HomeMy WebLinkAbout24-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and
purchase order in the amount of
$199,200.00 between the City of San
Bernardino and Guzman Construction
Company for the repair of sidewalks,
curbs, gutters and cross gutters at
various locations throughout the City of
San Bernardino.
Dept: Public Services
Date: March 12,2007
Meeting Date: April 2, 2007
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution
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Contact person: Ken Fischer, Director
Supporting data attached: Staff Report
Resolution, Agreement
FUNDING REQUIREMENTS:
Phone: 5140
Ward: All
Amount: $199,200.00
Source: FY 06-07
Account Number 001-406-
5505 $64,800.00; 001-
402-5502 $35,200.00;
126-369-5504-7534
$74,200.00; 132-431-
5505-7585 $25,000.00
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $199,200.00 with a one-year extension at the City's option between the City
of San Bernardino and Guzman Construction Company for the repair of sidewalks,
curbs, gutters, and cross gutters at various locations throughout the City of San
Bernardino.
Background:
On November 16, 2005 a formal bid process was initiated to solicit bids for repairs of
damaged curbs, driveways, gutters, and sidewalks. Guzman Construction submitted the
lowest bid and a purchase order was approved for the repairs to the infrastructure. The
contract has two (2) single year renewal options. Public Services Department would
like Council to approve the first option for FY 06-07. The option also has an adjustment
to the current pricing structure not to exceed five (5) percent. However, Guzman is not
requesting an increase to the pricing of the services this year as stated in the attached
letter. Some of the curb, gutter and sidewalk work that will be accomplished under this
contract are in the following areas.
SIDEWALKS, CURBS, GUTTER AND CROSS GUTTTERS
WARD LOCA TION .
1 Perishina Ave.
1 Court Street
2 Crestview from Gilbert to 21" street
3 2582 to 2635 Birch sidewalk .
3 234 to 383 Dallas sidewalk
4 481n Street between Electric and E Street sidewalk
5 Marshall Blvd. And H Street curb and gutter
6 1804 to 1995 West 20th Street sidewalk, curb gutter
7 North side Hiahland between Waterman & Valencia
Guzman Construction has provided good quality concrete repairs and is located in the
City of San Bernardino. Staff recommends approval of this contract extension.
Financial Impact: .
Funds for these repairs are available and have been budgeted in the FY 06-07, Account
Number 001-406-5505 for a total of $64,800.00, Account No. 001-402-5502 for a total of
$35,200.00; Account No. 126-369-5504-7534 Capital Improvement Project SS04-133
installation of curb ramps and cross gutters in a total amount of $74,200.00, and
Account No. 132-431-5505-7585 for the removal and replacement of cross gutter is the
City Corporation Yard.in the total amount of $25,000.00.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $199,200.00 WITH A ONE.YEAR
EXTENSION AT THE CITY'S OPTION BETWEEN THE CITY OF SAN
BERNARDINO AND GUZMAN CONSTRUCTION COMPANY FOR THE REPAIR OF
SIDEWALKS, CURBS, GUTTERS AND CROSS GUTTERS AT VARIOUS.
LOCATIONS THROUGHOUT THE CITY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereQy authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and
Guzman Construction Company, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is allowed as the first one-year contract extension
hereby accepted as part of the original bid awarded on February 3, 2006.
SECTION 3. That Guzman Construction Company submitted the lowest quote
for the purchase of the repair of sidewalks, curbs, gutters and cross gutters at various
locations throughout the City of San Bernardino in the amount of $199,200.00.
Pursuant to this determination the Purchasing Manager is hereby authorized to issue a
purchase order to Guzman Construction Company in the amount of $199,200.00.
SECTION 4. The Purchase order shall reference this Resolution No.
2007 and shall read, "Guzman Construction Company for the repair of
sidewalks, curbs, gutters and cross gutters throughout the City of San Bernardino."
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-V/z/~Y
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $199,200.00 WITH A ONE-YEAR
EXTENSION AT THE CITY'S OPTION BETWEEN THE CITY OF SAN
BERNARDINO AND GUZMAN CONSTRUCTION COMPANY FOR THE REPAIR OF
SIDEWALKS, CURBS, GUTTERS AND CROSS GUTTERS AT VARIOUS
LOCATIONS THROUGHOUT THE CITY OF SAN BERNARDINO.
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7 2007
SECTION 5.
The Agreement shall reference this Resolution No.
and shall read, "Guzman Construction Company for the repair of
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sidewalks, curbs, gutters and cross gutters throughout the City of San Bernardino.
Agreement not to exceed $199,200.00" and shall incorporate the terms and conditions
of the agreement.
SECTION 6. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $199,200.00 WITH A ONE-YEAR
EXTENSION AT THE CITY'S OPTION BETWEEN THE CITY OF SAN
BERNARDINO AND GUZMAN CONSTRUCTION COMPANY FOR THE REPAIR OF
SIDEWALKS, CURBS, GUTTERS AND CROSS GUTTERS AT VARIOUS
LOCATIONS THROUGHOUT THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2007, by the
following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTRADA
BAXTER
14 BRINKER
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16
17 JOHNSON
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DERRY
KELLEY
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is
,2007.
hereby approved this
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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Exhibit "A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into thi, 2nd day of April
2007, by and between Guzman Construction Company ("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 repair of sidewalks, curbs, gutters and
cross gutters; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the repair of sidewalks, curbs, gutters and cross gutters.
