr. Deputy City Attorney
DATE:
January 6, 2012
RE:
January 9, 2012 Council Meeting Agenda Item No.8 (C) Resolntion...
Authorizing the Execution of an Agreement to Provide Emergency
Services to Design and Install Temporary Shoring and Permanent Repairs
to Cracked Wooden Trusses and Repairs to a Corroded Metal Column at
the Rudy C. Hernandez Community Center (pR 04-020)
cc:
James F. Penman, City Attorney; Charles McNeely, City Manager; Rachel
Clark, City Clerk; Nadeem Majaj, Director of Public Works; and Robert
Eisenbeisz, City Engineer
On January 3, 2012, the City Attorney's Office received a copy of the attached
memorandwn dated December 21, 2011 from Nadeem Majaj, Director of the Public Works
Department to the City Manager requesting approval of a contract with SPS Inc. to provide
emergency services to design and install temporary shoring and permanent repairs to cracked
wooden trusses and repairs to a corroded metal column at the Rudy C. Hernandez Community
Center. This memo included an unsigned copy of the contract with the request that the City
Attorney approve the contract.
On January 4,2012, I delivered the contract to City Engineer Robert Eisenbeisz with
minor corrections and I called him questioning whether an emergency truly existed, "which
is so urgent as to preclude advance action by the Mayor and Common Council," as required
by SBMC Section 3.04.075. I pointed outto Mr. Eisenbeisz that Mr. Majaj' s memo stated that
the cracked trusses were discovered in September 2011; that the Department did not issue the
RFP until November 29, 2011; and that although the Department received proposals on
December 12, 2011, the City Attorney's office was first contacted on January 3, 2012
regarding this contract. I informed Mr. Eisenbeisz that if an emergency truly existed since
September 2011, an emergency services agreement under 5MBC Section 3.04.075 should have
been provided to the City Manager and the City Attorney as soon as possible. I told Mr.
Eisenbeisz that the four month delay in requesting approval of this agreement raises questions
as to whether an emergency truly exists, which is so urgent as to preclude advance action by
the Mayor and Common Council. Mr. Eisenbeisz informed me that notwithstanding this
~ uJA J?ttM -:(I:g (C-)
F:\EMPENOIMlsc Memos & LetterslMemo to Mayor re Agenda Item No, 8 (C),EmergencySvc,wpd 1 1/1/'1-
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Memo to:
Date:
Page No.
Mayor and Common Council
January 6, 2012
2
delay, he believes that an emergency still existed because the damage to the roof has not
changed and the roof was in danger of falling.
I received the revised and corrected contract from the Department later that day on
January 4,2012, and I was told that the City Manager had previously signed the earlier version
of the contract on December 21,2011. I then requested Mr. Eisenbeisz to place this agreement
on the January 9, 2012 Council Meeting Agenda for ratification of the City Manager's
approval.
On January 5,2012, the City Attorney signed his approval of the revised and corrected
contract as to form and notified the City Manager that this contract was ready for his approval.
Also, on January 5,2012, Mr. Eisenbeisz informed me that Mr. Majaj and the City Manager
discussed this matter and that the City Manager decided that there was not enough time to put
this on Minute Traq for the January 9,2012 Council Meeting Agenda.
Later that day on January 5,2012, the City Attorney's Office placed this item on
Minute Traq on the Agenda for January 9,2012 Council Meeting.
Also attached is a copy of the contract with SPS Inc., which although was uploaded
onto Minute Traq at 5:00 p.m. on January 5,2012, was inadvertently left out of the on-line
Agenda Packet for the January 9,2012 Council Meeting.
Respectfully submitted,
~~fJ,
Henry Empeno, Jr.
Sr. Deputy City Attorney
F:\EMPENOIMisc Memos & LetterslMemo to Mayor re Agenda Item NO.8 (C).EmergencySvc.wpd
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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
N....1f#I/ttI p.I!.-DiDcroa
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lleocimber 21, 2011 c..
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0IIdes E. Mc:Necly, City ~-r ~ :x.
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Nadeem Majlli, Dim:lor ofPublie WOJb _ =1!!!
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Reqaat ter appnwal of. eoDtract wftIa SPS IDe. to proride Emerpaq &...1 II ~
lIIllI Iuta1I T_porary SJaorlq lIIllI P.........t Repajn to CracIred W~ IIld
Repaln to . CeITllded Metal CeI_ at ... Rudy C. IIenaanda CODUJHIIJity Center
(PRI4-02O) In file not-to-exceed __ ofS64,450.
Henry Empeao, Sr. Deputy City Attorney; File No. PR04-02O
To:
From:
SabJed:
Copies:
........--
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In September of 2011, it WIIS cIiscovemI tbat three wooden trusses supporting the roof at the Rudy C.
Hernantlo:z Coaummity Center Gynmaaimn had meked to the extent tbat the entire roof syslem appears to be
in je.:,pa.lIy of .........
The cause of the failure is IIIIknown. In order to address the problem, statl' was directed 10 issue a
DesiguIBuiJd Request foe Proposals (RFP) to stnJeluraI engineering eoDlllltanl3 8Dd c:onlrlIl:ton 10 iDstaIl
k.'IfIU'All shoring and design lIDd insfalI perIIIlIIIeDt repairs. The RFP was issued on Nowmber 29, 201110
eight c:ontractors and was polled on the City's website. Pre-proposal WlJ1ktbrougba were conducted on
December 1,2011 and D<<ember 5, 2011. Attend......e atone oflbe wa1ktbrougbs was .....ndAtnry.
On December 12, 2011, staffm:eived proposals from four eontmclors. The contraetors are as foUows:
Name ofl'ropOlel" City Not-to Exeeed ~t
SPS Inc. Anaheim S 64,450.00
Burrola Ccmstruc:tion, Inc. R""IAntI. S 86.250.00"'
Rivemide Construction Co. Riverside S 102.111.00
PCM Construclion Rancho S 249,523.31
ABid by Burrola was dee1and noa-RSpODSive. due to a -'eJneIIt contBined in their JlIOII08ld as follows:
.....aU work described below fur DMRYQUEENGRJU cl CHlU, ......
The plupoaals WIlle reviewed by Public Works staff and the lowat responsible bidder was determlued 10 be
SPS Inc. This firm is hi&hIy qllllificd and experierx:ed in the repdr of meked 8Dd ~ wood tnIsIIs. A
copy of their proposal and the Request fur DesipI8ui1d ~ is ""IIdJed 10 the City's StaodanI
Agreement. all ofwhich - -""'-I hereto. II .~ ~(c.)
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S:1I3N01NEllRING\)lESKltNII'CA'tII.sHOIlT.fORMaJNTRACI'SI2OlIlSPSl> _ . RIpoIr'" I o..lCM-To - '1I'S
IlIoIp - ""-o...-.it) <lJm.doo
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Requut Ibr apflI'OYIl of CClldlIc:Idh BPS l1Ic. n: &IMDdIz 0yDmI1um Rep8lr
SPS Jac. quoted $59,650 for the besie WOIk needed to desjgn IIIId repair ... ""-rf lruIlIcs aad eonoded
coIanm. In 8ddilioo, BPS loe. quoted 14,800 to comply with the roquh....-l of ~ .1 whlch no(IIhQ
that the truIII bolt holes be cheebd IIIId tbe boltB nlplaced wiIh a Iarpr Bizc lfthe boles arc more thin In6 inch
larger than the exiIdua boJtI. Th.AdBo, the totalllllOUllt of tbe bid ia 164,450; however. the 14,800 wllllIllt be
peid if the bolts do ROt need to be replaecd. The total bucfsct 8II1OUIIt fur the wodr, iIII:lucIIua a 10 pcrceat
eo"':. ,.et~y IlIlOWIf, ia $70,895.
Slaft" has inspected the cadre roof I)'Ifcm lI1d f1.d... ...;""" that the &iIuro ia cnnRnM to tlnc CnIIlIllS __ the
south wall of the huilditlg No fldIurcs _ obeeJwd in any other _ of tile IUllf ...caw...
Cbapler 3.04.075 of the Munieipal Code autborlzcs the City Miu!lIpr to ~te lIpJJIOYBI of _PDC)'
purchases for c:ontractual servic:es elI'-'i'l8 S2.S,OOO, normally requiting IJlIllVYIl of the Ma,or aad Commou
CoIUIciI, whae the pun:hue is so 1UpIIf as to pm:ludc adYllllCe 8Ction by the Mayor aad O.,.,lOR Council,
subject to the rcquimneot that a full explanlJion of the emergency cin:umsJances be filed with the Mayor IIId
Common Council in a JimeIy ..............
The ContnK:Ior has ap:ed to besin installation of emergency temporary sboriug wiJhin seven (7) days ofleCCipt
of a Notic:e to Proceed with ~ary shoring. The permanent repairs arc expected to be OOmJIhted by early
February 2012.
FIn_Dnal fm-
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Two sources of funding have hem idemified fur Ibis projeet An amount of $35,000 ia being taken Jiom CIP
Project No. PR04-02O "Citywide Commuoity Cemer Upgmdes" and the 8IIIOUIIt of$35,19S is being taken fiom
ClP PR04-038 "Ruben Campos Center Renowtion" to comprise the tolal funding need ofS70,895.
Account: 243-160-5504-7441-0025
Balance as ofll-t4-ll: $55.681
Budgeted Amount: $35.000
Balance after approval of this iflm: $20.681
Budgeted Amount: $35.895
Balance after approval of this item: $850.606
Account: 243-160-5504.7495-0005
Balance as ofl2-20-1l: S886.501
Please note this balance does not indicate available fimding. It does not include non-ellClllPlbered recurring
expenses or expenses 11ICJI1'f'ed /nil not yet processed
Reeo..mendatioo
Staff n:eommends that the City Manager sign the attached AgreemeDt, seam: City Attorney's approYlIl "as 10
form," and authorize the Director of rlJlllllCe to issue an emergeney pun:hase onler in the not-fo..cxceed IDIOmt
of $64,450 to SPS IDe. ~ this wort.
~~.
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CYIJl L.
