HomeMy WebLinkAbout1998-317
Res 98-317
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RESOLUTION NO.
98-317
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AWARDING A CONTRACT TO WESTERN ALLIED
REFRIGERA nON, INC. FOR DESIGN/BUlLD OF AN ENERGY -EFFICIENT
REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY
AND 5TH STREET SENIOR CENTER AND ALL DESIGN, STRUCTURAL,
MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. WESTERN ALLIED REFRIGERATION, INC. is the lowest responsible
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bidder for: DESIGN/BillLD OF AN ENERGY-EFFICIENT REPLACEMENT OF CHILLERS
AT CAROUSEL MALL, FELDHEYM LIBRARY AND 5TH STREET SENIOR CENTER AND
ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR
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WORK. A contract is awarded accordingly to said bidder in a total amount of$807,085.00, but
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such award shall be effective only upon being fully executed by both parties. All other bids,
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therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said
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contract on behalfofthe City; a copy of the contract is ATTACHED AS Exhibit "A" and
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incorporated herein by reference as fully as though set forth at length.
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SECTION 2. Capital funds for the project are required. The Purchasing Manager is hereby
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authorized and directed to solicit, as needed, lease-purchase rate quotes under existing Master
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Lease Agreements and to award a lease-purchase to the lowest responsible leasing company.
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SECTION 3. This contract and any amendment or modifications thereto shall not take effect
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or become operative until fully signed and executed by the parties and no party shall be obligated
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hereunder until the time of such full execution. No oral agreements, amendments, modifications
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or waivers are intended or authorized and shall not be implied from any act or course of conduct
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of any party.
See Also Res 98-315 & 98-316
Western Allied - Page 1 of 2
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98-317
RESOLlrnON OF mE MAYOR AND COMMON COl1NCIL OF THE CITY OF SAN BERNARDINO TO WESTERN ALLIED
REFRIGERA nON, INC. FOR DESIGNlBl1lLD OF AN ENERGY -EFFICIENT REPLACEMENT m' CHILLERs AT CAROllSEL
MALL, FELDHEYM LIBRARY AND 5'" STREET SENIOR CENTER AND AU. DESIGN, STRl1C1lJRAL, MECHANICAL,
. ELECTRICAL AND ROOF REPAIR WORK.
SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it
2 within sixty (60) days of the passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
" . joint regular
Common Counctl ofthe CIty of San Bernardmo at a meeting thereof, held on the
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2nd day of Novbember
, 1998, by the following vote, to wit:
7 COUNCIL MEMBERS
8 ESTRADA
9 LIEN
10 (VACANT) - 3rd Ward
11 SCHNETZ
12 DEVLIN
13 ANDERSON
14 MILLER
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AYES
NAYS
ABSENT
ABSTAIN
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x
x
x
x
x
() ~vGl.t j ;b, C-L<./cL
C~rk
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,1998.
The foregoing resolution is hereby approved this
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21 Approved as to form
and legal content:
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23 JAMES F. PENMAN
City Attorney
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10/28/98
Western Allied - Page 2 of2
98-317
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EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this .,2,J day of /1)/,(///6,: /~ 1998,
by and between the CITY OF SAN BERNARDINO, California, a municipal corporation.
hereinafter referred to as the "City" and Western Allied Refrigeration. Inc. , a California
corporation. hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, City desires to obtain professional services for design/build for an energy-
efficient replacement of city owned chillers at the Carousel Mall at 295 Carousel Mall and at the
Feldheym Library at 555 W. 6th Street and at the 5th Street Senior Center at 600 W. 5th Street to be a
turnkey installation and to include all design. structural, mechanical, electrical and roof repair work; and
WHEREAS, in order to provide for the design. preparation of plans, securing of permits and
approvals, drawings sufficient to allow plant review and construction and to provide accurate as
constructed drawings for record purposes and to provide the construction services necessary to complete
the designated aspects of the construction of the replacement chillers and accompanying plant
equipment it is necessary to engage the services of a design Contractor and construction firm; and
WHEREAS, Contractor is qualified to provide said professional services as well as
construction services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Contractor
upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in "Scope of Services" and as contained in
Specification #F99-009 and in the proposal dated Ju1v 1. 1998 , copies of which are
attached hereto as Exhibit "1" and Exhibit "2", respectively, hereinafter referred to as "Work" and
incorporated as though set forth in full. All services shall be performed in acceptance with the
timetable set forth in Exhibit "3".
