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HomeMy WebLinkAbout2014-419 I RESOLUTION NO. 2014-419 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 4 AMENDMENT NO. 1 TO THE VENDOR SERVICES AGREEMENT WITH CALIFORNIA COMMERCIAL POOLS AND AUTHORIZING THE DIRECTOR OF 5 FINANCE TO ISSUE A PURCHASE ORDER TO CALIFORNIA COMMERCIAL POOLS IN THE AMOUNT OF $123,000. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: s SECTION 1. That the City Manager is hereby authorized to execute Amendment Number 9 10 One to the Vendor Services Agreement Between the City of San Bernardino and California 11 Commercial Pools for construction of splash pads located at Tom Minor and Anne Shirrells 12 Park, attached hereto as Exhibit "A" and incorporated herein by this reference as though set 13 forth fully at length. 14 SECTION 2. The Director of Finance, or his/her designee, is hereby authorized to issue a 15 Purchase Order for California Commercial Pool in the amount of$123,000. 16 17 SECTION 3. The authorization to execute the above-referenced Amendment and issue the 18 above-referenced Purchase Order is rescinded if not executed or issued within sixty (60) days 19 of the passage of this Resolution. 20 /// 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 2 AMENDMENT NO. 1 TO THE VENDOR SERVICES AGREEMENT WITH 3 CALIFORNIA COMMERCIAL POOLS AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO CALIFORNIA COMMERCIAL 4 POOLS IN THE AMOUNT OF $123,000. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 15th day of December, 2014, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 16 JOHNSON X 17 MULVIHILL X 18 19 George t Hanna, y Clerk 20 The foregoing Resolution is hereby approved this�—day of December, 2014. 21 ' 22 R. CAREY DA IS, Mayor 23 City of San B ardino Approved as to form: 24 GARY D. SAENZ, City Attorney 25 26 By: 27 28 2 2014-419 AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS This Amendment Number One (the "First Amendment") is entered into this 15th day of December , 2014, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); AND, California Commercial Pools, a corporation incorporated under the laws of the State of California and having its principal place of business at 2255 E Auto Center Drive in Glendora, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, in June of 2011 the CITY and VENDOR entered into that certain Agreement titled VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS (the "Agreement") for CONSTRUCTION OF SPLASH PADS AND WATER PLAY FACILITIES AT TOM MINOR, DELMANN HEIGHTS, AND ANNE SHIRRELLS PARKS; and, WHEREAS, CITY and VENDOR desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, WHEREAS, in August 2012 the CITY filed a Chapter 9 bankruptcy petition; and, WHEREAS, since August 2012 the splash pads and water play facilities constructed by VENDOR have been vandalized and many are inoperable; and, WHEREAS, the CITY desires to complete the construction of the splash pads and water play facilities and also make previously constructed splash pads and water play facilities operable; and, WHEREAS, the VENDOR is in a unique position to complete the construction and repair the previously constructed splash pads and water play facilities. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND[VENDOR NAME[ FOR[DESCRIPTION OF VENDOR SERVICE[ Page 1 of 4 2014-419 1. The recitals above contain information which are material to this Amendment, are declared by the Parties to be true and correct, and the recitals set forth above are incorporated herein as if set forth fully at length. 2. Section 2—Compensation and Expenses, shall be amended to read as follows: "a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid submittal for VENDOR attached hereto as Exhibit "B" and incorporated herein as though set forth fully at length, an amount not to exceed $416,841, for the construction of three splash pads at Tom Minor, Delmann Heights, and Anne Shirrells Parks and improvements at existing City water play facilities. b. For the services delineated in the December 3, 2014 Cost Proposal, attached as Attachment "1" to AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS and incorporated herein as though set forth fully at length, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the terms of the bid submittal and Attachment "1," an amount not to exceed $123,000 for the completion of construction of three splash pads at Tom Minor, Delmann Heights, and Anne Shirrells Parks, improvements at existing City water play facilities, and repair and replacement of previously constructed splash pads and previously existing City water play facilities. C. Under no circumstances shall any amount paid to VENDOR pursuant to subsection b of this Section be applied, credited, or otherwise used to compensate VENDOR for any work undertaken, services provided, or materials used prior to the date the City filed its Chapter 9 bankruptcy petition. d. No other expenditures made by VENDOR shall be reimbursed by CITY." 3. Section 3 —Term; Termination, shall be amended to read as follows: "The term of this Agreement shall be from July 1, 2011 through June 30, 2015. 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 parties on or before the date of expiration of the current term of the Agreement." 