Dkeetor of Parks 8Dd Reereation
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028
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
3 PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
4 SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
5 COMMUNITY CENTER (pR04-020).
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. SPS, Inc. 3000 East Miraloma, Anaheim, CA 92806, is the lowest
9 responsible bidder to provide emergency services to design and install temporary shoring and
10 pennanent repairs to cracked wooden trusses and repairs to a corroded metal column at the Rudy
11 C. Hernandez Community Center (pR04-020). A contract is awarded accordingly to said bidder
12 in a total amount of$64,450.00 with a 10% contingency amount for a total amount of
13 $70,895.00, but such contract shall be effective only upon being fully executed by both parties.
J4 All other bids, therefore, are hereby rejected. The City Manager is hereby authorized and
15 directed to execute said contract on behalf of the City. A copy of the contract is attached hereto
16 as Exhibit "A" and incorporated herein by reference as though fully set forth at length.
17 SECTION 2. That pursuant to this determination the Director of Finance or her designee
18 is hereby authorized to issue an annual purchase order to SPS, Inc. in the amount of $64,450.00
19 for FY 2011-12.
20 SECTION 3. This contract and any amendment or modification thereto shall not take
21 effect or become operative until fully signed and executed by the parties and no party shall be
22 obligated hereunder until the time of such full execution. No oral agreements, amendments,
23 modifications or waivers are intended or authorized and shall not be implied from any act or
~ course of conduct of any party.
2S SECTION 4. The authorization to execute the agreement is rescinded if the parties to
26 the contract fail to execute it within sixty (60) days of passage of this resolution.
27 II I
III
1
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
2 PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
3 SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
4 COMMUNITY CENTER (pR04-020).
5
7 day of
8
9 COUNCIL MEMBERS:
10
MARQUEZ
II
J2 JENKINS
13 BRINKER
0 14 SHORBTI
15
KELLEY
16
JOHNSON
17
J8 MC CAMMACK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereot; held on the
,20-, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
19
20
Rachel Clark, City Clerk
21
The foregoing Resolution is hereby approved this _ day of
.20_.
22
23
24 Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
25 JAMES F. PENMAN
26 City ttomey
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AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (pR04-020)
THIS AGREEMENT is made and entered into effective as of December 21st, 2011
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY''),
and SPS INC. ("CONTRACTOR'').
WITNESSETH:
A. WHEREAS, CTIY proposes to have CONTRACTOR provide Emergency Services to
Design and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and
Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center (pR04-020);
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, CTIY 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, Chapter 3.04.075 of the Municipal Code of CITY authorizes the City
Manager to expedite approval of emergency purchases of contractual services exceeding
$25,000.00, normally requiring approval of the Mayor and Common Council, where the
purchase is so urgent as to preclude advance action by the Mayor and Common Council, subject
to the requirement that a full explanation of the emergency circumstances be filed with the
Mayor and Common Council in a timely manner; and
E. WHEREAS, no official or employee of CTIY 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. SCODe of Services. CONTRACTOR shaIlprovide Emergency Services to Design
and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs
to a Corroded Metal Column at the Rudy C. Hernandez Community Center (pR04-020) in
accordance with Contractor's Proposal dated December 8, 2011 marked Attachment "I" and the
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Request for DesignlBuild Proposals including Addendwn #1 marked Attachment "2"
(hereinafter referred to as RFP) both of which are attached hereto and incorporated herein. The
terms of the RFP shall prevail in case of omissions or conflicts with Attachment "1 ".
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 circwnstances in accordance with sound practices.
The CONTRACTOR shall, before starting work on permanent repairs, obtain a permit
from CITY's Division of Building and Safety and perform all work in accordance with said
Permit.
Where the contract docwnents 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.
CONTRACTOR shall verify the location of all existing facilities that may be affected by
the proposed Emergency Services. Damage to existing facilities 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 repair 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 minimwn 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 web site at http://www.dir.ca.gov/dirdatabases.htmI.
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
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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 actuaI 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:
(I) 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 Construction 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 the City of San Bernardino
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 these entities 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.
1.5 Non-Exclusive Al!l'eement. CONTRACTOR acknowledges that CITY may enter
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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.
2.0. COMPENSATION AND BILLING
2.1 Comoensation. The CONTRACTOR shall be compensated in an amount not-to-
exceed $64,450.00, except that $4,800.00 of said compensation will only be paid if the bolts
require up-sizing in accordance with the RFP.
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
Construction 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 Construction 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 PERFORMANCE
3;1. Commencement and Comoletion of Work. The CONTRACTOR acknowledges
that for this project time is of the essence. The CONTRACTOR agrees to start the work
immediately after receiving Notice to Proceed with Temporary Shoring from the CITY. The
CONTRACTOR agrees to begin installation of the temporary shoring within seven (7) days and
complete installation within fourteen (14) days receipt of said Notice. Further, the
CONTRACTOR agrees to commence construction of permanent repairs within seven (7) days of
receipt of a Notice to Proceed with Construction from CITY and to complete construction within
forty-five (45) days of receipt of said Notice. If the work is not completed within forty-five (45)
working days of receipt of the Notice to Proceed with Construction, the CONTRACTOR shall
pay to the CITY the sum of $500.00 per day for each calendar day delay in finishing the
construction work in excess of the number of working days prescribed above. If the
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CONTRACTOR fails to commence work in a timely manner or fails to pursue work diligently to
completion, the CITY may, at its option, terminate this Agreement.
3.2. Excusable Delays. 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 City 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 inunediately
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 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
5.1. Minimum Scope and Limits of Insurance. CONTRACTOR and all
subcontractors shall obtain and maintain during the life of this Agreement all of the following
insurance coverage:
(a)
Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, and personal injury, with a
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policy limit of not less than One Million Dollars ($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.
(d)
Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Contractor's Structural
Engineer subconsultant shall obtain and maintain, said E&O liability
insurance during the life of this Agreement and for three years after
completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy (policies)
and the automobile liability policy (polices) shall contain or be endorsed to contain the following
provisions:
(a)
Additional insured: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to the subject project and contract with the 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
Bemardino 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.
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o 5.4. Non-limitine:. 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 against liability for
damages to persons or property, notwithstanding any insurance that may cover such damage.
6.0. GENERAL PROVISIONS
6.1. Entire Ae:reement. 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. Reuresentatives. The Director of Public Works 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.
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6.3. Proiect Manae:ers. 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 THE CONTRACTOR:
James W. Murray - CEO
3000 East Miraloma
Anaheim, CA 92806
Tel: 714-632-8333
Fax: 714-632-7131
IF TO THE CITY:
Nadeem Majaj, P.E.
Director of Public Works
300 N. "0" Street, 3n1 Floor
San Bernardino, CA 92418-0001
Tel: 909-384-5140
Fax: 909-384-5190
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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
tenns, 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. Governinl!: 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. Assilmment. 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 assigmnent, 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 assigmnent shall
release CONTRACTOR from CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR under this Agreement for the tenn of this Agreement.
6.8 Indemnification and Hold Harmless. CONTRACTOR shall protect, defend,
indemnify and hold harmless the City of San Bernardino 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
partIy 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. Inde.,pendent 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 its
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 Ownershio 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 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
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liability or legal exposure to CONTRACTOR. CITY shall indemnify and hold hannless
CONTRACTOR from all claims, damages, losses, and expenses, including attomeys' 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. Resoonsibilitv 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 partIy 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 ornission to the sole satisfaction of CITY and shall participate in any meeting required to
carry out the correction.
6.13. Prohibited EmDlovment. CONTRACTOR shall 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 conflict 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 Ri~ts. This Agreement is entered into for the sole
benefit of CITY and CONTRACTOR. No other parties are intended to be direct or incidental
beneficiaries of this Agreement, and no third party shall have any right in, under or to this
Agreement.
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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 8n1biguity 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 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. Severability. 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.
6.22. Counteroarts. 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. Coroorate Authority. 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.
6.24. Damal!:es. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts or in law or in equity.
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AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (PR04-020)
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
and through their respective authorized officers in the year and day first above mentioned.
CITY OF SAN BERNARDINO,
A Municipal Corporation
SPS INC,
CONTRACTOR
By
CHARLES E. MC NEELY, City Manager
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
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December 8, 2011
ATTACHMENT "I"
"l'ui :lj'h:1I ;III' Ih"p_lil I\: R,'illlnreVllkllt <If
(;I.l E-I Ai\lINATED BL\~!S
\\i)()I)IHItH nH'~SES
'"Eb.\!IC R!l:\TOHCDlI ,\'T
Subject: Request for Design/Build Proposal to Install Temporary Shoring
And Permanent Repairs to Cracked Wooden Trusses and Repairs
To a Corroded Metal Column at the Rudy C. Hernandez Community
Center.
Site Address: 222 N. Lugo Ave
San Bernardino, California
issued on: November 29, 2011
Due on:
Thursday, December 8, 2011 At 4:00 pm.
Proposal is being submitted By:
SPS Inc.
3000 E. Mlraloma
Anaheim, California 92806
Contractor Ucense:
Contact:
Project Manager:
Submitted By:
~- t-"\ --")
James W. Murray
SPS Inc. - CEO
;'\;.';"!"" \ii,
B-309472
James W. Murray - CEO
Dan J. Shiner - Vice President
Jeff Hall- Fieid Superintendant
. \,-,,; '-'i,i, :,i" ;j;:I'_'.~:'i\.'(~' if~'hl~ ;":;i:' I,., ,I) 6;' ii;!. (;""1;,)( ,'ld':i,l"1 J!Hi_l,Yil~!
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SCOPE OF SERVIC,"
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(Truss Repairs)
· Provide engineering, calculations and plans for the required repairs.
Plans to be prepared by Richard Plump of Plump Rngineering, Inc.
License #C-052696
· Install temporary wood 6"x6" wood shores at necessary panel points
to support trusses.
· Re-elevate trusses to original height via temporary shoring and 20
tone screw jacks
· Remove and replace damaged webs and fractured lower chords.
· Reinforce all (4) trusses by Rtltling localized rod reinforcement at
every web.
· Potential lower chord reinforcement by installing high strength steel
tension rods from heel to heel on both sides oflower chords.
· (Damaged Steel Column Repair)
· Install temporary shoring to support exterior canopy
. Remove damaged column
. Install new steel column to match.
· Field welding as required for new column installation.
Base Bid:' The total cost to complete the above work is 559,650.
Fifty-nine Thousand Six Hundred and Fifty doUars
Upon award of contract:
Allow 2 weeks for completion of engineering and plans
Allow approximately 2 weeks for construction.