2. TERM OF AGREEMENT
The services of Contractor are to commence immediately after the City has authorized work
to start by issuance of a Notice to Proceed. The scheduled completion dates are shown in the
proposal and shall be modified to reflect the actual date of the Notice to Proceed and may be adjusted by
98-317
AGREEMENT FOR PROFESSIONAL SERVICES wrrn WESTERN ALUED REFRlGERATION,INC. FOR DESIGNlBUILD OF AN
ENERGY-EF1'ICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL. FELDHEYM UBRARY AND 5'" STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL. MECHANICAL. ELECTRICAL AND ROOF REPAIR WORK.
the City as determined by progress of the work. This Agreement shall expire upon completion of
the project or as directed by the City unless extended by written agreement of the parties.
3. STANDARD OF PERFORMANCE
Contractor will, at its sole cost and expense:
(a) Complete all work product, construction and design in conformance with Standard
Specifications for Public Works Construction (Greenbook) current edition, standards
established by the South Coast Air Quality Management District, County of San Bernardino,
Controlling State Standards, Uniform Building Codes, Electrical and Mechanical Codes, the
City of San Bernardino's Standard Drawings and the project specifications.
(b) Conduct and carry out the Work in accordance with the terms and conditions of this
Agreement and diligently pursue completion of the Work in accordance with the timetable
set forth on Exhibit 3.
(c) Supervise and direct the Work, using Contractor's best skill and attention. Contractor
will be solely responsible for and have control over the construction, means, methods,
teclmiques, sequences, procedures and for coordinating all portions of the Work.
(d) Unless otherwise provided in this Agreement, provide and pay for all labor, materials,
equipment and tools necessary for the proper execution and completion of the Work.
(e) Enforce strict discipline and good order among the employees, subcontractors and
agents carrying out the Work and employ and permit the employment of only qualified
persons skilled in tasks assigned to them in performing the Work.
(t) Secure all governmental licenses and inspections necessary for the performance and
completion of the Work in accordance with all laws, statutes, ordinances, building codes and
regulations applicable to performing the Work (the "Applicable Laws") other than those to
be obtained by City pursuant to Section 3 (t).
(g) Comply with and give all notices required by all Applicable Laws. However,
Contractor's does not assume the obligation to determine whether the Work or this
Agreement is in accordance with all laws and regulations applicable to the City.
(h) Keep the facilities and the surrounding area free from the accumulation of waste
materials and rubbish resuhing from Contractor's performance of its obligations under this
Agreement and on or before completion of the Work, remove from and about the facilities,
all such waste materials and rubbish, and all of Contractor's tools, equipment, machinery
and surplus materials, except that, as provided in Section 10, the City will remove and
dispose of all toxic or hazardous material removed from the facilities.
10/28198
Western Allied - Page 2 of 10
98-317
AGREEMENT FOR PROFESSIONAL SERVICES wrrn WESTERN ALUED REFRlGERATION,INe. FOR DESIGN/BIJILD OF AN
ENERGY-EFFICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND Sm STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK.
(i) Take reasonable precautions for the safety of, and provide reasonable protection to
prevent damage, injury or loss as a result of the Work, including without limitation
coordinating the Work with the City's on-site safety program.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services" is 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 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. No extra services shall be rendered by Contractor under this Agreement unless such
extra services are authorized, in writing, by City prior to performance of such work. Authorized
extra services shall be invoiced based on Contractor's proposed rates, a copy of which is included in
the proposal and incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Contractor for actual costs (including labor costs,
employee benefits, overhead, profit, other direct and indirect costs) incurred by the Contractor in
performance of the work, at the rates listed in the proposal and for the tasks completed and partially
completed in accordance with montWy billings in an amount not to exceed $807,085.
B. Said compensation shall not be altered unless there is significant alteration in the
scope, complexity, or character of the work to be performed. Any such significant alteration shall
be agreed upon in writing by City and Contractor before commencement of performance of such
significant alteration by Contractor.
Any adjustment ofthe 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 Loca11aws and
ordinances applicable to the work and which are in effect as of the date of the notice to proceed.
The Contractor is required to comply with prevailing wage rates in accordance with California
Labor Code Section 170.
10/28/98
Western Allied - Page 3 of 10
98-317
AGREEMENT FOR PROFF.'SSIONAL SERVICES wrrn WllSlERN ALUED REFRIGERATION, INe. FOR DESIGNfBIIILD OF AN
ENERGY-EFFIOENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND Sm STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted
monthly by Contractor to City and shall be paid by City within twenty (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 ten (10) days of notice of such
dispute. Interest of 1 Yz percent per month (but not exceeding the maximum rate allowable by law)
will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing
date, payment thereafter to be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date ifthe
amount in dispute is resolved favor of the Contractor.
