HomeMy WebLinkAbout06-18-2019 Item 07 - HVAC Donation for Senior Center
Department Name: Public Works
Cost Center: 5005
For Agenda of: June 18, 2019
Placement: Consent
Estimated Time: N/A
FROM: Daryl Grigsby, Public Works Director
Prepared By: Greg Cruce, Facilities Maintenance Supervisor
SUBJECT: HEATING, VENTILATION AND AIR CONDITIONING (HVAC) DONATION
FOR THE SENIOR CENTER
RECOMMENDATION
1. Accept a donation of an upgraded HVAC system for the Senior Center; and
2. Authorize the Mayor to sign the donation agreement (Attachment A).
DISCUSSION
Established as a Historic Building in 1978, the San Luis Obispo Senior Center is located on the
corner of Santa Rosa and Buchon Streets within the boundaries of Mitchell Park. The Senior
Center is a shared facility managed under an Agreement between the City and the Senior Center
Executive Board. The seniors use the facility on weekdays between 9:00 am and 4:00 pm, and
the facility is available for community and public uses the remainder of the time.
Over the years, the facility has undergone multiple renovations. In particular, a 1989 remodel
reworked the interior circulation and updated the restrooms, storage areas, and main kitchen. In
2008 a new parking lot dedicated to Senior Center use was added. At the same time the kitchen
was upgraded to a commercial grade kitchen. In the past ten years the facility has had different
items upgraded such as the installation of interior LED lighting, new plumbing fixtures, and the
replacement of the heating system.
Due to the age of the facility, the HVAC system provides heating only, with no cooling or what
is commonly referred to as “air conditioning”. The 2018 Facilities Master Plan identified a high
need for cooling at the facility. At times there can be more than 50 people attending a luncheon
or weekly card game. During the summer months, the large number of occupants and the high
exterior ambient temperatures can create unpleasant or even intolerable conditions.
The Tri-Counties Sheet Metal Workers’ approached City Officials about the potential of
donating the equipment and installation of a new HVAC system to the Senior Center
(Attachment B). This project was not included in the CIP and Staff was grateful to facilitate the
joint effort and commit time to see this project move forward given its benefits to our senior
community. Staff has worked with Union representatives to identify project needs and to ensure
the proposed donation was in compliance with the City’s Donation Policy. (Attachment C)
Packet Pg 169
Item 7
The project will consist of a new complete HVAC system, with cooling included for the Game
Room and Office section of the building and the addition of new cooling equipment for the
Assembly Room section. New electrical circuits will also be installed to power the new
condensing units. The diagram below shows the areas served by the new cooling system. The
scope of works is included in Attachment D.
Diagram above shows layout of Senior Center and areas planned to be conditioned
Policy Context
The donation is consistent with the Donation Policy and the Union’s selected contractor will
obtain the necessary building permits to complete the project.
Public Engagement
As this is an unsolicited donation there was no formal public engagement. Staff has met with the
Senior Center Executive Board to review this planned installation. The Senior Center Executive
Board is appreciative of the Tri-Counties Sheet Metal Workers’ donation and concurs with the
installation.
CONCURRENCE
The City Attorney’s Office, Parks and Recreation Department, and Senior Center Executive
Board have been involved in the process and agree with the recommendation to accept the
donation.
ENVIRONMENTAL REVIEW
This project is categorically exempt from environmental review pursuant to section 15301 of the
CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A
Notice of Exemption will be filed through the Community Development Department.
Packet Pg 170
Item 7
FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $2,000
State
Federal
Fees
Other:
Total $2,000
The Senior Center electric utility cost will increase approximately by $2,000 a year. Maintenance
of the new HVAC system will be completed by staff within the Facilities Maintenance division.
The anticipated lifespan on the new HVAC system is estimated at 20 years.
ALTERNATIVES
Deny the donation and continue programming the Senior Center without cooling. The City
Council could choose to deny the donation and direct staff to appropriate funds during the 2021-
23 Financial Plan to address the need for Senior Center cooling through the budget process.
Attachments:
a - Agreement
b - Donation Letter
c - Donation Policy
d - Scope of Work
Packet Pg 171
Item 7
1
DONATION AGREEMENT
THIS AGREEMENT is made this _______day of ____________, 2019, between the
CITY OF SAN LUIS OBISPO, a California charter city and municipal corporation (“City”), and
J.R. BARTO HEATING/AIR-CONDITIONING/SHEET METAL, INC., a California
corporation (“Donor”).