Bid Alternate:
Removal and replacement of possible undersized bolts at upper chord
connections.
o Add $4,800. H Bid Alternate work is required.
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Tentative Schedule:
. Award of contract -
. Execution of contract -
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To be determined.
To be determined.
Install temporary shoring: Within 7 days from contract execution.
Completion of calculations and plans: Within 14 days from contract execution.
Plan review and city approval:
Commencement of Construction:
Completion of construction:
To be determined.
Within 7 days from city approval.
Within 21 days from commencement.
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December 8, 2011
Professional. TechnlClfI ancf SUDDort subcontractors:
(Engineering and plans)
Richard Plump - President
Plump Engineering Inc.
914 E. Katella
Anaheim, California 92805
(714)385-1835
Ucense: C-052696
(Shoring and Truss Repairs)
All work shall be completed by SPS Inc. personnel. Our firm has specialized in the repair and
reinforcement of wood trusses for over 36 years. We have completed hundreds of similar
repairs for past clients.
Key Personnel:
James W. Murray - CEO
Dan Shiner - Vice President
Jeff Hall - Field Superintendant
20 years experience with SPS Inc.
30 years experience with SPS Inc.
28 years experience with SPS Ine.
(Column Removal and Replacement)
SPS Inc. personnel shall install the temporary shoring. remove and replace the damaged
column.
Field Welding:
Sars Portable Professional Certified Welder
Salomon Mercado Ucense # P013274
1427 Dawley Ave.
Vallnda, California 91744
(626)917-2247
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Customer References
Neff Construction Red1ands Unified School District
Contact: David Smith Mission Elementary
Phone (909) 947-3768 Currently in Progress
ParamOlmt Pictures Multiple Stages - Hollywood
Contact: Greg Smith 1980 - Present
Phone (323) 956-8978
0 Boeing - El Segundo Multiple Buildings
Contact: Jack Shannon 1885 - Present
Phone (310) 628-4341
Karney Management Multiple Properties
Contact: AI Drake 1995 - Present
Phone (310) 826-5637
Warner Brothers Global Digital Media Building
Contact: Joe Vasquez 2007-2009
Phone (818) 977-2770
Vons/Safeway Co. Various Stores Southern California
Contact: Neil Madewell 1980 - Present
Phone (626) 821-7829
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ATI'ACHMENT "2"
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Nadeem MIljaJ P.E. - DIRECl'OR
)00 North 'V" Slml
Stm BemtmIituJ, CA 92418-0001
909.384.5140
REQUEST FOR A
DESIGNIBUlLD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND
PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A
CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
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ISSUED ON: NOVEMBER 29, 2011
DUE ON: THURSDAY, DECEMBER 8, 2011 AT 4:00 PM
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I. INTRODUCTION
The City of San Bernardino (City) is soliciting Proposals to design and install
temporary shoring and perform permanent repairs to three (3) cracked and split wooden
roof trusses at the Rudy C. Hernandez Community Center Gymnasium located at 222
N. Lugo Avenue, San Bernardino, California
n. BACKGROUND
In September of 2011, it was discovered that three of four wooden trusses supporting
the roof at the Rudy C. Hernandez Community Center Gymnasium had cracked to the
extent that the entire roof system now appears to be in jeopardy of failing. One truss
near the main entry sags several inches due to failure of the wood members and
slippage at the connections. The Community Center and Gymnasium is currently closed
and locked fencing has been installed to preclude public entry into the facility. See
attachments "A" for the project location. Due to the nature of these failures and the
potential for catastrophic failure and impending property damage that would result, the
City has determined the award of this contract will be on an "emergency basis". The
review and award of this contract will therefore be streamlined in the interest of
protecting the City's property resources.
Selected sheets of plans of the building and photographs of the cracked trusses are
posted at the City's Request for Bids web site. The following is a link to the web site:
http://www.ci.san-bemardino.ca.usIservices/request for bids/public works/default.asD
m. MANDATORY PRE-PROPOSAL JOB WALK
Two job wa1ks will be scheduled for prospective proposers for their convenience.
Attendance at a minimum of one of the iob walks is mandatory.
The first will be conducted on Thursdav. December 1. 2011 at 1:00 P.M. and the
second will be Mondav December S. 2011 at 10:00 am. Prospective proposers should
meet at the entrance to Rudy C. Hernandez Community Center, 222 N. Lugo Avenue,
San Bernardino, CA 92418.
Prooosals from flnns not on one or the other iob walk sin-in roster sheets will not
be acceoted.
IV. GENERAL REQUIREMENTS
None
v.
SCOPE OF SERVICES
A. DESIGN AND INSTALL TEMPORARY SHORING
(FIRST ORDER OF WORK)
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1. Contractor shall design and install temporary shoring to support all three failing
trusses. The temporary shoring shall conform to the following requirements:
a Shoring may consist of braced timbers, metal shoring jacks and/or other suitable
means of support. The distance from the existing floor to the bottom of the
trusses is approximately 25 feet (Proposer shall verifY). Access is limited and
the Proposer shall investigate the best means of access before proposing.
b. The existing hardwood flooring shall be protected in place with a minimum of
1- inch thick plywood placed on the floor.
c. The shoring shall be designed and/or approved by the Contractor's Structural
Engineer to provide sufficient load carrying capacity to prevent further sagging
of each of the three trusses. Restoring the sagging members to the original
position is optional at this stage, however, the sagging points will need to be
lifted to their original position at the time of and prior to the permanent repairs.
d. It is preferred that the shoring be installed and left in place during the design
and installation of permanent repairs, unless the Contractor is able to propose a
more efficient method of accomplishing the work while providing the same
temporary protection from failure.
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e. The temporary shoring and hardwood flooring protection shall be removed from
the site before acceptance of permanent repairs.
f. Detail design plans are not required for the temporary shoring; however,
sufficient sketches shall be provided to properly convey what is proposed to be
installed and to obtain a building permit from the City Building Official prior to
installation. The Contractor shall obtain design approval from the Engineer
before starting work.
g. A signed and stamped written certification from the Contractor's Structural
Engineer verifying proper installation and inspection of all temporary shoring
shall be submitted to the City Engineer prior to completion of this phase of
work.
B. DESIGN OF PERMANENT REPAIRS PHASE
a) The Scope of Services for this phase shall include the following:
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i. Verification that the original design was or was not adequate.
11. Determination, to the degree possible, of the cause of the distress.
iii. Analysis of a steel column supporting the entry canopy on the west side
of the building which appears to have extensive corrosion damage and
design of a structural repair.
IV. Design of permanent structural repairs forthe cracked and split wood
trusses.
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v. Application for a Building Permit and timely responses to plan review
comments from the City Building Official.
vi. Technical support and/or recommendations during the construction
phase of the Project.
b) Contractor shall prepare the plans and specification and a cost estimate for the
permanent truss repairs and the steel column repairs in conformance with City
of San Bernardino standards. .
c) Plans specification and estimate (PS&E) shall conform to the following design
requirements:
i. The plans shall be prepared at a standard architectural scale on standard 24"
by 36" sheets, using the City of San Bernardino standard title block.
ii. Contractor shall be responsible for all measurements required to accomplish
the work.
iii. The plan shall clearly show the location and type of the DrOoosed
improvements, including but not limited to, details and location of repairs,
types of material to be used, dimensions, details, etc.
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h. Specifications shall be prepared in a format acceptable to the City Engineer and
shall be based on the Standard Specifications for Public Works Construction, Latest
Edition, City of San Bernardino Standard Drawings, policies and procedures, and
the California Uniform Building Code (latest approved edition).
i. The plans and specifications shall be signed and sealed by a Structural Engineer
licensed to practice structural engineering in the State of California
j. Contractor shall meet and confer with City staff during the design phase to resolve
design issues and ensure continuity with City standards and preferences.
k. Contractor shall verifY his anticipated construction schedule within I week of
receiving a notice to proceed, indicating the phasing and project timing from start to
submittal of final PS&E and construction. The Contractor shall include one (I) City
plan review estimated to take one (I) week for scheduling purposes.
1. Contractor shall apply for and obtain a Building Permit from the City of San
Bernardino Building Division. The permit shall be obtained prior to start of any
repair work.
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Upon completion of this phase work, the City shall have in hand, both an electronic,
and a hard copy of an approved and signed set of completed plans, technical
specifications, quantities, estimates and special provisions including all supporting data,
calculations, permits and other details necessary to complete this project in a format
acceptable to the City.
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Contractor shall meet with the City as necessary for updates on project progress,
concerns, problems and accomplishments.
C. CONSTRUCTION PHASE.
I. The Construction Phase shall consist of installing repairs to the Rudy C. Hemandez
Community Center Gymnasium in accordance with Plans and Specifications
prepared in the Design of Permanent Repairs Phase.
2. Contractor shall submit construction surety consisting of Payment and Faithful
Performance Bonds based on 150% of the estimated construction costs and shall
conform to Section 2-4, "CONTRACT BONDS", of the Standard Specifications for
Public Works Construction, Latest Edition. The surety bonds shall be underwritten
by a surety company having a rating in Best's most recent Insurance Guide of "A"
or better. Bonds must be issued by a surety who is listed in the latest version of
U.S. Department of Treasury Circular 570 and is authorized to issue bonds in
California
3. After submittal of required bonds, the City shall schedule a pre-construction
conference at which, among other matters, the construction start date and an
estimated completion date shall be established.
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4. During construction, all work shall be subject to inspection by the City Building
Official, or designee, as provided by the Standard Specifications for Public Works,
Latest Edition, and shall conform to the plans and specifications as approved by the
City Building Official.
5. Any existing improvements, including the hardwood floor, damaged during
construction shall be restored to a condition equal to or better than the condition
prior to the start of construction.
6. Progress payments for construction will be made monthly based on an estimate of
the work completed during the preceding month. Ten-percent of each progress
payment shall be withheld provided by the Standard Specifications for Public
Works Construction Latest Edition (Standard Specifications).
7. Upon completion of construction and acceptance of the work, the City Engineer
will file a "Notice of Completion" for the project. Completion of construction shall
include filing of all required documents including, but not limited to, certified
payrolls, manufacturer warranties, maintenance requirements, maintenance
schedules and operating manuals, if any.
