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~ITfoF SAN BERNARDI.Q - REQUJsT FOR COUNCIL AU-ION
From: Wayne Overstreet, Chairman
City Energy Conservation Committee
Dept: Public Buildings/Parking Control
Data: May 13, 1987
Subject: AUTHORIZATION TO EXECUTE AN AGREEMENT ~llTH
, NATIONAL ENERGY MANAGEMENT INSTITUTEu-
PERFORM GEOTHERMAL FEASIBILITY ANO DESIGN
SURVEY FOR CENTRAL GARAGE AND CITY HALL
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Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
cc: Ray Schweitzer
Jim Penman
Roger Hardgrave
Contact parson: Wayne Overstreet
Agreement
Supporting data attached: '
Phone: 383-5244
Resolution & Staff Report Ward: #1
FUNDING REQUIREMENTS:
Amount: $3,000
Sou rce:
(ACCT.
( ACCT.
NO.) 001-325-53225
DESCRIPTION) Special Derartmental Supp~ies" (ECC Accl
Finance:','),:' ):) t''''vry ~J j J/:~-{ , J :~, -
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Council Notes:
Agenda Item No, ~
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CI~ OF SAN BERNARD~O - REQQ:ST FOR COUNCIL ~TION
STAFF REPORT
A preliminary report, from the Geothermal En~ineer for the
San Bernardino Water Department, was presented to the Energy
Conservation Committee, "ECC" on April 8, 1987, with a
proposal to retro-fit the Central Garage facility space
heating, domestic water, wash racks, and the City Hall
domestic hot water system to accept geothermal energy.
It was
Central
year in
sav ings
estimated in this report
Garage facility would save
natural gas usage, and that
of approximately $550.00 per
that retro-fitting the
approximately $8,000 per
City Hall would have a
year.
The Geothermal Engineer's estimated cost for city Central
Garage was approximately $49,000, less a grant of
approximately $4,000 from the California Energy Commission,
administered through the San Bernardino Municipal Water
Department, with a pay back of approximately 6 years, or
less.
The conversion cost for the City Hall domestic
system was estimated at approximately $2,000 with a
of approximately 5 years or less.
hot water
pay back
It was the recommendation of the City's "ECC" to hire an
outside consultant service that specialized in energy
auditing, that were nationally registered, and would be
familiar with geothermal energy conservation, and would be
acceptable to the San Bernardino Ilunicipal Water Department's
Geothermal Engineer and the California Energy Commission.
Organizations in California, who have the capability to
prov ide' such serv ice, were ' requested to prov ide such
proposals. A proposal was received from the National Energy
Management Institute of California, a non profit
organization. This company offered a feasibility study,
project management, energy servicesi and construction
management for the above stated projects. A briefing was
provided to the "ECC" by this organization.
It was the opinion of the "ECC" that such a professional
services agreement should be restricted to two phases.
1. To dete rmine the actual feasibility and cost
effectiveness of the installation of a geothermal
heating system at the Central Garage and the City
Hall domestic water system.
2. To provide recommendation for appropriate design
and implementation strategies. The cost for stage
I is $3,000, which would restrict their scope of
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service as noted in the attached agreement page 1
thru 3.
If, the feasibility study shows that t~ese projects
will be a financial benefit to the city, a
recommendation will be made to the Council for
approval of an agreement for design and
installation. The financing of this professional
service contract should be funded from the cities
"ECC" rebate funds that were established by the
Mayor and Common Council, of which there is
approximately $12,000 at this time.
The inability to heat the Garage during cold
weather has affected employees moral. The present
facility does not allow us the capability to
provide minimum heating during cold weather without
excessive cost to the city.
We believe, the retro-fitting of the Garage with
geothermal heating would not only be cost
effective, but greatly improve the moral of the
garage employees. Therefore it was the consensus
of the "ECC" that this project should be pursued.
We recommend that the agreement to authorize
preparation of a feasibility study be approved.
