HomeMy WebLinkAbout17-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 1, 2005
Subject:
Resolution authorizing execution of a contract and issuance
of a Purchase Order to Gray fLC.E. Builders for
the cm Roof Replacement Project for the City of San
Bernardino.
From: James Sharer, Director
Dept: Facilities Management
MICC Meeting Date:
November 21,2005
Synopsis of Previous Council Action:
ORIGlNAL
Recommended Motion:
Adopt Resolution
Contact person: James Sharer
ames W. Sharer
Director of Facilities Management
Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s):
FUNDING REQUIREMENTS: Amount: $75,000.00 ($90,000
w/contingency)
Source: :
Park Construction Funds
243-363-5504
Barbara Pachon
Director of Finance
Council Notes:
Agenda Item No.
Rcso. 2C05- 3gr:;-
Nb. \ 1
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing execution of a contract and issuance of a Purchase Order to Gray ILCE.
Builders for the cm Roof Replacement Project for the City of San Bernardino.
BACKGROUND
The Center for Individual Development is a JP A with the County of San Bernardino to provide
recreational services to City and County participants at 8088 Palm Avenue, a site located in a
County pocket. This recreational site has an indoor swimming pool, or natatorium, that was built
to meet the current building codes of that time. Over the years, the users have not liked the
ventilation system to run while using the pool, and have manually shut it down. This has resulted
in extreme levels of heat and humidity to build up within the indoor pool building, which is quite
comfortable to the users.
During a roof inspection at the CID this spring, a large amount of deflection, or roof sag, was
noted over the natatorium. In September, Joe Lease, Building Official for the City of San
Bernardino, was called in to review the situation. Mr. Lease agreed with facilities staff that the
deflection was such that the pool could no longer be used. Facilities staff contacted a number of
contractors and found that Gray/ICE Builders was the most knowledgeable vendor in the area of
natatoriums. Kevin Griffin, Project Manager, was called in to review the project and provided
the attached quote to perform the needed repairs. If approved by the Mayor and Common
Council, this resolution will authorize this Negotiated Purchase with Gray/ICE Builders per
Municipal Code ~3.04.0l0 (B) (3). In this situation, the negotiated purchase is requested due to
the contractors knowledge and experience with Natatoriums.
This project will remove the roof over the natatorium and replace the wood substructure as
needed. It will also include the installation of interlocks on the pool equipment so that the
ventilation equipment runs automatically. The budget provided is a rough budget only, as the
contractor can only estimate the damage done to the large glue-lam beams. The 12" wood truss
joists are connected to the glue-lam beams by hangers, and it appears the galvanic protection on
the hangers has oxidized and exhibits rusting, the depth of degradation unable to ascertain with
this inspection. A standard joist bar cross-bracing was observed, it appeared to be in better shape.
From what was observed the members of the roofing section and insulation installation is per as-
built plan. The Alcoa ceiling does have hangers attached to the joists, the hat channel connected
to the bottom of the glue-lams appear to be sufficient to keep the ceiling from reflecting the
sagging. With this inspection, the state of the glue-lams was not ascertained.
Staff recommends issuing a contract to Gray/ICE Builders.
FINANCIAL IMPACT
This Project is not identified in the City of San Bernardino Capital Improvement Program. The
project cost of $75,000 plus $15,000 contingency will be funded by using Park Construction
Funds, in account number 243-363-5504 (Construction). The Parks and Recreation Department
will seek reimbursement from the County for this expense; however, there is no guarantee that
the County will make the reimbursement.
RECOMMENDA nON
Adopt Resolution
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~~~y
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
AND ISSUANCE OF A PURCHASE ORDER TO GRA YII.C.E. BUILDERS INC.
FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT (CID)
NATATORIUM ROOF REPLACEMENT PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Gray/I.C.E. Builders Inc. is the only known natatorium
contractor for the Center for Individual Development (CID) Roof Replacement Project
at 8088 Palm A venue in the County of San Bernardino. Under the terms of a negotiated
purchase, the Mayor is hereby authorized to execute a contract to said Contractor in a
total amount of $75,000.00, with a contingency amount of $15,000.00, a copy of the
contract is attached hereto as Exhibit A and incorporated herein. Such award shall be
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Administrative Services Manager in the Finance Department is hereby authorized and
effective only upon said contract being fully executed by both parties. The
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directed to issue a Purchase Order which references this resolution to said Contractor in
19 the amount of$75,000.00.
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SECTION 2. Any amendment or modification thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall be
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obligated hereunder until the time of such full execution. No oral agreements,
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amendments, modifications or waivers are intended or authorized and shall not be
implied from any act or course of conduct of any party. This resolution is rescinded if
the parties to the contract fail to execute it within sixty (60) days of the passage of this
resolution.
'110. /1. .
/1/ZI!{)6'
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH
2 AND ISSUANCE OF A PURCHASE ORDER TO GRA YII.C.E. BUILDERS INC.
3 FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT (CID)
NATATORIUM ROOF REPLACEMENT PROJECT.
