HomeMy WebLinkAbout05.V- Public Works RESOLUTION (ID#2794) DOC ID: 2794 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 12/16/2013
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Vendor Service Agreement and Increase to Annual Purchase Order 2014-793 by
$60,000 for an Amount Not to Exceed $80,000 for FY 13/14 to BHI Plumbing, Heating & Air
Conditioning DBA Reddi Rooter for Construction and Repair of Storm Drains and Sewer Main
Lines City Wide, and Repair of Plumbing in City Buildings. (#2794)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $525,900; $147,400
Account No. 132-400-0094-5502; 001-400-0037-5505
Account Description: Professional/Contractual Services; Other Professional Services
Balance as o£ December 3, 2013 $507,200; $25,960.73
Balance after approval of this item: $457,200; $15,960.73
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 the Resolution.
Synopsis of Previous Council Action:
None.
Background:
1 The Public Works Department, Operations&Maintenance Division, is responsible for repairing
and maintaining storm drains and sewer main lines within City limits. The sewer main lines
require immediate repair when they develop holes or collapse to prevent sewer spills. The
Division also maintains the plumbing in City owned buildings. Many times these types of
repairs are needed on an emergency basis.
Staff solicited quotes from local vendors for repair of the storm drains and sewer main lines. On
September 10, 2013 the Finance Department issued annual Purchase Order 2014-793 to BHI
Plumbing, Heating&Air Conditioning in the amount of$20,000.
Staff is requesting that Purchase Order 2014-793 be increased by a total amount of$60,000.
$50,000 from Account 132-400-0094-5502 -Professional/Contractual Services (Sewer
Enterprise Funds) and $10,000 from Account 001-400-0037-5505 - Other Professional Services
(Facilities Maintenance General Funds). BHI Plumbing, Heating &Air Conditioning is a local
Updated: 12/9/2013 by Jolena E.Grider B I Packet Pg. 399'
5.V
2794
vendor who has provided prompt,reliable service to the City.
Staff recommends that the Mayor and Common Council authorize the execution of a Vendor
Service Agreement and increase Annual Purchase Order 2014-793 by$60,000 for an amount not
to exceed$80,000 for FY 13/14 to BHI Plumbing, Heating&Air Conditioning for the
Construction and Repair and of Storm Drains and Sewer Main Line City Wide, and Repair of
Plumbing in City Buildings.
City Attorney Review:
Supporting Documents:
reso 2794 (PDF)
agrmt 2794 (PDF)
Attachment 1 -Quotes (PDF)
Updated: 12/9/2013 by Jolena E.Grider B Packet Pg.400
5.V.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE
3 AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 2014-793 BY
4 $60,000 FOR AN AMOUNT NOT TO EXCEED $80,000 FOR FY 13/14 TO BHI
PLUMBING, HEATING & AIR CONDITIONING DBA REDDI ROOTER FOR
5 CONSTRUCTION AND REPAIR OF STORM DRAINS AND SEWER MAIN LINES
6 CITY WIDE, AND REPAIR OF PLUMBING IN CITY BUILDINGS.
7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the City Manager of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City a Vendor Service Agreement, a co E
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11 of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully =
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12 as though set forth at length. o
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13 SECTION 2. That pursuant to this determination, the Director of Administrative
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Services or his designee is hereby authorized to increase Annual Purchase Order 2014-793 by
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16 $60,000 for an amount not to exceed $80,000 for FY 13/14 to BHI Plumbing, Heating and Air N
17 Conditioning for construction and repair of storm drains and sewer main lines city wide, and N
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18 repair of plumbing in City buildings. a
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall E
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read, `BHI Plumbing, Heating & Air Conditioning for construction and repair of storm drains
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and sewer main lines city wide, and repair of plumbing in City buildings. Agreement not to
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23 exceed $80,000 for FY 13/14" and shall incorporate the terms and conditions of the
24 agreement.
25 SECTION 4. The authorization to execute the above referenced Purchase Order and
26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
27 passage of this resolution.
