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HomeMy WebLinkAbout2017-096i z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22,, 23 24 25 26 27 28 RESOLUTION NO. 2017-96 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A VENDOR SERVICE AGREEMENT WITH ANDERSON AIR CONDITIONING FOR THE 5TH STREET SENIOR CENTER HEATING, VENTILATION AND AIR CONDITIONING ROOF -TOP UNIT REPLACEMENT PROJECT WHEREAS, on April 4, 2017, a formal bid was solicited by Parks, Recreation and Community Services Department and notices were posted on the City's website and printed in the San Bernardino County Sun Newspaper for the 5th Street Senior Center Heating, Ventilation and Air Conditioning Roof -Top Unit Replacement Project; and, WHEREAS, the bids were opened publicly on April 25, 2017, at 3:00 p.m.; and, WHEREAS, Anderson Air Conditioning, located at 2100 E. Walnut Ave., Fullerton, California 92831, was determined to have submitted the lowest and most responsive bid for the 5t' Street Center Heating, Ventilation and Air Conditioning Roof -Top Replacement Project pursuant to RFQ-F-17-12. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. A contract is hereby awarded to Anderson Air Conditioning in an amount not to exceed $200,000.00, which includes a contingency amount of $ 16,888.00. SECTION 2. All other bids, therefore, are hereby rejected. SECTION 3. The City Manager or his/her designee is hereby authorized and directed to execute a Vendor Service Agreement with Anderson Air Conditioning, a copy of which is attached hereto and incorporated herein by reference as though set forth at length and marked as Exhibit "A." 1 t 2'. 3 4''. S'' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The Director of Finance or his/her designee is directed to issue a Purchase Order to Anderson Air Conditioning for a total amount not to exceed $200,000.00, which includes a contingency arnount of $16,888.00. The Purchase Order shall reference this Resolution, state that it is for the 5a' Street Senior Center Heating, Ventilation and Air Conditioning Roof -Top Unit Replacement Project, and incorporate the terms and conditions of the Agreement. SECTION 5. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties, and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 6. The authorization to execute this contract is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of this Resolution. 0) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A VENDOR SERVICE AGREEMENT WITH ANDERSON AIR CONDITIONING FOR THE 5TH STREET SENIOR CENTER HEATING, VENTILATION AND AIR CONDITIONING ROOF -TOP UNIT REPLACEMENT PROJECT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 7th day of June 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X(S) NICKEL X RICHARD X MULVIHILL X ABSTAIN ABSENT George, i Hanna,f, City Clerk The foregoing Resolution is hereby approved this 7'h day of June 2017. R. Carey avis, Mayor City of an Bernardino Approved as to form: Gary D. Saenz, City Attorney By: G ' 3 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANDERSON AIR CONDITIONING FOR THE 5TH STREET SENIOR CENTER HEATING, VENTILATION AND AIR CONDITIONING ROOF -TOP UNIT REPLACEMENT PROJECT This Vendor Service Agreement is entered into this 7th day of June 2017, by and between Anderson Air Conditioning ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the 5th Street Senior Center, located at 600 W. 5th Street, San Bernardino, California 92404 is comprised of a senior recreation center that is used as a senior nutrition meal site, senior resource center, and authorized cooling center, as well as the main office for the grant -funded Retired Senior Volunteer Program and Senior Companion Program (hereafter referred to as the "Center"); WHEREAS, the Center is in need of a heating, ventilation and air conditioning roof -top unit replacement, and the Mayor and City Council of CITY has determined that it is advantageous and in the best interest of CITY to contract for the replacement of the heating, ventilation and air conditioning unit; WHEREAS, after soliciting bids for the replacement of the heating, ventilation and air conditioning unit from available vendors, CITY has determined that VENDOR can best meet CITY's needs; WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code §§ 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to replace the heating, ventilation, and air conditioning roof -top unit at the Center, as set forth in CITY's RFQ F-17-12 (dated April 4, 2017), attached hereto and incorporated herein as Exhibit "A" ("Services"). Services will not be deemed complete until CITY confirms, in writing, that all products and services are in place and the system is operating. VENDOR shall remove and dispose of all rubbish, debris, waste, dust, or surplus materials that accumulate through the course of this Agreement. CITY may elect if required, upon written notice to VENDOR, to perform cleanup, the cost for which will be deducted from the Agreement amount. 1 2. COMPENSATION AND EXPENSES. a. For the Services delineated above, CITY, upon presentation of an invoice, shall pay VENDOR an amount of $183,112.00, with a contingency amount of $16,888.00, for a total amount not to exceed $200,000.00, pursuant to the rates set forth in VENDOR's response to RFQ F-17-12, attached hereto and incorporated herein as Exhibit "B". b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. All work shall be fully completed within 60 days from the "Notice to Proceed," but no later than August 31, 2017. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties prior to the expiration of the Agreement. 4. INDEMNITY. VENDOR agrees to and shall indemnify and hold CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of VENDOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of Services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at its own expense, including attorneys' fees, CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR shall defend, indemnify, and hold CITY, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of VENDOR to comply with the Prevailing Wage Laws. VENDOR hereby waives any and all rights to any types of express or implied indemnity against CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the VENDOR relating to or in any way connected with the accomplishment of the work or performance of Services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to CITY shall require the insurer to notify CITY at least 30 days prior to any change or termination in the policy. 2 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the Services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Title 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature which are legally required of VENDOR to practice its business or profession. 9. PREVAILING WAGE AND LABOR CODE REQUIREMENTS. VENDOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services under this Agreement are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, VENDOR agrees to fully comply with such Prevailing Wage Laws. 10. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 3 TO THE CITY: Parks, Recreation & Community Services Department 201 N "E" Street, Suite 301 San Bernardino, CA 92418 (909) 384-5233 11. ATTORNEYS' FEES. TO THE VENDOR: Anderson Air Conditioning 2100 E. Walnut Avenue Fullerton, CA 92831 (714) 888-6800 In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorneys' fees for the City Attorney and members of his/her office shall be calculated based on the market rate for comparable services. 12. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 13. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 15. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 17. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: t��iAz 36 , 2017 Dated: Tum ',?/ , 2017 Approved as to Form: Gary D. Saenz, City Attorney By: —3;:d Ovia VENDOR By: Its: /0' vo G1� CITY OF SAN BERNARDINO By: XL,.C-Zl Mark Scott, City Manager ATTEST: Georgeann danna, CM(, by Clerk