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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
6 meeting thereof, held on the day of , 2005, by the
following vote, to wit:
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8 Council Members: A YES NA YS ABSTAIN ABSENT
9 ESTRADA
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LONGVILLE
MCGINNIS
DERRY
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KELLEY
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19 The foregoing resolution is hereby approved this
20 2005.
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
day of
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25 Approved as to form and legal content:
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Judith Valles, Mayor
City of San Bernardino
Exhibit "A"
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 2005, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Gray-LC.E. Builders, Inc., hereinafter referred to as "CONTRACTOR".
WITNESSETH
WHEREAS, City desires to engage a contractor for the cm Roof Replacement Project at 8088 Palm
A venue, in the County of San Bernardino, California; and
WHEREAS, Contractor is a licensed building contractor qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the
terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
I. SCOPE OF SERVICES
Contractor shall perform those services specified in Request for Proposal dated September 23,
2005, and as contained in the proposal dated September 29, 2005, a copy of which is attached
hereto as Exhibit "1", and all of which are incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Contractor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Contractor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4.CHANGES/EXTRA SERVICES
A. Performance of the work specified in the Request for Proposal dated September 23,2005,
are 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 considered
as additional tasks and 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, Contractor shall render no extra services under this Agreement unless City authorizes
such extra services in writing prior to performance of such work. Authorized extra
services shall be invoiced based on the authorized additional task amounts,
Exhibit "A"
5. COMPENSA TION
A. Upon satisfactory completion of the work, the Contractor will be paid time and material
not to exceed $75,000.00 in arrears, for all work and services performed under this
contract and upon receipt of itemized invoices, submitted in triplicate to the contract
manager. The invoice amount will be based on the actual work performed by task.
Contractor will submit an invoice to the City upon completion of each building or at the
completion of the project. . ·
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Contractor shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Contractor.
Any adjustment of the total 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.
C. The Contractor is required to comply with all Federal, State and local. laws and
. . .
ordinances applicable to the work. The Contractor is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Contractor to City and shall be paid by City within twe'!!y (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 of resolution of such dispute shall be initiated by the City within (10) days
of notice of such dispute. All tasks as specified in Exhibit" 1" shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Facilities Management of 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
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Exhibit "A"
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINA TION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay
Contractor for all the fees, charges and services performed to City's satisfaction by
Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor
hereby covenants and agrees that upon termination of this Agreement for any reason,
Contractor will preserve and make immediately available to the City, or its designated
representatives, maps, notes, correspondence, or records related to work paid for by the
. City and required for its timely completion, and to fully cooperate with City so that the
. work to be accomplished under this Agreement may continue within forty-five (45) days
of termination. Any subsequent use of such inGomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Contractor from any claims, losses, costs, including attorney's
fees and liability arising out of such use. Contractor shall be compensated for such
services in accordance with Exhibit" I".
B. This Agreement may be terminated for the convenience.,Qf the CitY- upon thirty (30) days
written notice to Contractor. Upon such notice, Contractor shall provide work product to
City, and City shall compensate Contractor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Contractor such extensions of
time and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Contractor shall notify City within three (3) days in
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Exhibit "A"
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
II. INDEPENDENT CONTRACTOR
Contractor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Contractor shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Contractor and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Contractor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Contractor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Contractor and City:
CONTRACTOR
CITY
Kevin Griffin
Gray-I.C.E. Builders, Inc.
428 E. Cerritos Ave
Anaheim, CA 92805
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Contractor may reasonably rely upon the accuracy of data proyided by the City or its
agents." -
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected _ with the performance of the contract
pursuant to Government Code Section 8546.7, the Contractor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
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Exhibit "A"
. All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Contractor that are pertinent to
the contract for audits, examinations, excerpts, and transactions, and copies thereof
shall be furnished if requested.
15. HOLD HARMLESS CLAUSE
A. Contractor shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Contractor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense 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.
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16. INDEMNITY
Contractor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Contractor's negligent performance of servic.es under this Agreement.
Contractor shall not be responsible for, and ,City sha1l indemnify, defend, and hold harmless
Contractor from and against, any and a1l claims, derJ;ands, suits; actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities of, by or with respect to third parties, which arise from the City's negligent
performance under this Agreement. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from
the joint or concurrent negligence of Contractor and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
17. LIABILITY/INSURANCE
Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Contractor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Contractor performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days written
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Exhibil"A"
notice from the insurer to the City prior to any change or cancellation of any insurance policy of the
Contractor.
A. Comprehensive General Liability and Automobile Insurance. The Contractor shall
maintain comprehensive general liability and automobile liability insurance with a combined
single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Contractor shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Contractor.
18. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
III
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Exhibit "An
AGREEMENT FOR Services with Gray-LC.E. Builders, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles, Mayor
City of San Bernardino
Gray-I.C.E. Builders, Inc.
