HomeMy WebLinkAbout2011-12-13; City Council; 20757; PREFABRICATED RESTROOM/STORAGE PINE AVE PARKCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.757
12/13/11
P&R
AUTHORIZATION TO PURCHASE A
PREFABRICATED
RESTROOM/STORAGE BUILDING FOR
PINE AVE. PARK
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER u>—
RECOMMENDED ACTION:
Adopt Resolution No. 2011-283 authorizing the purchase of a prefabricated restroom/storage building
for Pine Ave. Park from Nevada Restroom Facilities, LTD for unit B312STPS through the California
Multiple Award Schedule.
ITEM EXPLANATION:
Funds in the amount of $376,656 were appropriated in the Fiscal Year 2011-12 Capital Improvement
Program for the development of a restroom/storage building at Pine Ave. Park adjacent to the multi-
purpose field. The restroom has been requested by citizens who feel the current modular restroom is
located too far away from the multi-purpose field where most of the park users gather. The storage area
is needed to house leagues supplies such as bases, soccer nets, etc. This project was approved
through an amendment to the Pine Ave. Master Plan CUP 03-18(A), Planning Commission Resolution
5731 on September 15, 2004.
The CIP calls for and staff recommends purchasing a prefabricated unit rather than utilizing conventional
construction. This method is cost effective and will minimize closures of portions of the park compared to
conventional construction.
The prefabricated building will be constructed off site and will be concrete block with a stucco finish and
a sloped metal roof with color to match the Senior Center. The building will be indistinguishable from a
building constructed on site.
The building itself will be purchased through the California Multiple Award Schedule (CMAS)
procurement process. The City routinely purchases products using this process which is pre-vetted
through the Federal and State Government to assure competitive prices. The Purchasing Officer has
reviewed and approved this purchase in accordance with Carlsbad Municipal Code 3.28.100, which
allows for the purchase of goods or services through cooperative purchasing programs.
The CMAS process can only be used for purchasing the building itself, not for shipping, site preparation,
crane work, or inspection. This work will be issued under a separate public works project and
professional services agreements as dictated by the City's procurement code.
DEPARTMENT CONTACT: Mark Steyaert 760-434-2855 mark.stevaert(5).carlsbadca.gov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
FISCAL IMPACT:
Sufficient funds have been appropriated from the Public Facilities account for the Pine Ave.
Restroom/storage building in the amount of $376,656. This Agenda Bill only authorizes
purchase of the building (shaded area) however the chart outlines the anticipated total project
costs. There will be no net increase in maintenance costs as the existing modular restroom will
be closed and those savings used to maintain the new restroom/storage building.
ITEM COSTS EXPLANATION
Base California Multiple Award Schedule
price for the building - Model no.
B312STPS
$151,425 Block restroom with storage,
privacy walls, standard
fixtures
Additional enhancements $ 26,203 Stucco surface, tile floor,
Interior walls, ceramic toilets,
etc.
Total building purchase price $177,628
REMAINING PROJECT ITEMS COSTS EXPLANATIONS
Professional services agreements and
public works projects (estimate) to be
processed separately
$112,000 geotechnical report,
shipping, crane work, site
preparation, final hook up
15% Contingency on non-CMAS items $ 20,730
TOTAL PROJECT COST $310,358
TOTAL AVAILABLE BUDGET $376,356
Minus total project costs -$310,358
REMAINING AVAILABLE FUNDS $ 65,998
ENVIRONMENTAL IMPACT:
The Planning Director has determined this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301,
Existing Facilities, because it involves the minor alteration of an existing public facility.
EXHIBITS:
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Resolution No. 2011-283
Site Map
Floor Plan
Elevations
Proposal from Nevada Restrooms Facilities Ltd.