4. Section 9—Notices, shall be amended to read as follows: "Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48)hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IVENDOR NAMEI FOR IDESCRIPTION OF VENDOR SERVICEI Page 2 of 4 2014-419 TO THE CITY: TO THE VENDOR: Director of Parks California Commercial Pools 201 N. "E" Street, Ste. 301 2255 E. Auto Center Drive San Bernardino, CA 92401 Glendora, CA 91740 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section." /// /// VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [VENDOR NAME] FOR[DESCRIPTION OF VENDOR SERVICE] Page 3 of 4 2014-419 AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 52014 VENDOR: California Commercial Pools By: Its: Dated , 2014 CITY OF SAN BERNARDINO By: Allen Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [VENDOR NAME] FOR[DESCRIPTION OF VENDOR SERVICE] Page 4 of 4 ATTACHMENT 1 2014-419 E A L I F 0 R N I A commercial pools DATE: December 3, 2014 TO: Steve Graham -City of San Bernardino RE: Anne Shirrells/Tom Minor Parks FROM: Jason Jackson Cost Proposal We are pleased to submit a cost proposal for the above referenced project. We have prepared the following scope of work to help clarify our bid intentions. We look forward to discussing the details of our scope of work with you. TOTAL COST $ 123,000.00 Please feel free to call me with any questions you may have. Best regards, Z B. Jackson 2255 E Auto Centre Dr. Glendora CA 91740 P 909.394.1280 F 909.394.4579 CA. LIC. 415172 2014-419 ANNE SHIRRELLS/TOM MINOR PARKS REPAIRS California Commercial Pools has more than 33 years of experience building award- winning commercial projects. We are a current holder of a State of California "B" and "C-53" license. This proposal and scope of work shall be made an attachment to any subsequent contracts or other agreements. The following information will outline our proposed scope of work. All work shall be completed in accordance with the project plans and specifications using generally accepted construction methods and practices. Anne Shirrells Park Tom Minor Park SCOPE OF WORK California Commercial Pools (CCP)will repair all water toys installed at Anne Shirrells and Tom Minor Park under the agreement of June 20, 2011 to good working order by April 1, 2015. Below is a brief description and additional detail of items/work included in this proposal for both locations. INCLUSIONS • CCP will repair any broken or damaged toys. This will include providing new parts from the manufacture that have been lost, stolen, or removed. Items that cannot be replaced will be repaired on-site to the best of our ability based on the conditions. • CCP will repair as needed and or replace any valves. These parks are designed to run of domestic water pressure that is available on-site. We will fix and replace valves and make the proper adjustments so that all systems function properly based on the domestic pressure provided at each site. • We have been told that flooding occurs at both splash pads. CCP will install additional drainage to help with the flooding in these grass areas. • Many of the toys have been damaged or vandalized which has compromised some of the finishes on the toys. We will repaint or touch-up any of those toys that have been affected. These toys cannot be sent back to the manufacture so these repairs will take place in the field to the best of our ability. • CCP will check and repair all electrical systems and low voltage at Anne Shirrells Park. There is no electrical at Tom Minor Park. • We have scheduled for the original manufacture to come visit the site upon completion to review and sign off on our work. This factory sign-off form will be provided to the City of San Bernardino upon completion. • CCP will provide training to city personnel as well as maintenance procedures. • CCP will pressure wash all the concrete and toys. • CCP will provide new drain covers at the drain locations in the concrete pad. • CCP will provide a full time supervision and labor to perform this work. We will complete this work prior to the April 1s', 2015 deadline. EXCLUSIONS • Design and engineering • Health department approvals and fees • Inspection and testing fees ■ Backflow prevention device (Our POC is after the RPBFP) ■ Utilities: gas, water, and sewer lines ■ Cost of water ■ Fencing permanent and temporary 2 12/3/2014 2014-419 AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS This Amendment Number One (the "First Amendment") is entered into this 15th day of December , 2014, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); AND, California Commercial Pools, a corporation incorporated under the laws of the State of California and having its principal place of business at 2255 E Auto Center Drive in Glendora, California(the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, in June of 2011 the CITY and VENDOR entered into that certain Agreement titled VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS (the "Agreement") for CONSTRUCTION OF SPLASH PADS AND WATER PLAY FACILITIES AT TOM MINOR, DELMANN HEIGHTS, AND ANNE SHIRRELLS PARKS; and, WHEREAS, CITY and VENDOR desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, WHEREAS, in August 2012 the CITY filed a Chapter 9 bankruptcy petition; and, WHEREAS, since August 2012 the splash pads and water play facilities constructed by VENDOR have been vandalized and many are inoperable; and, WHEREAS, the CITY desires to complete the construction of the splash pads and water play facilities and also make previously constructed splash pads and water play facilities operable; and, WHEREAS, the VENDOR is in a unique position to complete the construction and repair the previously constructed splash pads and water play facilities. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 1VENDOR NAMES FOR[DESCRIPTION OF VENDOR SERVICE Page I of 4 2014-419 1. The recitals above contain information which are material to this Amendment, are declared by the Parties to be true and correct, and the recitals set forth above are incorporated herein as if set forth fully at length. 