HomeMy WebLinkAbout18-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
OR /1" or , ~ L
IViilVn
Subject: Resolution authorizing the
execution of a contract with Donald M.
Hoover Company for the installation of a
Taraflex PVC gymnasium floor at the San
Bernardino Boys and Girls Qub.
Dept: Facilities Management
Date: July 9, 2000
MICC Meeting Date: July 9, 2001
Synopsis of Previous Council Action
None
Recommended Motion:
1. Adopt Resolution, and
2. Authorize the Director of Finance to amend the FY 2001-02 adopted budget and increase Facilities
Management's by $51,000 (acct. no. 001-325-5706 - Alterations and Renovations) and also increase revenue
account number 001-000-4901 - Misc. Revenue, by $51,000 to reflect the reimbursement to be received from
County CDBG fi.mds.
Contact person:
James Sharer
Phone: 384-5244
Supporting data attached: Staff Report
Ward(s):6
FUNDING REQUIREMENTS:
Amount: $58,700.00
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Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO~
STAFF REPORT
~UQJECT
Resolution authorizing the execution of a contract with Donald M. Hoover Company for the installation
of a Taraflex PVC gymnasium floor at the San Bernardino Boys and Girls Club.
PA~KQRO_U~12
The Boys and Girls Club of San Bemardino occupies the City-owned building at 1180 West Ninth
Street, and had since it was constructed in the early 1970's. The existing floor was installed in 1993 as
a pour-in-place. This type of flooring was selected as a means to encapsulate the Vinyl Asbestos Floor
tiles that existed in the gymnasium since it was built. The pour in place floor never performed as an
acceptable floor in this gym. Soon after it was installed, the floor started having bubbles, or places
where it did not adhere correctly. The contractor came out numerous times during the first year and
made repairs, but the floor remained sub-standard. Staff tried in vain to get the contractor to retum to
repair the floor, but to no avail.
The Boys and Girls Club applied to the County of San Bernardino for CDBG funding to install a Taraflex
sports floor in this gym. The Taraflex floor is a polyurethane floor that has been used in numerous
schools, colleges, and at the Olympics. It is a good product for this highly used gymnasium. This
funding was approved and the project went out to bid.
Requests for Bid were mailed out to nine vendors, the San Bemardin Chember of Commerce, plus
advertised in the newspaper and on the City Web Site. Three bids for the project were received on May
17,2001. The bids ranged from $51,000 to $69,900, with Donald M Hoover Company being the lowest
bidder. There were no local San Bemardino companies that could perform this work. The bid results
were as follows:
Vendor
Donald M. Hoover Co.
Lawrence W. Rosine Co.
Masters Surfacing Technology
Location
Fontana, CA
Pacoima, CA
Fullerton, CA
Bid ~unt
$51,000
$59,950
$69,900
The estimated total project cost based on the low bid is as follows:
Construction Contract
Contingencies (15%)
Total Cost
$51,000
7,700
$58,700
1:'~At<lgIAL IMPACT
Total estimated cost for this project is $58,700 ($51 ,000 + 7,700 contingency). The City will pay for
construction costs up-front and receive reimbursement up to $51,000 from County administered CDBG
funds. If contingency costs do arise (not to exceed $7.700), Facilities Management will allocate funds
within their current building maintenance budget to cover the costs (001-325-5111). Facilities
Management budget will have to be increased by $51,000 to reflect the cost of this project (001-325-
5706) and revenue account # 001-000-4901 (General Fund Misc. Revenue) will also have to be
increased by $51,000 to reflect the reimbursement to be received from county administered CDBG
funds.
RECO'~t;NDAnON
1. Adopt resolution, and
2. Authorize the Director of Finance to amend the FY 2001-02 adopted budget and increase Facilities
Management's by $51,000 (acct. no. 001-325-5706 - Alterations and Renovations) and also
increase revenue account number 001-000-4901 - Misc. Revenue, by $51,000 to reflect the
reimbursement to be received from County CDBG funds.
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Resolution No.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUlHORIZING THE EXECUTION OF A CONTRACT WITH
DONAID M. HOOVER COMPANY, FOR THE INSTALLATION OF A TARFLEX
GYMNASIUM FLOOR AT THE SAN BERNARDINO BOYS' AND GIRLS' CLUB.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. DONAt M HOOVER COMPANY, is the lowest responsible bidder for
the installation of a T araflex gymnasium floor at the San Bernardino Boys' and Girls' Club per Plan
No. F01-63. A contract is awarded accordingly to said bidder in a total amount of $51,000.00.