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 as set forth in this purchase agreement.
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 $199,200.00 for the repair of sidewalks,
curbs, gutters and cross gutters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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This Agreement may be tenninated at any time by thirty (30) days written notice by
either party, The tenns of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold hannless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's perfonnance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold hannless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's perfonnance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
S. INSURANCE.
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While not restricting or limiting the forgoing, during the tenn 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
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of .race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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.
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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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
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 Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Guzman Construction Company
1264 South Waterman Ave.
San Bernardino, CA 92408
Telephone: (909) 915-6187
10. 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,
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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. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. 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
",Titten 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
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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]2.
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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
]4. 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.
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]5. 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.
]6. ENTIRE AGREEMENT; MODIFICATION.
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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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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By:
James F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of April
2007, by and between Guzman Construction Company ("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 repair of sidewalks, curbs, gutters and
cross gutters; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the repair of sidewalks, curbs, gutters and cross gutters.
NOW, THEREFORE, the parties hereto agree as follows:
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1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
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 $199,200.00 for the repair of sidewalks,
curbs, gutters and cross gutters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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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 mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
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 Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Guzman Construction Company
1264 South Waterman Ave.
San Bernardino, CA 92408
Telephone: (909) 915-6187
10. 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,
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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. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. 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 ofCITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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12.
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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. 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.
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15.
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.
16. ENTIRE AGREEMENT; MODIFICATION.
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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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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated
,2007
VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Dated:
,2007
Approved as to Form:
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'::t1':llj;1'_''j::t.~
\.::JU;:J'i~H I~~~'it:, r .~_
.'MAN
..,'III,rION CO~
January 25. 2007
City of San Bernardino
Public Services Depanment
JOO N. D Street
San Bernardino. CA 92418
RE. 2007 ConCl'ete Repair Contract
.--, .'_ c.~. , .1
: I
lASE 96150015
CA Lie. 1724664 Class A
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Guzman Construction Company hereby slates there wIll be no pnce lIlcre3Si tor :ne ~f)07
Concrete Repair Contract. I have anached a copy of our 2006 prices I'm c~ crete repair
at vurioU3 localion~ throughout the City afSan B"nlaldillo. :, I
I, ,
We "J'prpciMr your business and should you haw any questions feci free 10 kontacl ,."e 31
909-890-9975. 1
Thank ;'ou. .
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---~'V ~ ..=.l ~G:~ ,-="--r'
,,/- ~~~-- /~/c_""'_-r:-~,--~,_
/,'
,?-~' Rc1ileio GoZnUUl .
OV>'ncr, Guzm:m CO:'lstruction Company
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1264 South Waterman Ave.. Suite 3' San Bernardino. CA 92~bJ
Phtlllv; ('09) 690'9915' Fax: (90S) 89t).9966. I
e-mail: guzmenconSlco1@aol.com
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REQUEST FOR QUOTES:
DESCRlPTION OF RFQ:
RFQ F-06-16
Concrete Repair of Sidewalks - Various Locations
BIDDER'S NAME/ADDRESS:
_ i_,rl1f1+rJV
. ,
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NAMEITELEPHONE NO. OF /--.
AUTHORlZEDREPRESENTATIVE 1\1 f1 i'lli
!_ j I \' Ii \I \r \
(Dull ('I' Ie.:, . '-'.IA7
'.- /
ANNUAL PURCHASE ORDER
Effective on or about July I, 2005 through July 30, 2006 plus two (2) single year options, for City's
partial requirements, on an as-needed basis, with no guaranteed usage,
Option year one, if exercised, shall be effective July I, 2006 through June 30, 2007 Option year two, if
exercised, shall be effective July 1,2007 through June 30, 2008,
Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino' and
the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional
period, Vendor must provide the City 60 (sixty) day written notification of any proposed price increase,
Price increases shall become effective 30 (thirty) days after the City receives written notification of such
increases. Vendor must also pass on any decreases in the same way.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any
given option year, Option years shall become effective only upon issuance by the City of a duly
authorized Purchase Order.
Please provide detailed Firm Fixed Price cost information in the spaces provided
below and any other incidental or additional costs required to complete the
Technical Specification requirements.
18
e
7144
1 1.0000
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999541
02/03/06
1 of 1
06/05/06
02/06/06
GUZMAN CONSTRUCTION
(ST2) PUBLIC SERVICES/STREET
300 NO "D" ST, RM 421
SAN BERNARDINO CA 92418
1264 S WATERMP.N AV #3
SAN BERNARDINO CA 92408
11383
NET 30
DESTINATION
Repair of sidewalks, curbs, gutters, andl19,222.5000 119,222.50
cross gutters at various location
throughout the City. Per Reso. 2006-22
dated June 25, 2006 NOT TO EXCEED
$137,600.
******* Change order #1 dated 06/05/06:
DECREASE ACCT 001-406-5505 BY $7,377.50 FROM $89,000.TO
$81622.50 DECREASE TOTAL PO FROM $126,600. TO $119,222.50
.*************************~*********************************************************
-
Memo Accounting Information Only
General Ledger Account Number Distribution
001-406-5505-0000
129-367-5504-7360
81,622.50
37,600.00
119,222.50
0.00
0.00
119,222.50
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