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HomeMy WebLinkAbout09- Parks & Recreation Department ri 9.a 4W $ p�WARDJ�O c Consent Calendar r M r City of San Bernardino Request for Council Action d a c. d Date: June 5, 2017 U Q To: Honorable Mayor and City Council Members = From: Mark Scott, City Manager By: Jim Tickemyer, Director, Parks, Recreation & Community o Services r_ Mitch Assumma, Community Recreation Manager N Y Rodney E Schmidt, Accounting Technician i r co Subject: 5t" Street Senior Center Heating, Ventilation, and Air Ln Conditioning Unit Replacements ti 0 0 Recommendation Ln Adopt a Resolution of the Mayor and City Council of San Bernardino, California, authorizing the City Manager or his designee to execute a Vendor Service Agreement a with Anderson Air Conditioning for the 5T Street Senior Center Heating, Ventilation and w Air Conditioning Roof-Top Unit Replacement Project. Back round d The 5� Street Senior Center has been dedicated to serving the aging population of San Bernardino since December 14, 1977. The Center provides a variety of activities and resources for seniors. Resources available at the Center include a Senior Nutrition program that serves over 50,000 meals annually and is grant funded. The Center is also a designated cooling station and is open to the senior community during heat = waves. a In 1985, pre-coolers were installed to increase efficiency of the air conditioning system. c On June 30, 1988, one of two compressors failed and was repaired and operational by August 10, 1988. Resolution # 98-317, adopted by the Mayor and City Council on Cn November 4, 1998, authorized the installation of a new air-conditioning unit at the Stn Street Senior Center. The unit installed at that time is the same unit that is currently in n use at the Center. Ln If approved by the Mayor and City Council, the proposed project would replace the entire heating, ventilation, and air conditioning system at the Center thereby increasing the reliability and efficiency of the system. a 0 Packet Pg. 130 Discussion 0 On April 4, 2017, a formal bid process was initiated to solicit bids for the Heating, Ventilation, and Air Conditioning Roof-Top Unit replacement for the 5th Street Senior Center pursuant to Request for Quote No.: F-17-12. Notices were posted on the City's I website and printed in the San Bernardino County Sun Newspaper. E U fC A mandatory job-walk was conducted on April 11, 2017 Six vendors attended the mandatory job-walk, five of which submitted bids. None of the vendors that responded are located in the City of San Bernardino. Bids were opened publicly on April 25, 2017, at 3:00 p.m. _ The results of the bid opening are as follows: NAME OF BIDDER CITY BID AMOUNT Anderson Air Conditioning Fullerton, CA $ 183,112 cn Western Air Conditioning Rancho Cucamonga, CA $196,000 Franklin Mechanical System, Inc. Beaumont, CA $ 199,650 U) United Mechanical Contractors Simi Valley, CA $206,000 LO Western Allied Santa Fe Springs, CA $ 213,924 0 0 After a complete review of the five sealed competitive bids and verification of =' mathematical calculations and certifications, staff has determined that Anderson Air ~ Conditioning is the lowest responsive bidder who meets the minimum requirements of the bid specifications and guidelines. Based on the above information, Anderson Air Conditioning is the responsible bidder and staff recommends that the contract be awarded to Anderson Air Conditioning E The lead time to receive the equipment post Bid Award (following approval by the Mayor and City Council) is twelve weeks. Construction will begin in September 2017. The expected completion date for the Project, including removal of existing system, will be October 1, 2017. a Fiscal Impac# Sufficient CDBG funding has been allocated in the FY 2016-17 Adopted Budget to support this project in the arnount of$200,000, which includes a $16,888 contingency. o Conclusion Cn Adopt a Resolution of the Mayor and City Council of San Bernardino authorizing the City Manager to execute a contract between the City of San Bernardino and Anderson v, Air Conditioning for the Heating, Ventilation and Air Conditioning Roof Top Unit to be installed at 5th Street Senior Center. Attachments Attachment 1 Resolution: Exhibit A—Vendor Service Agreement a Packet Pg. 131 • Ward: 1 N r Synopsis of Previous Council Actions: E m November 4, 1998, Resolution # 98-317 _ a U Q 2 L a� c a� U L O d d d L N L LO H I- 0 O O LO F- ® O a LU o! N C d E d V R Q d Q' U a L d d U L O m N 4) m m L CO L LD w C E L U f6 a+ Q Packet Pg. 132 This Page Is Left Intentionally Blank ow 9.b 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A VENDOR SERVICE AGREEMENT WITH 4 ANDERSON AIR CONDITIONING FOR THE 51H STREET SENIOR CENTER 5 HEATING, VENTILATION AND AIR CONDITIONING ROOF-TOP UNIT REPLACEMENT PROJECT 6 WHEREAS,on April 4,2017, a formal bid was solicited by Parks, Recreation = a 7 U and