Such award shall be effective only upon being fully executed by both parties. All other bids,
therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said
contract 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 fully as though set forth at length.
SECTION 2. This contract and any amendment or modifications 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 3. TIlls resolution is rescinded if the parties to the contract fail to execute it
within one-hundred twenty (120) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
DONAID M. HOOVER COMPANY, FOR THE INSTALIATION OF A TARAFLEX
GYMNASIUM FLOOR AT THE SAN BERNARDINO BOYS' AND GIRLS' CLUB.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetmg
thereof, held on the
day of
, 2001, by the following vote, to wit:
Council Members:
Ayes
Abstain
Nays
Absent
ESlRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
, 2001.
day of
Approved as to form and
Legal content;
James F. Penman, City Attorney
Judith Valles, Mayor
City of San Bernardino
BY:
2
EXHIBIT" A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 9th day of July. 2001 ,
by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,
hereinafter referred to as the "City" and DONALD M. HOOVER COMPANY
a California corporation, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, City desires to obtain professional services for the installation of a
Taraflex gymnasium floor at the San Bernardino Boys' and Girls' Club.
WHEREAS, in order to provide for the design, preparation of plans, securing of
permits and approvals, drawings sufficient to allow plant review and construction and to
provide accurate as constructed drawings for record purposes and to provide the
construction services necessary to complete the designated aspects of the installation of a
Taraflex gymnasium floor it is necessary to engage the services of a design Contractor
and construction firm, and
WHEREAS, Contractor is qualified to provide said professional services as well
as construction services; and
WHEREAS, San Bernardino City Council has elected to engage the services of
Contractor upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in "Scope of Services" and as
contained in the proposal dated May 16.2001 ,copies of which are attached hereto as
Exhibit "1 ", hereinafter referred to as "Work" and incorporated as though set forth in full.
2. TERM OF AGREEMENT
The services of Contractor are to commence immediately after the City has
authorized work to start by issuance of a Notice to Proceed. The scheduled completion
dates are shown in the proposal and shall be modified to reflect the actual date of the
Notice to Proceed and may be adjusted by the City as determined by progress of the
work. This Agreement shall expire upon completion of the project or as directed by the
City unless extended by written agreement of the parties.
Page 1 of 10
3. STANDARD OF PERFORMANCE
J0/Y
Contractor will, at its sole expense:
~
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(a) Complete all work product, construction and design in conformance with
,f- Standard Specifications for Public Works Construction (Greenbook)
current edition, standards established by the South Coast Air Quality
Management District, County of San Bernardino, Controlling State
Standards, Uniform Building Codes, Electrical and Mechanical Codes, the
City of San Bernardino's Standard Drawings and the project
specifications.
(b) Conduct and carry out the Work in accordance with the terms and
conditions of this Agreement and diligently pursue completion of the Work in
accordance with the timetable set forth on Exhibit 1.
(c) Supervise and direct the Work, using Contractor's best skill and attention.
Contractor will be solely responsible for and have control over the construction,
means, methods, techniques, sequences, procedures and for coordinating all
portions of the Work.
(d) Unless otherwise provided in this Agreement, provide and pay for all
labor, materials, equipment and tools necessary for the proper execution and
completion of the Work.
(e) Enforce strict discipline and good order among the employees,
subcontractors and agents carrying out the Work and employ and permit the
employment of only qualified persons skilled in tasks assigned to them in
performing the Work.
(f) Secure all governmental licenses and inspections necessary for the
performance and completion of the Work in accordance with all laws, statutes,
ordinances, building codes and regulations applicable to performing the Work
(the "Applicable Laws") other than those to be obtained by City.
(g) Comply with and give all notices required by all Applicable Laws.
However, Contractor's does not assume the obligation to determine whether the
Work or this Agreement is in accordance with all laws and regulations applicable
to the City.
(h) Keep the facilities and the surrounding area free from the accumulation of
waste materials and rubbish resulting from Contractor's performance of its
obligations under this Agreement and on or before completion of the Work,
remove from and about the facilities, all such waste materials and rubbish, and all
of Contractor's tools, equipment, machinery and surplus materials, except that, as
Page 2 of to
provided in Section 9, the City will remove and dispose of all toxic or hazardous
material removed from the facilities.
