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HomeMy WebLinkAbout1995-06-20; City Council; 13187; ANNUAL CONTRACT FOR PREVENTATIVE MAINTAINANCE FOR MECHANICAL SYSTEMS AND EQUIPMENT& cz ‘ 5 x 8 c 4. =! 3 0 -,/ * CI@ OF CARLSBAD - AGEW BILL - - DEP AB # jg! 1 b3 TITLE: MTG. (j$G -95 PREVENTATIVE MAINTENANCE FOR ClTIl DEPT. PCH MECHANICAL SYSTEMS AND EQUIPMENT CIT~ RECOMMENDED ACTION: ANNUAL CONTRACT FOR Staff recommends Council adopt Resolution No. %-/S9, accepting the proposal of, and awarding a contract to, Southcoast Heating & Air Conditioning the maintenance of heating and air conditioning and related systems for the pei of July 1, 1995 through June 30, 1998, with the option to renew for two additic one-year periods. ITEM EXPLANATION: The City of Carlsbad Building Maintenance Superintendent has “out-sourced” periodic maintenance and repair of the City’s heating and air conditioning for K years. The Facilities Management Division has the responsibility to maintain equipment at over 30 separate facilities throughout the City. As the numb€ facilities has increased, the amount spent annually for maintenance and repairs risen significantly. An annual contract, with one contractor, will provide more effic service and allow the City to control the costs for maintenance and repairs. In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders published and Requests for Bid was made of six contractors. Southcoast Heating Air Conditioning submitted the lowest bid of the four bids received. The bids tabulated below: c PREVENTIVE ESTIMATED MA1 NT ENANCE REPAIR COSTS TOTAL CONTRACTOR WATER TREATMENT (LABOR & MATERIAL) COSTS Southcoast Heating & Air Conditioning $1 6,036.00 $28,250.00 $44,286.00 A. 0. Reed & Company $23,319.00 $28,600.00 $51,919.00 Mesa Energy Systems $20,988.00 $32,400.00 $53,388.00 Air Conditioning Company $32,236.26 $34,100.00 $66,336.26 FISCAL IMPACT During 1994-95, the costs for maintenance is expected to be $1 5,000; water treati $3,000 and repairs $29,000. Funds for mechanical systems maintenance and rei are included in the Building Maintenance Services 1995-96 budget. EXHIBITS: 1. Memo Recommending Award 2. Resolution No. PS-/S’’ with Agreement attached as Exhibit A. I a 0 EXHIBIT 1 May 8, 1995 TO: PURCHASING OFFICER FROM: Facilities Superintendent HVAC - ANNUAL CONTRACT BID I have reviewed the bids for the annual HVAC contract and Southcoast Heating and Air Conditioning’s bid of $44,286 is deemed to be the lowest responsive, responsible bid. The meet all the City’s criteria specified and have a history of good performance with the City. Therefore I recommend they be awarded the annual HVAC contract effective July 1, 1995. I would like to thank you and your staff for your patience and assistance in completing this contract. If you have any questions or require additional information, please do not hesitatc to call me. cw CHUCK WALDEN kq c: Community Services Director Building Maintenance Supervisor MEW51 76 FM 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 EXHIBIT 2 RESOLUTION NO. 95-159. A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR MAINTENANCE OF MECHANICAL SYSTEMS AND EQUIPMENT NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, C as follows: 1. That the bid of Southcoast Heating 8. Air Conditioning, 4055 Ocean: Oceanside CA 92056, is hereby accepted and the Purchasing Officer is hereby a to execute a purchase order for the acquisition of maintenance services for the peril 1, 1995 through June 30, 1998, which may be renewed by the City Managc additional one (1) year periods, with revised contract prices set by mutual agreer 2. That the Mayor of the City of Carlsbad is hereby authorized and ( execute a contract, a copy of which is attached hereto, for and on behalf of 1 Carlsbad. PASSED, APPROVED AND ADOPTED by the C'ky Council of the City of t a regular meeting held on the 20th day of JUNE , 1995, by tt vote, to wit: ! AYES: Council Members Lewis, Nygaard, Kulchin, Finnila , Hall NOES: None ABSENT: None I ATTEST: &R.iTE&T (SEAL) EXHIBIT A 0 CONTRACT e THIS CONTRACT, made and entered into as of the 21st da) , 19 95, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as 'City", and SOUTHCOAST HEATING 8 CONDITIONING, hereinafter referred to as "Contractor." JUNE RECITALS The City requires maintenance and preventative maintenance for mechar systems and equipment services and the Contractor possesses the necessary skills qualifications to provide the services required by the City; NOW, THEREFOREJ in consideration of these recitals and the mutual coven, contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS The Contractor's obligations shall be as described in the document ent "Specifications for Preventative for Maintenance Mechanical Systems and Equipmei the City of Carlsbad", and in the Contractor's bid proposal, both in their entirety which attachments to and part of this contract. Changes to the contract documents and Contractor's obligations will be processed as described in paragraph 4 of this contn 2. FEES TO BE PAID TO CONTRACTOR The total fees payable shall not exceed $44,286.00. This fee will cover v completed by the Contractor as described in the contract documents. No o compensation for services will be allowed except those items covered by cont supplements per Paragraph 4, "Changes in Work." 3. DURATION OF CONTRACT This contract shall extend for a period of three years from the date of execut The contract may be extended by the City Manager for two additional one (1 ) year peri or parts thereof, based upon a review of satisfactory performance and the City's ne€ The parties shall prepare extensions in writing indicating effective date and length of extended contract. 4. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the C and informal consultations with the other party indicate that a change in the condition the contract is warranted, the Contractor or the City may request a change in contr Such changes shall be processed by the City in the following manner: A letter outlir the required changes shall be forwarded to the City by the Contractor to inform them of proposed changes along with a statement of estimated changes in charges. supplemental contract shall be prepared by the City and approved by the City accorc to the procedures described in Carlsbad Municipal Code Section 3.28.172. Si 0 0 supplemental contract shall not render ineffective or invalidate unaffected portions of t contract. 5. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not.employed or retained any compa or person, other than a bona fide employee working for the Contractor, to solicit or seci this contract, and that Contractor has not paid or agreed to pay any company or persc other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, .any other consideration contingent upon, or resu!ting from, the award or making of tl contract. For breach or violation of this warranty, the City shall have the right to annul tl contract without liability, or, in its discretion, to deduct from the contract price consideration, or otherwise recover, the full amount of such fee, commission, percenta! brokerage fees, gift, or contingent fee. 6. regarding nondiscrimination. 7. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the work provided for in this contract, the City may terminate this contract for nonperformance notifying the Contractor by certified mail of the termination of the contractor. 8. DISPUTES If a dispute should arise regarding the performance of work under this contract, following procedure shall be used to resolve any question of fact or interpretation otherwise settled by contract between parties. Such questions, if they become identif as a part of a dispute among persons operating under the provisions of this contract, st be reduced to writing by the principal of the Contractor or the City . A copy of SI documented dispute shall be forwarded to both parties involved along with recommenc methods of resolution which would be of benefit to both parties. The City or princi receiving the letter shall reply to the letter along with a recommended method of resolut within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggriei party, a letter outlining the dispute shall be forwarded to the Office of the City Manager resolution. The City Manager may then opt to consider the directed solution to problem. In such cases, the action of the City Manager shall be binding upon the par4 involved, although nothing in this procedure shall prohibit the parties seeking remec available to them at law. This contract shall be governed by the laws of the Stat€ California. 9. SUSPENSION OR TERMINATION OF SERVICES This contract may be terminated by either party upon tendering thirty (30) d written notice to the other party. In the event of termination, the Contractor shall be F for work properly performed to the ternination date; however, the total shall not exceed fee payable for that quarter. The City shall make the final determination as to the porti of tasks completed and the compensation to be made. N 0 N Dl SC RI M I N AT10 N CLAUSE The Contractor shall comply with California State law and United States I 2 0 10. STATUS OF TH d CONTRACTOR The Contractor shall perform the services provided for herein as an independ contractor and not as an employee of the City. Contractor shall be under control of City only as to the result to be accomplished, but shall consult with the City as provic for in this contract. The persons used by the Contractor to provide services under contract shall not be considered employees of the City for any purposes whatsoever The Contractor is an independent contractor of the City. The payment made to Contractor pursuant to the contract shall be the full and complete compensation to wt the Contractor is entitled. The City shall not make any federal or state tax withholding: behalf of the Contractor or hidher employees or subcontractors. The City shall no required to pay any workers' compensation insurance or unemployment contribution! behalf of the Contractor or hidher employees or subcontractors. The Contractor agr to indemnify the City for any tax, retirement contribution, social security, overtime paym unemployment payment or workers' compensation payment which the City may be requ to make on behalf of the Contractor or any employee or subcontractor of the Contra for work done under this contract. The Contractor shall be aware of the requirements of the Immigration Reform Control Act of 1986 and shall comply with those requirements, including, but not lirr to, verifying the eligibility for employment of all agents, employees, subcontractors Consultants that are included in this contract. 