CMAS contract cover sheet
1 RESOLUTION NO. 2011-283
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AUTHORIZING THE PURCHASE OF A
3 PREFABRICATED RESTROOM STORAGE BUILDING FOR
PINE AVE. PARK FROM NEVADA RESTROOM FACILITIES
LIMITED 4
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WHEREAS, $376,000 was previously appropriated for in the Fiscal Year 2011-12
Capital Improvement Program for a restroom/storage building for Pine Ave. Park; and
WHEREAS, a restroom/storage building is needed for the optimum continued
operations of Pine Ave. Park; and
WHEREAS, Section 3.28.090 of the Carlsbad Municipal Code provides that the
City may participate in the cooperative purchasing programs with other public agencies;
and
WHEREAS, the State of California used formal bidding procedures to establish
the California Multiple Award Schedule (CMAS), which allows other public agencies to
procure prefabricated buildings as awarded by the State; and
WHEREAS, the City has procured a quote from Nevada Restroom Facilities Ltd.
in accordance with CMAS for a base price of $151,425 plus $26,203 dollars in
upgrades.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
23 1. That the above recitals are true and correct.
24 2. That the City is hereby authorized to issue a purchase order to Nevada
Restroom Facilities Ltd. for $177,628 for a restroom/storage building, model
25 no. B312STPS.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 13"^ day of December, 2011, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn and Packard.
None.
ABSENT: Council Member Douglas.
MATTIHALL, Mayor
ATTEST:
IRRAINE M. WOOD, City Clerk
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RESTROOM
FACILITIES LTD'
QUOTATION TO OWNF.R
PROJECT NAME: Pine Avenue Park
OWNER: City of Carlsbad, California
DATE: Thursday, December 1,2011
RFL LICENSE #: B-625024, Expires 8/31/13
Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish, per plans and specifications, subject to our attached Standard Terms
and Conditions of Sale, and the Scope of Work, which become part of our offer to sell.
PRELIMINARY CMAS PURCHASE PRICE
Model No. B312STPS (Base Price) @ $151,425.05
Optional Add-ons
Stucco Exterior @ $ 14,981.16
Concealed Hand-Dryers (2) @ $ 3,320.40
Concealed Soap Dispensers (2) @ $ 1,122.00
Steel Framed Interior Walls -Storage Room Only @ $ 2,593.44
Quarry Tile Floors - Restrooms Only @ $ 4.185.45
Total $177,627.50
We require execution of this purchase agreement, together with a 10% initiation payment prior to
submittal of architectural plans for your approval; 90% monthly in progress billings based upon a
percentage of completion in plant; no retention. Payment of 100% and the Department of
Housing AppUcation for Registration must be received by RFL prior to shipping. Thank you for
considering RFL as your restroom specialist for this project.
HOW WE WORK
Upon receipt of your deposit, we begin the design process. Once plans have been approved and
engineer stamped, the construction process begins. Typically, the construction time frame is 90-
120 days, but can be longer depending on building size and/or optional adds, hi-plant inspection
reports and certifications will be provided by an independent inspection agency.
1 of 4 initial initial
400 Western Road, Reno, Nevada 89506 • Phone: 775.327.6060 • Fax: 775.327.6066 • www.restroomfacilities.com
STANDARD TERMS AND CONDITIONS OF SALE
1. LINKAGE: These Terms and Conditions of Sale shall apply and form a part of the
Company's Offer to Sell and supersede all other expressed or implied terms and be linked to
our Agreement for work whether or not signed by the Purchaser.
2. ACCEPTANCE; Unless otherwise expressly stated herein, the Company's Offer supersedes
all previous quotations and expires, unless accepted by purchaser, within thirty (30) days
fi-om date of Offer. None of the Terms and Conditions contained in this quotation may be
added to, modified, superseded or otherwise altered except by a written instrument signed by
the President of the Company. Each shipment to buyer fi-om the Company shall be deemed
to be only under these Terms and Conditions of Sale, which shall become part of our Offer to
Sell, notwithstanding any Terms and Conditions that may be contained in any purchase order
or other form of the buyer, notwithstanding the shipment, acceptance of payment or similar
act of the Company. All Purchase Orders when accepted by the Company at 400 Westem
Road, Reno, Nevada 89506, will be in accordance witii the Laws of the State of Nevada. All
orders are subject to review by the Company in accordance with the Company's Offer to Sell
before final acceptance is authorized. AU disputes shall be governed by applicable Nevada
Law and all claims shall be filed and litigated in Washoe County, Nevada, with the
prevailing party recovering attomey's fees.