(i) Take reasonable precautions for the safety of, and provide reasonable
protection to prevent damage, injury or loss as a result of the Work, including
without limitation coordinating the Work with the City's on-site safety program.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services" is made an
obligation of Contractor under this Agreement, subject to any changes made subsequently
upon mutual agreement of the parties. All such changes shall be incorporated by written
amendments to this Agreement and include any increase or decrease in the amount of
compensation due Contractor for the change in scope. Any change which has not been so
incorporated shall not be binding on either party.
B. No extra services shall be rendered by Contractor under this Agreement
unless such extra services are authorized, in writing, by City prior to performance of such
work. Authorized extra services shall be invoiced based on Contractor's proposed rates,
a copy of which is included in the proposal and incorporated herein as though set forth in
full.
5. COMPENSATION
A. The City shall reimburse the Contractor for actual costs (including labor
costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the
Contractor in performance of the work, at the rates listed in the proposal and for the tasks
completed and partially completed in accordance with monthly billings in an amount not
to exceed $51,000.00.
B. Said compensation shall not be altered unless there is significant alteration
in the scope, complexity, or character of the work to be performed. Any such significant
alteration shall be agreed upon in writing by City and Contractor before commencement
of performance of such significant alteration by Contractor.
Any adjustment of the cost of services will only be permitted when the Contractor
establishes and City has agreed, in writing, that there has been, or is to be, a significant
change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the
Agreement for Completion of the work warrants such adjustment.
Page 3 of 10
C. The Contractor is required to comply with all Federal, State and Local
laws and ordinances applicable to the work and which are in effect as of the date of the
notice to proceed. The Contractor is required to comply with prevailing wage rates in
accordance with California Labor Code Section 1170.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be
Submitted monthly by Contractor to City and shall be paid by City within twenty (20)
days after receipt of same, excepting any amounts disputed by City. Dispute over any
invoiced amount shall be noticed to the Contractor within ten (10) days of billing and a
meet and confer meeting for purposes resolution of such dispute shall be initiated by the
city within (10) days of notice of such dispute. Interest of I Y, percent per month (but not
exceeding the maximum rate allowable by law) will be payable on any amounts not in
dispute and not paid within thirty (30) days of the billing date, payment thereafter to be
applied first to accrued interest and then to the principal unpaid amount. On disputed
amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Contractor.
B. Should litigation be necessary to enforce any term or provision of this
Agreement, or to collect any portion of the amount payable under this Agreement, then
all reasonable litigation and collection expenses, witness fees, and court costs, and
attorney's fees shall be paid to the prevailing party. The costs, salary and expenses of the
City Attorney and members of his office in connection with that action shall be
considered as attorneys' fees for the purposes of this Agreement.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Facilities Manager of the City, or his designee, shall have the right of
General supervision over all work performed by Contractor and shall be City's agent with
respect to obtaining Contractor's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Facilities
Manager or his designee.
B. Contractor shall perform the Work as an independent contractor and shall
not be considered and employee of the City. This Agreement is by and between
Contractor and the City, and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture, or association,
between the City and Contractor.
C. When Contractor believes that all or any phase of the Work has been
completed in accordance with the terms of this Agreement, Contractor will submit a
Certificate of Substantial Completion to the City. The Certificate of Substantial
Completion will describe the Work substantially completed and include a commitment by
Contractor to complete any remaining portion of the Work or the completed phase. The
parties intend that work will be accepted as it is substantially completed.
Page 4 of 10
D. The City will, within five (5) business days after receiving the Certificate
of Substantial Completion, inspect the Work that is described as completed in the
Certificate of Substantial Completion.
E. Ifthe City does not accept that Work, the City will deliver written notice
to Contractor describing in detail the material respects in which that Work fails to
conform to the description of that Work set forth on Exhibit I. In that case, Contractor
will take such actions as it deems appropriate to cause that Work to conform to the
description set forth on Exhibit I in all material respects. Contractor will then issue
another Certificate of Substantial Completion pursuant to paragraph (a).
F. If that Work substantially conforms to the description of that Work set
forth on Exhibit I, the City will accept that Work by signing the Certificate of Substantial
Completion and returning it to Contractor. If the City does not deliver any written notice
to Contractor within ten (10) business days of receiving the Certificate of Substantial
Completion, the City will be deemed to have signed and returned the Certificate of
Substantial Completion.
G. The date on which the City accepts Wok or a phase of said Work referred
to herein as the "Acceptance Date" of such Work or phase.
