HomeMy WebLinkAbout25C - INSTALL FIRE ALARM SYSTEM AT SARTC REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
APRIL 5, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT TO INSTALL FIRE ALARM ? As Amended
? Ordinance on 15~ Reading
SYSTEM AT SANTA ANA REGIONAL ? Ordinance on 2"d Reading
TRANSPORTATION CENTER ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
( ~
~ ~ ~ ~--r.°..~-----.~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and the Clerk of the Council to execute the attached agreement
with SimplexGrinnell for the installation of a fire alarm system at the Santa Ana Regional
Transportation Center in the amount of $169,709, subject to non-substantive changes
approved by the City Manager and City Attorney.
2. Approve a Funding Analysis with a total estimated construction cost of $169,709.
DISCUSSION
The Santa Ana Regional Transportation Center is a transportation hub, combining Amtrak,
MetroLink, Orange County Transit Authority and other bus services with office space for various
state, county and city departments. Patronage at the facility has escalated in recent years to over
a million persons annually. The train station is in need of a fire alarm system to bring the facility in
compliance with state requirements.
In November 2008, the State of California Employment Development Department's Equal
Employment Opportunity (EEO) Office completed review of the Santa Ana Work Center offices
and noted the need for a visible and audible fire alarm system in the facility.
In response to this report, a request for proposals (RFP) was issued in December 2009 for
installation of a fire alarm system, which will meet ADA requirements. The RFP was posted on the
city website for approximately forty-two days. Two proposals were received and evaluated by
staff. A summary of offers received is as follows:
FIRM FEE
SimplexGrinnell $154,281
Edwards Systems Technology $158,463
25C-1
Agreement to Install Fire Alarm System at SARTC
April 5, 2010
Page 2
Bids were received and opened on January 20, 2010 and evaluated based on specifications and
pricing. Based on the information provided, the two firms that submitted proposals included
comparable scopes of work and both are qualified to install the fire alarm system. The bid
received by SimplexGrinnell is the lowest bid, responsive to the specifications and meets the City's
requirements.
ENVIRONMENTAL IMPACT
A Certification of Categorical Exclusion and Statutory Worksheet have been prepared in
accordance with the National Environmental Policy Act.
FISCAL IMPACT
The funding analysis shows a total estimated cost of $169,709. Funds are available in the
Community Development Block Grant -Other Contractual Services account (no. 1351878366220
- 07750901011).
APPROVED AS TO FUNDS AND ACCOUNTS:
-
Raul Go mez II Francisco Gutierrez ~
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
Cyn hia J. Nelso
Deputy City Manager for Development Services
Community Development Agency
CJN/GL/kg
Exhibit 1: Agreement
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CONTRACTOR AGREEMENT
INCORPORATING COMMUNITY DEVELOPMENT
BLOCK GRANT REQUIREMENTS
THIS AGREEMENT, made and entered into this 5~' day of April, 2010 by and between
SimplexGrinnell LP (hereinafter "Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
the provision and installation of a fire alarm system in order to gain compliance with the
Technical Assistance Review Report (TARR) issued by and through the State of
California Employment Development Department's Equal Employment Opportunity
Office.
B. The City, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant
("CDBG") Program, desires to enter this Agreement with the Contractor for the
expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal
Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and
C. Contractor represents that Contractor is not listed as debarred, is able and willing to
provide such services to the City, and will comply with the CDBG Reg's.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall provide and install a visible and audible fire alarm system at the Santa
Ana Regional Transportation Intermodal Center in order to meet comply with the TARR
pursuant to the Proposal and Plans, dated December 10, 2009, submitted by Contractor, attached
hereto and incorporated herein as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The contract amount for the services shall be One
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Hundred Fifty Four Thousand Two Hundred Eighty One Dollars ($154,281) with a 10%
contingency of Fifteen Thousand Four Hundred Twenty Eight Dollars ($15,428) for approved
and documented required and necessary work, subject to prior approval of the Deputy City
Manager.
b. The total sum to be expended under this Agreement shall not exceed One Hundred
Sixty Nine Thousand Seven Hundred Nine Dollars ($169,709.00) during the term of this
Agreement.
c. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on December
31, 2010, unless terminated earlier in accordance with Section 9, below. The term of this
Agreement may be extended upon a writing executed by the Deputy City Manager for
Development Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create anemployer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insureds) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
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including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles. j
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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
£ If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
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employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7. CONTRACTOR'S OBLIGATIONS
A. No Conflict. To the best of Contractor's knowledge, Contractor's execution, delivery
and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which Contractor is a party or by which it is bound.
B. No Bankruptcy. Contractor is not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal Proceedings/Debarment. Contractor is not the subject of a
current or threatened litigation that would or may materially affect Contractor's performance
under this Agreement. Contractor further acknowledges that it is not on the list of debarred
contractors.
D. No Pending Investigation. Contractor is not aware that it is the subject of any
current or threatened criminal or civil action investigation by any public agency, including
without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
E. Licensing. Contractor agrees to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Contractor shall ensure
that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing Contractor's operations hereunder.