3. PRICES: Sales tax is not required provided the stiiicture is installed by RFL. All Use taxes,
and applicable in plant taxes, permits and fees are paid for by RFL. If payment is not made
by client in accordance with the Contract Terms, interest will be charged at the rate of 1-
1/2% (one and one/half percent) per month until paid. If an order is accepted by the
Company, and a delivery date is accepted by the Client, and delivery is delayed by the Client,
payment of all but 10% is due upon completion at the Point of Manufacture. A 1-1/2% (one
and one/half percent) per month added fee shall be due for each month the shipment is
delayed.
4. TERMINATION: Purchaser shall be responsible for costs of work performed which will
include overhead and profit. Contract may not be cancelled once production has
commenced.
5. TITLE AND LIEN RIGHTS: All Products remain the personal property of tiie Company,
whether or not affixed to any other real property or structure, xmtil the price (including any
notes given therefore) of the equipment has been fully paid in cash. The Company shall, in
the event of the purchaser's default, have the right to enter upon any premises and repossess
such structures and equipment wherever it may be located.
6. LACHES: Failure of the Company to exercise any right or remedy under this contiact shall
not be deemed a waiver of such right, nor shall any hen or other right of the Company be lost
or impaired by laches or in any manner or by any act or failure to act.
initial initial
2 of 4
400 Western Road, Reno, Nevada 89506 • Phone: 775.327.6060 • Fax: 775.327.6066 • www.restroomfacilities.com
'7- LIMITATION OF LIABILTTY: Under no circumstances, unless stated in our Offer to Sell
or bid, shall tiie Company have any liability for liquidated damages, for collateral,
consequential special damages, loss of profits, loss of production, delay in the progress of
constiiiction, whether resulting firom delays in delivery, performance, breach of warranty,
due to lack of timely performance in reviewing and approving shop drawings, completing
site preparation or lack of payment in accordance with the terms set forth herein. The
aggregate total Uability of the Company under the contiact, whether for breach of warranty or
otiierwise shall in no event exceed the contiact price. Buyer agrees to indemnity and holds
harmless the Company fi-om all claims by third parties which extend beyond the foregoing
limitations on the Company's liability.
8. DELIVERY: Except as may be otherwise specified in tiie attached Offer, delivery will be
F.O.B. point of manufactiire. Time of delivery is an estimate only. The Company shall in no
event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of
Govemment or military, delays in tiansportation or procurement of materials or causes of any
kind beyond the Company's immediate contiol. If building is ready for shipment and
Customer delays said shipment, Company shall store tiie facility at tiie point of
manufacturing and charge 1-1/2% (one and one/half percent) per month as a storage charge.
If shipment arrives and site is not ready. Owner shall pay any off-site storage fees as
applicable.
9. WARRANTY: All Products produced by the company are warranted to the purchaser to be
fi-ee from defects in material, workmanship and titie. The Company will replace or repair, at
its option, defects in workmanship or any part which is proven defective within one year
from delivery. This warranty applies only where the Company has been notified in writing
of the defect within tiie warranty period and where any equipment has been properly operated
and maintained in accordance witii the Company's instructions: the Company having no
responsibility for abuse, neglect or improper storage. Should any issues arise where
additional work must be performed RFL retains the right to perform this work at the earHest
opportunity. Should it be necessary to have this work performed by others due to the nature
of the work or a conflict in scheduling, RFL must be notified 48 hours in advance in writing
and given the opportunity to perfonn said work. Should it be necessary to have this work
performed by others a written estimate must be approved by RFL in advance of any work
being undertaken. The Company assigns any and all warranties for fixtures, appliances, and
other equipment manufactured by others to said other manufacturer. Due to its nature,
concrete is prone to settling and cracking. Minor cracking in the concrete is normal and is
not tiie responsibility of RFL. We use high quality 304 stainless steel in our products and
under certain conditions and/or improper maintenance stainless steel may rust. Minor rust
spots or discoloration are not the responsibility of RFL. The foregoing shall constitiite the
said liability of the Company and tiie sole remedy to the purchaser. Company's warranties as
set forth in this paragraph are exclusive and are in lieu of, and purchaser hereby waives all
other warranties, expressed or implied, including without limitation, any implied warranties
or merchantability and fitness. This warranty shall be void if payment in full for tiie project
is not received by the Company in accordance with these Terms and Conditions of Sale.
