HomeMy WebLinkAbout2010-132
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RESOLUTION NO.
~OlO-l1~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR
CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF
THE VEHICLE EXHAUST REMOVAL SYSTEM.
WHEREAS, the Mayor and Common Council previously adopted Resolution
#20 I 0-31, approving the execution of an agreement and issuance of a purchase order to Air
Cleaning Systems for the construction of the fire department vehicle exhaust removal
system; and
WHEREAS, the current Purchase Order Number 303349 of $344,115 needs to be
increased by $62,600 for a total Purchase Order amount of $406,71 5 in order to complete
the construction of the vehicle exhaust removal system.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between the
City of San Bernardino and Air Cleaning Systems, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by this reference as fully as though set forth
at length;
SECTION 2. Pursuant to this determination, the Director of Finance or her
designee is hereby authorized to increase Purchase Order Number 303349 from $344,115
to $406,715 for the secondary side ventilation system and vertical stack ventilation system
at fire stations 225,227,229,231, and 232 (attachment A);
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2010-132
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR
CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF
THE VEHICLE EXHAUST REMOVAL SYSTEM.
SECTION 3. The Purchase Order shall incorporate by reference this Resolution
number and shall incorporate the bid from Air Cleaning Systems; and
SECTION 4. The authorization to execute the above reference Purchase Order is
rescinded if it is not issued within thirty (30) days of the passage of this Resolution.
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2010-132
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR
CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF
THE VEHICLE EXHAUST REMOVAL SYSTEM
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at a re!';ular
meeting
thereof, held on the 7th
day of .June
,2010, by the following vote, to
wit:
COUNCIL MEMBERS:
NAYS
ABSTAIN ABSENT
AYES
MARQUEZ
x
DESJARDINS
x
BRINKER
x
SHORETT
x
KELLEY
x
x
JOHNSON
MCCAMMACK
x
R~~d:~~
City of San Bernardino
The foregoing Resolution is hereby approved this ~ day of June
,2010.
Approved as to form:
JAMES F. PENMAN, City Attorney
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2010-132
Exhihit "A"
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
THIS AGREEMENT is entered into this 7th day of June 20 I 0 by and between the City of
San Bernardino (owner and hereinafter "CITY") and Air Cleaning Systems (hereinafter
"CONTRACTOR")
RECITALS
A. On February 16,2010 per Resolution No. 2010-31 the Mayor and Common Council of the
City of San Bernardino authorized the execution of an Agreement and issuance of a Purchase
Order to Air Cleaning Systems in order to install vehicle exhaust removal systems at Fire
Station I through 12, a copy which is attached hereto as Attachment "B" and incorporated by
this reference.
B. The CITY and CONTRACTOR now desire to alter the Agreement to increase the amount of
the Agreement by $62,600 for a total not-to-exceed $406,715.
AGREEMENT
In consideration of the mutual promises contained in the Agreement, the parties agree as follows:
1. Section 2 of the Agreement is amended by increasing the awarded amount from $344,115 to
$406,715 for the secondary side ventilation system and vertical stack ventilation system at
fire stations 225, 227, 229, 231, and 232 (attachment A).
2. All other provisions of the written contract are reaffIrmed as originally stated.
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2010-132
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
AIR CLEANING SYSTEMS
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four
(4) counterparts, each of which shall be deemed an original in the year and day first above
mentioned.
Dated: ,,/'lZ--/ID .2010
I '
AIR CLEANING SYSTEMS
BY~~
Dated:~201O
CITY OF SAN BERNARDINO
By:
City
Manager
ATTEST:
~Ci~~rk~
Approved as to form:
James F. Penman, City Attorney
If- ;>!~
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2010-132
Attachment "A"
1#&'
AIR CLEANING SYSTEMS
1966 w: Hoft Ave.