F. Audit Report Requirements. Contractor agrees that if Contractor receives Three
Hundred Thousand Dollars ($300,000.00) or more in federal funds, Contractor shall have an annual
audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. Contractor shall provide City
with a copy of said audit by October 1 of the year following the program year in which this
Agreement is executed, if applicable.
4 Exhibit 1
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G. Record Keeping/Reporting. Contractor shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
H. Access to Records. City and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining Contractor's activities and
performance, to books, documents and papers, and the right to examine records of Contractor's
subcontractors, bookkeepers and accountants, employees and participants in regard to said program.
City and the United States Government and/or their representatives shall also schedule on-site
monitoring at their discretion. Monitoring activities may also include, but are not limited to,
questioning employees and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or in which any of the records
of Contractor are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
I. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Contractor and
all documents related to this Agreement shall be maintained and kept available at Contractor's
office or place of business for the duration of the Agreement and thereafter for four (4) years
after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a)
complaints, claims, administrative proceedings or litigation arising out of the performance of this
Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental
agency takes exception, shall be retained beyond the four (4) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. In the event Contractor does not
make the above-referenced documents available within the city of Santa Ana, California, Contractor
agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the
location where said records and books of account are maintained.
J. Confidentiality. Without prejudice to any other provisions of this Agreement, Contractor
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. However, Contractor
shall submit to City and or HUD or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by Contractor, costs incurred and
services rendered hereunder.
K. Lobbying. Contractor certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement. Contractor shall sign a certification to that effect in a form as set forth in
Exhibit C attached hereto and by this reference incorporated herein. Contractor shall submit said
signed certification to City prior to performing any of its obligations under this Agreement and prior
5 Exhibit 1
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25C-7
to any obligation arising on the part of City to pay any sums to Contractor under the terms and
conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions.
L. Financial Interest. Contractor agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to activities assisted under the terms of this Agreement, or who are in a
position to participate in adecision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from aCity-assisted activity of
Contractor, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. This prohibition applies to any person who is an employee
agent, Contractor, officer, or elected or appointed official of City, or of any designated public
agency, or the Contractor.
M. Dru Free Work lace. Contractor certifies that it has established the following drug-
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free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of Contractor will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of Contractor and City officials of any
criminal drug statute conviction for a violation occurring in the workplace not later
than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
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N. Nondiscrimination. Contractor agrees that no person on the ground of race, age,
color, national origin, religion or sex will be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or in
part with funds received pursuant to this Agreement. Contractor affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
O. Conflict of Interest. Contractor agrees that no officer, employee, agent or
assignee of City who was involved in the sale of said property, either directly or indirectly, shall
serve as an officer of Contractor. Further, any conflict or potential conflict of interest of any officer
of Contractor shall be fully disclosed in writing prior to the execution of this Agreement and said
writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by
Contractor to City regarding any changes or modifications to its board of directors and list of
officers.
P. Prohibition of Nepotism. Contractor agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Contractor. For the purposes of this section, the
term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-
in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
8. ASSIGNABILITY
None of the duties of, or work to be performed by, Contractor under this Agreement shall be
subcontracted or assigned to any agency, Contractor, or person without the prior written consent of
City. Contractor must submit all subcontracts and other agreements that relate to this Agreement to
City. No subcontract or assignment shall terminate or alter the legal obligations of Contractor
pursuant to this Agreement.
9. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, Contractor shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by City upon five (5) days' written
notice for violation by Contractor of Federal Laws governing the use of Community Development
Block Grant Funds. In the event of such suspension or termination, Contractor shall only be entitled
to reimbursement for approved expenses incurred up to the effective date of suspension or
termination.
C. Pursuant to 24 CFR 85.43, in the event Contractor defaults by failing to fulfill all or
any of its obligations hereunder, City may declare a default and termination of this Agreement by
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written notice to Contractor, which default and termination shall be effective on a date stated in the
notice which is to be not less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination stated in such notice. If
terminated for cause, City shall be relieved of fiu ther liability or responsibility under this
Agreement, or as a result of the termination thereof, including the payment of money, except for
payment for approved expenses incurred for services satisfactorily and timely performed prior to the
mailing or service of the notice of termination, and except for reimbursement of (1) any payments
made for services not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by City in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
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10. VENUE/JURISDICTION
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
11. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Deputy City Manager for Development Services
City of Santa Ana
8 Exhibit 1
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25C-10
20 Civic Center Plaza (M-25)
P.O. BOX 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor:
SimplexGrinnell
1701 W. Sequoia Ave.
Orange, CA 92868
(714) 870-1010 (x636)
13. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages
to Agency in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA
Maria D. Huizar DAVID N. REAM
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
JOSEPH W. FLETCHER SimplexGrinnell LP
City Attorney
By: By:
Lisa Storck Stephanie Rheaume
Assistant City Attorney Service Manager
Tax ID#
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