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
~ "~c4J
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EXHIBIT 1
City of San Bernardino
Facilities Management
Request for Proposal
Proposal Request No: N/A
Project Title:
Center for Individual Development - 8088 Palm Lane
Natatorium Roof Structure Rebuild & Re-roofinl? Proiect
Contractor:
Gray/I.C.E. .
Mr. Kevin Griffin - Project Manager
421 East Cerritos Avenue
Anaheim, CA 92805
This is neither a Purchase Order nor a direction to proceed with the work described herein,
this is a request for a proposal. Please submit an itemized quotation for the below-described
work associated with the above Project. Please direct any questions to the City Facilities
Project Manager.
Description: The 12" wood truss joists in the roofing system over the natatorium is exhibiting a
"sagging" deflection. Attached herewith is a set of the original construction drawings for the facility. In
an expeditious fashion the City requires the following to be performed:
.
. IJ1Spect existing system that suspends the ex,isting Alcoa ceiling, if safety of site allows, leave in place as : .
below described work is performed. In sequenced demolition and rebuilding as safety allows - working
from the wall towards the ridge:
. Remove and dispose existing 3-tab shingle and asphalt membrane roofing.
. Remove and dispose the existing W' plywood substrate
. Remove and dispose the wood truss joists and hangers
. Remove and dispose foil backed R-19 insulation currently injoists
. Remove and dispose bar truss joists cross-bracing
. Install replacement galvanic hangers and wood truss joists matching original design specifications
in materials size, nailing and spacing. (provide alternative price for hangers joists rated for humid
locations) Acceptable manufacturers: Hangers, Simpson Strong Tie. Joists, TrusJoist. Or equal
. Install truss joist cross-bracing matching original design specifications (provide alternative price
for bracing rated for humid locations). Acceptable manufacturers: Simpson Strong Tie. Or equal
. Inspect Johns Manville poly-encapsulated R-19 Batt insulation currently installed on top of Aloca
ceiling, replace where poly-encapsulation is brittle or perforated.
. Install Johns Manville poly-encapsulated formaldehyde free R-19 Batt insulation in the new
joists.
. Install new COX \1," plywood matching original design specifications (provide alternative price
to provide marine grade plywood)
. Install new roofing system upon completion of plywood substrate installation:
Facilities Management - Projects
EXHIBIT 1
City of San Bernardino
Facilities Management
Asphalt Shingles: "Dimensional" Mineral-surfaced, self-sealing, laminated multi-ply
overlay construction fiberglass based strip shingle complying with ASTM 0 3018
Type I, self-sealing, bearing Class A external fire exposure label and meeting ASTM
03161 for wind resistance (rated 60MPH). Color will be to match existing.
Underlayment: ASTM 0226; I-ply No. 30 un perforated asphalt saturated felts.
Acceptable Shingle Manufacturers: Celotex Corporation; GAF Corporation; Georgia
Pacific, Owens Corning, or equal.
Not to Exceed Time and Materials Quote:
Alternatives:
. Provide quote to install Dupont Tyvek CommercialWrap moisture barrier on the bottom of the
wood truss joists - barrier facing towards interior.
$
Additional Cost: $
. Provide quote: in lieu of standard G90 use HDG galvanic protected hangers and bracing.
Additional Cost: $
. Provide quote to provide wood truss joists rated for humid locations.
Additional Cost: $
. Provide quote to provide marine grade plywood.
Additional Cost:
$
'.
. Provide recommendation and quote to proyide vandal resistant passive venting system.
Additional Cost: $
Existing Facilities: Protect in place, cover and secure pool with 6-mil visqueen. Only perform work
per day that can be secured from exterior each night
Refuse Disposal: City will provide bins for materials from demolition
Hazardous Waste: Not a part of project, if identified immediately stop!!otify City. --,
Terms and Conditions: Standard City Purchase Order T&C, specific information pertaining to
located on the City web site, or can- be obtained from Purchasing
Manager.
Attachments: Blu print set of facility construction drawings.
Signature:
Date: September 23. 2005
David M. Taylor
Project Manager-Facilities Management
cc. James Sharer, Director of Facilities Management
Facilities Management - Projects
.Gray
September 29, 2005
Mr. David Taylor
City of San Bernardino
300 N. D Street
San Bernardino, CA 92418
909- 384- 5244
Re: Center for Individual Development
Natatorium Roof Structure Rebuild & Reroofing Project
8088 Palm Lane, San Bernardino
Subject:
Preliminary Rough Budget
Dear Mr. Taylor:
EXHIBIT 1
Based on provided photos and drawings of existing construction regarding the-above
location, ICE Builders, Inc. has established a rough budget as follows:
Option #1 - To repair 113 of the roof area
Option #2 - To remove & replace existing roof utilizing
existing interior alcoa ceiling
approx. $25,000.00
approx. $75,000.00
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This does not include unforeseen conditions or field e)(amination from trade
subcontractors.
Sincerely,
Kevin Griffin
Project Manager
Ipk
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