8. Please note this is a Prevailing Wage job is required to maintain Certified Payroll
Records and submit them to the City on a weekly basis. Current prevailing wage
rates are available at the California Department of Industrial Relations web site.
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9. Holidavs Workin!! Davs. and Hours: The Contractor's activities shall be
confined to the hours between 8:00 a.m. and 4:00 p.m., Monday through Friday,
excluding holidays, as defined in this section. Deviation from these hours will not
Page 5 of II
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be permitted without the prior consent of the Engineer, except in emergencies
involving immediate hazard to persons or property.
10. The Contractor shall coordinate inspections with the Building Department
Inspector 24 hours prior to any work being done.
Designated legal Holidays are: January 1st, the third Monday in January, the third
Monday in February, the last Monday in May, July 4th, the first Monday in
September, November 11th, Thanksgiving Day and the Friday folIowing, December
25th and the working day preceding or folIowing (as directed by the Mayor and
Common Council) and the last working day of the year. When a designated legal
holiday falls on a Sunday, the folIowing Monday shall be a designated legal
holiday. When a designated legal holiday falls on a Saturday, the preceding Friday
shall be designated a legal holiday.
II. Liauidated Damal!es. This phase of the work shall be completed within fortY-five
(45) workinl! dayS of receipt of the Notice to Proceed with construction. Section 6-
9 of the Standard Specification is hereby modified to read "The Contractor shall pay
to the City of San Bernardino the sum of 5500.00 Der dtu: for each calendar day
delay in finishing the construction work in excess of the number of working days
prescribed above.
VI.
TIME OF PERFORMANCE
A tentative time schedule for selected preliminary items is indicated below. Your
Proposal shall include, at a minimum, your proposed schedule for completion of the
folIowing work items:
Installation of Temporary Shoring
Completion of 90% working drawings/details
Submittal to City Building Official for plan approval.
Commencement of Construction
Completion of Construction
Please note that Community Center gymnasium is currently closed to the public
due to this problem and the City desires a fast track approach for this project.
The following tentative schedule is hereby established:
RFP Issue Date-
First Pre-Proposal Job Walk
Second Pre-Proposal Job Walk
Proposals Due -
Notice of Selection-
Return of Executed Contract by Contractor
November 29,2011
December I, 2011
December 5, 2011
December 8, 2011
December 12, 20ll
December 14, 20ll
Install temporary shoring to be determined by Proposer
. 900/0 plans & Specs completed/submitted to be determined by Proposer
Final plans & Specs completed/submitted to be determined by Proposer
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VII.
Commencement of Construction
Construction complete
to be determined by Proposer
to be determined by Proposer
ACCEPTANCE OF AGREEMENT AND PURCHASE ORDER
.
The successful Proposer will be required to execute an Agreement to provide
professional services to design and install shoring and perform permanent repairs to
cracked and split wood roof trusses at the Rudy C. Hernandez Community Center
Gymnasium located at 222 N. Lugo Avenue, San Bernardino, California. Upon full
execution of the Agreement, a Purchase Order will be issued in accordance with, and
including as a part thereof, the published Request for Proposals, and the RFP
documents including all requirements, conditions and specifications contained therein,
with no exceptions other than those specifically listed in the written Purchase Order.
The Contractor will be required to provide proof of insurance in the amounts specified
in the standard form of Agreement attached hereto. Proof of current San Bernardino
City Business Registration is also required.
VIII. PROPOSAL REQUIREMENTS
A. Four (4) copies of the proposal shall be submitted to the following:
City of San Bernardino
Department of Public Works
Division of Public Works
Attn: Mr. Mark Raab, P.E., Principal Engineer
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Proposals shall be received in hand by this Division up to the hour of 4:00 P.M.
on Thursdav. December 8. 2011.
B. Responsive proposals will include, but not be limited to, the following:
1. Include a cover letter on company letterhead and signed by an officer of
the company subrnitting the Proposal, designating a Project Manager
and providing all contact information.
2. Responsive proposals will present a Scope of Services that includes at a
minimum the above described services and any other tasks necessary to
achieve completion of design (PS&E) needed for the successful
construction of the proposed improvements.
3.
Identify the professional, technical and support subcontractors or staff
that will be performing the design work associated with the proposed
scope of services. Short resumes may be included, but extensive
resumes should be limited to key personnel only.
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4.
Include a list of any similar projects recently completed by the
Contractor, identifying the location, date, agency and contact person
name, address and phone number.
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5. Name of sub-Contractors and vendors to be used for specific aspects of
the project, including a summary of previous working arrangements on
similar types of work.
6. Statement of local preference eligibility, including identification of any
office located in the City of San Bernardino and the number of
employees stationed at the office, the number of employees doing
business inside the City limits, and a copy of your firm's City of San
Bernardino Business License.
7. A list of any items, actions or information the Contractor expects to be
provided by the City.
8. Any comments or suggestion that the Contractor believes necessary to
improve the finished project or to comply with the requirements of this
RFP.
9. Acknowledgement by number and date in the introductory letter to the
proposal any and all addenda issued to this RFP.
o IX. SELECTION PROCESS
The selection process will be based on lump sum cost and delivery schedule. This
project is being constructed as an emergency repair, and the Contractor's estimated
completion for both temporary shoring installation and permanent truss repair will be a
critical component in the selection process for the successful Proposer. Overall cost of
repair will also be an important part of the selection process. Proposers are advised that
other provisions of this contract such as available work hours, available access, etc. are
negotiable.
X. GENERAL
This "Request for Proposal" does not commit the City to award a contract, pay any
costs incurred in the preparation of a proposal in response to this request, procure or
contract for any services. All proposals submitted in response to this request will
become the property of the City and may be used by the City in any way deemed
appropriate. The City reserves the right to accept or to reject, in part or in its entirety,
the response to the request for proposal if such action is deemed to be in the best
interest of the City.
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Any contract entered into as a result of this proposal shall be considered to include the
items of work detailed in this proposal unless specifically deleted in the proposal at the
request of the City.
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Clarification can be obtained bye-mailing Michael W. Grubbs, P.E. Project Manager at
ImIbbs mi@sbcitv.orl! Please note that responses to inquires will be shared with all
firms invited to propose on this project.
ATIACHMENTS:
Attachment "A" - Location Map
Attachment "B" - Aerial View
LiabilitylInsurance Requirements
Draft Copy of Agreement for Professional Services
IF
Page 9 of II
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LIABILITY I INSURANCE
REQUIREMENTS
Minimum Scooe and Limits of Insurance. Consultant shall obtain and maintain during
the life of this Agreement all of the following insurance coverage's:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California.
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(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant shall
obtain and maintain, said E&O liability insurance during the life of this
Agreement and for three years after completion of the work hereunder.
Endorsements. The comprehensive general liability insurance policy 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
additional insureds with respect to this subject project and
contract with City."
(b) Notice: "Said 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."
Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverage's and required endorsements described above, in a
form and content approved by City, prior to performing any services under this
o Agreement.
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Non-Iimitina. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Ntul_ MIIjIrJ 1".E. -DlUCTOII
JOO Nri 'Un S_
SIIIIBmutnIiit., CA. 92418.Q(}()1
909.J84S1/8
ADDENDUM NO. ONE
TO REQUEST FORA
DESIGN /BUILD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A CORRODED METAL
COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
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PROPOSAL DUE DATE: MONDAY, DECEMBER 12, 2011
1. The Proposal due date is hereby changed from December 8, 2011 to December 12,
1011.
1. Section V.B. a) i "Design of Permanent Repairs Phase" of this Request for Proposals
is amended as follows:
Currently Reads:
aJ "The Scope of Services for this phase shall include the following:
i. Verification that the original design was or was not adequate ".
Amended to Read:
a) The Scope of Services for this phase shaD include the following:
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i. The Contractor will be required to retrofit aU four (4) trusses to
meet the requirements of the 1976 California Building Code. This
may include replacement of aU members except the upper chords.
The bolt holes in the upper chord shall be checked and if holes are
found to be oversized (out of specification) the existing bolts shall
ADDBNDUMNO. ON!!
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IIcmandco Community CcnIu o,m 1'lwollqJoir
Decanbcr 7. 2011
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be replaced with larger bolts that are 1/16" smaller than the
existing holes. This work sball be stated and priced as a separate
deletable alternative.
2. Section V.C2. "Construction Phase" is amended as follows:
Currentlv Reads:
"1. Contractor shall submit construction surety consisting of Payment
and Faithfid Performance Bonds ...... "
Amended to Read:
1. Prior to issuance by the City of a Notice to Proceed with construction,
Contractor sball submit construction surety consisting of Payment and
Faithful Perfonnance Bonds.. .. . ."
A copy of this Addendum will be posted on the City's web site at
ht..:/IwwW.ci.san_bomllrdin..-...._Il~-.hwn- for bidstDublic works
If you have questions regarding this Addendum or concerning the RFP, plesse contact Mike
Grubbs at (909) 384-5179 or e-rnall at grubbs _ mi@sbcity.org.
ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF TInS
ADDENDUM NO. ONE IN THE TRANSMITTAL LEITER FOR PROPOSAL FOR TInS
PROJECT.
BY:
DATE:
ADDIlNDIlMNO. ONE
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Addendum No. One Acknowl!dnment
SPS Inc. acknowledges receIpt of Addendum No. One sent by Mark Raab dated
12/7/2011.
Items of this addendum have been included in our proposal.
o Acknowleljged By:
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James W. Murray
CEO - SPS Inc.
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December 14,2011
City of San BemallJino
Attn: Matk Raab
Deaf Mark,
Subject: Rudy C. Hernandez Comnnmity Center Truss ReplIir- 222 N. Luao. San
Bernardino
As required. a structunJI engineer shall sign the calculalioos BOd drawings at Plwnp
EngineeriD& Inc.
Thank you.
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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Mayor and Common Council
FROM:
Henry Ernpefio, Jr., Sr. Deputy City Attorney
DATE:
January 6, 2012
RE:
January 9, 2012 Council Meeting Agenda Item No.8 (C) Resolntion...