B. Should litigation be necessary to enforce any term or provision of this Agreement, or to
collect any portion ofthe armunt payable under this Agreement, then all reasonable litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party.
The costs, salary and expenses of the City Attorney and members ofhis office in connection with
that action shall be considered as attorneys' fees for the purposes of this Agreement.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Facilities Manager 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 rendered under this
Agreement shall be made without prior approval of the Facilities Manager or his designee.
B. Contractor shall perform the Work as an independent contractor and shall not be
considered an employee of the City. This Agreement is by and between Contractor and the City,
and is not intended, and shall not be construed, to create the relationship of agent, servant,
employee, partnership, joint venture, or association, between the City and Contractor.
C. When Contractor believes that all or any phase of the Work has been completed in
accordance with the terms ofthis Agreement, Contractor will submit a Certificate of Substantial
Completion to the City. The Certificate of Substantial Completion will describe the Work
substantially completed and include a commitment by Contractor to complete any remaining
portion of the Work or the completed phase. The parties intend that work will be accepted as it is
substantially completed.
D. The City will, within five (5) business days after receiving the Certificate of
Substantial Completion, inspect the Work that is described as completed in the Certificate of
Substantial Completion.
E. If the City does not accept that Work, the City will deliver written notice to
Contractor describing in detail the material respects in which that Work fails to conform to the
description of that Work set forth on Exhibit 2. In that case, Contractor will take such actions as it
10/28/98
Western Allied - Page 4 of 10
98-317
AGREEMENT fUR PROFESSIONAL SERVICES WTIH WESTERN ALUED REFRIGERATION, INC. fUR DESIGNlBUILD OF AN
EJl/ERGY-EFFICIENT REPLACEMENT OF mIlLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND Sm STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECI1I.ICAL AND ROOF REPAIR WORK.
deems appropriate to cause that Work to conform to the description set forth on Exhibit 2 in all
material respects. Contractor will then issue another Certificate of Substantial Completion pursuant to
paragraph (a).
F. If that Work substantially conforms to the description of that Work set forth on
Exhibit 2, the City will accept that Work by signing the Certificate of Substantial Completion and
returning it to Contractor. If the City does not deliver any written notice to Contractor within ten
(10) business days of receiving the Certificate of Substantial Completion, the City will be deemed
to have signed and returned the Certificate of Substantial Completion.
G. The date on which the City accepts Work or a phase of said Work is referred to
herein as the "Acceptance Date" of such Work or phase.
8. REPRESENTATIONS
Each party represents that:
(a) It has all requisite corporate power and authority to execute and deliver this
Agreement and to perform its obligations hereunder, and it is in good standing under the
laws of the state of its organization or incorporation.
(b) The execution, delivery and performance of this Agreement have been duly
authorized by its board of directors or governing body, as the case may be, and in
accordance with its organizational documents.
(c) This Agreement has been duly executed and delivered on its behalfby signatories so
authorized and constitntes its legal, valid and binding obligation.
(d) The execution, delivery and performance of this Agreement will not result in a
breach or violation of nor constitute a default under any agreement, lease or instrument to
which it is a party.
(e) To the best of its knowledge there is no pending or threatened judicial or
administrative proceeding that could have an adverse effect on the validity or enforceability
of this Agreement or such party's ability to perform its obligations under this Agreement.
9. DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES
(a) Ifany Hazardous Substances are discovered at the facilities during the Work, such
discovery shall constitute a cause beyond Contractor's reasonable control and Contractor
shall have the right to cease the Work until the City, at its expense, as appropriate, tests,
abates, encapsulates, cleans up, removes and disposes of such Hazardous Substances.
10/28/98
Western Allied - Page 5 of 10
98-317
AGREEMENT fUR PROFESSIONAL SERVICES WITH WESTERN ALLIED REFRIGERATION, INC. fUR DESlGNIBUlLD OF AN
EI'\'ERGY-EFFICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND Sm STREET SENIOR
CENTER AND ALL DESIGN, STRUCTIJRAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK.
(b) If the City so requests, Contractor shall assist the City by providing the City a list of
qualified disposal companies, arranging contracts between the City and a qualified disposal
company and coordinating the Work with the activities ofa qualified disposal company.
Although budget costs for such services may be included in program proposals and cash
flow analyses, the City will be directly responsible for contracts and payment to disposal
compames.