28
Packet? 401
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICE
2 AGREEMENT AND INCREASE TO ANNUAL PURCHASE ORDER 2014-793 8Y
$60,000 FOR AN AMOUNT NOT TO EXCEED $80,000 FOR FY 13/14 TO BHI
3 PLUMBING, HEATING & AIR CONDITIONING DBA REDDI ROOTER FOR
4 CONSTRUCTION AND REPAIR OF STORM DRAINS AND SEWER MAIN LINES
CITY WIDE,AND REPAIR OF PLUMBING IN CITY BUILDINGS.
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
8 meeting
thereof,held on the day of ,2013, by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT E
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11 MARQUEZ =
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12 JENKINS
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13 VALDIVIA
14 SHORETT
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VACANT N
16 �-
17 JOHNSON N
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18 MULVIHILL i
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21 Georgeann Hanna, City Clerk Q
22 The foregoing resolution is hereby approved this day of 2013.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
28 By:
P ,_
5.V.b
VENDOR SERVICE AGREEMENT BETWEEN BHI PLUMBING,HEATING&AIR
CONDITIONING DBA REDDI ROOTER AND THE CITY OF SAN BERNARDINO
This VENDOR Service Agreement is entered into this 16th day of December, 2013,
by and between BHI Plumbing, Heating & Air Conditioning DBA Reddi Rooter("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 acquire services for construction and repair of storm c
drains and sewer main lines City wide, and repair of plumbing in City buildings and; E
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available m
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VENDORs for such construction and repair of storm drains and sewer main lines City wide, a
and repair of plumbing in City buildings; and
WHEREAS, VENDOR is the lowest bidder to provide said materials to City; and
NOW,THEREFORE,the parties hereto agree as follows: N
1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of 0
VENDOR to provide those products and materials as set forth in quote dated April 2, 2012, a
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copy of which is on file in the Public Works Department and is attached hereto as Attachment w
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"1"and incorporated here 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$80,000 for FY 13/14 for construction and
repair of storm drains and sewer mainlines City wide, and repair of plumbing in
City buildings.
Exhibit"A"
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b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from December 16, 2013 through June 30,2014.
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. c
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, a
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from y injury, including death, or property damage, based or y
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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 n
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or E
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representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at
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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
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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 parry claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
Exhibit"A"
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
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to any change in or termination of the policy. a
b. NON-DISCRIMINATION. m
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4.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, `;
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the a
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.
Exhibit"A"
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
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TO THE CITY: Public Works Director a
300 North"D" Street =
San Bernardino, CA 92418 00
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Telephone: (909)384-5140 p
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TO THE VENDOR: BHI Plumbing,Heating& Air Conditioning a
337 W 40`x' Street
San Bernardino, CA 92407 =
Telephone: (909) 883-8827
Contact: Brian Henley N
9. ATTORNEYS' FEES. ti
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In the event that litigation is brought b an E
g g y y party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of Y
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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
Exhibit"A"
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voie
and shall constitute a breach of this Agreement and cause for the termination of thi�
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.
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 ofSan
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Bernardino, State of California or the U.S. District Court for the Central District of California, 6-
Riverside Division. The aforementioned choice of venue is intended by the parties to be 0
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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.
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement *E'
and their respective heirs,representatives, successors, and assigns,
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14. HEADINGS. E
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
Exhibit"A"
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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
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit"A"
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VENDOR SERVICE AGREEMENT
BETWEEN BHI PLUMBING,HEATING & AIR CONDITIONING 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 BHI PLUMBING, HEATING&AIR
CONDITIONING
By:
Its:
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Dated , 2013 CITY OF SAN BERNARDINO T
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By: o
Allen J. Parker, City Manager a.