Community Services Department and notices were posted on the City's website and 0 r_ at CO 9 printed in the San Bernardino County Sun Newspaper for the 5th Street Senior Center Heating, a� L 10 Ventilation and Air Conditioning Roof-Top Unit Replacement Project; and, co t Ln Ln 11 WHEREAS,the bids were opened publicly on April 25, 2017, at 3:00 p.m.; and, 0 12 WHEREAS,Anderson Air Conditioning, located at 2100 E. Walnut Ave.,Fullerton, 13 z California 92831,was determined to have submitted the lowest and most responsive bid for w 14 15 the 5th Street Center Heating,Ventilation and Air Conditioning Roof-Top Replacement a 16 Project pursuant to RFQ-F-17-12. Q vs 17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY E a� 18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a W 19 X SECTION 1. A contract is hereby awarded to Anderson Air Conditioning in an Q 20 > amount not to exceed $200,000.00,which includes a contingency amount of$ 16,888.00. _ 21 22 SECTION 2. All other bids,therefore, are hereby rejected. 0 23 SECTION 3. The City Manager or his/her designee is hereby authorized and directed cn T 24to execute a Vendor Service Agreement with Anderson Air Conditioning, a copy of which is 25 attached hereto and incorporated herein by reference as though set forth at length and marked 26 as Exhibit"A." E 27 w 28 a 1 i Packet Pg. 133 9.b 1 SECTION 4. The Director of Finance or his/her designee is directed to issue a N 2 Purchase Order to Anderson Air Conditioning for a total amount not to exceed $200,000.00, E 3 which includes a contingency amount of$16,888.00. The Purchase Order shall reference this a 4Resolution, state that it is for the 5th Street Senior Center Heating, Ventilation and Air U 5 a Conditioning Roof-Top Unit Replacement Project, and incorporate the terms and conditions = 6 ` 7 of the Agreement. v L 8 SECTION 5. This contract and any amendment or modifications thereto shall not 2 9 take effect or become operative until fully signed and executed by the parties, and no party d L 10 shall be obligated hereunder until the time of such full execution. No oral agreements, M Ln 11 amendments, modifications or waivers are intended or authorized and shall not be implied o 12 from any act or course of conduct of any party. 13 z 14 SECTION 6. The authorization to execute this contract is rescinded if the parties to W 15 the contract fail to execute it within sixty(60) days of passage of this Resolution. a 16 17 E 4) 18 19 20 > 21 U 22 c 23 24 L 25 26 27 28 111 2 Packet Pg. 134 9.b ® 1 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 2 ANDERSON AIR CONDITIONING FOR THE 5TH STREET SENIOR CENTER E 3 HEATING, VENTILATION AND AIR CONDITIONING ROOF-TOP UNIT u 4 REPLACEMENT PROJECT 5U I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor x 6 ` d and City Council of the City of San Bernardino at a meeting thereof, held on the day of_ , 2017, by the following vote, 2 8 d Cn 9 to wit: 10 `n Council Members: AYES NAYS ABSTAIN ABSENT 11 •• MARQUEZCo 0 12 13 BARRIOS z W 14 VALDIVIA 15 SHORETT 16 a NICKEL 17 E RICHARD ---_.__ 0 18 U Q 19 MULVIHILL v a 20 x 21 Georgeann Hanna, CMC, City Clerk 2 aD U 22 The foregoing Resolution is hereby approved this day of_ _, 2017. `o_ c 23 w 24 Cn 25 R. Carey Davis, Mayor r City of San Bernardino `O 26 Approved as to form: s 27 Gary D. Saenz, City Attorney R a� 28 a 3 Packet Pg. 135 This Page Is Left Intentionally Blank 9.b VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANDERSON AIR CONDITIONING FOR THE 5""STREET SENIOR CENTER HEATING,VENTILATION AND AIR CONDITIONING ROOF-TOP UNIT REPLACEMENT PROJECT a> U This Vendor Service Agreement is entered into this day of ,2017,by Q and between Anderson Air Conditioning("VENDOR") and the City of San Bernardino X ("CITY" or"San Bernardino'). v a WITNESSETH: L d WHEREAS, the 5h Street Senior Center, located at 600 W. 5"' Street, San Bernardino, California 92404 is comprised of a senior recreation center that is used as a senior nutrition meal c site, senior resource center, and authorized cooling center, as well as the main office for the in grant-funded Retired Senior Volunteer Program and Senior Companion Program (hereafter referred to as the"Center"); ' z WHEREAS, the Center is in need of a heating, ventilation and air conditioning roof-topLn 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, o ventilation and air conditioning unit; " WHEREAS, after soliciting bids for the replacement of the heating, ventilation and air W conditioning unit from available vendors, CITY has determined that VENDOR can best meet = CITY's needs; a WHEREAS, no official or employee of CITY has a financial interest, within the a provisions of California Government Code §§ 1090-1092, in the subject matter of this Agreement. E d U NOW, THEREFORE,the parties hereto agree as follows: C 1. SCOPE OF SERVICES. a x 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 v "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 co 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. CnCn LO u E s U n: r a 1 Packet Pg. 136 a 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 u response to RFQ F-17-12, attached hereto and incorporated herein as Exhibit`B". a b. No other expenditures made by VENDOR shall be reimbursed by CITY. Q x 3. TERM; TERMINATION. a� All work shall be fully completed within 60 days from the "Notice to Proceed," but no v later than August 31, 2017. This Agreement may be terminated at any time by thirty (30) days' c written notice by either party. The terms of this Agreement shall remain in force unless amended in by written agreement of the parties prior to the expiration of the Agreement. SD r 4. INDEMNITY. s LO VENDOR agrees to and shall indemnify and hold CITY, its elected officials, employees, ti 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 z subcontractors, relating to or in any way connected with the accomplishment of the work or w 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 Q 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, E 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 a 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 a VENDOR relating to or in any way connected with the accomplishment of the work or = performance of Services under this Agreement. , d 5. INSURANCE. 0 While not restricting or limiting the foregoing, during the term of this Agreement, con 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 L termination in the policy. M 2 Packet Pg. 137 9.b 6. NON-DISCRIMINATION. c 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, Q ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation,or any other status protected by law. Q x 7. INDEPENDENT CONTRACTOR. L a� c VENDOR shall perform work tasks provided by this Agreement, but for all intents and U purposes VENDOR shall be an independent contractor and not an agent or employee of the Lo CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of N 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. Ln ~ 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. o 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, W qualifications, insurance and approval of whatever nature which are legally required of = VENDOR to practice its business or profession. a a 9. PREVAILING WAGE AND LABOR CODE REQUIREMENTS. d E 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., C ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the W performance of other requirements on certain "public works" and "maintenance" projects. If the a Services under this Agreement arc being performed as part of an applicable "public works" or > x "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. U L O 10. NOTICES. in w CD Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: U' LOr LO a� E s U 3 a Packet Pg. 138 i TO THE CITY: TO THE VENDOR: Parks, Recreation&Community Anderson Air Conditioning Services Department 201 N"E" Street, Suite 301 2100 E. Walnut Avenue 4) San Bernardino, CA 92418 Fullerton, CA 92831 a (909) 384-5233 (714) 888-6800 U 11. ATTORNEYS' FEES. 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, U including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its `o rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions cn hereof. Attorneys' fees for the City Attorney and members of his/her office shall be calculated based on the market rate for comparable services. 2 co r 12. ASSIGNMENT. La VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or o 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. w 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. a 13. VENUE. c a� E 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 Q. Bernardino, State of California or the U.S. District Court for the Central District of California, M Riverside Division. The aforementioned choice of venue is intended by the parties to be a mandatory and not permissive in nature. i a 14. GOVERNING LAW. a U This Agreement shall be governed by the laws of the State of California. ° a� 15. SUCCESSORS AND ASSIGNS. a a This Agreement shall be binding on and inure to the benefit of the parties to this Cn Agreement and their respective heirs,representatives, successors,and assigns. LO u c a� E R r 4 0 Packet Pg. 139 9.b 16. HEADINGS. c d 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 R a provisions. U 17. SEVERABILITY. > L 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 v enforceability of the remaining terms and provisions hereof or of the offending provision in any `o other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. co a� a� L 18. ENTIRE AGREEMENT; MODIFICATION. Ln N Ln This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner g of this Agreement. This Agreement may be modified or amended only by a written instrument LO executed by all parties to this Agreement. z W L) IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day v and date set forth below. a Dated: 2017 VENDOR. R a By: _ d Its: U x L m c Dated , 2017 CITY OF SAN BERNARDINO v 0 m co By: Mark Scott, City Manager Approved as to Form: LO Gary D. Saenz, City Attorney E r By:--- _. U a 5 Packet Pg. 140 N r NOW C 4) E N V Q U o a U c 2 Cd 0 0 O O m > It w c 2 ID L m Z N u C �- co m O > U U E W cn W_ a , 6 _ L r O O O cn ciU N C w 1O 1 O LOF U I tDLO E' o T o N Z O m z Ln �i w ag V). U - o o 0 0 � a C O i aD f0 Y C CD N COi M Z 0 r Q (n v r. U � ti c i 8. a = i CD 0 U Q. = m D C L o � 0 � 4) ° 0 M 0 o 'o aD N N go N xCL t {� O d� O C0 © C d Ln C O E w a N C 2 0 oo U to O W C N O Op J r Packet Pg. 141 9.b y d E a� v CL (D � Q 'a > wm = i L z � U L 0 Li LLI = m V� T Vn LO Q .. 