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HomeMy WebLinkAbout21-Public Buildings ~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 ,-,.- 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 :~, - J / , Council Notes: Agenda Item No, ~ - 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 75-0264 C 0 ':> :) 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. - c. c ~ J ..../ 1 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: 6 7 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. 15 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 22 23 t bl..:.'" . __ day of -------.---.--.---, 1 9 P7, by the 24 [c)'i 'ovI"irIS ',cd \'1 i (.1 \>Ijt: 25 26 27 28 5/21/87 1 c c '-0.../ :) 1 2 3 4 5 6 AYES: NAYS: ABSENT: I:ity CJerk 7 8 The foregoing resolution is hereby approved this ____ day 9 of , 1987. 10 11 , 12 Mayor of the City of San Bernardino Approved as to form: 13 14 -- , . .. -'.",.,<!~ '~s? ," .,. '. ~~'~:':.r.1!';r:.~/ _._--- - ---"----..------- 15 City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 5/21/87 2 c c J "."', , --/ 1 2 3 4 5 6 7 8 9 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 10 fad, 1 ity and Domestic Hot Water System at City Hall; 11 12 WHEREAS, in order to obtain such survey it is necessary to retain the professional services of a qualified provider of said 13 14 15 professional services; and WHEREAS, Provider is qualified to providf said profession'll services for the proper conduct of such survey; and 16 17 WHEREAS, the Mayor and Common Council of the City of San 19 20 21 22 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 23 incorporated herein by reference and made D part hereof as though 24 fully set forth at this point. 25 26 Performance of the work specified in saj~ proposal is made an oblIgation of Provider under this Agreement; subject to any 27 changes made subsequently with the mutual agre0ment of the 28 5/21/87 1 c o o :) } 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. 16 17 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 28 5/21/87 2 c () o :) ] 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 28 5/21/87 3 c o o .) 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. 11 12 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. 16 17 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 28 5/21/87 4 c c () :) 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. 11 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. 17 12. NOTICES. 18 Official notices relative to the services provided under 19 this Agreement shall be in writing addressed to the following: 20 21 22 23 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 24 25 Agreement to be executed on the date first above written by their 26 respective officers duly authorized in that behalf. 27 28 5/21/87 5 c' c o 1 Dated: 2 3 4 5 6 7 Dated: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5/21/87 o :> SAN BERNARDINO ENERGY CONSERVATION COMMITTEE By WAYNE OVERSTREET, Chairman NATIONAL ENERGY MANAGEMENT INSTITUTE By 6