2. Section 2—Compensation and Expenses, shall be amended to read as follows: "a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the bid submittal for VENDOR attached hereto as Exhibit "B" and incorporated herein as though set forth fully at length, an amount not to exceed $416,841, for the construction of three splash pads at Tom Minor, Delmann Heights, and Anne Shirrells Parks and improvements at existing City water play facilities. b. For the services delineated in the December 3, 2014 Cost Proposal, attached as Attachment "1" to AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS and incorporated herein as though set forth fully at length, the CITY, upon presentation of an invoice, shall pay the VENDOR, pursuant to the terms of the bid submittal and Attachment "l," an amount not to exceed $123,000 for the completion of construction of three splash pads at Tom Minor,4e4owiff 4 eiglrta, and Anne Shirrells Parks, improvements at existing City water play facilities, and repair and replacement of previously constructed splash pads and previously existing City water play facilities. C. Under no circumstances shall any amount paid to VENDOR pursuant to subsection b of this Section be applied, credited, or otherwise used to compensate VENDOR for any work undertaken, services provided, or materials used prior to the date the City filed its Chapter 9 bankruptcy petition. d. No other expenditures made by VENDOR shall be reimbursed by CITY." 3. Section 3 —Term; Termination, shall be amended to read as follows: "The term of this Agreement shall be from July 1, 2011 through June 30, 2015. 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 parties on or before the date of expiration of the current term of the Agreement." 4. Section 9—Notices, shall be amended to read as follows: "Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48)hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [VENDOR NAME] FOR 1DESCRIPTION OF VENDOR SERVICE] Page 2 of 4 2014-419 TO THE CITY: TO THE VENDOR: Director of Parks California Commercial Pools 201 N. "E" Street, Ste. 301 2255 E. Auto Center Drive San Bernardino, CA 92401 Glendora, CA 91740 Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section." /// /// VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [VENDOR NAME] FOR DESCRIPTION OF VENDOR SERVICE Page 3 of 4 2014-419 AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMMERCIAL POOLS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2014 VENDOR: California Commercial Pools Its: Dated /%z /` , 2014 CITY OF SAN BERNARDINO By: Al Parker, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney w By: VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND (VENDOR NAME] FOR[DESCRIPTION OF VENDOR SERVICE] Page 4 of 4 ATTACHMENT 1 2014-419 E A L I F 0 R N I A commercial pools DATE: December 3, 2014 TO: Steve Graham-City of San Bernardino RE: Anne Shirrells/Tom Minor Parks FROM: Jason Jackson Cost Proposal We are pleased to submit a cost proposal for the above referenced project. We have prepared the following scope of work to help clarify our bid intentions. We look forward to discussing the details of our scope of work with you. TOTAL COST $ 123,000.00 Please feel free to call me with any questions you may have. Best regards, ZB. Jackson 2255 E Auto Centre Dr. Glendora CA 91740 P 909394.1280 F 909.394.4579 CA, LIC. 415172 2014-419 ANNE SHIRRELLS /TOM MINOR PARKS REPAIRS California Commercial Pools has more than 33 years of experience building award- winning commercial projects. We are a current holder of a State of California "B" and "C-53" license. This proposal and scope of work shall be made an attachment to any subsequent contracts or other agreements. The following information will outline our proposed scope of work. All work shall be completed in accordance with the project plans and specifications using generally accepted construction methods and practices. Anne Shirrells Park Tom Minor Park SCOPE OF WORK California Commercial Pools (CCP)will repair all water toys installed at Anne Shirrells and Tom Minor Park under the agreement of June 20, 2011 to good working order by April 1, 2015. Below is a brief description and additional detail of items/work included in this proposal for both locations. INCLUSIONS • CCP will repair any broken or damaged toys. This will include providing new parts from the manufacture that have been lost, stolen, or removed. Items that cannot be replaced will be repaired on-site to the best of our ability based on the conditions. • CCP will repair as needed and or replace any valves. These parks are designed to run of domestic water pressure that is available on-site. We will fix and replace valves and make the proper adjustments so that all systems function properly based on the domestic pressure provided at each site. • We have been told that flooding occurs at both splash pads. CCP will install additional drainage to help with the flooding in these grass areas. • Many of the toys have been damaged or vandalized which has compromised some of the finishes on the toys. We will repaint or touch-up any of those toys that have been affected. These toys cannot be sent back to the manufacture so these repairs will take place in the field to the best of our ability. • CCP will check and repair all electrical systems and low voltage at Anne Shirrells Park. There is no electrical at Tom Minor Park. • We have scheduled for the original manufacture to come visit the site upon completion to review and sign off on our work. This factory sign-off form will be provided to the City of San Bernardino upon completion. • CCP will provide training to city personnel as well as maintenance procedures. • CCP will pressure wash all the concrete and toys. • CCP will provide new drain covers at the drain locations in the concrete pad. • CCP will provide a full time supervision and labor to perform this work. We will complete this work prior to the April 1 s`, 2015 deadline. EXCLUSIONS • Design and engineering • Health department approvals and fees • Inspection and testing fees • Backflow prevention device(Our POC is after the RPBFP) • Utilities: gas, water, and sewer lines • Cost of water • Fencing permanent and temporary 2 12/3/2014