10. INSURANCE
Contractor shall, at its expense, maintain commercial general liability coverage and
employer's liability coverage of at least $1,000,000 each occurrence, $5,000,000 aggregate, and
workers' compensation coverage, to protect such party and its officers, directors, agents and
employees from any claims under workers' compensation and other employee benefit acts and from
any and all other claims for bodily injury, including death and personal injury and from claims for
properly damage which may arise with respect to this Agreement. Contractor shall submit to the
City completed Certificates oflnsurance evidencing such coverage. Contractor will name the City
of San Bernardino as an additional insured on the policy.
Except for City's negligence or misconduct, Contractor shall indemnity, defend and hold
City and City officers and employees harmless from all damages, cost and expenses because of
damages to property or personal injury suffered by reason of; or in the course of performing the
Work and caused by any willful or negligent act or omission committed by Contractor or any of
Contractor's employees, subcontractors, or agents. The parties expressly agree that any payment,
attorney fee, cost or expense City incurs or makes to or on behalf of an injured employee under its
self-administered workers compensation program is included as a loss, expense or cost for the
purpose ofthis section. The provisions of this section will survive the expiration or early
termination of this Agreement.
11. DEFAULT AND TERMINATION
(a) If Contractor or the City:
(I) Fails to make any payment as it becomes due in accordance with the terms of
this Agreement,
(2) Fails to perform or observe any other covenant, condition, or obligation to be
performed or observed by it hereunder, or
(3) Made in this Agreement any materially false, misleading or erroneous
representation to the other party, then the other party shall have the right to send a
notice of termination of this Agreement.
During the thirty-(30) day period beginning on the date of such notice,
Contractor and the City will negotiate in good faith toward an amicable resolution of
10/28/98
Western Allied - Page 6 of 10
98-317
AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ALUED REFRlGERATION,INC. FOR DESIGNIBUlLD OF AN
ENERGY-EFFICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND Sm STREET SENIOR
CENTER AND ALL DESIGN, STRUCfURAL, MECHANICAL, ELEClRJCAL AND ROOF REPAIR WORK.
the default. If no such resolution is agreed upon in writing within such period, this
Agreement shall terminate.
(b) Ifproceedings under any bankruptcy, insolvency, reorganization or similar
legislation are instituted against or by a party, or a receiver or similar officer is appointed for
a party or any of its property, and such proceedings or appointments are not vacated, or fully
stayed, within thirty (30) days after the institution or occurrence thereof: the other party shall
have the right to terminate this Agreement by written notice, such notice to be effective
upon delivery.
(c) The non-defaulting party may, at its discretion. exercise all remedies available at law
or equity or other appropriate proceedings, including bringing any action or actions from
time to time for the recovery of damages as a result of such default, and all costs and expenses
reasonably incurred in the exercise of its remedies hereunder (including attorneys' fees).
12. ASSIGNMENT
(a) Except as provided in this Section. neither party will assign any of its rights or
obligations hereunder without the prior written consent of the other party. This Agreement
will bind and inure to the benefit of the successors and permitted assigns ofthe parties.
(b) The City may transfer or assign its rights and obligations under this Agreement to a
successor purchaser of the facilities if such assignee or transferee explicitly assumes in
writing the obligations of the City under this Agreement.
13. EXCUSED DELAYS
If either party will be delayed in or prevented, in whole or in part, from performing any
obligation or condition hereunder with the exception of the payment of money, or from
exercising its rights by reason or as a result of any "force majeure" or due to the failure of the
other party to perform its obligations hereunder, such party will be excused from performing
such obligations or conditions while such party is so delayed or prevented. The term "force
majeure" as used herein means acts of God, acts of government, strikes, lockouts, or other
industrial disturbances, acts of public enemy, blockades, wars, insurrections or riots,
epidemics, landslides, fires, storms, floods, earthquakes, explosions, water damage, lightning,
freeze-ups, theft, malicious mischief: electrolytic or chemical action. unusual delays in
transportation. or other similar causes beyond the control of such party.
14. NOTICES
Any and all notices between the City and Contractor provided for or permitted under this
Agreement or by law will be in writing and will be deemed duly served when personally
delivered to the party, or in lieu of such personal service when deposited in the United States
mail, certified, postage prepaid, addressed to such party at the address of such party listed on
10/28/98
Western Allied - Page 7 of 10
98-317
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AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ALLIED REFRlGERA TION,INC. FOR DESIGNlBUILD OF AN
ENERGY-EFFICIENT REPLACEMENT OF CHILLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND 5'" STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELEC1RICAL AND ROOF REPAIR WORK.
the signature page to this Agreement or at such other address as is given to the other party
by like notice. A copy of any notice to Contractor shall be sent to Western Allied.