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NATIONAL ENERGY MANAGEMENT
3 INSTITUTE REI.ATING TO PROVIDING GEOTHERMAL FEASIBILITY AND DF.SIGN
SURVEY OF THE CITY' S CENTRAL GARAGE FACILITY Aim DOMESTIC fl0T
4 WATER SYSTEM AT CITY HALL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Chairman of the City ",r :::""-,'u,,," , t,(
8 Energy Conservation Committee is hereby autho, ~ zed cnc (1': (( 1, c'
9 to execute, on behalf of said City, an agreement with National
10 Energy Management Institute relating to provioing Geothermal
11 Feasibility and Design Survey of the City's Central Garage
12 Facility and Domestic Hot Water System at City Hall, which
13 agreement is attached hereto, marked Exhibit "A" and inCO(pOiatcd
14 herein by reference as fully as though set forth at length.
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Section 2. The agreement shall not take effect until
16 fully signed and executed by both parties. The City shall not be
17 obligated hereunder unless and until the agr~cGent is fully
18 executed and no oral agreement relating thereto shall be implied
19 or uuthorized
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
Bernardino at a
,__ meeti.ng thereof, helr1 on
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. __ day of
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1 9 P7, by the
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AYES:
NAYS:
ABSENT:
I:ity CJerk
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8 The foregoing resolution is hereby approved this ____ day
9 of
, 1987.
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Mayor of the City of San Bernardino
Approved as to form:
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15 City Attorney
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AGREErmNT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this
day
, 1987, by and between the CITY OF
of
SAN BERNARDINO, a municipal corporation, hereinafter called
"City., and NATIONAL ENERGY MANAGEMENT INSTITUTE, hereinafter
called "Provider".
WITNESSETH
WHEREAS, City desires to provide for a geothermal
feasibility and design survey of the City's Central Garage
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fad, 1 ity and Domestic Hot Water System at City Hall;
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WHEREAS, in order to obtain such survey it is necessary to
retain the professional services of a qualified provider of said
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professional services; and
WHEREAS, Provider is qualified to providf said profession'll
services for the proper conduct of such survey; and
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WHEREAS, the Mayor and Common Council of the City of San
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I'JOW, THEREFORE, it is mutually agreed as follows:
1. GENERAL
Provider shall perform those services specified in .Scope
of Services., a copy of which is attached herelo as Exhibit Band
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incorporated herein by reference and made D part hereof as though
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fully set forth at this point.
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Performance of the work specified in saj~ proposal is made
an oblIgation of Provider under this Agreement; subject to any
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changes made subsequently with the mutual agre0ment of the
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} arties hereto. No such changes shall become binding or
2 ompensable by City unless and until approved ty the Chaicrnan of
3 the City of San Bernardino Energy Conservati~n Cpmmittee,
4 hereinafter "Chairman", or a designated representative, in
5. ri t i ng.
6 2. COMPENSATION
7 Compensation to Provider for the total, services to be
8 rendered pursuant to this Agreement shall be Thlee Thousand
9 ollars ($3,000.00).
10 3. EXTRA SERVICES
11 No extra services shall be compensated by Ci.ty under this
12 greement unless and until such extra servi.c~s have been
13 authorized, in writing, by Chairman, or his de3~gnee. Authorized
14 extra services shall be invoiced in an amount based on Provider's
15 cost of changes and as approved by Chairman.
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4. PAYMENT BY CITY
The hilling for all services rendered pursuant to this
18 Agreement shall be submitted by Provider to eitl and shal~ be
19 paid by City within thirty (3D) days after acce[tance of the
20 survey report by the Chairman.
2] 5. RIGHL-QL INSPF:CTION
22 The Chairman, or his designee, shall have the right or
23 gen~ral review of all work performed by Provider and shall be
24 City'" agent with respect to obtaining Provi,der's compliance
25 hereunder. No payment for any services rendered under this
26 agreement shall be made without prior written approval of the
27 Chairman, or his designe~. The Chair~an specifically is not
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] hereby authorized to supervise in any manner the operation of
2 Provider.
3 6. ASSURANCE OF COMPLIANCE WITH CIVIL! RIGHTS r,AWS
4 Provider hereby certifies that it will not discriminate
5 against any employee or applicant for employment because of race,
6 color, religion, sex, marital status or national origin.
