Loading...
HomeMy WebLinkAboutAgenda Report - August 20, 2014 C-15AGENDA ITEM C4015 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with ICR Refrigeration, Inc., of Lodi, for Citywide Heating, Ventilation and Air Conditioning Maintenance Services on City Facilities ($60,000) MEETING DATE: August 20, 2014 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute amendment to Professional Services Agreement with ICR Refrigeration, Inc., of Lodi, for Citywide heating, ventilation and air conditioning maintenance services on City facilities, in the amount of $60,000. BACKGROUND INFORMATION: On June 5, 2013, City Council authorized a Professional Services Agreement with ICR Refrigeration, Inc., to provide heating, ventilation and air conditioning (HVAC) maintenance services on City facilities for an amount not to exceed $75,000 with an optional one-year extension. The City operates 55 HVAC systems on its facilities with a wide range of age and system complexity. Predicting HVAC maintenance and repair needs can be very difficult as the systems are aging, and system maintenance was deferred for some time during the economic downturn. Throughout the initial term of the Agreement, ICR was very responsive and consistently demonstrated the ability to properly repair and maintain the City's HVAC equipment, prompting staff to execute its optional extension through June 30, 2015. During Fiscal Year 2013/14, City HVAC systems experienced an unusually high number of system failures requiring the City to spend $70,111 on HVAC repairs and maintenance activities. The remaining amount left on the contract is under $5,000 and is not sufficient for maintenance and repairs through the remainder of the fiscal year. Staff does not expect expenditures this fiscal year to be as extensive due to the major repairs performed last year. Staff recommends Council adopt a resolution authorizing the City Manager to execute an amendment to the existing Professional Services Agreement with ICR Refrigeration, of Lodi, for Citywide HVAC on-call maintenance and repair services on City facilities for an additional amount not to exceed $60,000. FISCAL IMPACT: Ongoing Citywide HVAC system maintenance and repairs are necessary to maintain a comfortable working environment in City facilities and to avoid more costly system failures. FUNDING AVAILABLE: Funding for this activity is budgeted in the FY 2014/15 Facilities Services Operating Account (103511): $60,000 Jordan Ayers Deputy City Manager/Interna ervices Director F. Wally6$andelin Public Works Director Prepared by Rebecca Areida-Yadav, Management Analyst FWS/RAY/pmf APPROVED: Stephen SchwabauW, City Manager K:\WP\COUNCIL\2014\CitywideHVAC. doc 7/30/2014 AMENDMENT NO. 1 CITYWIDE HVAC MAINTENANCE SERVICES THIS CONTRACT AMENDMENT AGREEMENT NO. 1, made and entered into this day of. , 2014, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and ICR REFRIGERATION, hereinafter called "Contractor." 1. CONTRACT: Contractor and City, entered into a Professional Services Agreement for Citywide HVAC Maintenance Services on June 25, 2013, providing an option to extend the term by one additional year. The Contract Extension Agreement extended the term through July 30, 2015. 2. TERM AND TERMS: All other terms will remain as set forth in the Professional Services Agreement and the Contract Extension Agreement attached as Exhibits 1 and 2, respectively, and made a part hereof as though fully set forth herein. 3. COMPENSATION: Contractor's compensation for this Contract Amendment No. 1 shall not exceed $60,000. IN WITNESS WHEREOF, City and Contractor have executed Contract Amendment Agreement No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation ICR REFRIGERATION, hereinabove called "City" hereinabove called "Contractor" STEPHEN SCHWABAUER, City Manager Attest: JENNIFER M. ROBISON, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney Name: Title: KAWPTROJECTSTSA's\2014\ICR Refrigeration -2014 Amendment.doc CONTRACT EXTENSION AGREEMENT ICR REFRIGERATION CITYWIDE HVAC MAINTENANCE SERVICES THIS CONTRACT EXTENSION AGREEMENT, made and effective this day of May, 2014, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City', and ICR REFRIGERATION, hereinafter called "Contractor.' WITNESSETH: CONTRACT: Contractor and City entered into a Professional Services Agreement for Citywide HVAC Maintenance Services on June 25, 2013. 2. TERM AND TERMS: The term of this Contract Extension Agreement shall commence July 1, 2014 and terminate June 30, 2015. All other terms and conditions will remain as set forth in the Professional Services Agreement for Citywide HVAC Maintenance Services, attached hereto as Exhibit 1 and made a part hereof as though fully set forth herein. IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension Agreement on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called `City' Jill By. F. WALSYIteN Public Woft Director Approved as to Form: t waCg.B- MAGDICH, Interim City Attorney ' ICR REFRIGERATION hereinabove called "Contractor" M N Title: President Exhibit 2 UVTExhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2013, by and between the CITY OF LODI, a municipal 'on (hereinafter 'CITY'), and ICR REFRIGERATION, INC. (hereinafter'CONTRACTOR'). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Citywide HVAC Maintenance Services on City Facilities (hereinafter 'Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR aciviowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence walk pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under U* Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shad not be counted against CONTRACTOR's contract performance period. Also, any delays due to weatther, vandalism, ads of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 23 Meednas CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffina CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR or any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontr]gl Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Tenn The term of this Agreement commences on July 1, 2013 and terminates upon the completion of the Scope of Services or on June 30, 2014, whichever occurs first. Section 27 Ooftn to Extend Tenn of Agreement The Public Works Director may exercise an option to extend this Agreement one (1) additional year, provided, City gives Contractor no less than 30 -days written notice of 2 its intent prior to the expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. ARTICLE 3 COMPENSATION Section 3.7 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method -of Payment CONTRACTOR shall submit invoices; for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Audidna CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to famish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and Inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with 3 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4r5 Resnonsibifiity of CITY CITY shall not be held responsible for the cane or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Reauirernents for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this AgreemeK insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assi ns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Stmt P.O. Box 3006 Lodi, CA 95241-1910 Attn: Charlie Swimley, City Engineer/Deputy PW Director To CONTRACTOR: ICR Refrigeration, Inc. 1021 Black Diamond Way Lodi, CA 95240 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that In undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 411 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and dearly marked by CONTRACTOR as 'Confidenbar or 'Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law. Jurisdiction, Severability. and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court_ 6 Section 4.14 City Business License Reauiremeni CONTRACTOR admowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 416 Cautions The captions of the sections and subsections of this Agit are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Intearation and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any fore or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Termw Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affectthe validity of any other provision of this Agreement Section 4.19 Ownershio of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and wortdng papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Autitorift The undersigned hereby represent and warrent that they are authorized by the parties to execute this Agreement Section 4.21 Federal Transit Funding Conditions ❑ If the box at lett is checked, the Federal Transit Funding Conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTE . (:7 "61 JUNE City Clerk APPROVED AS TO FORM: D. STEPHEN SCHWABAUER, City Attorney JANICE D, MAGDICH, Deputy City Attorney Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Funding Source•103511 (Business Un5 i Account No.) CITY OF LODI, a municipal corporation ICR REFRIGERATION Doc ID:WP1ProJecWUISMUCR CilywideWACMahbum roe CAWW 0L20I2 a _ r•i+ Exhibit A SCOPE OF SERVICE Provide on-call maintenance and repair services for one year (with optional one-year wdension) for the 55 City -operated HVAC systems at various locations. - 05/14/2013 11:37 2993336719 CITY OE LODI PW PAGE 02/03 @ID FORM MEMORANDUM, City of Lodi, Pub5c VYvirlos Dqm tsttt To: ProsPGC&40 Bidder From! Cay of Lodi DOW May 14, 2013 Hcy a 14VAC Maintenarim Services on city Fs Please fay camplfs tips infomWon below. compan) -Address: Contrec Wt License NO:-, Labor Fasts: � Overtime Rate' Part ow materials Ply Tnjck dwrgg;, $� Call out minimum• i 'j Items required upon award of oontraot �. 1- kw"nce mqukenunts per the g. 2. Wark", oompensadon kuux nce cavertlye, 3. City Of Lodi bWnerss irroense. 4. W-0 form per cmg"t IFAS ruMn mems. r Cmftrwes Sigr T1me: a e o s r�'Wan= RESOLUTION NO. 2014-154 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ICR REFRIGERATION, INC., OF LODI, FOR CITYWIDE HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE SERVICES ON CITY FACILITIES WHEREAS, on June 5, 2013, City Council approved a Professional Services Agreement with ICR Refrigeration, Inc., to provide heating, ventilation, and air conditioning (HVAC) maintenance services on City facilities for an amount not to exceed $75,000 with an optional one-year extension; and WHEREAS, the City operates 55 HVAC systems on its facilities with a wide range of age and system complexity. Throughout the initial term of the Agreement, ICR was very responsive and consistently demonstrated the ability to properly repair and maintain the City's HVAC equipment, prompting staff to execute its optional extension through June 30, 2015; and WHEREAS, during Fiscal Year 2013/14, City HVAC systems experienced an unusually high number of system failures requiring the City to spend $70,111 on HVAC repairs and maintenance activities. The remaining amount left on the contract is under $5,000 and is not sufficient for maintenance and repairs through the remainder of the fiscal year; and WHEREAS, staff recommends authorizing the City Manager to execute an amendment to the existing Professional Services Agreement with ICR Refrigeration, of Lodi, for Citywide HVAC on-call maintenance and repair services on City facilities for an additional amount not to exceed $60,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with ICR Refrigeration, of Lodi, for Citywide HVAC on-call maintenance and repair services on City facilities, for an additional amount not to exceed $60,000. Dated: August 20, 2014 I hereby certify that Resolution No. 2014-154 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 20, 2014, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None J NIFER ROBISON City Clerk 2014-154