8. REPRESENTATIONS
Each party represents that:
(a) It has all requisite corporate power and authority to execute and deliver
this Agreement and to perform its obligations hereunder, and it is in good
standing under the laws of the state of its organization or incorporation.
(b) The execution, delivery and performance of this Agreement have been
duly authorized by its board of directors or governing body, as the case may be,
and in accordance with its organizational documents.
(c) This Agreement has been duly executed and delivered on its behalf by
Signatories so authorized and constitutes its legal, valid and binding obligation.
(d) The execution, delivery and performance of this Agreement will not result
in a breach or violation of nor constitute a default under any agreement, lease or
instrument to which it is a party.
(e) To the best of its knowledge there is no pending or threatened judicial or a
Administrative proceeding that could have an adverse effect on the validity of
enforceability of this Agreement or such party's ability to perform its obligations
under this Agreement.
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9. DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES
(a) If any Hazardous Substances are discovered at the facilities during the
Work, such discovery shall constitute a cause beyond Contractor's reasonable
control and Contractor shall have the right to cease the Work until the City, at its
Expense, as appropriate, tests, abates, encapsulates, cleans up, removes and
disposes of such Hazardous Substances.
(b) If the City so requests, Contractor shall assist the City by providing the
City a list of qualified disposal companies, arranging contracts between the City
and a qualified disposal company and coordinating the Work with the activities of
a qualified disposal company. Although budget costs for such services may be
included in program proposals and cash flow analyses, the City will be directly
responsible for contracts and payment to disposal companies.
10. INSURANCE
Contractor shall, at its expense, maintain commercial general liability coverage
and employer's liability coverage of at least $1,000,000 each occurrence, $2,000,000
aggregate, and workers compensation coverage, to protect such party and its officers,
directors, agents and employees from any claims under workers' compensation and other
employee benefit acts and from any and all other claims for bodily injury, including death
and personal injury and from claims for property damage which may arise with respect to
this Agreement. Contractor shall submit to the City completed Certificates of Insurance
evidencing such coverage. Contractor will name the City of San Bernardino as an
additional insured on the policy.
Except for City's negligence or misconduct, Contractor shall indemnify, defend
and hold City and City officers and employees hannless from all damages, cost and
expenses, including but not limited to damages to property or personal injury, suffered by
reason of, or in the course of Contractor's performance under this agreement. The
provisions of this section shall survive the expiration or early termination ofthis
Agreement.
11. DEFAULT AND TERMINATION
(a) If Contractor or the City:
(I) Fails to make any payment as it becomes due in accordance with
the terms of the Agreement,
(2) Fails to perform or observe any other covenant, condition, or
obligation to be performed or observed by it hereunder, or
(3) Made in this Agreement any materially false, misleading or
Page 6 of 10
erroneous representation to the other party, then the other party shall have
the right to send a notice of termination of this Agreement.
During the thirty (30) day period beginning on the date of such
notice, Contractor and City will negotiate in good faith toward an
amicable resolution of the default. If no such resolution is agreed upon in
writing within such period, this Agreement shall terminate.
(b) Ifproceedings under any bankruptcy, insolvency, reorganization or similar
legislation are instituted against or by a party, or a receiver or similar officer is
appointed for a party or any of its property, and such proceedings or appointments
are not vacated, or fully stayed, within thirty (30) days after the institution or
occurrence thereof, the other party shall have the right to terminate this
Agreement by written notice, such notice to be effective upon delivery.
(c) The non-defaulting party may, at its discretion, exercise all remedies
available at law or equity or other appropriate proceedings, including bringing any
action or actions from time to time for the recovery of damages as a result of such
default, and all costs and expenses reasonably incurred in the exercise of its
remedies hereunder (including attorneys' fees).
12. ASSIGNMENT
(a) Except as provided in this Section, neither party will assign any of its
rights or obligations hereunder without the prior written consent of the other
party. This Agreement will bind and inure to the benefit of the successors and
permitted assigns of the parties.
(b) The City may transfer or assign its rights and obligations under this
Agreement to a successor purchaser of the facilities if such assignee or transferee
explicitly assumes in writing the obligations of the City under this Agreement
13. EXCUSED DELAYS
If either party will be delayed in or prevented, in whole or in part, from
performing any obligation or condition hereunder with the exception of the
payment of money, or from exercising its rights by reason or as a result of any
"force majeure" or due to the failure of the other party to perform its obligations
hereunder, such party will be excused from performing such obligations or
conditions while such party is so delayed or prevented. The term "force majeure"
as used herein means acts of God, acts of government, strikes, lockouts, or other
industrial disturbances, acts of public enemy, blockades, warts, insurrections or
riots, epidemics, landslides, fires, storms, floods, earthquakes, explosions, water
damage, lightening, freeze-ups, theft, malicious mischief, electrolytic or chemical
Page 7 of 10
action, unusual delays in transportation, or other similar causes beyond the control
of such party.