Authorizing the Execution of an Agreement to Provide Emergency
Services to Design and Install Temporary Shoring and Permanent Repairs
to Cracked Wooden Trusses and Repairs to a Corroded Metal Column at
the Rudy C. Hernandez Community Center (pR 04-020)
cc:
James F. Penman, City Attorney; Charles McNeely, City Manager; Rachel
Clark, City Clerk; Nadeem Majaj, Director of Public Works; and Robert
Eisenbeisz, City Engineer
On January 3, 2012, the City Attorney's Office received a copy of the attached
memorandwn dated December 21, 2011 from Nadeem Majaj, Director of the Public Works
Department to the City Manager requesting approval of a contract with SPS Inc. to provide
emergency services to design and install temporary shoring and permanent repairs to cracked
wooden trusses and repairs to a corroded metal column at the Rudy C. Hernandez Community
Center. This memo included an unsigned copy of the contract with the request that the City
Attorney approve the contract.
On January 4,2012, I delivered the contract to City Engineer Robert Eisenbeisz with
minor corrections and I called him questioning whether an emergency truly existed, "which
is so urgent as to preclude advance action by the Mayor and Common Council," as required
by SBMC Section 3.04.075. I pointed outto Mr. Eisenbeisz that Mr. Majaj' s memo stated that
the cracked trusses were discovered in September 2011; that the Department did not issue the
RFP until November 29, 2011; and that although the Department received proposals on
December 12, 2011, the City Attorney's office was first contacted on January 3, 2012
regarding this contract. I informed Mr. Eisenbeisz that if an emergency truly existed since
September 2011, an emergency services agreement under 5MBC Section 3.04.075 should have
been provided to the City Manager and the City Attorney as soon as possible. I told Mr.
Eisenbeisz that the four month delay in requesting approval of this agreement raises questions
as to whether an emergency truly exists, which is so urgent as to preclude advance action by
the Mayor and Common Council. Mr. Eisenbeisz informed me that notwithstanding this
~ uJA J?ttM -:(I:g (C-)
F:\EMPENOIMlsc Memos & LetterslMemo to Mayor re Agenda Item No, 8 (C),EmergencySvc,wpd 1 1/1/'1-
.
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Memo to:
Date:
Page No.
Mayor and Common Council
January 6, 2012
2
delay, he believes that an emergency still existed because the damage to the roof has not
changed and the roof was in danger of falling.
I received the revised and corrected contract from the Department later that day on
January 4,2012, and I was told that the City Manager had previously signed the earlier version
of the contract on December 21,2011. I then requested Mr. Eisenbeisz to place this agreement
on the January 9, 2012 Council Meeting Agenda for ratification of the City Manager's
approval.
On January 5,2012, the City Attorney signed his approval of the revised and corrected
contract as to form and notified the City Manager that this contract was ready for his approval.
Also, on January 5,2012, Mr. Eisenbeisz informed me that Mr. Majaj and the City Manager
discussed this matter and that the City Manager decided that there was not enough time to put
this on Minute Traq for the January 9,2012 Council Meeting Agenda.
Later that day on January 5,2012, the City Attorney's Office placed this item on
Minute Traq on the Agenda for January 9,2012 Council Meeting.
Also attached is a copy of the contract with SPS Inc., which although was uploaded
onto Minute Traq at 5:00 p.m. on January 5,2012, was inadvertently left out of the on-line
Agenda Packet for the January 9,2012 Council Meeting.
Respectfully submitted,
~~fJ,
Henry Empeno, Jr.
Sr. Deputy City Attorney
F:\EMPENOIMisc Memos & LetterslMemo to Mayor re Agenda Item NO.8 (C).EmergencySvc.wpd
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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
N....1f#I/ttI p.I!.-DiDcroa
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lleocimber 21, 2011 c..
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0IIdes E. Mc:Necly, City ~-r ~ :x.
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Nadeem Majlli, Dim:lor ofPublie WOJb _ =1!!!
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=:3 ~XJ fT1
Reqaat ter appnwal of. eoDtract wftIa SPS IDe. to proride Emerpaq &...1 II ~
lIIllI Iuta1I T_porary SJaorlq lIIllI P.........t Repajn to CracIred W~ IIld
Repaln to . CeITllded Metal CeI_ at ... Rudy C. IIenaanda CODUJHIIJity Center
(PRI4-02O) In file not-to-exceed __ ofS64,450.
Henry Empeao, Sr. Deputy City Attorney; File No. PR04-02O
To:
From:
SabJed:
Copies:
........--
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In September of 2011, it WIIS cIiscovemI tbat three wooden trusses supporting the roof at the Rudy C.
Hernantlo:z Coaummity Center Gynmaaimn had meked to the extent tbat the entire roof syslem appears to be
in je.:,pa.lIy of .........
The cause of the failure is IIIIknown. In order to address the problem, statl' was directed 10 issue a
DesiguIBuiJd Request foe Proposals (RFP) to stnJeluraI engineering eoDlllltanl3 8Dd c:onlrlIl:ton 10 iDstaIl
k.'IfIU'All shoring and design lIDd insfalI perIIIlIIIeDt repairs. The RFP was issued on Nowmber 29, 201110
eight c:ontractors and was polled on the City's website. Pre-proposal WlJ1ktbrougba were conducted on
December 1,2011 and D<<ember 5, 2011. Attend......e atone oflbe wa1ktbrougbs was .....ndAtnry.
On December 12, 2011, staffm:eived proposals from four eontmclors. The contraetors are as foUows:
Name ofl'ropOlel" City Not-to Exeeed ~t
SPS Inc. Anaheim S 64,450.00
Burrola Ccmstruc:tion, Inc. R""IAntI. S 86.250.00"'
Rivemide Construction Co. Riverside S 102.111.00
PCM Construclion Rancho S 249,523.31
ABid by Burrola was dee1and noa-RSpODSive. due to a -'eJneIIt contBined in their JlIOII08ld as follows:
.....aU work described below fur DMRYQUEENGRJU cl CHlU, ......
The plupoaals WIlle reviewed by Public Works staff and the lowat responsible bidder was determlued 10 be
SPS Inc. This firm is hi&hIy qllllificd and experierx:ed in the repdr of meked 8Dd ~ wood tnIsIIs. A
copy of their proposal and the Request fur DesipI8ui1d ~ is ""IIdJed 10 the City's StaodanI
Agreement. all ofwhich - -""'-I hereto. II .~ ~(c.)
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S:1I3N01NEllRING\)lESKltNII'CA'tII.sHOIlT.fORMaJNTRACI'SI2OlIlSPSl> _ . RIpoIr'" I o..lCM-To - '1I'S
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Requut Ibr apflI'OYIl of CClldlIc:Idh BPS l1Ic. n: &IMDdIz 0yDmI1um Rep8lr
SPS Jac. quoted $59,650 for the besie WOIk needed to desjgn IIIId repair ... ""-rf lruIlIcs aad eonoded
coIanm. In 8ddilioo, BPS loe. quoted 14,800 to comply with the roquh....-l of ~ .1 whlch no(IIhQ
that the truIII bolt holes be cheebd IIIId tbe boltB nlplaced wiIh a Iarpr Bizc lfthe boles arc more thin In6 inch
larger than the exiIdua boJtI. Th.AdBo, the totalllllOUllt of tbe bid ia 164,450; however. the 14,800 wllllIllt be
peid if the bolts do ROt need to be replaecd. The total bucfsct 8II1OUIIt fur the wodr, iIII:lucIIua a 10 pcrceat
eo"':. ,.et~y IlIlOWIf, ia $70,895.
Slaft" has inspected the cadre roof I)'Ifcm lI1d f1.d... ...;""" that the &iIuro ia cnnRnM to tlnc CnIIlIllS __ the
south wall of the huilditlg No fldIurcs _ obeeJwd in any other _ of tile IUllf ...caw...
Cbapler 3.04.075 of the Munieipal Code autborlzcs the City Miu!lIpr to ~te lIpJJIOYBI of _PDC)'
purchases for c:ontractual servic:es elI'-'i'l8 S2.S,OOO, normally requiting IJlIllVYIl of the Ma,or aad Commou
CoIUIciI, whae the pun:hue is so 1UpIIf as to pm:ludc adYllllCe 8Ction by the Mayor aad O.,.,lOR Council,
subject to the rcquimneot that a full explanlJion of the emergency cin:umsJances be filed with the Mayor IIId
Common Council in a JimeIy ..............
The ContnK:Ior has ap:ed to besin installation of emergency temporary sboriug wiJhin seven (7) days ofleCCipt
of a Notic:e to Proceed with ~ary shoring. The permanent repairs arc expected to be OOmJIhted by early
February 2012.
FIn_Dnal fm-
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Two sources of funding have hem idemified fur Ibis projeet An amount of $35,000 ia being taken Jiom CIP
Project No. PR04-02O "Citywide Commuoity Cemer Upgmdes" and the 8IIIOUIIt of$35,19S is being taken fiom
ClP PR04-038 "Ruben Campos Center Renowtion" to comprise the tolal funding need ofS70,895.
Account: 243-160-5504-7441-0025
Balance as ofll-t4-ll: $55.681
Budgeted Amount: $35.000
Balance after approval of this iflm: $20.681
Budgeted Amount: $35.895
Balance after approval of this item: $850.606
Account: 243-160-5504.7495-0005
Balance as ofl2-20-1l: S886.501
Please note this balance does not indicate available fimding. It does not include non-ellClllPlbered recurring
expenses or expenses 11ICJI1'f'ed /nil not yet processed
Reeo..mendatioo
Staff n:eommends that the City Manager sign the attached AgreemeDt, seam: City Attorney's approYlIl "as 10
form," and authorize the Director of rlJlllllCe to issue an emergeney pun:hase onler in the not-fo..cxceed IDIOmt
of $64,450 to SPS IDe. ~ this wort.
~~.
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CYIJl L.
Dkeetor of Parks 8Dd Reereation
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028
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
3 PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
4 SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
5 COMMUNITY CENTER (pR04-020).
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. SPS, Inc. 3000 East Miraloma, Anaheim, CA 92806, is the lowest
9 responsible bidder to provide emergency services to design and install temporary shoring and
10 pennanent repairs to cracked wooden trusses and repairs to a corroded metal column at the Rudy
11 C. Hernandez Community Center (pR04-020). A contract is awarded accordingly to said bidder
12 in a total amount of$64,450.00 with a 10% contingency amount for a total amount of
13 $70,895.00, but such contract shall be effective only upon being fully executed by both parties.