RECITALS:
WHEREAS, City is the owner and operator of the City of San Luis Obispo Senior Center
located at 1445 Santa Rosa St., in the City of San Luis Obispo, California, (“Senior Center”); and
WHEREAS, Donor has offered to donate labor and equipment to the City in order to
upgrade the existing heating, ventilation, and air conditioning system at the Senior Center, as
further described in Scope of Work attached hereto and incorporated herein by reference as Exhibit
A (“Donations”); and
WHEREAS, on September 7, 1999, the City Council of the City adopted Resolution 8965
(1999 Series) adopting a City Donation Acceptance Policy, which is attached hereto and
incorporated herein as Exhibit B (“Policy”); and
WHEREAS, City and Donor desire to enter into this Agreement to govern the Donations,
in accordance with the Policy and applicable laws.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms and covenants
hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged,
City and Donor hereby agree as follows:
I. Donor’s Responsibilities
A. Donor shall provide the Donations in accordance with the Scope of Work attached
hereto as Exhibit A and with all applicable laws, regulations, and ordinances. The
Donations shall be completed in a good and workmanlike manner and shall be
subject to all warranties identified in the Scope of Work or other applicable laws.
B. Donor will obtain all permits required by applicable state, federal, or City laws or
ordinances for completion of the Donations.
C. Donor will provide and complete the Donations at no cost to City, except that City
agrees to waive permit processing and inspection fees for any required permits
issued by City.
D. The Donations shall be completed no later than December 31, 2019. Work shall
not start until all equipment has been received by the contractor. Work shall be
completed within 20 working days of commencement and shall be limited to the
hours of 7:00 am – 4:00 pm at the Senior Center.
Packet Pg 172
Item 7
2
E. Donor shall keep itself fully informed of and shall observe and comply with all
applicable state and federal laws and county and City ordinances, regulations and
adopted codes during its performance of the work addressed in this Agreement,
including work performed during the design and preconstruction phases of
construction, including but not limited to, inspection and land surveying work. This
includes compliance with prevailing wage rates and their payment in accordance
with California Labor Code.
F. Donor is responsible to indemnify, hold harmless, and defend City and each of its
councilmembers, officers, employees, agents, and volunteers from any and all
claims, losses, liabilities, damages, fines, penalties, costs, and expenses (whether in
contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage, including damage by fire or other casualty),
including attorney's fees and litigation expenses, incurred by City, Donor, or any
other person, arising or alleged to have arisen directly or indirectly out of: (a) the
Donations; or (b) the breach or performance of this Agreement by Donor. The
obligations of Donor under the preceding sentence shall apply regardless of whether
City or any of its officers, officials, employees, agents, or volunteers are negligent,
but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or
damages caused solely by the gross negligence or willful misconduct of City or any
of its officers, officials, employees, agents, or volunteers.
G. Donor shall obtain and maintain for the duration of the work performed pursuant to
this Agreement the following insurance policies that comply with the following
requirements:
1. Insurance Services Office Commercial General Liability insurance
coverage (occurrence form CG 0001) $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Workers’ Compensation insurance as required by the State of California and
Employer's Liability insurance.
3. Donor’s insurance coverage shall be primary insurance as respects City, its
officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by City, its officers, officials, employees, or
volunteers shall be excess of the Donor's insurance and shall not contribute
with it.
4. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VI. Exception may be made
for the State Compensation Insurance Fund when not specifically rated.
Packet Pg 173
Item 7
3
II. City’s Responsibilities
A. City acknowledges and agrees that the Donations are consistent with the Policy,
subject to the provisions of this Agreement.
B. City agrees to waive permit processing and inspection fees for all permits issued by
City for the Donations.
C. City will own, operate, and maintain the Donations once installed at the Senior
Center.
D. Once the system is installed and operational, the City will hold a ribbon cutting
event which will be advertised by a press release.
IV. Termination of Agreement
A. In the event of a substantial failure of performance by one party, this Agreement
may be terminated by the other party upon written notice to the non-performing
party.
B. In the event that this Agreement is terminated following commencement of work
by Donor but prior to final inspection and approval of the Donations by City, City
shall retain ownership of any work completed by Donor as of the date of
termination.
C. In no event shall CITY be responsible to Donor for any damages resulting from
termination of this Agreement.
