HomeMy WebLinkAbout06.E- Police '8.
RESOLUTION (ID # 2674) DOC ID: 2674 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Raymond King M/CC Meeting Date: 10/07/2013
Prepared by: Raymond King, (909) 384-5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an
Agreement with CCS Contractors for Emergency Repairs, and Renovation Services to the Cat
Room at the San Bernardino City Animal Shelter. (#2674)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $31,300
Account No. 124-210-0003-5706
Account Description: Animal Shelter Alterations and Renovations
Balance as of: 9/4/13 is $94,800
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The Public Works Department, Operations&Maintenance Division, is responsible for
maintaining City buildings. In early August 2013 there was an illness outbreak in the cat room at
the Animal Shelter located at 333 Chandler Place. This occurred due to the current ventilation
system's inability to properly circulate air within the room,which created an environment where
feline related illnesses could breed. The cats were evacuated to avoid further spread of disease
and remain in a temporary room until the improvements are completed.
Public Works/Facilities Management consulted with a proven and reliable vendor, CCS
Contractors, that can handle the engineering as well as the needed construction. The cost for the
engineer design is quoted to be $2,440 and the cost of the renovation is quoted to be $28,860.
Total cost for this project is $31,300; however,the original emergency purchase order did not
include the cost for the engineering study. The emergency purchase order needs to be increased
to $31,300. This is a critical issue that needed to be started as soon as possible and was approved
by the City Manager on 8/21/13. The vendor began working on this project the week of
September 2nd. Estimated time to renovate the cat room is approximately 4-6 weeks. Payments
to the vendor will be based on key milestones in the project.
Updated: 10/3/2013 by Georgeann"Gigi"Hanna A Packet Pg. 393
2674
Municipal Code 3.04.075,Emergency Purchases states, "In case of emergency, which is so
urgent as to preclude advance action by the Mayor and Common Council and which requires
purchase of supplies,materials, equipment or contractual services,the City Administrator shall
have the authority to authorize the Purchasing Agent to secure in the open market at the lowest
obtainable price any such supplies,materials, equipment or contractual services. This
emergency authority shall extend to all purchases, irrespective of the fact that the amount might
exceed the authorized limitation for open market purchases. In all instances a full explanation of
the emergency circumstances shall be filed with the Mayor and Common Council. (Ord. 3893
§2, 1980; Ord. 2588 §7'/2, 1964)."
While Emergency Purchases do not need Mayor and Council approval pursuant to the Municipal
Code, since this is an increase in the original estimated cost of the emergency, staff feels Council
approval is appropriate out of an abundance of caution.
City Attorney Review:
Supporting Documents:
Animal Shelter Repairs- Resolution (PDF)
Exhibit"A" -VSA with CCS Contractors (PDF)
Attachment 1-CCS COntractors Engineering Bid (PDF)
Attachment 2-CCS Contractors Construction Bid (PDF)
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Updated: 10/3/2013 by Georgeann"Gigi"Hanna A Packet Pg. 394
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH CCS
3 CONTRACTORS FOR EMERGENCY REPAIRS AND RENOVATION SERVICES
4 TO THE CAT ROOM AT THE SAN BERNARDINO CITY ANIMAL SHELTER AND
AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
5 INCREASE THE CURRENT EMERGENCY PURCHASE ORDER
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6 WHEREAS, CCS Contractors was retained initially due to an emergency involving
7 the ventilation in the cat room at the Animal Shelter;
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I 8 WHEREAS, additional costs have arisen that were not incorporated into the initial
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costs relating to the emergency at in the cat room; a
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11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON N
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
14 to execute on behalf of said City an Agreement for Services between the City of San 2
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16 Bernardino and CCS Contractors, a copy of which is attached hereto, marked Exhibit A, and
17 incorporated herein by this reference as fully as though set forth at length. L
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18 SECTION 2. That pursuant to this determination the Director of Administrative W
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19 Services or his designee is hereby authorized to increase the current emergency purchase s
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20 order from $28,860.00 to $31,300.00. 16
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Packet Pg.395
6.E.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH CCS
2 CONTRACTORS FOR EMERGENCY REPAIRS AND RENOVATION SERVICES
TO THE CAT ROOM AT THE SAN BERNARDINO CITY ANIMAL SHELTER AND
3 AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
4 INCREASE THE CURRENT EMERGENCY PURCHASE ORDER
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a
7 Common Council of the City of San Bernardino at a meeting
8 thereof,held on the day of , 2013, by the following vote,to wit: `n
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Council Members: AYES NAYS ABSTAIN ABSENT Q
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11 MARQUEZ
12 JENKINS
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13 VALDIVIA
14 SHORETT o
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KELLEY
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17 JOHNSON
18 MCCAMMACK
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20 Georgeann Hanna, City Clerk E
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21 The foregoing resolution is hereby approved this day of ,2013. Q
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23
Patrick J. Morris, Mayor a
24 City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
., 28 By:
Packet Pg. 396
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of_, 2013, by and
between CCS Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous a
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and in the best interest of the CITY to contract for the upgrade of the ventilation system in the
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cat shelter at 333 Chandler Street and; n
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available c
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vendors for upgrade of the ventilation system in the cat shelter at 333 Chandler Street; and
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WHEREAS, Vendor is the lowest bidder to provide said services to City; L
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NOW, THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES. L)
For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those products and services, including but not limited to repair and
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renovation of the cat shelter ventilation with accompanying engineering, as further set forth in q
Attachment"1"and Attachment"2"which are incorporated herein by this reference.