J4 All other bids, therefore, are hereby rejected. The City Manager is hereby authorized and
15 directed to execute said contract on behalf of the City. A copy of the contract is attached hereto
16 as Exhibit "A" and incorporated herein by reference as though fully set forth at length.
17 SECTION 2. That pursuant to this determination the Director of Finance or her designee
18 is hereby authorized to issue an annual purchase order to SPS, Inc. in the amount of $64,450.00
19 for FY 2011-12.
20 SECTION 3. This contract and any amendment or modification thereto shall not take
21 effect or become operative until fully signed and executed by the parties and no party shall be
22 obligated hereunder until the time of such full execution. No oral agreements, amendments,
23 modifications or waivers are intended or authorized and shall not be implied from any act or
~ course of conduct of any party.
2S SECTION 4. The authorization to execute the agreement is rescinded if the parties to
26 the contract fail to execute it within sixty (60) days of passage of this resolution.
27 II I
III
1
lJ,uJ~.fI; (v)
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT WITH SPS INC. TO
2 PROVIDE EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
3 SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN TRUSSES AND
REPAIRS TO A CORRODED METAL COLUMN AT THE RUDY C. HERNANDEZ
4 COMMUNITY CENTER (pR04-020).
5
7 day of
8
9 COUNCIL MEMBERS:
10
MARQUEZ
II
J2 JENKINS
13 BRINKER
0 14 SHORBTI
15
KELLEY
16
JOHNSON
17
J8 MC CAMMACK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a meeting thereot; held on the
,20-, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
19
20
Rachel Clark, City Clerk
21
The foregoing Resolution is hereby approved this _ day of
.20_.
22
23
24 Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
25 JAMES F. PENMAN
26 City ttomey
27
028
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'. .
AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (pR04-020)
THIS AGREEMENT is made and entered into effective as of December 21st, 2011
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY''),
and SPS INC. ("CONTRACTOR'').
WITNESSETH:
A. WHEREAS, CTIY proposes to have CONTRACTOR provide Emergency Services to
Design and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and
Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center (pR04-020);
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, CTIY 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, Chapter 3.04.075 of the Municipal Code of CITY authorizes the City
Manager to expedite approval of emergency purchases of contractual services exceeding
$25,000.00, normally requiring approval of the Mayor and Common Council, where the
purchase is so urgent as to preclude advance action by the Mayor and Common Council, subject
to the requirement that a full explanation of the emergency circumstances be filed with the
Mayor and Common Council in a timely manner; and
E. WHEREAS, no official or employee of CTIY 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. SCODe of Services. CONTRACTOR shaIlprovide Emergency Services to Design
and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs
to a Corroded Metal Column at the Rudy C. Hernandez Community Center (pR04-020) in
accordance with Contractor's Proposal dated December 8, 2011 marked Attachment "I" and the
1J,eJA r~ '<(;~ (c.)
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Request for DesignlBuild Proposals including Addendwn #1 marked Attachment "2"
(hereinafter referred to as RFP) both of which are attached hereto and incorporated herein. The
terms of the RFP shall prevail in case of omissions or conflicts with Attachment "1 ".
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 circwnstances in accordance with sound practices.
The CONTRACTOR shall, before starting work on permanent repairs, obtain a permit
from CITY's Division of Building and Safety and perform all work in accordance with said
Permit.
Where the contract docwnents 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.
CONTRACTOR shall verify the location of all existing facilities that may be affected by
the proposed Emergency Services. Damage to existing facilities 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 repair 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 minimwn 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 web site at http://www.dir.ca.gov/dirdatabases.htmI.
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
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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 actuaI 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:
(I) 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 Construction 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 the City of San Bernardino
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 these entities 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.
1.5 Non-Exclusive Al!l'eement. CONTRACTOR acknowledges that CITY may enter
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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.
2.0. COMPENSATION AND BILLING
2.1 Comoensation. The CONTRACTOR shall be compensated in an amount not-to-
exceed $64,450.00, except that $4,800.00 of said compensation will only be paid if the bolts
require up-sizing in accordance with the RFP.
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
Construction 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 Construction 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 PERFORMANCE
3;1. Commencement and Comoletion of Work. The CONTRACTOR acknowledges
that for this project time is of the essence. The CONTRACTOR agrees to start the work
immediately after receiving Notice to Proceed with Temporary Shoring from the CITY. The
CONTRACTOR agrees to begin installation of the temporary shoring within seven (7) days and
complete installation within fourteen (14) days receipt of said Notice. Further, the
CONTRACTOR agrees to commence construction of permanent repairs within seven (7) days of
receipt of a Notice to Proceed with Construction from CITY and to complete construction within
forty-five (45) days of receipt of said Notice. If the work is not completed within forty-five (45)
working days of receipt of the Notice to Proceed with Construction, the CONTRACTOR shall
pay to the CITY the sum of $500.00 per day for each calendar day delay in finishing the
construction work in excess of the number of working days prescribed above. If the
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CONTRACTOR fails to commence work in a timely manner or fails to pursue work diligently to
completion, the CITY may, at its option, terminate this Agreement.
3.2. Excusable Delays. 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 City 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 inunediately
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 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
5.1. Minimum Scope and Limits of Insurance. CONTRACTOR and all
subcontractors shall obtain and maintain during the life of this Agreement all of the following
insurance coverage:
(a)
Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, and personal injury, with a
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policy limit of not less than One Million Dollars ($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.
(d)
Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Contractor's Structural
Engineer subconsultant shall obtain and maintain, said E&O liability
insurance during the life of this Agreement and for three years after
completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy (policies)
and the automobile liability policy (polices) shall contain or be endorsed to contain the following
provisions:
(a)
Additional insured: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to the subject project and contract with the 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
Bemardino 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.
(i
o 5.4. Non-limitine:. 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 against liability for
damages to persons or property, notwithstanding any insurance that may cover such damage.
6.0. GENERAL PROVISIONS
6.1. Entire Ae:reement. 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. Reuresentatives. The Director of Public Works 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.
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6.3. Proiect Manae:ers. 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 THE CONTRACTOR:
James W. Murray - CEO
3000 East Miraloma
Anaheim, CA 92806
Tel: 714-632-8333
Fax: 714-632-7131
IF TO THE CITY:
Nadeem Majaj, P.E.
Director of Public Works
300 N. "0" Street, 3n1 Floor
San Bernardino, CA 92418-0001
Tel: 909-384-5140
Fax: 909-384-5190
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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
tenns, 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. Governinl!: 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. Assilmment. 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 assigmnent, 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 assigmnent shall
release CONTRACTOR from CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR under this Agreement for the tenn of this Agreement.
6.8 Indemnification and Hold Harmless. CONTRACTOR shall protect, defend,
indemnify and hold harmless the City of San Bernardino 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
partIy 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. Inde.,pendent 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 its
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 Ownershio 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 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
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liability or legal exposure to CONTRACTOR. CITY shall indemnify and hold hannless
CONTRACTOR from all claims, damages, losses, and expenses, including attomeys' 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. Resoonsibilitv 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 partIy 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 ornission to the sole satisfaction of CITY and shall participate in any meeting required to
carry out the correction.
6.13. Prohibited EmDlovment. CONTRACTOR shall 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 conflict 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 Ri~ts. This Agreement is entered into for the sole
benefit of CITY and CONTRACTOR. No other parties are intended to be direct or incidental
beneficiaries of this Agreement, and no third party shall have any right in, under or to this
Agreement.
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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 8n1biguity 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 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. Severability. 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.
6.22. Counteroarts. 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. Coroorate Authority. 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.
6.24. Damal!:es. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts or in law or in equity.
III
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AGREEMENT TO PROVIDE
EMERGENCY SERVICES TO DESIGN AND INSTALL TEMPORARY
SHORING AND PERMANENT REPAIRS TO CRACKED WOODEN
TRUSSES AND REPAIRS TO A CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER (PR04-020)
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
and through their respective authorized officers in the year and day first above mentioned.
CITY OF SAN BERNARDINO,
A Municipal Corporation
SPS INC,
CONTRACTOR
By
CHARLES E. MC NEELY, City Manager
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
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December 8, 2011
ATTACHMENT "I"
"l'ui :lj'h:1I ;III' Ih"p_lil I\: R,'illlnreVllkllt <If
(;I.l E-I Ai\lINATED BL\~!S
\\i)()I)IHItH nH'~SES
'"Eb.\!IC R!l:\TOHCDlI ,\'T
Subject: Request for Design/Build Proposal to Install Temporary Shoring
And Permanent Repairs to Cracked Wooden Trusses and Repairs
To a Corroded Metal Column at the Rudy C. Hernandez Community
Center.
Site Address: 222 N. Lugo Ave
San Bernardino, California
issued on: November 29, 2011
Due on:
Thursday, December 8, 2011 At 4:00 pm.
Proposal is being submitted By:
SPS Inc.
3000 E. Mlraloma
Anaheim, California 92806
Contractor Ucense:
Contact:
Project Manager:
Submitted By:
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James W. Murray
SPS Inc. - CEO
;'\;.';"!"" \ii,
B-309472
James W. Murray - CEO
Dan J. Shiner - Vice President
Jeff Hall- Fieid Superintendant
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SCOPE OF SERVIC,"
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(Truss Repairs)
· Provide engineering, calculations and plans for the required repairs.
Plans to be prepared by Richard Plump of Plump Rngineering, Inc.
License #C-052696
· Install temporary wood 6"x6" wood shores at necessary panel points
to support trusses.
· Re-elevate trusses to original height via temporary shoring and 20
tone screw jacks
· Remove and replace damaged webs and fractured lower chords.
· Reinforce all (4) trusses by Rtltling localized rod reinforcement at
every web.
· Potential lower chord reinforcement by installing high strength steel
tension rods from heel to heel on both sides oflower chords.
· (Damaged Steel Column Repair)
· Install temporary shoring to support exterior canopy
. Remove damaged column
. Install new steel column to match.
· Field welding as required for new column installation.
Base Bid:' The total cost to complete the above work is 559,650.
Fifty-nine Thousand Six Hundred and Fifty doUars
Upon award of contract:
Allow 2 weeks for completion of engineering and plans
Allow approximately 2 weeks for construction.
Bid Alternate:
Removal and replacement of possible undersized bolts at upper chord
connections.
o Add $4,800. H Bid Alternate work is required.
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Tentative Schedule:
. Award of contract -
. Execution of contract -
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To be determined.