Approved as to Form: N
Gary D. Saenz, City Attorney L
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By: ti
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Exhibit "A"
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BHI Plumbbig I Jeating&Air Cotlditioning •Estimate mae
337 W. 40th Street Estimate
Sail BePflarditlO,CA 92407 Date Estimate#
!'hone(909)883-852.7 Fax(909)881-2057 8/1/2013 164502
License#776658
City of San Bernardino Scwer Department
300 North D.Sheet
Safi Bernardino,CA
Atten:John E
Customer Phone Customer Fax P.Q.No. Terms ERep Due Upon Completion p
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Description Total a
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A'T"I'1"sN:handy Noltb and John Van 1lavern7aat N
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BI-11 will provide equipment,n7arcrials,traffic control tint[haul away all debris to repair at Blur different locations catch v
basins and(train inlets.
Location 111:
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1?ennsylvariia and Virginia:S3500.00 V
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1.mCiitfin7 1-12; �
8th and 1.Street:$8500.00 p
Location Ili: d,
2nd and K.Street:S3500.00 r-
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Location 1-14: a7
3rd and Mt.View:$2800.00
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TERMS.,PAYMITNT I.S UUIi UPONR1sCE1PT A 77N,4NCIs`CIIARGE will he computed oil IJre unpaid helrinve/v a single pal iodi0 rate-(Y1 112%
Par MOW&WhieJ)is lin ANAVAL 1'IsRCJ NYA(;Ej?1 A1'I ()1�18yoo, ,U)jdal'the Mccherni"'Lien Letts,jGdifrrnia(:i)de f c.i1,i1 Pr•ncedill-e,.Section
1181 et seq.)cow coil)�uanr suhce)urarhir,/almrer,.sillyke).oi•0/17(:1•pel:1'0n 7Y110 helps to inrprOVe your prnperlP but fs aril paid fist Iris 7i 0rk Or
supplier;has a rilrlrt to c lf(bl ce a claim agetinst your preperty"• 77ris rucenc th(n,ajter cr cOru t Irertriug,your prO1r(:rty cerdrl he sold by a court
q1 and r11(1)1'(leeellS(7jthe sale uxed.to sevj.sf y the hidebinexs. TIris cal,Irrrppen even?jyou have pair/y0m'Own c0)uraclor i i frill,ijtlw
subcolrtravlor,laborer 01'su)slier r•c:n7erills•rin paid.
Iota 1 $0.00
To Accept'this Proposal Sign t•iere Signature
Packet Pg.410
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CONTRACTORS,INC.
E L 1995 Nolan Street,San Bernardino,CA 92407•Telephone(909)887-2610 or 887-1013•Fax(909)880-9091
P.O.Box 9130 San Bernardino,CA 92427
TO: Name City of SB-Public Works Dept PROJECT: Catch Basins&Drain Inlet
City
Addresf00 N "D"Street LOCATION:
Drains-Repairs
San Bernardino,CA 92418
DATE:----,8/V2L13 ATTEN: Randy Nnlfn TELEPHONE: —_... -
We propose to furnish Labor & Material to perform the work hereafter specified.
Location 1-Pennsvivania& V_ira_inia
i Catch Basin Repair 8 1 559.00
2 Asphalt Repair 1250.00 =
3 Traffic Control 5Q0--00 E
SubTotal: 1.0,309.00 a
Location 2-8th&i Street m
1 Drain Inlet Repair 81955.00 °
2 Asphalt Repair O
1,250.00 tL
3 Traffic Control 500.00 m
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SubTotal: 7.0,705.00 d
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j Location 3-2nd&KStreet =
1 Catch Basin Repair 8,517.00 d
2 Asphalt Repair 1,250.00
3 Traffic Control
500.00 y
SubTotal: 10,267.00
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Location 4-3rd&Mt.View d
NOTE: Catch Basin Repair 7,089.00
2 Asphalt Repair 1,2510.00 d
3 Traffic Control 500.00 E
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SubTotal: 8,839.00
GRAND TOTAL: 40,120.00 Q
Note: If permits are needed add$3,000.00 to the total.
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1. Permits & Inspection fee by others. E
2. Engineering & Staking by others.
3. Construction water io be furnished &paid for by others. *°•
4. All work completed by the 25th of each month is due and payable on the 10th of the following month. Q
5. Final billings will be based on actual measurements of work at the above prices.
General conditions, on the reverse side, are an Integral part of the agreement.
