HomeMy WebLinkAbout2013-283 RESOLUTION NO. 2013-283
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH CCS
3 CONTRACTORS FOR EMERGENCY REPAIRS AND RENOVATION SERVICES
4 TO THE CAT ROOM AT THE SAN BERNARDINO CITY ANIMAL SHELTER AND
AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
5 INCREASE THE CURRENT EMERGENCY PURCHASE ORDER
6 WHEREAS, CCS Contractors was retained initially due to an emergency involving
7 the ventilation in the cat room at the Animal Shelter;
8
WHEREAS, additional costs have arisen that were not incorporated into the initial
9
costs relating to the emergency at in the cat room;
10
11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
12
13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
14 to execute on behalf of said City an Agreement for Services between the City of San
15
Bernardino and CCS Contractors, a copy of which is attached hereto, marked Exhibit A, and
16
17 incorporated herein by this reference as fully as though set forth at length.
18 SECTION 2. That pursuant to this determination the Director of Administrative
19 Services or his designee is hereby authorized to increase the current emergency purchase
20 order from $28,860.00 to $31,300.00.
21
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24
25 ///
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27 ///
28
2013-283
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH CCS
2 CONTRACTORS FOR EMERGENCY REPAIRS AND RENOVATION SERVICES
TO THE CAT ROOM AT THE SAN BERNARDINO CITY ANIMAL SHELTER AND
3 AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
4 INCREASE THE CURRENT EMERGENCY PURCHASE ORDER
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 7rhday of 0rtnhar , 2013, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT
15
KELLEY x
16
17 JOHNSON x
18 MCCAMMACK x
20 Georgtnn Hanna, rty Clerk
21
The foregoing resolution is hereby approved this day of October , 2013.
22
23
24 'c J. Morris, r
of San Bernardino
25
Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 By: 1 -.
I
2013-283
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7thday o gctobe2013, b y and
between CCS Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the upgrade of the ventilation system in the
cat shelter at 333 Chandler Street and;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available
vendors for upgrade of the ventilation system in the cat shelter at 333 Chandler Street; and
WHEREAS, Vendor is the lowest bidder to provide said services to City;
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services, including but not limited to repair and
renovation of the cat shelter ventilation with accompanying engineering, as further set forth in
Attachment"1" and Attachment"2"which are incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$31,300 for the upgrade of the ventilation
system in the cat shelter at 333 Chandler Street.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from , 2013 through June 30, 2014.
Exhibit"A"
1
2013-283
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Exhibit"A"
2
2013-283
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
///
Exhibit"A"
3
2013-283
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: CCS Contractors
2493 Marsha Court
Riverside, CA 92506
Telephone: 951-836-0698
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
///
Exhibit"A"
4
2013-283
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
Exhibit"A"
5
2013-283
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
VENDOR SERVICE AGREEMENT
BETWEEN CCS CONTRACTORS, INC. AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: , 2013 CCS CONTRACTORS, INC.
By:
Its:
Dated , 2013 CITY OF SAN BERNARDINO
By:
Allen J. Parker, City Manager
Approved as to Form:
James F. Penman, City Attorney
By: ��. .
Exhibit"A"
6
2 0 1 3-2 8 3 •
COS Contractors CARTER ..„..4_,,an,c „
-Engineering
MECHANICAL ENGINEERING -Ge.-lentic'ontractor.
Serving Southern California Since 1980
BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. D' Street
San Bernardino, Ca, 92408
SERVICE E. CONTRACT
Invoice Number:
P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter
Verbal COD RM Hand Carried Bestway
Quantity Item Code Description Price Each Amount
ENGINEERING FOR CAT SHELTER AT 333 CHANDLER ST.
Phase 1 None SUBJECT; VENTILATION UPGRADE
AS AGREED,
LAYOUT
SHOP DRAWINGS FOR THE FIELD LOT $2,440.00
AUTO CADD M-SHEETS
SUBMITTALS
ENGINEERING/ARCHITECWAL STAMP
SUBTOTAL $2,440.00
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc
TOTAL $2,440.00
2493 Marsha Ct. N HVAC I LICENSE#:387513,C20,C43,C38, B
Riverside,CA 92506
Tel:(951)836-0698 ATTACHMENT "1"
Fax: (951)824-7522
2013-283
CCU Contractors
CARTER NIe` l`
h��, aI
)rnaai�eeri �,
MECHANICAL j F ■GINEERING GERERA, -Genelalc-ontrartos
Serving Southern California Since 1980
X
BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. 'D' Street
San Bernardino, Ca. 92408
SERVICE ❑ CONTRACT
Invoice Number:
P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter
Verbal COD RM email Bestway
Quantity Item Code Descriptio i Price Each Amount I
CONSTRUCTION IMPROVEMENTS FOR UPGRADED
VENTILATION SERVING CAT SHELTER AT 333 CHANDLER
ST.