To be determined.
Install temporary shoring: Within 7 days from contract execution.
Completion of calculations and plans: Within 14 days from contract execution.
Plan review and city approval:
Commencement of Construction:
Completion of construction:
To be determined.
Within 7 days from city approval.
Within 21 days from commencement.
L',,'JI:' f;"-l ~!iI'~.lLn,~j. ,\;},lhC!lll, (,difolnl;; 9,:~O(). 11{(1\2-;~H) . I<,J\ Ij46~2 l.lI' (;~!h~r:iI C :tltfd(L'r #Hi 3094i2
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December 8, 2011
Professional. TechnlClfI ancf SUDDort subcontractors:
(Engineering and plans)
Richard Plump - President
Plump Engineering Inc.
914 E. Katella
Anaheim, California 92805
(714)385-1835
Ucense: C-052696
(Shoring and Truss Repairs)
All work shall be completed by SPS Inc. personnel. Our firm has specialized in the repair and
reinforcement of wood trusses for over 36 years. We have completed hundreds of similar
repairs for past clients.
Key Personnel:
James W. Murray - CEO
Dan Shiner - Vice President
Jeff Hall - Field Superintendant
20 years experience with SPS Inc.
30 years experience with SPS Inc.
28 years experience with SPS Ine.
(Column Removal and Replacement)
SPS Inc. personnel shall install the temporary shoring. remove and replace the damaged
column.
Field Welding:
Sars Portable Professional Certified Welder
Salomon Mercado Ucense # P013274
1427 Dawley Ave.
Vallnda, California 91744
(626)917-2247
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Customer References
Neff Construction Red1ands Unified School District
Contact: David Smith Mission Elementary
Phone (909) 947-3768 Currently in Progress
ParamOlmt Pictures Multiple Stages - Hollywood
Contact: Greg Smith 1980 - Present
Phone (323) 956-8978
0 Boeing - El Segundo Multiple Buildings
Contact: Jack Shannon 1885 - Present
Phone (310) 628-4341
Karney Management Multiple Properties
Contact: AI Drake 1995 - Present
Phone (310) 826-5637
Warner Brothers Global Digital Media Building
Contact: Joe Vasquez 2007-2009
Phone (818) 977-2770
Vons/Safeway Co. Various Stores Southern California
Contact: Neil Madewell 1980 - Present
Phone (626) 821-7829
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ATI'ACHMENT "2"
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Nadeem MIljaJ P.E. - DIRECl'OR
)00 North 'V" Slml
Stm BemtmIituJ, CA 92418-0001
909.384.5140
REQUEST FOR A
DESIGNIBUlLD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND
PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A
CORRODED METAL COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
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ISSUED ON: NOVEMBER 29, 2011
DUE ON: THURSDAY, DECEMBER 8, 2011 AT 4:00 PM
Page I of II
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I. INTRODUCTION
The City of San Bernardino (City) is soliciting Proposals to design and install
temporary shoring and perform permanent repairs to three (3) cracked and split wooden
roof trusses at the Rudy C. Hernandez Community Center Gymnasium located at 222
N. Lugo Avenue, San Bernardino, California
n. BACKGROUND
In September of 2011, it was discovered that three of four wooden trusses supporting
the roof at the Rudy C. Hernandez Community Center Gymnasium had cracked to the
extent that the entire roof system now appears to be in jeopardy of failing. One truss
near the main entry sags several inches due to failure of the wood members and
slippage at the connections. The Community Center and Gymnasium is currently closed
and locked fencing has been installed to preclude public entry into the facility. See
attachments "A" for the project location. Due to the nature of these failures and the
potential for catastrophic failure and impending property damage that would result, the
City has determined the award of this contract will be on an "emergency basis". The
review and award of this contract will therefore be streamlined in the interest of
protecting the City's property resources.
Selected sheets of plans of the building and photographs of the cracked trusses are
posted at the City's Request for Bids web site. The following is a link to the web site:
http://www.ci.san-bemardino.ca.usIservices/request for bids/public works/default.asD
m. MANDATORY PRE-PROPOSAL JOB WALK
Two job wa1ks will be scheduled for prospective proposers for their convenience.
Attendance at a minimum of one of the iob walks is mandatory.
The first will be conducted on Thursdav. December 1. 2011 at 1:00 P.M. and the
second will be Mondav December S. 2011 at 10:00 am. Prospective proposers should
meet at the entrance to Rudy C. Hernandez Community Center, 222 N. Lugo Avenue,
San Bernardino, CA 92418.
Prooosals from flnns not on one or the other iob walk sin-in roster sheets will not
be acceoted.
IV. GENERAL REQUIREMENTS
None
v.
SCOPE OF SERVICES
A. DESIGN AND INSTALL TEMPORARY SHORING
(FIRST ORDER OF WORK)
Page 2 of 11
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1. Contractor shall design and install temporary shoring to support all three failing
trusses. The temporary shoring shall conform to the following requirements:
a Shoring may consist of braced timbers, metal shoring jacks and/or other suitable
means of support. The distance from the existing floor to the bottom of the
trusses is approximately 25 feet (Proposer shall verifY). Access is limited and
the Proposer shall investigate the best means of access before proposing.
b. The existing hardwood flooring shall be protected in place with a minimum of
1- inch thick plywood placed on the floor.
c. The shoring shall be designed and/or approved by the Contractor's Structural
Engineer to provide sufficient load carrying capacity to prevent further sagging
of each of the three trusses. Restoring the sagging members to the original
position is optional at this stage, however, the sagging points will need to be
lifted to their original position at the time of and prior to the permanent repairs.
d. It is preferred that the shoring be installed and left in place during the design
and installation of permanent repairs, unless the Contractor is able to propose a
more efficient method of accomplishing the work while providing the same
temporary protection from failure.
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e. The temporary shoring and hardwood flooring protection shall be removed from
the site before acceptance of permanent repairs.
f. Detail design plans are not required for the temporary shoring; however,
sufficient sketches shall be provided to properly convey what is proposed to be
installed and to obtain a building permit from the City Building Official prior to
installation. The Contractor shall obtain design approval from the Engineer
before starting work.
g. A signed and stamped written certification from the Contractor's Structural
Engineer verifying proper installation and inspection of all temporary shoring
shall be submitted to the City Engineer prior to completion of this phase of
work.
B. DESIGN OF PERMANENT REPAIRS PHASE
a) The Scope of Services for this phase shall include the following:
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i. Verification that the original design was or was not adequate.
11. Determination, to the degree possible, of the cause of the distress.
iii. Analysis of a steel column supporting the entry canopy on the west side
of the building which appears to have extensive corrosion damage and
design of a structural repair.
IV. Design of permanent structural repairs forthe cracked and split wood
trusses.
Page 3 of 11
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v. Application for a Building Permit and timely responses to plan review
comments from the City Building Official.
vi. Technical support and/or recommendations during the construction
phase of the Project.
b) Contractor shall prepare the plans and specification and a cost estimate for the
permanent truss repairs and the steel column repairs in conformance with City
of San Bernardino standards. .
c) Plans specification and estimate (PS&E) shall conform to the following design
requirements:
i. The plans shall be prepared at a standard architectural scale on standard 24"
by 36" sheets, using the City of San Bernardino standard title block.
ii. Contractor shall be responsible for all measurements required to accomplish
the work.
iii. The plan shall clearly show the location and type of the DrOoosed
improvements, including but not limited to, details and location of repairs,
types of material to be used, dimensions, details, etc.
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h. Specifications shall be prepared in a format acceptable to the City Engineer and
shall be based on the Standard Specifications for Public Works Construction, Latest
Edition, City of San Bernardino Standard Drawings, policies and procedures, and
the California Uniform Building Code (latest approved edition).
i. The plans and specifications shall be signed and sealed by a Structural Engineer
licensed to practice structural engineering in the State of California
j. Contractor shall meet and confer with City staff during the design phase to resolve
design issues and ensure continuity with City standards and preferences.
k. Contractor shall verifY his anticipated construction schedule within I week of
receiving a notice to proceed, indicating the phasing and project timing from start to
submittal of final PS&E and construction. The Contractor shall include one (I) City
plan review estimated to take one (I) week for scheduling purposes.
1. Contractor shall apply for and obtain a Building Permit from the City of San
Bernardino Building Division. The permit shall be obtained prior to start of any
repair work.
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Upon completion of this phase work, the City shall have in hand, both an electronic,
and a hard copy of an approved and signed set of completed plans, technical
specifications, quantities, estimates and special provisions including all supporting data,
calculations, permits and other details necessary to complete this project in a format
acceptable to the City.
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Contractor shall meet with the City as necessary for updates on project progress,
concerns, problems and accomplishments.
C. CONSTRUCTION PHASE.
I. The Construction Phase shall consist of installing repairs to the Rudy C. Hemandez
Community Center Gymnasium in accordance with Plans and Specifications
prepared in the Design of Permanent Repairs Phase.
2. Contractor shall submit construction surety consisting of Payment and Faithful
Performance Bonds based on 150% of the estimated construction costs and shall
conform to Section 2-4, "CONTRACT BONDS", of the Standard Specifications for
Public Works Construction, Latest Edition. The surety bonds shall be underwritten
by a surety company having a rating in Best's most recent Insurance Guide of "A"
or better. Bonds must be issued by a surety who is listed in the latest version of
U.S. Department of Treasury Circular 570 and is authorized to issue bonds in
California
3. After submittal of required bonds, the City shall schedule a pre-construction
conference at which, among other matters, the construction start date and an
estimated completion date shall be established.
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4. During construction, all work shall be subject to inspection by the City Building
Official, or designee, as provided by the Standard Specifications for Public Works,
Latest Edition, and shall conform to the plans and specifications as approved by the
City Building Official.
5. Any existing improvements, including the hardwood floor, damaged during
construction shall be restored to a condition equal to or better than the condition
prior to the start of construction.
6. Progress payments for construction will be made monthly based on an estimate of
the work completed during the preceding month. Ten-percent of each progress
payment shall be withheld provided by the Standard Specifications for Public
Works Construction Latest Edition (Standard Specifications).
7. Upon completion of construction and acceptance of the work, the City Engineer
will file a "Notice of Completion" for the project. Completion of construction shall
include filing of all required documents including, but not limited to, certified
payrolls, manufacturer warranties, maintenance requirements, maintenance
schedules and operating manuals, if any.