initial initial 3 of 4
400 Western Road, Reno, Nevada 89506 • Phone: 775.327.6060 • Fax: 775.327.6066 • www.restroomfacilities.com //j
10. CREDIT: HPeposit and Progress Payments)
A MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES: Orders may require
deposits or progress payments. If buyer's financial sitiiation justifies such action, the
Company may at its election require payment in advance or cancel the order as to any
unshipped item and require payment of its reasonable cancellation charges. If the buyer
delays completion of manufacture or a delay in shipment, the Company shall require
payment according to the percentage of completion. In tiie event of tiie default of tiie
buyer, the Company is entitied to the full amount due including reasonable attomeys fees,
costs, storage, expenses of physical recovery, and interest at 1-1/2% (one and one/half
percent) per month.
B GENERAL CONTRACTORS AND NON-GOVERNMENT AGENCIES: Orders
may require deposits or advance payment as well as progress payments subject to the
buyer's credit worthiness in accordance witii the Company's applicable credit policies.
Breach of any payment terms shall accelerate fiill payment which shall be due the balance
of the contiact amount including change orders.
Restioom Facilities Limited
Howard Worthing, President Date
Client Name
Name and Titie Date
initial initial 4 of 4
400 Western Road, Reno, Nevada 89506 • Phone: 775.327.6060 • Fax: 775.327.6066 • www.restroomfacilities.com
DGS
Departnrjent of General Services
Procurennent Division
707 Third Street, 2'"' Floor, MS 202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Restroom Facilities Ltd.
Which Will Do Business In California As
Nevada Restroom Facilities, Ltd.
CONTRACT NUMBER: 4-08-56-0022A
CMAS TERM DATES: 3/7/2008 through 4/30/?ni
DISTRIBUTION: STATEWIDE
^-r^- CMAS Ter.s and Conditions, products
incorporate the following Ordering ^it^ctlo^^^ C.^TP ""'^"^
dated July 2006. instructions and Special Provisions and CMAS Terms and Conditions
Contractor non-compliance with the requirements of this contract may result in contract termination.
. / rf- / .
WALTER W gARnpin p> A . • ^^^ective Date: 3/7/2008
WALTER W. SABORIO, Progran. Analyst, California Multiple Award Schedlii^rU;^
/Z
Authorization to Purchase a Pre‐fabricated Restroom / Storage Building for Pine Ave. Park12/13/11
2Community Center(Phase II)MADISON STHARDING STREETCHESTNUT AVENUEMULTI‐USE FIELDPARKING LOTINFORMALAMPHITHEATERTOT LOTBASKETBALLPICNIC AREAProposed restroom / storage bldg.current modular restroom
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6ITEM COSTS EXPLANATIONBase California Multiple Award Schedule price for the building –Model no. B312STPS$151,425Block restroom with storage, privacy walls, standard fixturesAdditional enhancements $ 26,203Stucco surface, tile floor, Interior walls, ceramic toilets, etc.Total building purchase price$177,628REMAINING PROJECT ITEMSCOSTS EXPLANATIONSProfessional services agreements and public works projects (estimate) to be processed separately$112,000geotechnical report, shipping, crane work, site preparation, final hook up15% Contingency on non‐CMAS items $ 20,730TOTAL PROJECT COST$310,358TOTAL AVAILABLE BUDGET$376,356Minus total project costs‐$310,358REMAINING AVAILABLE FUNDS$ 65,998