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HomeMy WebLinkAbout21-Police Department c ,- ~ c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Ariel General Contractor for the demolition and resurfacing of locker room showers in an amount not to exceed $46,775.49. MICC DATE: April 7, 2008 Dept: Police Department Date: March 26, 2008 Synopsis of Previous Council Action None Recommended Motion: Adopt Resolution. ~~ MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Ted Henson Phone: (909) 384-5609 Supporting data attached: Yes Staff Report/Resolution Ward: 1 FUNDING REQUIREMENTS: Amount: $46,775.49 SOURCE: 001-220-5505 $50,000 Council Notes: Finance Agenda Item No.~ q /7Jt>i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT c SUBJECT Resolution of the Mayor and Common Council authorizing the execution of an agreement and issuance of a purchase order to Ariel General Contractor for the demolition and resurfacing of shower stalls in the Police station locker room. BACKGROUND There are five tile shower stalls in the Police station locker room. Over time, moisture has penetrated the grout between tiles causing swelling of the substrate which resulted in broken and buckled tiles. Broken and damaged tiles allow the penetration of water causing increased and unseen damage to the wall and promote the accumulation and growth of mold and harmful bacteria. The spread of bacteria, specifically the "Staph Super Bug" also known as MRSA (Methicillin-Resistant Staphylococcus Aureus), is of particular concern among public safety and law enforcement agencies. Locker rooms and public showers are considered by the Center for Disease Control to be "high-risk" locations where MRSA and other anti-biotic resistant bacteria may develop. As a result, specifications were developed to replace the damaged shower tile with Corian (by Dupont). Corian material is non-porous, easy to clean and maintain and does not promote the growth of mold and mildew. On February 6, 2008, Request for Quote F-08-17 was advertised in the San Bernardino Sun, on the City's _ web site and with the Chamber of Commerce. Bid packages were requested and mailed to 21 vendors. On I...... March 11, 2008 the following four qualified bids were opened and reviewed: VENDOR LABOR MATERIALS OTHER TOTAL Ariel General Contractor, Murrieta Ca. $30,398.67 $4,765.88 $6,610.94 $41,775.49 Dalke & Sons Construction, Riverside, Ca. $23,610.60 $23,212.41 $1,856.99 $48,680.00 MW Builders, San Bernardino, Ca. $25,284.00 $29,500.00 o $57,784.00 Ranio Contractors, Colton, Ca. $41,684.04 $11,024.12 $642.50 $53,350.66 MW Builders of San Bernardino, Ca., received a 1 % local vendor preference which did not change the bid outcome. Furthermore, MW Builders' did not bid as specified with regard to the construction of the shower pan. Ariel General Contractor submitted the lowest responsible bid of $41 ,775.49. A $5000 contingency is requested in addition to the bid amount to cover unanticipated costs to repair unseen damage or provide mold treatment. The Police Department requests that a purchase order be issued to Ariel General Contractor in an amount not to exceed $46,775.49. FINANCIAL IMPACT The Police Department's FY 07/08 budget includes $50,000 from carryover funding that was approved for the renovation of the locker room showers. RECOMMENDATION .- . Adopt resolution. "- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXEC;UTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO ARIEL GENERAL CONTRACTOR FOR THE DEMOLITION AND RESURFACING OF LOCKER ROOM SHOWERS IN AN AMOUNT NOT TO EXCEED $46,775.49. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: That the City Manager is authorized to execute on behalf of the City an agreement between the City of San Bernardino and Ariel General Contractor, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2: The authorization to execute the agreement referenced as Exhibit "A" is rescinded if not executed within (60) days of the date of passage of this resolution. SECTION 3: That the Purchasing Manager is directed to issue a purchase order to Ariel General Contractor in an amount not to exceed $46,775.49. The Purchase Order shall reference this Resolution No. 2007-_ and shall read, Demolition and Resurfacing of Showers, total not to exceed $46,775.49. SECTION 4: The authorization to execute the above referenced Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III III III III lUo. ;21 III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO ARIEL GENERAL CONTRACTOR FOR THE DEMOLITION AND RESURFACING OF SHOWERS IN AN AMOUNT NOT TO EXCEED $46,775.49. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting , 2008, by the following vote, to thereof, held on the day of wit: Abstain Absent Council Members Aves Navs ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino 25 26 27 ~~ r'~ 28 :Yes F. Penman, City Attorney Approved as to form: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, by and between Ariel General Contractor and the City of San Bernardino ("CITY" or "San Bernardino"). WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for demolition and resurfacing of showers in the Police locker room; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for demolition and resurfacing of the showers. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on the Standard Guidelines, attached hereto as Schedule "B" and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amounts as set forth in Schedule "B". b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. This Agreement may be terminated by either party at any time upon thirty (30) days' written notice. The terms of this Agreement shall remain in force unless mutually amended. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. S. INSURANCE. 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 workers' compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 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 of any change or termination in the policy. 6. NON-DISCRIMINATION. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses, or shall obtain and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 3 1 2 3 4 5 6 7 TO THE CITY: TO THE VENDOR: Fred Wilson, City Manager City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 United States Telephone: (909) 384-5122 Antonio Melendez, Owner Arie1 General Contractor 24411 Oakridge Circle Murrieta, CA 92562 United States Telephone: (951) 696-1164 8 10. ATTORNEYS' FEES 9 10 11 12 13 14 15 16 In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes ofthis paragraph. 17 11. 18 19 ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 20 21 22 23 24 25 26 27 28 written consent. Any attempted assigmnent, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assigmnent shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provlSlons. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT ARIEL GENERAL CONTRACTOR This Agreement constitutes the entire agreement and the nnderstanding between the parties, and supersedes any prior agreements and nnderstandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated ,2007 ARlEL GENERAL CONTRACTOR By: Its: ,2007 CITY OF SAN BERNARDINO By: Approved as to Form: Fred Wilson, City Manager 7-, F. Penman, City Attorney 6 ~He:f)ULE 8 City of San Bernardino TECHNICAL SPECIFICATIONS RPQ F-08-17 DEMO AND RESURFACE LOCKER ROOM SHOWERS. NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID Category I ACCEPTABLE I AS SPECIFIED There are four standard and one handicapped TILE showers in the Police Department (men',) locker room. Over time, moisture has penetrated the grout surrounding these tiles causing swelling of the substrate (backer board) which resulted in buckled and broken tiles. The Police Department is requesting bids to remove ^tc...~~\e./fMt. s~u<.r~ the existing shower tile, replace the damaged substrate with moisture resistant materials and resurface the interior of the shower with Dupont Corian@ brand solid surface materials. 1. SCOPE Remove all hardware including faucet handles, showerheads, trays and drain covers. At aU times there must be safeguards in place to prevent any debris from going down the shower drains. All drainpipes must be covered and sealed during construction. Remove and dispose of existing tile from interior walls and floors of shower stalls including any damaged substrate. Replace damaged substrate and prepare walls and floors to receive Dupont Corian@ material. Install Dupont Corian@ on shower pan and walls and seal all joints with water-resistant material. The transition between new materials and existing tile work should be smooth with attention given to maintain aesthetic appearance. The application of Dupont Corian@ in the shower pan must provide sufficient slope for adequate drainage. Install new commercial shower systems: . (4) Symmons .V;su-Temp" model 1-100VT-E showerhead and valve. . (1) Symmons .V;su-Temp" model 1-1HVT-FS showerhead and valve for the handicap shower. Install new stainless steel drain covers, soap trays and shower rods. Handicapped shower will require re-installation of seating bench and railing as currently equipped for A.DA compliance. SHOWER DIMENSIONS: (4) Standard: 94" H x 35 Y." W x 50" D (1) Handicapped: 94" H x 43" W x 50" D p..a-~J>b\e.. I ~& ~~:!.t~J. 2. MATERIAL SPECIFICATIONS Only Dupont Corian@ (3/8"-1/2" thickness) will be acceptable. Only Symmons .Visu-Temp" brand showerhead and valves will be acceptable. 