8. Please note this is a Prevailing Wage job is required to maintain Certified Payroll
Records and submit them to the City on a weekly basis. Current prevailing wage
rates are available at the California Department of Industrial Relations web site.
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9. Holidavs Workin!! Davs. and Hours: The Contractor's activities shall be
confined to the hours between 8:00 a.m. and 4:00 p.m., Monday through Friday,
excluding holidays, as defined in this section. Deviation from these hours will not
Page 5 of II
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be permitted without the prior consent of the Engineer, except in emergencies
involving immediate hazard to persons or property.
10. The Contractor shall coordinate inspections with the Building Department
Inspector 24 hours prior to any work being done.
Designated legal Holidays are: January 1st, the third Monday in January, the third
Monday in February, the last Monday in May, July 4th, the first Monday in
September, November 11th, Thanksgiving Day and the Friday folIowing, December
25th and the working day preceding or folIowing (as directed by the Mayor and
Common Council) and the last working day of the year. When a designated legal
holiday falls on a Sunday, the folIowing Monday shall be a designated legal
holiday. When a designated legal holiday falls on a Saturday, the preceding Friday
shall be designated a legal holiday.
II. Liauidated Damal!es. This phase of the work shall be completed within fortY-five
(45) workinl! dayS of receipt of the Notice to Proceed with construction. Section 6-
9 of the Standard Specification is hereby modified to read "The Contractor shall pay
to the City of San Bernardino the sum of 5500.00 Der dtu: for each calendar day
delay in finishing the construction work in excess of the number of working days
prescribed above.
VI.
TIME OF PERFORMANCE
A tentative time schedule for selected preliminary items is indicated below. Your
Proposal shall include, at a minimum, your proposed schedule for completion of the
folIowing work items:
Installation of Temporary Shoring
Completion of 90% working drawings/details
Submittal to City Building Official for plan approval.
Commencement of Construction
Completion of Construction
Please note that Community Center gymnasium is currently closed to the public
due to this problem and the City desires a fast track approach for this project.
The following tentative schedule is hereby established:
RFP Issue Date-
First Pre-Proposal Job Walk
Second Pre-Proposal Job Walk
Proposals Due -
Notice of Selection-
Return of Executed Contract by Contractor
November 29,2011
December I, 2011
December 5, 2011
December 8, 2011
December 12, 20ll
December 14, 20ll
Install temporary shoring to be determined by Proposer
. 900/0 plans & Specs completed/submitted to be determined by Proposer
Final plans & Specs completed/submitted to be determined by Proposer
Page 6 of II
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VII.
Commencement of Construction
Construction complete
to be determined by Proposer
to be determined by Proposer
ACCEPTANCE OF AGREEMENT AND PURCHASE ORDER
.
The successful Proposer will be required to execute an Agreement to provide
professional services to design and install shoring and perform permanent repairs to
cracked and split wood roof trusses at the Rudy C. Hernandez Community Center
Gymnasium located at 222 N. Lugo Avenue, San Bernardino, California. Upon full
execution of the Agreement, a Purchase Order will be issued in accordance with, and
including as a part thereof, the published Request for Proposals, and the RFP
documents including all requirements, conditions and specifications contained therein,
with no exceptions other than those specifically listed in the written Purchase Order.
The Contractor will be required to provide proof of insurance in the amounts specified
in the standard form of Agreement attached hereto. Proof of current San Bernardino
City Business Registration is also required.
VIII. PROPOSAL REQUIREMENTS
A. Four (4) copies of the proposal shall be submitted to the following:
City of San Bernardino
Department of Public Works
Division of Public Works
Attn: Mr. Mark Raab, P.E., Principal Engineer
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Proposals shall be received in hand by this Division up to the hour of 4:00 P.M.
on Thursdav. December 8. 2011.
B. Responsive proposals will include, but not be limited to, the following:
1. Include a cover letter on company letterhead and signed by an officer of
the company subrnitting the Proposal, designating a Project Manager
and providing all contact information.
2. Responsive proposals will present a Scope of Services that includes at a
minimum the above described services and any other tasks necessary to
achieve completion of design (PS&E) needed for the successful
construction of the proposed improvements.
3.
Identify the professional, technical and support subcontractors or staff
that will be performing the design work associated with the proposed
scope of services. Short resumes may be included, but extensive
resumes should be limited to key personnel only.
Page 7 of II
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Include a list of any similar projects recently completed by the
Contractor, identifying the location, date, agency and contact person
name, address and phone number.
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5. Name of sub-Contractors and vendors to be used for specific aspects of
the project, including a summary of previous working arrangements on
similar types of work.
6. Statement of local preference eligibility, including identification of any
office located in the City of San Bernardino and the number of
employees stationed at the office, the number of employees doing
business inside the City limits, and a copy of your firm's City of San
Bernardino Business License.
7. A list of any items, actions or information the Contractor expects to be
provided by the City.
8. Any comments or suggestion that the Contractor believes necessary to
improve the finished project or to comply with the requirements of this
RFP.
9. Acknowledgement by number and date in the introductory letter to the
proposal any and all addenda issued to this RFP.
o IX. SELECTION PROCESS
The selection process will be based on lump sum cost and delivery schedule. This
project is being constructed as an emergency repair, and the Contractor's estimated
completion for both temporary shoring installation and permanent truss repair will be a
critical component in the selection process for the successful Proposer. Overall cost of
repair will also be an important part of the selection process. Proposers are advised that
other provisions of this contract such as available work hours, available access, etc. are
negotiable.
X. GENERAL
This "Request for Proposal" does not commit the City to award a contract, pay any
costs incurred in the preparation of a proposal in response to this request, procure or
contract for any services. All proposals submitted in response to this request will
become the property of the City and may be used by the City in any way deemed
appropriate. The City reserves the right to accept or to reject, in part or in its entirety,
the response to the request for proposal if such action is deemed to be in the best
interest of the City.
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Any contract entered into as a result of this proposal shall be considered to include the
items of work detailed in this proposal unless specifically deleted in the proposal at the
request of the City.
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Clarification can be obtained bye-mailing Michael W. Grubbs, P.E. Project Manager at
ImIbbs mi@sbcitv.orl! Please note that responses to inquires will be shared with all
firms invited to propose on this project.
ATIACHMENTS:
Attachment "A" - Location Map
Attachment "B" - Aerial View
LiabilitylInsurance Requirements
Draft Copy of Agreement for Professional Services
IF
Page 9 of II
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LIABILITY I INSURANCE
REQUIREMENTS
Minimum Scooe and Limits of Insurance. Consultant shall obtain and maintain during
the life of this Agreement all of the following insurance coverage's:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California.
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(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant shall
obtain and maintain, said E&O liability insurance during the life of this
Agreement and for three years after completion of the work hereunder.
Endorsements. The comprehensive general liability insurance policy 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
additional insureds with respect to this subject project and
contract with City."
(b) Notice: "Said 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."
Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverage's and required endorsements described above, in a
form and content approved by City, prior to performing any services under this
o Agreement.
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Non-Iimitina. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
Page 11 of 11
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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
Ntul_ MIIjIrJ 1".E. -DlUCTOII
JOO Nri 'Un S_
SIIIIBmutnIiit., CA. 92418.Q(}()1
909.J84S1/8
ADDENDUM NO. ONE
TO REQUEST FORA
DESIGN /BUILD PROPOSAL
TO
DESIGN AND INSTALL TEMPORARY SHORING AND PERMANENT REPAIRS TO
CRACKED WOODEN TRUSSES AND REPAIRS TO A CORRODED METAL
COLUMN AT THE
RUDY C. HERNANDEZ COMMUNITY CENTER
222 N. LUGO AVENUE
SAN BERNARDINO, CALIFORNIA
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PROPOSAL DUE DATE: MONDAY, DECEMBER 12, 2011
1. The Proposal due date is hereby changed from December 8, 2011 to December 12,
1011.
1. Section V.B. a) i "Design of Permanent Repairs Phase" of this Request for Proposals
is amended as follows:
Currently Reads:
aJ "The Scope of Services for this phase shall include the following:
i. Verification that the original design was or was not adequate ".
Amended to Read:
a) The Scope of Services for this phase shaD include the following:
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i. The Contractor will be required to retrofit aU four (4) trusses to
meet the requirements of the 1976 California Building Code. This
may include replacement of aU members except the upper chords.
The bolt holes in the upper chord shall be checked and if holes are
found to be oversized (out of specification) the existing bolts shall
ADDBNDUMNO. ON!!
l'Iplof 2
IIcmandco Community CcnIu o,m 1'lwollqJoir
Decanbcr 7. 2011
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be replaced with larger bolts that are 1/16" smaller than the
existing holes. This work sball be stated and priced as a separate
deletable alternative.
2. Section V.C2. "Construction Phase" is amended as follows:
Currentlv Reads:
"1. Contractor shall submit construction surety consisting of Payment
and Faithfid Performance Bonds ...... "
Amended to Read:
1. Prior to issuance by the City of a Notice to Proceed with construction,
Contractor sball submit construction surety consisting of Payment and
Faithful Perfonnance Bonds.. .. . ."
A copy of this Addendum will be posted on the City's web site at
ht..:/IwwW.ci.san_bomllrdin..-...._Il~-.hwn- for bidstDublic works
If you have questions regarding this Addendum or concerning the RFP, plesse contact Mike
Grubbs at (909) 384-5179 or e-rnall at grubbs _ mi@sbcity.org.
ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF TInS
ADDENDUM NO. ONE IN THE TRANSMITTAL LEITER FOR PROPOSAL FOR TInS
PROJECT.
BY:
DATE:
ADDIlNDIlMNO. ONE
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Addendum No. One Acknowl!dnment
SPS Inc. acknowledges receIpt of Addendum No. One sent by Mark Raab dated
12/7/2011.
Items of this addendum have been included in our proposal.
o Acknowleljged By:
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James W. Murray
CEO - SPS Inc.
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December 14,2011
City of San BemallJino
Attn: Matk Raab
Deaf Mark,
Subject: Rudy C. Hernandez Comnnmity Center Truss ReplIir- 222 N. Luao. San
Bernardino
As required. a structunJI engineer shall sign the calculalioos BOd drawings at Plwnp
EngineeriD& Inc.
Thank you.
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