V. General Provisions
A. Attorney Fees. In the event of any action between City and Donor seeking
enforcement of any of the terms and conditions of this Agreement, the prevailing
party in such action shall be awarded, in addition to damages, injunctive or other
relief, reasonable costs and expenses and reasonable attorney’s fees.
B. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of California. In the event that
suit is brought by a party to this Agreement, the parties agree that trial of such
action shall be vested exclusively in the courts of the County of San Luis Obispo,
State of California.
C. Notice. Notices and written communications sent by one party to the other must
be personally delivered or sent by certified or registered U.S. Mail, return receipt
requested, postage prepaid, to the following addresses (or such other addresses as
may be designated by notice given in accordance with this paragraph):
Packet Pg 174
Item 7
4
To City: City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attention: Greg Cruce
To Donor: Tri-Counties Sheet Metal Workers’
2646 Palma Drive
Ventura, CA 93003
D. No Third Party Rights. No third party shall be deemed to have any rights
hereunder against either party as a result of this Agreement.
E. Assignment. Donor may not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
F. Compliance with Laws. Donor shall perform its obligations under this Agreement
in accordance with all state, federal, and City laws, ordinances, rules, and
regulations.
G. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other
provision hereof, and the remainder of the provisions of this Agreement shall
continue in full force without impairment.
H. Entire Agreement. This Agreement constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements or understandings,
oral or written, are hereby merged herein.
I. Modification. This Agreement shall not be amended in any way except by a
writing signed by both parties.
IN WITNESS WHEREOF, City and Donor have executed this Agreement on the day and
year first above written.
CITY
CITY OF SAN LUIS OBISPO
By: ________________________________
Print Name: Heidi Harmon
Title: Mayor
DONOR
Tri-Counties Sheet Metal Workers'
By: _______________________________
Print Name: ________________________
Title: ______________________________
Packet Pg 175
Item 7
5
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
By: _______________________________
Print Name: ________________________
Title: ______________________________
Packet Pg 176
Item 7
6
Exhibit A
Scope of Work
Packet Pg 177
Item 7
7
Exhibit B
City Donation Policy
Packet Pg 178
Item 7
TRI-COUNTIES SHEET METAL WORKERS’
LABOR MANAGEMENT COOPERATIVE COMMITTEE
2646 Palma Drive, Suite #150
Ventura, CA 93003
(805) 642-4796
May 20th, 2019
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
RE: Donation Acceptance Policy – Senior Center
Dear Mayor Harmon and City Council Members
As Trustees of Tri-Counties Sheet Metal Workers’ Labor Management Cooperative Committee
(LMCC), we are sending you this letter on behalf of the other trustees to address the City of
San Luis Obispo’s Donation Acceptance Policy. We represent union signatory contractors and
members within the Ventura, Santa Barbara, and San Luis Obispo counties. Together, we
have created a Trust to assist in our public relation efforts.
The LMCC will be providing all material, equipment, and labor required to install cooling
systems to the Senior Center located at 1445 Santa Rosa Street in San Luis Obispo. The
following is a description of the work to be performed:
Bingo Room:
Two (2) 3-Ton up-flow cooling coils
Two (2) 3-Ton 14 Seer York condensers
Miscellaneous duct fittings
DX piping
Condensate drains and drywells
Thermostat low voltage wiring and controls
Two (2) light-weight concrete pads
Line Voltage electrical for condensers
Start-up
Packet Pg 179
Item 7
Billiards Side:
One (1) 80,000BTU 80% 4-Ton down flow furnace
One (1) 4-Ton cooling coil
One (1) 4-Ton condenser
DX piping
Condensate drains
Thermostat and low-voltage wiring
Light-weight pad
Line voltage electrical for new condensers
Start-up
The estimated value of the aforementioned project provided by the LMCC is approximately
$26,000.00. The job will be completed by one of our contractors, J.R. Barto Heating, Air
Conditioning, Sheet Metal, Inc.
We believe you’ll find this donation consistent with your guidelines and look forward to your
approval. If you have any questions, please feel free to contact us by phone or email.
Most sincerely,
Stanley Capelli Richard Niday
Co-Chairman - Management Trustee Co-Chairman - Labor Trustee
scapelli@tcsmacna.org richn@smw104.org
Packet Pg 180
Item 7
Section 760
DONATION POLICY
760-1 Packet Pg 181
Item 7
Donation Policy
760-2 Packet Pg 182
Item 7
CA DIR #1000001901
CA SB #59373
[Continued]
SCOPE OF WORK
JOB 18-7485P
TO:
Tri-Counties SMACNA FROM: Ross Lorencz/jy
ATTN:
Stan Capelli DATE: 6/7/2018
FAX:
642-7832 PAGES: Two
PHONE:
642-4795 E-MAIL: scapelli@tcsmacna.org
COMMENTS: Please call our office @ (805) 928-5486 if you have any questions.