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2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$31,304 for the upgrade of the ventilation
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system in the cat shelter at 333 Chandler Street.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from 2013 through June 30, 2014.
Exhibit"A"
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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 amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, i
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death or property damage, based or n
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asserted upon any or alleged act or omission of Vendor, its employees, agents, or c
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subcontractors, relating to or in any way connected with the accomplishment of the work or ti
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performance of service under this Agreement, unless the bodily injury or property damage was L
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actually caused by the sole negligence of the City, its elected officials, employees, agents or
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its u
own expense, including attorney's fees the City, its elected officials, employees, agents or r
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representatives from any and all legal actions based upon such actual or alleged acts or <W
omissions. Vendor hereby waives any and all rights to any types of express or implied a
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indemnity against the City, its elected officials, employees, agents or representatives, with
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respect to third party claims against the Vendor relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE. a
While not restricting or limiting the foregoing, 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
Exhibit"A"
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Packet P9.'398
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as ar.
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, a
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin, N
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or Q
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. N
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the N
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of y
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment y
Compensation, and other payroll deductions for VENDOR and its officers, agents, and Q
employees, and all business license, if any are required, in connection with the services to be
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performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration a
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
Exhibit"A"
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unit&
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909)384-5140
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TO THE VENDOR: CCS Contractors
2493 Marsha Court
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Riverside, CA 92506
Telephone: 951-836-0698
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9. ATTORNEYS' FEES. E
In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, L
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of L
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or 0
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
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calculated based on market rate for comparable services. N
10. ASSIGNMENT.
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior c
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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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
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
Exhibit"A"
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Packif,ft,400
! 11. VENUE.
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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
mandatory and not permissive in nature.
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j 12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California. Cn
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13. SUCCESSORS AND ASSIGNS. E
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement ti
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and their respective heirs,representatives, successors, and assigns. L
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! 14. HEADINGS. L
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The subject headings of the sections of this Agreement are included for the purposes of 0
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convenience only and shall not affect the construction or the interpretation of any of its
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provisions. a
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15. SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to
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be invalid or unenforceable for any reason, such determination shall not affect the validity or
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enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force a
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
Exhibit"A"
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6.E.b
11 of this Agreement. This Agreement may be modified or amended only by a written instrumen
executed by all parties to this Agreement.
VENDOR SERVICE AGREEMENT
BETWEEN CCS CONTRACTORS, INC.AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: ,2013 CCS CONTRACTORS,INC. a
By:
Its:
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Dated , 2013 CITY OF SAN BERNARDINO c
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By:
Allen J. Parker, City Manager N
Approved as to Form: y
James F. Penman, City Attorney c
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Exhibit"A"
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CCS Contractors -Mechimical
MECHANICAL ENGINEERING GENERAL CARTER -G rteralCoi C- General Contractor
Serving Southern California Since 1980 Since 1940
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BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. 'D' Street
San Bernardino, Ca. 92408
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SERVICE ❑ CONTRACT v
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Invoice Number:
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P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter V
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Verbal COD RM Hand Carried Bestway =
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Quantity Item Code Description Price Each Amount w
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Phase 1 None ENGINEERING FOR CAT SHELTER AT 333 CHANDLER ST. p
SUBJECT; VENTILATION UPGRADE
AS AGREED,
j LAYOUT O
SHOP DRAWINGS FOR THE FIELD LOT $2,440.00 to
AUTO CADD M-SHEETS U
SUBMITTALS V
ENGINEERING/ARCHITECTUAL STAMP
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SUBTOTAL $2,440.00 a
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc.
TOTAL $2,440.00
2493 Marsha Ct. ;: '_.N HVAC LICENSE#:387513,C20,C43,C38,B
Riverside,CA 92506
Tel:(951)836-0698
Fax:(951)824-7522 Packet Pg.403
CCS Contractors
CARTER --General C l
MECHANICAL ENGINEERING GENERAL Engineering
General Contraeto;
Serving Southern California Since 1980 Since 1989
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BILL TO: SHIP TO:
City of San Bernardino Rick Moreno
300 No. 'D' Street
San Bernardino, Ca. 92408
SERVICE ❑ CONTRACT v
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Invoice Number:
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P.O. Number Terms Rep Ship Via F.O.B. Project
none Cat shelter o0
Verbal COD RM email Bestway C
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Quantity —1te... Gode Deseriptio6 Price Each Amount
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CONSTRUCTION IMPROVEMENTS FOR UPGRADED c
VENTILATION SERVING CAT SHELTER AT 333 CHANDLER �j
ST. `
(lot) None SUBJECT; VENTILATION UPGRADE, o
INCLUDING NEW EF-1 AND OTHER IMPROVEMENTS PER
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PROPOSAL DATED 08/20/2013 AND REVISIONS AS
DIRECTED BY OWNER PER THEIR REQUEST. U
AS AGREED.
Date August 20, 2013. U
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Payments to be initiated once a week per progression of LOT $28,860.00 N
Project until all totals have been noted.
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SUBTOTAL 28,860.00
SALES TAX
SHIPPING & HANDLING n/a
OTHER n/a
Please remit payment to:
CCS Contractors Inc.
N ( HVAC I LICENSE#: 387513,C20, C43,C38, B
2493 Marsha Ct. TOTAL $28,860.00
Riverside, CA 92506
Tel:(951)836-0698 Packet Pg.404