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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION I C I N A L From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the Director of Finance to increase Purchase Order Number 303349 by $62,600 to Air Cleaning Systems in order to Dept: Fire complete the construction of the vehicle exhaust removal system. Date: May 20, 2010 MC/C Meeting Date: June 7, 2010 Synopsis of Previous Council Action: 02/16/10 Resolution #2010-31 authorizing the execution an agreement and issuance of a purchase order to Air Cleaning Systems for the construction of the Fire Department vehicle exhaust removal system. 03/16/09 Resolution#2009-59 authorizing the City Manager or his designee to accept and administer the 2008 Assistance to Firefighters grant awarded by the Department of Homeland Security. 04/21/08 Resolution#2008-129 authorizing the Fire Department to apply for the 2008 Assistance to Firefighters grant submitted to the Department of Homeland Security in the amount of$669,330. RECOMMENDATION: Adopt resolution. Signature Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Quote Ward: Citywide FUNDING REQUIREMENTS: Amount: $62,600 Source: (Acct.No.) 123-846-5704 (Acct Descr.) Federal & State Program-2008 Assistance to Firefighters grant Finance: Council Notes: -no— .2-616 — 32 Agenda Item No. 4 STAFF REPORT SUBJECT Resolution 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. BACKGROUND On February 16, 2010, the Mayor and Common Council approved resolution #2010-31 authorizing 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. During the installation of the vehicle exhaust removal systems at the fire stations; it was determined that all twelve (12) fire stations require a dual functioning exhaust system. The dual system provides a side ventilation system (SV) and a vertical stack ventilation system (VS). The SV system accommodates our older front line engines and all of our reserve engines, all of these engines have a side exhaust discharge configuration. The VS system accommodates our new engines (Pierce Ultimate Configuration aka PUC) that have vertical exhaust discharge configuration, much like a traditional semi-truck. Therefore, each type of engine requires a different exhaust ventilation system. The original bid included seven (7) dual systems which have been installed. The remaining five (5) fire stations still need the VS system, this will equip all 12 stations with both VS and SV systems capable of operating with any fire engine. Without this capability, the five (5) fire stations with only a SV system would not be able to accommodate one of the PUC engines without exposing firefighters to diesel exhaust inside the station. The City's Project Manager Tony Frossard, from Facilities Management, has been consulted on this proposal and supports equipping all stations with the dual system. By outfitting all twelve (12) fire stations with both a VS and a SV system, all of the City's fire stations can accommodate any of our apparatus, without compromising the health of firefighters, or affecting service delivery. If we elect to not go forward with adding the five (5) VS systems, at some point in the future we will need to outfit the fire stations in question with the vertical systems, to accommodate new fire apparatus; the funding would likely have to be provided by the General Fund. Therefore, the Fire Department is requesting authorization to install vertical systems at fire stations 225, 227, 229, 231, and 232 and increase Purchase Order Number 303349 by $62,600 to Air Cleaning Systems for a new total amount not-to-exceed $406,700. 1 FINANCIAL IMPACT The total dollar amount to be awarded to Air Clean Systems to complete the construction of the vehicle exhaust removal system is not-to-exceed $406,700. Funding is budgeted under the 2008 Assistance to Firefighters grant account#123-846- 5704. The original budgeted amount for this project is $450,955; current balance is $106,840; and remaining balance after approval will be $44,240. No additional cost to the General Fund. RECOMMENDATION Adopt resolution. 2 I 1 RESOLUTION NO. O Fy 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO 4 INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF 5 THE VEHICLE EXHAUST REMOVAL SYSTEM. 6 WHEREAS, the Mayor and Common Council previously adopted Resolution 7 92010-31, approving the execution of an agreement and issuance of a purchase order to Air 8 Cleaning Systems for the construction of the fire department vehicle exhaust removal 9 system; and 10 WHEREAS, the current Purchase Order Number 303349 of$344,115 needs to be 11 increased by $62,600 for a total Purchase Order amount of$406,715 in order to complete 12 the construction of the vehicle exhaust removal system. 