HomeMy WebLinkAbout2018-2421
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RESOLUTION NO. 2018-242
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT
WITH ANGELUS WATERPROOFING AND RESTORATION, INC., IN THE
AMOUNT OF $462,250 AND AUTHORIZING A CONSTRUCTION CONTINGENCY
IN THE AMOUNT OF $46,225 AND AUTHORIZE THE FINANCE DIRECTOR TO
AMEND FY 2018/19 ADOPTED BUDGET BY CARRYING OVER AND
TRANSFERRING REMAINING FY2017/18 FUNDS FROM ACCOUNT NUMBER
001-090- 0053-5505 IN THE AMOUNT OF $534,000 TO A PROJECT ACCOUNT TO
BE ESTABLISHED, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
SIGN ALL NECESSARY DOCUMENTS, AND AUTHORIZE THE CITY MANAGER
TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE
PROJECT
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Angelus Waterproofing and Restoration, Inc., 17762 Metzler Lane,
Huntington Beach, California 92647 is the lowest responsive responsible bidder for City Hall
Parking Structure Deck Waterproofing per Plan No. 13214. A contract is awarded to said
bidder in a total amount of $462,250 with a contingency amount of $46,225 but such contract
shall be effective only upon being fully executed by both parties. All other bids, therefore, are
hereby rejected. The City Manager or designee is hereby authorized and directed to execute
said contract on behalf of the City. The City Manager or designee is hereby authorized and
directed to execute said contingency not to exceed $46,225 on behalf of the City. A copy of
the contract is on file in the office of the City Clerk and incorporated herein by reference as
though fully set forth at length.
SECTION 2. The Director of Finance is authorized to amend FY 2018/19 adopted
budget by carrying over and transferring remaining FY2017/18 funds from account number
001-090- 0053-5505 in the amount of $534,000 to a project account to be established.
SECTION 3 The Director of Finance is authorized and directed to issue a Purchase Order in
the amount of $462,250 to Angelus Waterproofing and Restoration, Inc. for this work.
1
RESOLUTION NO. 2018-242
1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT
2
WITH ANGELUS WATERPROOFING AND RESTORATION, INC., IN THE
3 AMOUNT OF $462,250 AND AUTHORIZING A CONSTRUCTION CONTINGENCY
IN THE AMOUNT OF $46,225 AND AUTHORIZE THE FINANCE DIRECTOR TO
4 AMEND FY 2018/19 ADOPTED BUDGET BY CARRYING OVER AND
TRANSFERRING REMAINING FY2017/18 FUNDS FROM ACCOUNT NUMBER
5 001-090- 0053-5505 IN THE AMOUNT OF $534,000 TO A PROJECT ACCOUNT TO
6 BE ESTABLISHED, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
SIGN ALL NECESSARY DOCUMENTS, AND AUTHORIZE THE CITY MANAGER
7 TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE
PROJECT
8 SECTION 4. This contract and any amendment or modifications thereto shall not
9 take effect or become operative until fully signed and executed by the parties and no party
10 shall be obligated hereunder until the time of such full execution. No oral agreements,
11 amendments, modifications or waivers are intended or authorized and shall not be implied
12 from any act or course The authorization to execute this contract is rescinded if the parties to
13 the contract fail to execute it and return the fully executed contract to the Office of the City
14 Clerk within sixty (60) days of passage of this Resolution.
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RESOLUTION NO. 2018-242
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT
WITH ANGELUS WATERPROOFING AND RESTORATION, INC., IN THE
AMOUNT OF $462,250 AND AUTHORIZING A CONSTRUCTION CONTINGENCY
IN THE AMOUNT OF $46,225 AND AUTHORIZE THE FINANCE DIRECTOR TO
AMEND FY 2018/19 ADOPTED BUDGET BY CARRYING OVER AND
TRANSFERRING REMAINING FY2017/18 FUNDS FROM ACCOUNT NUMBER
001-090- 0053-5505 IN THE AMOUNT OF $534,000 TO A PROJECT ACCOUNT TO
BE ESTABLISHED, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
SIGN ALL NECESSARY DOCUMENTS, AND AUTHORIZE THE CITY MANAGER
TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE
PROJECT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
5thday of September 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ_
BARRIOS
O_
VALDIVIA_
SHORETT_
NICKEL
RICHARD
MULVIHILL
NAYS ABSTAIN ABSENT
WA
Georgea Hanna, CKk, City Clerk
The foregoing Resolution is hereby approved this 5h day of Se to fifer 2018Z'� G/
� "
R. Carey Davis, or
City of San Ben rdino
Approved as to form:
Gary D. Saenz, City Attorney
3
AGREEMENT
CITY OF SAN BERNARDINO
"Ev KP 27 ! 11 3b
THIS AGREEMENT is made and concluded this 6k day of Sgp+ember , 20 18 ,
between the City of San Bernardino (owner and hereinafter "My"), and Angelus Waterproofing &
Restoration Inc. ( hereinafter "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the CITY, and under the conditions expressed in the bond as deposited with
the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at
the CONTRACTOM own proper cost and expense to furnish all the materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with the conditions and prices stated in the Bid Documents,
the Special Provisions and Conditions and Provisions for Community Development Block Grant
federally -funded projects, in good workmanlike and substantial manner the
CITY HALL PARKING SRTUCTURE
DECK WATERPROOFING
in strict conformity with Plans and Special Provisions No. 13214_, and also in accordance with
Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the
advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer,
Public Works Department, City of San Bernardino, which said Plans and Special Provisions and
Standard Specifications are hereby especially referred to and by such reference made a part hereof.
2. Contractor agrees to receive and accept the prices as set forth in the bid schedule as
full compensation for furnishing all materials and doing all the work contemplated and embraced in
this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of -the
work and for all risks of every description connected with the work; also for all expenses incurred by
or in consequence of the suspension or discontinuance of work, and for well and faithfully
completing the work and the whole thereof, in the manner and according to the Plans and Special
Provisions, and requirements of the Engineer under them.
3. The Contractor herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
contract, nor shall the Contractor or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the selection
of subcontractors, vendees, or employees in the performance of this contract.
CITY HALL PARKING SRTUCTURE
DECK WATERPROOFING
4. City hereby promises and agrees with the said Contractor to employ, and does hereby
employ the said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions above set forth; and the same parties for
themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full
performance of the covenants herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be
any conflict between the terms of this instrument and the bid of said Contractor, then this instrument
shall control and nothing herein shall be considered as an acceptance of said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year
and date first above written.
CONTRACTOR
NAME F FIRM:
By..
TITLE: 00
MAILING ADDRESS:
PHONE NO.:� 9 % 7 7,
NOTE: Secretary of the Owner should attest.
If Contractor is a corporation, Secretary should attest.
CITY OF SAN BERNARDINO
BY: r
ANDREA M. MILLER, City Manager
City of San Bernardino
ATTEST:
GEORGEA HANNA, ity Clerk
APPROVED AS TO FORM:
ARY D. SAENZ, City Attorney