11. HOLD HARMLESS CONTRACT The City, its officers, and employees shall not be liable for any claims, liabili penalties, fines, or any damage to goods, properties, or effects of any person whate nor for personal injuries or death caused by, or resulting from, any intentional or negli! acts, errors or omissions of Contractor or Contractor's agents, employees, representatives. Contractor agrees to defend, indemnify, and save free and harmless City and its officers and employees against any of the foregoing claims, liabili penalties or fines, including liabilities or claims by reason of alleged defects in any p and specifications, and any cost, expense or attorney's fees which are incurred by the on account of any of the foregoing. 12. ASSIGNMENT OF CONTRACT thereunder without the prior written consent of the City. 13. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under contract by the Contractor, Contractor shall be fully responsible to the City for the acts omissions of Contractor's subcontractor and of the persons either directly or indirc employed by the subcontractor, as Contractor is for the acts and omissions of per: directly employed by Contractor. Nothing contained in this contract shall create contractual relationship between any subcontractor of Contractor and the City. Contractor shall bind every subcontractor and every subcontractor of a subcontractc the terms of this contract applicable to Contractor's work unless specifically noted tc contrary in the subcontract in question approved in writing by the City. The Contractor shall not assign this contract or any part thereof or any monies 3 * 0 14. PROHIBITED I !P EREST No official of the City who is authorized in such capacity on behalf of the City t negotiate, make, accept, or approve, or take part in negotiating, making, accepting, c approving of this contract, shall become directly or indirectly interested personally in th contract or in any part thereof. No officer or employee of the City who is authorized i such apacjty and on behalf of the City to exercise any executive, supervisory, or simil: functions in connection with the performance of this contract shall become directly 1 indirectly interested personally in this contract or any part thereof. 15. VERBAL CONTRACT OR CONVERSATION No verbal contract or conversation with any officer, agent, or employee of the Ci either before, during or after the execution of this contract, shall affect or modify any of tl terms or obligations herein contained nor entitle the Contractor to any additional payme whatsoever under the terms of this contract. 16. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph I1 , "Hold Harmless Contract," all terr conditions, and provisions hereof shall inure to and shall bind each of the parties here and each of their respective heirs, executors, administrators, successors, and assign 17. EFFECTIVE DATE This contract shall be effective on and from the day and year first written abov ... ... ... ... ... ... ... ... ... ... ... 4 e 0 18. RESPONSIBLE PARTIES The name of the persons who are authorized to give writfen notices or to reci written notice on behalf of the City and on behalf of the Contractor in connection witt- foregoing are as follows: For City: Purchasing Officer or Building Maintenance Superintendent City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 For Contractor: President Southcoast Heating & Air Conditioning 4055 Oceanside Blvd Oceanside CA 92056 19. INSURANCE The Contractor shall obtain and maintain policies of general liability insura automobile liability insurance, and a combined policy of worker's compensation employers liability insurance from an insurance company authorized to do business ir State of California which meets the requirements of City Council Resolution No. 91 in an insurable amount of not less than one million dollars ($1,000,000) each, unle lower amount is approved by the City Attorney or the City Manager. This insurance : be in force during the life of this contract and shall not be canceled without thirty (30) ( prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Contr: shall furnish certificates of insurance to the City before commencement of work. ... ... ... ... ... ... 0.. 5 0 0 20. BUSINESS LICENSE duration of the contract. Contractor shall obtain and maintain a City of Carlsbad Business License for C Executed by Contractor this 5j-+- day of x+r% ,191 CONTRACTOR: (name of Contractor) L> /-+-J$> a -- / - ATTEST: '21% - < \ t& /..LC! n 13 &*&A9' 7 I - \? EL I=.@ - , STM,.?P/ IJ 2 (print name here) 'J A%.i!hT-, (title and organization of'4ignatory) C?, ,\, SG Jih:tJ M.;Jy3 0 L A ,- LLjL,,--, , 1 f1C- , City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign corporations. If only one officer signs, the corporation must attach a resolution certr by the secretary or assistant secretary under corporate seal empowering that office bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY d 6-L/*9~ -City Attorney 6 - ----...- ml I czl iforills Couniy of ZZ..:I 21 e FO pc r sonzlly e ppe a r ed :o be the per.son(s) whose narne(s: subscribed to the wiihin instrument i knowledged io me tkt hMdihey e: the sane in -I+i&aiiheir aut), captcity(ies), 2nd ihzt by -&si& signziure(s) on ihe ir&runent ihe pc or ihe entity upon behalf of whi FErSOll(S) acled, ex?c~t€d ihe insir \YITNESS my hzhd 2nd official sed. .. CAPAClM CLAlIr'lEII BY SIGNER DESCRIPTIOH OF ATTACHED DOCU 2. CC?.?O.",.tTE GFFICE3 \_h)/sc IC c/6*% TITLE C? TYPE Gf DOCU:.'aExT 78-2 51 XL'.'.SEZ CF F.4EES .. --- SICI+E.?\S) CTIE.? T+.A:< :<AIs'ED ASC - .. Iy _- 'r -----_ .h -.--- . --.. .- - - .._ .-.'L'.AL'.C'~=T :ss;C A-8C.i'. f;:f =$--e: 2.5 3 3 z:, 7.::. - c ;- 7;' - i'