2 o o j z � I W z tomLU U VO' O H _Q tm CC) n a Q O O M32 c Q O L6 r y U) N Oz N O E O en L c� CA u P � � CO CY > > Q � L •''' Q v c Q = d a� C G C U 2 .E c N c C G w- m C C cn N d) c C tm c0CL cn 41 C X •C + H L tD C L.. w Q O U) > O Z V to ® C N U Q Ol I co J r Packet Pg. 142 9.b N r C d d V t6 Q N U Q 2 • L a> c d U L O d Lo L Y N r Lo r Z W rrL r Q N r C d N V cC C. d U Q 2 L CD U L _o am co r a> m L r N t r C TT lMM^'J' 0 LO V/ •V Y o 00 m C m N t'7 v t!) O O d .. a C � z R lg d d c � o � Q1 vi'l 5 Packet Pg. 143 Odom -rir rel 9.b N a� C E d V Q d U a x L bd U . L O y Ln N d L .r N r H - O O r z W 2 U Q H H Q N a� C d V f6 Q d U Q x L m c m U L O m a� m L s :.s c m E a z Packet Pg. 144 0061 N 0 a-. _ d E EXHIBIT"A" c. SCOPE OF WORK U The Participant will install a new heating,ventilation and air conditioning Roof Top Unit at the i Senior Center located at 600 West 5b Street,San.Bernardino, CA 92401. d Y d U >:seo a oPRiork `o Labor Procure for a labor compliance consultant to: Compliance . Review weekly payrolls. • Conduct periodic sight inspections. • Implement employee questionnaires. s • Identify any findings or observations related to deficiencies found in the LO payroll reports and/or supporting documentation. • Prepare any written correspondence regarding any monitoring. o Demolition Remove existing HVAC Roof Top Unit. • Shut down system and secure(lock out/tag out). w • Recover,evacuate and dispose of hazardous waste per EPA requirements. • Disconnect and separate existing equipment and duct work. • Remove existing unit and dispose of same. a • Install a new Seasons-4 Two Deck Multi-Zone Roof Top Unit or equal. • Unit must be designed to match the existing zones and curb. • Unit must be high efficiency unit built to meet California State Title 24 E requirements. • ETL listed equipment with R-41 Oa refrigerant. Installation/ • Infernally isolated. U Equipment • Reconnect existing electrical disconnect and secure same. • Pre-installation and post-installation air flow screening and balance report = L to City. • Contractor to supply all labor, tools, materials, equipment, crane, rigging and obtain all applicable permits. o • Provide factory authorized technical support to start up new RTU and configure DDC zone controls. • 1 year warranty on workmanship. L • 1 year warranty on parts and I labor. N� r LO a� E -60- Packet Pg. 145 s 9.b EXHIBIT "B" E a� PROJECT BUDGET Q. Planning and Design Fees $2,000 $2,000 Removal and replacement of HVAC $194,000 $194,000 .2 Roof To Unit _ Project Management and Labor $4,000 $4,000 m Compliance Monitoring Services , Total $200,000 $200,000 Participant shall apply the City Grant funds received from the City under this Agreement in o accordance with the line item budget set forth in this Project Budget. LT r Z cWc 2 U Q H H Q vi c d E m U a m U Q L m r C a> U L O m N r m 4> L Cn LO E U Q Packet Pg. 146 E7HII$IT"C" c SCHEDULE OF PERFORMANCE E d U R - _ __ -- a TASK TIME FOR PERFORMANCE W 1. 1 Design aid Specifications February 2017 Q 2. Prepare Environmental.Review _ Record March 2017 3, Prepare and advertise bid document March 2017 v 4. Receive Mayor and Common Council _ Lo authorization to award contract to r_ lowest,responsible and responsive May 2017 in bidder. 5. Enter into agreement with Contractor, (0 Issue Notice to Proceed,and hold May 2017 U) pre-construction meeting. 6. Start construction August 2017 n 7. Project progress inspections August 2017 8. Complete construction August 2017 w -- -- 9. Issue Notice of Completion September 2017 Q It is understood that the foregoing Schedule is subject to all of the terms and conditions of the text of the Agreement. The summary of items ofperformance in the Schedule isnot intended E to supersede or modify any more complete description in the text;in the event of any conflict or inconsistency between this Schedule and text of the Agreement, the text of the Agreement shallCL govern. . Times of performance under this Agreement may be extended by mutual written agreement of City and Participant. The Contract Officer of City shall have the authority on > behalf of City to approve extensions of time. _ L a� r a� U L p d W d L Cn 5 bd c d E V Packet Pg. 147