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HomeMy WebLinkAbout2008-025 1 RESOLUTION NO. 2008-25 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENERGY CONSERVATION MEASURES WITH WESTERN ALLIED CORPORATION, FOR HV AC UNITS AT THE CENTRAL POLICE STATION. 3 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City an agreement for energy conservation measures with 10 Western Allied Corporation, for the HV AC units at the Central Police Station in the amount of 11 $774,600.00, with a contingency amount of$127,400.00. A copy of the agreement is attached 12 hereto as Exhibit "A" and made a part hereof. This resolution will authorize this Agreement with 13 14 Western Allied Corporation pursuant to San Bernardino Municipal Code g3.04.010 (B) (3). 15 SECTION 2. This contract and any amendments or modifications thereto shall not take 16 effect or become operative until fully signed and executed by the parties and no party shall be 17 obligated hereunder until the time of such full execution. No oral agreements, amendments, 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 20 course of conduct of any party. 21 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 22 23 within 60 days of the passage ofthis resolution. 24 IIIII 25 26 27 28 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENERGY CONSERVATION MEASURES WITH WESTERN ALLIED CORPORATION, FOR HV AC UNITS AT THE CENTRAL POLICE STATION. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 22nd day of January ,2008, by the following vote, to wit: 6 7 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA ----X- 11 BAXTER X 12 BRINKER X 13 DERRY X 14 x KELLEY 15 JOHNSON x 16 - McCAMMACK X 17 18 ~ k.~ 19 20 21 The foregoing resolution is hereby approved this~ day of January ,2008. 22 23 24 25 26 Approved as to form: 27 28 ,2008-25 Exhibit "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 22nd of JanJj.ary 2008, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Western Allied Corporation, hereinafter referred to as "CONTRACTOR". , WITNESSETH WHEREAS, City desires to obtain services for the installation of an energy-efficient replacement of City-owned AlC equipment at the Central Police Station at 710 North D Street in the City of San Bernardino, California; and WHEREAS, Contractor is a licensed mechanical contractor qualified to provide said services; and WHEREAS, San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: L SCOPE OF SERVICES Contractor shall perform those services specified in the proposal, dated January 9, 2008, specifically 'section 1B' and proposed costs, a copy of which is attached hereto as Exhibit "I", and incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Contractor shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Contractor shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the attached quotation are made an obligation of Contractor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. Contractor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 2008-25 Exhibit" An 5. COMPENSATION A. Upon satisfactory completion of the work, the Contractor will be paid $774,596 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in duplicate to the contract manager. The invoice amount will be based on the actual work performed. Contractor will submit an invoice to the City upon completion of the project. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Contractor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Contractor. Any adjustment of the total cost of services will only be permitted when the Contractor establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Contractor is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted by Contractor to City and shall be paid by City within 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 (10) days of notice of such dispute. All tasks as specified in Exhibit" I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. 2 2008-25 Exhibit "A" 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Contractor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Contractor for all the fees, charges and services performed to City's satisfaction by Contractor, which finding of satisfaction shall not be unreasonably withheld. Contractor hereby covenants and agrees that upon termination of this Agreement for any reason, Contractor will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Contractor from any claims, losses, costs, including attorney's fees and liability arising out of such use. Contractor shall be compensated for such services in accordance with Exhibit "I ". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Contractor. Upon such notice, Contractor shall provide work product to City, and City shall compensate Contractor in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Contractor, Contractor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Contractor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Contractor shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 3 .2008-25 Exhibit "A" II. INDEPENDENT CONTRACTOR Contractor shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Contractor shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Contractor and the City. 12. ASSIGNMENT OR SUBCONTRACTING Contractor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Contractor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Contractor and City: CONTRACTOR CITY Michael Gallagher Western Allied Corporation PO Box 3628 Sante Fe Springs, CA 90670 Jim Sharer City of San Bernardino 300 N. "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Contractor may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. C. For the purpose of determining compliance with Public Contract Code Section lOllS, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Contractor, subconsuItant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized 4 .2008-25 Exhibit "A" representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. PREVAILING PARTY The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expenses of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 16. INDEMNITY Contractor shall indemnifY, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Contractor's negligent performance of services under this Agreement. Contractor shall not be responsible for, and City shall indemnify, defend, and hold harmless Contractor from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Contractor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Contractor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to any material change or cancellation of any insurance policy of the Contractor. A. ComDrehensive General Liability and Automobile Insurance. The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. 5 . 2008-25 Exhibit "A" B. Worker's Compensation Insurance. The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 20. BUSINESS LICENSE Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this agreement. III III 6 , 2008-25 Exhibit "A" AGREEMENT FOR Services with Western Allied Corporation IN WtTNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: ~~ (!) CIJL/<..; Rachel Clark, City Clerk ~ if~~k;lVl~~ BY: F dison, City Manager lty of San Bernardino Western Allied Corporation BY: ;11;l,<4. ~. Signature NAME: MA-f A. fDJJ A-12-1 TITLE: V P . Approved as to form: JAMES F. PENMAN City Attorney BY j}~1 {Jf!J.;;}J III 7 . 2008-25 EXHIBIT 1 WESTERN ALLIED CORPORA TION The Building Relationship People At the same address since 1961 ~ 12046E. Florence Avenue PO Box 3628 562/944-6341 Fax 562/944-7092 Contractors License No. 198821 Santa Fe Springs, CA 90670 Air Conditioning Service, Maintenance, & System Correction January 9, 2008 City of San Bernardino Facilities Management Department 300 North "D" Street San Bernardino, CA 92418-0001 Re: Police Department HV AC Energy Project Attn: Mr. Jim Sharer Dear Jim: Per your request we have looked at the San Bernardino Police Department and can offer the following pricing. Please note that, unless specifically noted otherwise, all pricing is based upon performing the work during regular working hours; and does not include engineered drawings or permit fees; electrical work or new disconnects other than simple disconnect/reconnect between old and new equipment; fire and life safety interlocks or other work, roofing work or hazardous material abatement of any kind; seismic or structural engineering or upgrades; or any repairs or other work not specifically noted. All prices include sales taxes. We propose the following: la.) Replace the four (4) existing 50 ton Trane air cooled packaged rooftop units with new Trane high sensible capacity 50 ton units. $467,185.00. lb.) Or, replace the four (4) existing 50 ton Trane packaged rooftop units with new Trane evaporative condensing rooftop units (nominal 59 tons capacity). Please note that this includes using existing domestic water lines and roof drains for the evaporative condensing section, and does not include upgrades (if desired or required by the city) to existing domestic water or drain lines. The existing units have an operating weight of approximately 8,300 pounds; the new units would have an operating weight of approximately 11,000 pounds. Please note that structural review or modifications are not included. The provision of four new chemical treatment systems (one per unit) is included, with a small roof platform for each (final hot mop roofing of platform by '2008-25 EXHIBIT 1 City's preferred roofer is not included). $774,596.00. If the City prefers that the units use R-407C refrigerant in lieu of R-22, add $10,283.00. 2.) Police Department. Review and re-commission the existing zone controls. $7,685.00. 3.) Police Department. Add 15 tons of heat pump split systems to address specific warm areas in the building, with the outdoor units located outdoors, on grade, as already reviewed with City personnel. Use controls compatible with existing system. Revise existing zones to accommodate the new systems. Include smoke detector wired to shut down units in the event of smoke detection. This item specifically includes new electrical service for these new units. $104,906.00. All prices shown are valid for work authorized with valid contract within sixty (60) days of the date of this letter. Please let me know if you have any questions. Sincerely, Michael Gallagher