3. OTHER Vendor to carry $1,000,000 liability insurance as required by the City of San Bernardino. City Business License must be obtained. See General Specifications #36. Labor charges to be calculated at the prevailing wage. Bids will be itemized and include all charges for necessary materials, installation, labor, freight and taxes associated with completion of the project. All materials and workmanship to be warranted against defects for a period of 5 years. All work and clean up must be completed in a time frame not to exceed thirty (30) days from commencement of the project. Note: Due to the high daily use of this area, completion of the job should be coordinate~ so that at least 1 useable shower will be available for use during construction. A safe walking pass to the shower must be maintained at all times. 4. CLEANUP All construction debris to be cleaned up and removed from the site daily and all remaining space must be clean and safe. 5. DELIVERY Bids to include all costs associated with delivery of project materials and equipment as necessary for completion of the project. f>.cc..~~~"p~ { I<'s ~c..\e.ta:\ p.a-e\'~.:l\~ / fJ$ ~c..i,e..teJ N:..U.oyka's>\~ ( ks. ~~~<:..J ~a...~\<)Pk ( A"<:> <5i?eci.e."t~ .sCH~T>ULE 8 PRICE FORM REQUEST FOR QUOTES: DESCRIPTION OF RFQ: RFQ F-08-17 Demo and Resurface Locker Room Showers BUSINESS NAME/ADDRESS: Porte..\~'" c..\ c."",.w~~ ~\ ~'\."r.d.\~ ,l.:y..\<. \.1"".\'<"...., CIl'c- "'z.~'Z.. NAME OF AUTHORIZED REPRESENTATIVE (please print) ~~..... f,.4~t1n... TELEPHONE NO. "\<;.\- 1c"\1o- \\b;- Description: Price: 1. Labor (prevailing wage) ~ S,S"B -101. *4,1IpS ."&"tl 2. Materials 3. Installation 11>......c-...Mv..~l,. C-CH!S \- 11 2.'\ ,"!!ISo:. . 05>0:> 4. Freight 5. Sales Tax (8% where applicable) ~ ~_d ~-.-I.~ 1\1.- e- ".e<C..'II<~.....", iJ- LO,,!>\- . (attach additional sheets if needed) Are there any other additional or incidental costs that will be require meet the requirements of the Technical Specifications? Yes I No answered "Ves', please provide detail of said additional costs: our firm in order to . (circle one). If you Please indicate any elements of the Technical Specifications that cannot be met by your firm. _ N/~ Have you included in your bid all informational items and forms as requested? ~ I No (circle one). If you answered "No', please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable thirty (30) days. % days; unless otherwise stated, payment terms are: Net In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda waslwere received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: , Received on: ~/...l~ Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: AM-rto LA.-t.\......cb.. ~ DATE SIGNED: COMPANY NAME & ADDRESS: "D 1\01 O'b /1,,\e \ b-.,..r....\ U:>n~ 2..-t+\' o.........~~~ 0... UUl"~t~~ I ~<A- "t.Z--e>IoZ PHONE:~\-"'''''''-\\I..f FAX: ",\?\-Id\\,,-z..."iiS. IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: Ariel Geneml ConbadDr 24411 Oakridge Circle Murrieta, CA 92562 951-696-1164 #829062 Estimate Date Estimate # 3/10/2008 1 Customer Job Purchasing Division RFQ F-08-17 Customer Information Purchasing Division City of San Bemardino 300 North D Street San Bernardino, CA 92418 Description Qty Rate Amount Ceramic tile. Removal of ceramic tile. (25 SY per CY and 34 Ibs. per SY) Labor, per SY 61 26.84 1,637.24 Ceramic or quany tile floor covering demolition. Ceramic or quany tile, brick (200 SF per CY) Labor, per SF 68 6.10 414.80 Removal of gypsum wallboard. (250 SF per CY and 2.3 Ibs. per SF) Labor, per SF 549 1.22 669.78 Remove existing plumbing fixtures. Water closets, floor or wall mounted Labor, per Ea 5 45.93 229.65 Low-boy Dumping Fee. Hauling cost, per load Subcontract, per Ea 1 350.00 350.00 ! Gypsum drywall. 1/2 in. water-resistant green board,l per 4' x 8' sheet Material, per Ea : 18 9.76 175.68 Drywall screws. 1-5/8 in., 5-pound box of 1300 : Material, per Box 1 1 19.20 19.20 Drywall Installer j Labor, per 1 533.50 533.50 Shower stalls. Re-install Roll-in wheelchair stall and trim Labor, per Ea I 1 222.00 222.00 i Toilet accessories. Soap dishes, Institutional match /0 Corian Shower Material, per Ea 10 62.50 625.00 Labor, per Ea 10 11.30 113.00 Toilet accessories. Shower rod, end flanges, vinyl curtain 6' long, straight, Institutional Material, per Ea 5 59.20 296.00 Labor, per Ea 5 14.74 73.70 General non-distributable supervision and expense.Uob superintendent I Subcontract, per Mo I 4,580.00 4,580.00 1 Direct overhead. Small tools, supplies , Material, per M$ 1 450.00 450.00 Ariel General Contractor 24411 Oakridge Circle Murrieta, CA 92562 951-696-1164 Estimate #829062 ustomer Job Purchasing Division RFQ F-08-17 Description Qty Rate Amount . Direct overhead. Job site cleanup & debris removal Subcontract, per M$ 1 250.00 250.00 Subcontractor Plumbing - JC Plumbing Material, per f 1 3,200.00 3,200.00 Labor, per I 1 1,650.00 1,650.00 I Subcontractor DuPont Corian - Kustom Kounter TO~. Pearl Grey Group B , I Subcontract, per unit I 1 19,675.00 19,675.00 I I "Project Subtotal I 35,164.55 I I 8.00% OVerhead I 1 2,813.16 2,813.16 I I 10.00% Profit 1 3,797.77 3,797.77 "Markup Charges 6,610.94 *Project Total !I 41,775.49 I II !I ! 11 II :i il 'I .' i' I :i , :1 , i I :i :1 I II " :1 :! , : Total 41,775.48 - Date 3/1012008 C EstImate # 1