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. That the City Manager of the City of San Bernardino is hereby 17 authorized to execute on behalf of said City an Amendment to the Agreement between the 18 19 City of San Bernardino and Air Cleaning Systems, a copy of which is attached hereto, 20 marked Exhibit "A" and incorporated herein by this reference as fully as though set forth 21 at length; 22 SECTION 2. Pursuant to this determination, the Director of Finance or her 23 designee is hereby authorized to increase Purchase Order Number 303349 from $344,115 24 to $406,715 for the secondary side ventilation system and vertical stack ventilation system 25 26 at fire stations 225, 227, 229, 231, and 232 (attachment A); 27 =`4; 28 t4 Cat-16 O 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO 2 INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR 3 CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF THE VEHICLE EXHAUST REMOVAL SYSTEM. 4 5 SECTION 3. The Purchase Order shall incorporate by reference this Resolution 6 number and shall incorporate the bid from Air Cleaning Systems; and 7 SECTION 4. The authorization to execute the above reference Purchase Order is 8 rescinded if it is not issued within thirty (30) days of the passage of this Resolution. 9 10 11 12 13 14 /// 15 16 17 18 19 20 n/ 21 22 u 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF FINANCE TO 2 INCREASE PURCHASE ORDER NUMBER 303349 BY $62,600 TO AIR 3 CLEANING SYSTEMS IN ORDER TO COMPLETE THE CONSTRUCTION OF THE VEHICLE EXHAUST REMOVAL SYSTEM 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the day of , 2010, by the following vote,to 8 wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk City of San Bernardino 20 The foregoing Resolution is hereby approved this day of , 2010. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: 28 3 Exhibit"A" AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT THIS AGREEMENT is entered into this 7th day of June 2010 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 1 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. 1 AMENDMENT NO. I 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: 2010 AIR CLEANING SYSTEMS By: Dated: 12010 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager ATTEST: Rachel G. Clark,City Clerk Approved as to form: James F. Penman,City Attorney 2 Attachment 'A' AIR CLEANING SYSTEMS 1966 W. Holt Ave. Pomona, California 91763 800-998-1974 FAK909-629-3236 California License: 772590 Nevada License: 0056619 email:iimOacs-cal.com 5/10/2010 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) • Total material $ 8,069.00 • Sales tax CO) 9.00% S 726.21 • Labor/lift/FREIGHT S 4,700.00 TOTAL: $ 13,495.21 STATION #9 • One (l) full length drive through vertical stack(VSRA-65D) o Total material $ 8,069.00 c Sales tax @ 9.00% $ 726.21 c Labor/lift/FREIGHT $ 4300.00 TOTAL: S 13,495.21 STATION #12 • One (1) full length drive through vertical stack (VSRA-65D) o Total material $ 8,069.00 o Sales tax @ 9.00% S 726.21 o Labor/lift/FREIGHT $ 4,700.00 TOTAL: $ 13,495.21 Since 1972 California Contractor's License 772590 Nevada Contractor's License 56619 2 STATION #11 • One (1) full length drive through vertical stack (VSRA-65D) o Total material $ 8,069.00 o Sales tax @ 9.00% $ 726.21 o Labor/lift/FREIGHT $ 4.700.00 TOTAL: $ 13,495.21 STATION #7 • One (1) back in vertical stack(VSRA-21 B) • Total material $ 4,071.00 • Sales tax @ 9.00% $ 366.39 • Labor/lift/FREIGHT $ 4 100.00 $ 8,537.39 TOTAL: GRAND TOTAL (all 5 stations): $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 Attachment "B" AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 11G"l day of je u � 201 b, between the City of San Bernardino (owner and hereinafter "CITY"), and Air Cledning 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 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 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 group of persons on the basis of race, color,national origin,religion, sex, marital status, 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. The CITY and CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of United States Department of Transportation(DOT)-assisted contracts. Failure by the CITY or CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as recipient deems 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 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 proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms 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 CIT1 OF SAN BERNARDINO B C ES E. MC Y rty Manager City of San Bernardino BY SAnnES UL%N7i�C� TITLE:}KKES Ocln1T ATTEST: MAILING ADDRESS: 1966 West Holt Avenue l am-RACHEL G. CLARKs/t.fE_ City Clerk Pomona,CA 91768 PHONE NO.:( 909) 629-3236 APPROVED AS TO FORM: ATTEST: 10 JAMES . PENMAN, City Attorney Secretary ' NO/Secretary Secretary o e Owner should attest. If Contractor is a corporation, Secretary should attest.