7 Provider agrees to take affirmative action to ensure that
8 appJ icants are employed and employees are treated during
9 employment without regard to their race, color, religion, sex,
10 marital status or national origin. Such action shall include,
1] but not be limited to the following: employment, upgrading;
]2 demotion or transfer; recruitment or recruitment advertising; and
13 designated representatives. In addition, Pro" ider shall not
14 exclude from participation in, deny the benefits of or subject to
]5 discrimination under thi.s Agreement any employee or appl icant for
]6 employment on the basis of age under the Age Discrimination A Act
17 of 1975 or with respect to an otherwise qualified handicapped
]8 individual as provided in Section 504 of the Rehabilitation Act
19 of 1973 or religion except that any exemption from such
20 prohibition against discrimination on the basis of religion as
2] provided in the Civil Rights Act of 1964 or Title VIII of April
22 11, 1968, as amended, shall also apply.
23 7. TERMINATION OF AGREEMENT
24 City shall have the right to terminate this Agreement for
25 cause, upon ten days' written notice of such termination to
26 Provider, setting forth the grounds for such termination.
27 Grounds shall include but shall not be limited to breach of any
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1 of the conditions contained in the agreement or within the scope
2 of services, or impossibility of performance. In the event of
3 such termination, the Chairman, or his desigheei shall determine
4 the amount of fees to be paid to Provider for uncompensated
5 services performed by Provider prior to the date of termination.
6 Such findings by the Chairman, or his designee, as approved by
7 the Mayor and Common Council of the City of San Bernardino shall
8 be final and coriclusive as to the amount of such fee for
9 uncompensated services. Provider shall not receive any other
10 payment.
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8. INDEPENDENT CONTRACTOR
Provider shall act as an independent cont [actor in the
13 performance of the services provided for in this Agreement.
14 They shall furnish'such services in Provider'~ own manner and
15 method and shall not be considet-ed an agent or employee of City.
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9. NON-83SIGNMENT
This Agreement iE not assignable either in whole or in part
18 by Provider without the written consent of Citj'. Any other
19 purported assignments of this agreement are hereby rend~red void
20 and of no effect.
2] 10. INDEMNIFICATION
22 Provider hereby agrees to and shall hold rity, its electIve
23 and appointive boards, officers, agents and employees harmless
24 from any liability for damage or claims for damage for personal
25 injury including death as well as from claims for property
26 damage which may arise from Provider'S acts, errors or omissions
27 under this Agreement. Provider agrees to and shall defend City
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1 and its elective and appointive boards, officers, agents and
2 employees from any suits or actions at law or in equity for
3 damages caused by reason of any of the aforesaid acts, errors or
4 omissions. Insurance shall be in accordance with Item H under
5 "Services by provider" in Exhibit B Scope of Services, attached
6 hereto. Provider, at provider's sole cost and expense shall
i provide and maintain Workers' Compensation Insurance coverage
8 with the statutory limits of liability as set forth by the laws
9 of the State of California. The policy shall be endorsed to
10 waive the rights of subrogation against the City.
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11. This Agreement contains all agreements of the parties
12 with respect to any matter mentioned herein. No prior agreement
13 or understanding pertaining to any such matters shall be
14 effective. This Agreement shall be modified in writing only,
15 signed by the parties in interest at the time of the
16 modification.
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12. NOTICES.
18 Official notices relative to the services provided under
19 this Agreement shall be in writing addressed to the following:
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Provider
City
National Energy Management Inst.
5777 Madison Ave., Ste 580
Sacramento, CA 95841
Energy Conservation Committee
300 North D Street
San Bernardino, CA 92418
Attn: Wayne Overstreet, Chairma
IN WITNESS WHEREOF, the parties hereto have caused this
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25 Agreement to be executed on the date first above written by their
26 respective officers duly authorized in that behalf.
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SAN BERNARDINO ENERGY CONSERVATION
COMMITTEE
By
WAYNE OVERSTREET, Chairman
NATIONAL ENERGY MANAGEMENT INSTITUTE
By
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