14. NOTICES
Any and all notices between the City and Contractor provided for or permitted
under this Agreement or by law will be in writing and will be deemed duly served
when personally delivered to the party, or in lieu of such personal service when
deposited in the United States mail, certified, postage prepaid, addressed to such
party at the address of such party listed on the signature page to this Agreement or
at such other address as is given to the other party by like notice. A copy of any
notice to Contractor shall be sent to Donald M. Hoover Comoanv. 10130
Redwood Avenue. Fontana. CA 92335 (Attn: C. Race Gentrv).
15. MISCELLANEOUS
(a) Term. This Agreement will take effect when signed by both parties and,
unless sooner terminated, will continue until the parties have satisfied their
obligations under this Agreement..
(b) Forum and Law. This Agreement is considered to have been made at
City of San Bernardino, County of San Bernardino. Contractor and the City agree
that any and all disputes arising out of or in connection with this Agreement will
be brought only in the jurisdiction of the County of San Bernardino, CA and each
agree to the service of process in accordance with the law of the State of
California.
(c) Entire Agreement. This Agreement, including its Exhibits, which
Exhibits are incorporated into this Agreement in their entirety, contains the entire
agreement between the parties with respect to its subject matter and supersedes all
prior proposals, letters, brochures and other material relating to its subject matter.
No amendment, waiver or discharge of any provision of this Agreement will be
valid unless in writing and signed by any authorized representative of the party
against which such amendment, waiver or discharge is sought to be enforced.
(d) Non-Waiver. The failure of either party to insist in any instance upon
strict performance of any of the provisions of this Agreement will not be
construed as a waiver of any such provision nor affect any present or future right
hereunder.
(e) Interoretation. The headings and the table of contents are for reference
and convenience only and will not be considered in the interpretation of this
Agreement. The language used in this Agreement will be deemed to have been
chosen by the parties to express their mutual intent and no rule of construction
will be used to construe language against either party.
Page 8 ofl 0
(f) Severability. If any provision of this Agreement is held to be
unenforceable, then both parties will be relieved of all obligations arising under
such provision, but only to the extent that such provision is unenforceable, and
this Agreement will be deemed amended by modifying such provision to the
extent necessary to make it enforceable while preserving its intent or, if that is not
possible, by substituting another provision that is enforceable and achieves the
same objective and economic restllt. If such unenforceable provision does not
relate to the payments to be made to Contractor, and if the remainder of this
Agreement is capable of substantial performance, then the remainder of this
Agreement will be enforced to the extent permitted by law.
(g) Independent Parties. Nothing contained in this Agreement will be
deemed or construed for any purpose, to establish, between the parties, a
partnership or joint venture, a principal-agent relationship, or any relationship
other than City and independent contractor.
(h) Non-Discrimination. During the performance of this Agreement,
Contractor agrees that Contractor shall not discriminate on the grounds of race,
religious creed, color, national origin, ancestry, age, physical disability, mental
disability, medical condition including the medical condition of Acquired Immune
Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex
or sexual orientation in the selection and retention of employees and
subcontractors and the procurement of materials and equipment. Further,
Contractor agrees to conform to the requirements of the Americans with
Disabilities Act in the performance of this Agreement.
16. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or
applicant for employment because of race, color, age, handicap, religion, sex, marital
status or national origin, in accordance with Federal, State, and Local laws. Such action
shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading, and promotion. In addition, Contractor shall not
exclude from participation under this Agreement any employee or applicant for
employment on the basis of race, color, age, handicap, religion, sex, marital status or
national origin in compliance with State and Federal laws.
Page 9 of 10
CITY OF SAN BERNARDINO
DONALD M. HOOVER COMPANY
By:
By:
Its:
Mayor
Its:
Owner
Date:
Date:
Address for notices:
Address for notices:
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
Donald M. Hoover Comoanv
10130 Redwood Avenue
Fontana. CA 92335
Attention:
Jim Sharer
Attention:
Race Gentrv
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
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