800-998-1974
California License: 772590
Pomona, California 91763
FAX 909-629-3236
Nevada License: 0056619
email: llm(/J)acs-caJ.com
5/1 0/20 I 0
Tony Frossard
Project Manager
Facilities Management Department
City of San Bernardino
Dear Tony:
Listed below are the charges for adding a full length 65' VSRA system in the following stations:
STATION #5
. One (1) full length drive through vertical stack (VSRA-65D)
o Total material
o Sales tax @ 9.00%
o Labor/lift/FREIGHT
TOTAL:
$ 8,069.00
$ 726.21
$ 4.700.00
$ 13,495.21
STATION #9
. One (1) full length drive through vertical stack (VSRA-65D)
o Total material
o Sales tax@ 9.00%
o Labor/lift/FREIGHT
TOTAL:
$ 8,069.00
$ 726.21
$ 4.700.00
$ 13,495.21
STATION #12
. One (1) full length drive through vertical stack (VSRA-65D)
o Total material
o Sales tax @ 9.00%
o Labor/lift/FREIGHT
TOTAL:
$ 8,069.00
$ 726.21
$ 4.700.00
$ 13,495.21
Since 1972
California Contractor's License 772590
Nevada Contractor's License 56619
2010-132
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STATION #11
· One (1) full length drive through vertical stack (VSRA-65D)
o Total material
o Sales tax@ 9.00%
o Labor/liftlFRE1GHT
TOTAL:
$ 8,069.00
$ 726.21
$ 4,700.00
$ 13,495.21
STATION #7
. One (1) back in vertical stack (VSRA-2IB)
o Total material
o Sales tax@ 9.00%
o Labor/lift/FREIGHT
TOTAL:
GRAND TOTAL (all 5 stations):
$ 4,071.00
$ 366.39
$ 4.100.00
$ 8,537.39
$62,518.23
Obviously the completion time schedule would need to be modified with these additions. If you have any
questions, please contact me at your convenience.
Thank You,
AIR CLEANING SYSTEMS
Jim Cleary
Project Manager
Cc: Paul Drasil
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2010-132
Attachment 6B6
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this //,171 day of Hb'~ ,20/6, between the
City of San Bernardino (owner and hereinafter "CITY"), and Air CI .. g Systems (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 CONTRACTOR's own proper
cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and
equipment and perform all the work necessary to complete in good workmanlike and substantial manner the
INSTALLATION OF FIRE DEPARTMENT
VEmCLE EXHAUST REMOVAL SYSTEM
AT
FIRE STATIONS 1 THROUGH 12
AND
THE FIRE MAINTENANCE SHOP
FEMA
U.S. DEPARTMENT OF HOMELAND SECURITY
GRANT NO. EMW2008-FO-07316
in strict conformity with Special Provisions No. 12683. and also in accordance .with Standard Specifications for
Public Works Construction, 2008 Edition, on file in the Office of the City Engineer, Public Works Division,
Department of Development Services City of San Bernardino, which said 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 Proposal 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 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 &roup of persons on the basis of race, color, national origin, religion, sex,
marital Status, or ancestry in the perfonnance 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 perfonnance of this
contract The CITY and CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the
award and administration ofUnited States Department of Transportation (DOT)-assisted contracts. Failure by the
i"
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2010-132
cm or CONTRACTOR to carry out these requirements is a material breach of this contract, which may result .
in the tennination of this contract or such other remedy, as recipient dCems appropriate.
AGREEMENT: INSTALLATION OF FIRE DEPARTMENT VEHICLE EXHAUST REMOVAL SYSTEM
AT FIRE STATIONS 1 THROUGH 12 AND THE FIRE MAINTENANCE SHOP
FEMA U.S. DEPARTMENT OF HOMELAND SECURITY
GRANT NO. EMW2008-FO-07316
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 perfonnance 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 proposal of said CONTRACTOR, then this. instrument shall control
and nothing herein shall be considered as an acceptance of said tenns of said proposal conflicting herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
AIR CLEANING SYSTEMS
ro
B
BY: ...:rAMEs &1IJ71Afu.
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. ....
:~:~~:::~:~:~:~:
.' ..
TITLE: 'f.a;s IPt:'r\J'T
MAILING ADDRESS:
ATTEST:
tkt..i d, h. ~....IL
RACHEL G. CLARK. .
City Clerk
1966 West Holt Avenue
Pomona. CA 91768
PHONE NO.:( 909) 629-3236
APPROVED AS TO FORM:
~~~
ATTEST:
Secretary 0 e Owner should attest.
If Contractor is a corporation, Secretary should attest.