P.O. Box 3628. Santa Fe Sorings. CA 90670 (Attention: Mike Gallagher)
15. MISCELLANEOUS
(a) Term. This Agreement will take effect when signed by both parties and, unless
sooner terminated, will continue until the parties have satisfied their obligations under this
Agreement.
(b) Forum and Law. This Agreement is considered to have been made at City of San
Bernardino, County of San Bernardino. Contractor and the City agree that any and all
disputes arising out of or in connection with this Agreement will be brought only in the
jurisdiction of the County of San Bernardino, California. Contractor and the City each
consent to the jurisdiction of the County of San Bernardino, CA and each agree to the
service of process in accordance with the law of the State of California.
(c) Entire Agreement. This Agreement, including its Exhibits, which Exhibits are
incorporated into this Agreement in their entirety, contains the entire agreement between the
parties with respect to its subject matter and supersedes all prior proposals, letters, brochures
and other material relating to its subject matter. No amendment, waiver or discharge of any
provision of this Agreement will be valid unless in writing and signed by any authorized
representative of the party against which such amendment, waiver or discharge is sought to
be enforced.
(d) Non-Waiver. The fui1ure of either party to insist in any instance upon strict
performance of any of the provisions of this Agreement will not be construed as a waiver of
any such provision nor affect any present or future rights hereunder.
(e) Interpretation. The headings and the table of contents are for reference and convenience
only and will not be considered in the interpretation of this Agreement. The language used
in this Agreement will be deemed to have been chosen by the parties to express their mutual
intent and no rule of construction will be used to construe language against either party,
(f) Severability. If any provision of this Agreement is held to be unenforceable, then
both parties will be relieved of all obligations arising under such provision, but only to the
extent that such provision is unenforceable, and this Agreement will be deemed amended by
modifYing such provision to the extent necessary to make it enforceable while preserving its
intent or, if that is not possible, by substituting another provision that is enforceable and
achieves the same objective and economic result. If such unenforceable provision does not
relate to the payments to be made to Contractor, and if the remainder of this Agreement is
capable of substantial performance, then the remainder of this Agreement will be enforced
to the extent permitted by law,
10/28/98
Western Allied - Page 8 of 10
98-317
AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ALLIED REFRIGERATION, INC. FOR DESIGNIBUILD OF AN
EI1JERGY-EFFIOENT REPLACEMENT OF aJlLLERSAT CAROUSEL MALL, FELDHEYM LIBRARY AND 5'" STREET SENIOR
CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELEClRICAL AND ROOF REPAIR WORK.
(g) Independent Parties. Nothing contained in this Agreement will be deemed or
construed for any purpose, to establish, between the parties, a partnership or joint venture, a
principal-agent relationship, or any relationship other than City and independent contractor..
(h) Non-Discrimination. During the performance of this Agreement, Contractor agrees
that Contractor shall not discriminate on the grounds of race, religious creed, color, national
origin, ancestry, age, physical disability, mental disability, medical condition including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition
related thereto, marital status, sex or sexual orientation in the selection and retention of
employees and subcontractors and the procurement of materials and equipment. Further,
Contractor agrees to conform to the requirements of the Americans with Disabilities Act in
the performance ofthis Agreement.
16. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, age, handicap, religion, sex, marital status or national origin, in
accordance with Federal, State and Local laws. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment, upgrading, and promotion. In
addition, Contractor shall not exclude from participation under this Agreement any employee or
applicant for employment on the basis of race, color, age,
handicap, religion, sex, marital status or national origin in compliance with State and Federal laws.
10/28/98
Western Allied - Page 9 of 10
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98-317
AGREEMENT FOR PROFF.ssIONAL SERVICES wrrn WFSTERN ALLIED REFRIGERATION, INC. FOR DESIGNIBUILD OF AN
ENERGY-EFFICIENT REPLACEMENT OF CHIlLERS AT CAROUSEL MALL, FELDHEYM LIBRARY AND 5TH STREET SENIOR
'CENTER AND ALL DESIGN, STRUCTURAL, MECHANICAL, ELECTRICAL AND ROOF REPAIR WORK.
CITY OF SAN BERNARDINO
By:
Its:
Date:
/I-C'-(-u'
Address for notices:
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
Attention: Jim Sharer
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
10/28/98
WESTERN ALLIED
By:
~. ,4
M.4/' A.
V'f'
Its:
Date:
!].-/ IV If?,.
Address for notices:
~
A-w~1
Western Allied Refrigeration.. Inc.
P.O. Box 3628
Santa Fe Springs. CA 90670
Attention: Mike Gallagher
Western Allied - Page 10 of 10