(lot) None SUBJECT; VENTILATION UPGRADE,
INCLUDING NEW EF-1 AND OTHER IMPROVEMENTS PER
PROPOSAL DATED 08/20/2013 AND REVISIONS AS
DIRECTED BY OWNER PER THEIR REQUEST.
AS AGREED.
Date August 20, 2013.
Payments to be initiated once a week per progression of LOT $28,860.00
Project until all totals have been noted.
SUBTOTAL 28,860.00
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc. N I HVAC I LICENSE#: 387513,C20,C43,C38,B
TOTAL $28,860.00
2493 Marsha Ct. ATTACHMENT "2"
Riverside, CA 92506
Tel: (951)836-0698
Fnv. /QM\R7d777
2013-283
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7thday of ctobe, f013, by and
between CCS Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the upgrade of the ventilation system in the
cat shelter at 333 Chandler Street and;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available
vendors for upgrade of the ventilation system in the cat shelter at 333 Chandler Street; and
WHEREAS, Vendor is the lowest bidder to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services, including but not limited to repair and
renovation of the cat shelter ventilation with accompanying engineering, as further set forth in
Attachment"1" and Attachment"2" which are incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $31,300 for the upgrade of the ventilation
system in the cat shelter at 333 Chandler Street.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from , 2013 through June 30, 2014.
Exhibit"A"
1
2013-283
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Exhibit"A"
2
2013-283
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
///
Exhibit"A"
3
2013-283
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: CCS Contractors
2493 Marsha Court
Riverside, CA 92506
Telephone: 951-836-0698
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
///
Exhibit"A"
4
2013-283
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
Exhibit"A"
5
•
2013-283
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
VENDOR SERVICE AGREEMENT
BETWEEN CCS CONTRACTORS,INC. AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: /D , 2013 CCS CONTRACTORS, C.
By: 91/4161 ./4
Its: Ief'wieS S • ree_.
Dated , 2013 CITY OF SAN B RNARDINO
By: f ,
A11,, J. Parker, City Manager
Approved as to Form:
James F. Penman, City Attorney
By: LA.— _
Exhibit"A"
6
2 0 1 3-2 8 3
CCS Contractors _ I+atanicA
CARTER Engir (-ring
MECHANICAL ENC:INEEr-ING • GeAeral Contractor
Serving Southern California Since 1980
BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. D' Street
San Bernardino, Ca. 92408
SERVICE E. CONTRACT
Invoice Number:
P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter
Verbal COD RM Hand Carried Bestway
---
Quantity Item Code Description Price Each Amount
ENGINEERING FOR CAT SHELTER AT 333 CHANDLER ST.
Phase 1 None SUBJECT; VENTILATION UPGRADE
AS AGREED,
LAYOUT
SHOP DRAWINGS FOR THE FIELD LOT $2,440.00
AUTO CADD M-SHEETS
SUBMITTALS
ENGINEERING/ARCHITECTUAL STAMP
SUBTOTAL $2,440.00
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc
2493 Marsha Ct. N TOTAL $2,440.00
HVAC I LICENSE#:387513,C20,C43,C38, B
Riverside,CA 92506
Tel:(951)836-0698 ATTACHMENT "1"
Fax: (951)824-7522
2013-283
• CCS Contractors
Ie<hanical
-Fri eral o
MECHANICAL { ENGINEERING ' GENEPA: GenerilC-ontractnrs
Serving Southern California Since 1980 l��tit?
X
BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. 'D' Street
San Bernardino, Ca. 92408
SERVICE El CONTRACT
Invoice Number:
P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter
Verbal COD RM email Bestway
Quantity Item Code Descriptioi Price Each Amount
CONSTRUCTION IMPROVEMENTS FOR UPGRADED
VENTILATION SERVING CAT SHELTER AT 333 CHANDLER
ST.
(lot) None SUBJECT; VENTILATION UPGRADE,
INCLUDING NEW EF-1 AND OTHER IMPROVEMENTS PER
PROPOSAL DATED 08/20/2013 AND REVISIONS AS
DIRECTED BY OWNER PER THEIR REQUEST.
AS AGREED.
Date August 20, 2013.
Payments to be initiated once a week per progression of LOT $28,860.00
Project until all totals have been noted.
SUBTOTAL 28,860.00
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc. N I HVAC I LICENSE#: 387513,C20,C43,C38, B
TOTAL $28,860.00
2493 Marsha Ct. ATTACHMENT "2"
Riverside,CA 92506
Tel: (951)836-0698
• \R94-7F77