ACCEPTED: John Wiles,Sec/Gen.Mgr. EL-CO CONTRACTORS, INC.
8Y:
STATE LICENSE NO. 317093
DATED: BY:
$ION AND RETURN OR15 NAL COPY.
Packet P4;411 rv_
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TK CONSTRUCTION
P.O.ROX 9408,SAN 13ERNARDINO,CA 92427
(909)473-8739
Fax(909)473-3067
License.//811801
PROPOSAL
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PROPOSAL SI]BM1'I" ED TO: ;Page No. of 2
;C'onrpany Name; .:C:il.y ol'San 13enw-dino ;Date: Tuesday,.luly 30,2013
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?Affention of: ;Randy Nolfo t
'Adorers: :300 North D sit,W.V. Pro,lect Name: IC:atch Basin repair I
!City/State/'Lip 'San Bernardino,CA 92418 Project Number- 13N
113 073()b
h-ojcet.Address: +Various locations
]Phone#: 11-909-384-5045 City/State I Lip iSan Benrtu'dino,CA
Fax 11: 1-909-384-7239 !
C�.rnaii: nalfo_ra@sbcity.org David icing a
'Phis proposal is based on: Regular Wttge>s m
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We Ircrc:by submit an estimate for: O
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itvtrr iPiYJ�CCI t)LtiCI'll)ilAii.. Sub=l clot j
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Repair catch basins per-detail sheets pt-ovided b Rand Nolfo,4 locations.
� 1 39 300.00 � —
Work to be done in one mobiIi7tltion. �t
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Proposal l'otal: $39,300.00
Packet Pg.412
Projeci.tiuml.mer: 13N 13 0730 b Page.No. 2 of 2
Project Exelusions and Inclusions,
Yes No
Yes No i
compaction Testing: x (Asphalt Repair: x i
cEnviromnental Testing x iConcrete Repair: X.
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Soil'Testing: 1 x ishoring: i x
11'ettnits: x As Built Drawing,,: x
!1 raffic Control Plan: x Construction Water: x
![ingiacered'rramc Plan x Surveying: x
WPCI': Storm water Plan i x Construction Bond: ' x
-SWI'I'P: Storm water Plan j x Project Fence: Y
i BMP Plan: 1 =
x Portable Restroom: 1 ! x
FRock Removal: x �Geological'Test.ing: 1 x
Export Of'Spoils: x Wcekcnd Work:
[3acteriological Testing; x Ovcrtinme: ( x
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Pr'aject Specific Notes: i °-
1Permits are to be no fee. m
No storm water pollution prevention:pr-ograrn.I3M�I's will be ptx�vicled. o
No soil testing or covironmental testing. O
I Work to be donc.in.one mobilization. a.
* ;No hazatrdotts waste reruovnl. w
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.Not inluded:iraificloops,ptmrmanermt paving,striping, d
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1"celnical-S?ecs Dated: Site mcctin with Rand .Nolro
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Plans dated:
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We hemby propose to:furnish labor-complete in accordance with the above specifications,for die stilt of
771ir(y Mille't.Ytvusartd'I'ln ec'llturclr'ecX 1.)<t/lcxr.c rrrtrl lcr cr Owts $39,300.00
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with payments to be made.as follows:
Payment to be trade upon unnpletion of.proicct
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All material is gt.raranteccl to be as specified. A.II work to bc;cotnplctecl in a worktmmanlike manner acctim•dirtg to
standard practices. Any alteration or deviation from above specifications.involving extra costs will be executed °1
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only upon written orders,and will become an extra charge over and above the estimate. All agreements
contingent upcan strikes,accident or delays beyond our coWrol. This wopOsal suUject:to acceptance within 30
days and it is void Ibereafter at the option of'tlie undersigned. _ Q
Autliorired S.igntttruc _..-. _.._�
ACCT PTANCL OF PR006$Al,
The above prices,specifications and conditions are.hereby accepted. You are authorized to do[lie work as
specified. Payment will be made as outlined above.
ACCEPTED: SIGNATURE"
SIGNATURF"
Packet Pg.413 _