JOB:
City of San Luis Obispo Senior Center
1445 Santa Rosa St. San Luis Obispo, CA
SCOPE:
Provide all material, equipment and labor required to add A/C to heat only systems. Work Includes:
Bingo Room
· Two (2) 3-Ton Up-Flow Cooling Coils
· Two (2) 3-Ton 14 Seer York Condensers
· Miscellaneous Duct Fittings
· DX Piping
· Condensate Drains and Drywells
· Two (2) Light Weight Concrete Pads
· Thermostat, Low Voltage Wiring, and
Controls
·
· Breakers
· Conduit & Wire
· Disconnects
· Miscellaneous Wall Patch if Necessary
· Testing
· Start-up
Billiards Side
· One (1) 80,000 BTU 80% 4-Ton Down-
Flow Furnace
· One (1) 4-Ton Cooling Coil
· One (1) 4-Ton Condenser
· DX Piping
· Condensate Drains
· Thermostat and Low Voltage Wiring
· Light Weight Pad
· Breakers
· Conduit & Wire
· Disconnects
· Miscellaneous Wall Patch if Necessary
· Testing
· Start-up
Permit, Permit Fees, HERS Certs & 3rd Party Testing.
ADDITIONAL TERMS/CONDITIONS:
1. All tax, material, and labor included in quote.
2. All warranty periods, minimum one (1) year, begins on date of start-up.
Note: There will be no warranties on any equipment/materials not supplied and installed by J.R. Barto.
3. Payment terms are Net 30 days from date of invoice. Past due accounts will be charged 1.5% interest per month or
maximum allowed by California State Law plus costs of collection, including attorney fees if incurred.
4. Bid-Scope may be withdrawn by J.R. Barto Heating, A/C., SM, Inc. if not accepted within 30 days.
5. Reference J.R. Barto, Inc. Standard Provisions; available upon request.
Packet Pg. 183Packet Pg 183
Item 7
Tri-Counites SMACNA
City of San Luis Obispo Senior Center Page 2 of 2
EXCLUSIONS:
● ACCESS DOORS ● ASBESTOS ABATEMENT/REMOVAL ● BACKGROUND CHECKS/MEDICAL TESTING ● BATHROOM ACCESSORIES ● BOILER FLUE ● BOILERS
● BONDS/BOND FEES ● CADFILE FEES ● CARBON MONOXIDE (CO) SENSORS ● CARPENTRY/CUTTING ● CATHODIC PROTECTION ● COMMISIONING ●
COMPACTION TESTING ● CONDENSATE DRAINS ● DEMOLITION ● DOOR LOUVERS ● DUMPSTER CHARGES/FEES ● ELEC CONDUIT ● ELEC CONTROLS
CONDUIT ● ELECTRICAL ● ESCORTS ● ENGINEERING ● FINGERPRINTING ● FIRE PROTECTION ● FIRE STOPPING ● FOUNDATION DRAIN ● HOUSEKEEPING
PADS ● HYDRONIC PIPING ● LANDSCAPE OR IRRIGATION ● MONOKOTE PATCHING ● MONOKOTE SCRAPING ● MOTOR STARTERS ● NON METALLIC FLASHING
● PATCHING, OR PAINTING ● PERMITS, METERS, OR FEES ● PLUMBING/PIPING ● POURED/FORMED CONCRETE ● PUMPS ● RIP RAP ● ROOF EDGE/VALLEY
METAL ● ROOF INSULATION/ROOFING ● ROOF UNDERLAYMENT ● SANITARY FACILITIES ● SKYLIGHTS ● SPOILS REMOVAL ● STAKING OR SURVEYING ●
STRUCTURAL FRAMING/ BLOCKING ● TEMPORARY POWER ● TEMPORARY WATER ● TITLE 24 ENERGY DOCUMENTATION ● TRENCHING AND BACKFILLING
● WATER HEATER FLUE ● WELD KITCHEN HOOD TO GREASE DUCT ● 3rd PARTY HERS TESTING/FEES/CERTIFICATIONS
[End]
Packet Pg 184
Item 7