HomeMy WebLinkAbout01/21/1992, C-7 - DESIGN CONTRACT FOR HVAC (HEATING, VENTILATING, AIR-CONDITIONING) SYSTEM AT POLICE STATION.III�I�111111�11 I, „II � f MEETING DATE:
I��ui� U� C� o san �u�s oBispo
COUNCIL AGENDA REPORT ITEM NUMBER: - N
FROM: ' David F. Romero, Public Works Director
PREPARED BY: Lane Wilson, Parks and Buildings Manag¢r
Tom Harrington, Energy Coordinators
SUBJECT: Design contract for HVAC (Heating, ventilating, air -
conditioning) system at Police Station.
CAORECOMMENDATION
(1) By motion, approve, and authorize the Mayor to sign, a contract
with Brummel /Myrick Associates to design, provide plans and
specifications, verify construction compliance with plans, and verify
start -up proceedures for the new HVAC system at the Police Station.
DISCUSSION
The Newcomb /Anderson report recommended that a new HVAC system be
installed in the Police Station. After further review by the City
Energy Coordinator, the project was budgeted in the 91 -93 budget. In
response to a Request for Proposals, three firms submitted proposals:
Newcomb /Anderson (San Francisco), Brummel Myrick (San Luis Obispo), and
Al Nibecker Associates (Paso Robles.). Proposals were reviewed by an
evaluation panel consisting of Wayne Peterson, Tom Harrington and Dave
Pierce. Based on scope of work details, references, understanding of
Utility rebate programs, construction and start -up supervision
capabilities, facilities operations and local proximity, the firm of
Brummel /Myrick was given first priority. The system type recommended
in the Newcomb /Anderson report will be the type installed.
CONCURRENCES
The Police Department concurs.
FISCAL IMPACTS
$20,000 was budgeted for the design portion of this project.(page E6 of
the 91 -93 Financial Plan). Avoided monthly energy costs will be $1251
with the new system. Monthly maintenance will be reduced by $250.
Total annual savings in the first year after completion are expected to
be $18,012. Cost for the design portion is $17,500. $150,000 has been
budgeted in the Capital.Improvement Program to support the total project cost.
ATTACHMENTS:
1) Consultant service agreement
2) Proposal (Al) (in Council reading file)
CONSULTANT SERVICE AGREEMENT
This agreement, made this day of
, 19_1 by and
between the City of San Luis Obispo, California (hereinafter
referred to as "City "), and BRUMMELfMYRICK & ASSOCIATES of SAN
LUIS OBISPO (hereinafter referred to as "Consultant ").
WITNESSETH
WHEREAS, City desires to retain certain services to perform
professional work as generally described in R.F.P. dated SEPTEMBER
25. 1991 and hereto attached (Exhibit B).
WHEREAS, City desires to engage Consultant to provide these
services by reason of its qualifications and experience for
performing such services; -
WHEREAS, Consultant has offered to provide the required
services on the terms and in the manner set forth herein;
NOW, THEREFORE in consideration of their mutual covenants, the
parties hereto agree as.follows:
1. PROJECT COORDINATION
a. City. The Public Works Director shall be the
representative of the City for all purposes under this
agreement. He is the Project Manager and shall supervise
the progress
b. Consultant.
of this agreement.
Consultant shall assign a single Project
Manager to have overall responsibility for the progress and
execution of this agreement for Consultant. KEITH
BRUMMEL, hereby is designated' as the Project Manager for
Consultant. Should circumstances or conditions subsequent
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to the execution of this agreement require a substitute
Project Manager for any reason, the Project Manager
designee shall be subject to the prior written acceptance
and approval of the director. Consultant's Project Team is
further described in Exhibit "A" attached hereto and
incorporated herein by this reference. The individuals
identified and the positions held as described in Exhibit
"A" shall not be changed except by prior written approval
of City.
2. DUTIES OF CONSULTANT
a. Services to be Furnished. Consultant shall provide all
specified services as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
b. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charges and
fees, and give all notices which may be necessary and
incidental to the due and lawful prosecution of the
- services to be performed by Consultant under this
agreement.
(2) Keep itself fully informed of all existing and proposed
federal, state and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or
employed under this agreement, any materials used in
Consultant's performance under this agreement, or the
conduct of the services under this agreement.
(3) At all times observe and comply with, and cause all of
its employees to observe and comply with all of said
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laws, ordinances, regulations, orders, and decrees
mentioned above;
(4) Immediately report to the City's Project Manager in
writing any discrepancy or inconsistency it discovers
in said laws, ordinances, regulations, orders, and
decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this
agreement.
c. Release of Reports and Information. Any reports,
information, data, or other material given to, or prepared
by, or assembled by, Consultant under this agreement shall
be the property of City and shall not be made available to
any individual or organization by Consultant without the
prior written approval of the City's Project Manager.
d. Copies of Reports and Information. If City requests
additional copies of reports, drawings, specifications, or
any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the
services under this agreement, Consultant shall provide
such additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such
copies at Consultant's direct expense.
e. Oualifications of consultant. Consultant represents that
it is qualified to furnish the services described under
this agreement..
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3. DUTIES OF CITY
City agrees to cooperate with Consultant and to perform that work
described as a City responsibility in Exhibit "A" attached hereto
and incorporated by this reference.
4. COMPENSATION
Consultant will invoice City on a time and material basis upon
completion of each phase of the project as described in Exhibit
"A ". Upon authorization of the City's Project Manager, City will
pay each invoice within 30 days of receipt. The Consultant may not
charge more than the amount shown in Exhibit "A" without prior
written approval of the City's Project Manager.
5. TIME FOR COMPLETION OF THE WORK
Program scheduling shall follow the attached chart (Exhibit "A")
unless revisions to the chart are approved by the City's Project
Manager and project's Management Consultant. -
Time extensions may be allowed for delays caused by City, other
governmental agencies, or factors not directly brought about by the
negligence or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION
The Public Works Director shall have the authority to suspend this
agreement wholly or in part, for such period as he deems necessary
due to unfavorable conditions or to the failure on the part of
Consultant to perform any provision.of this agreement. Consultant
will be paid the compensation due and payable to the date of
temporary suspension, as determined by the Public Works Director.
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7. SUSPENSIONMERMINATION
a. Right to Terminate. The City retains the right to
terminate this agreement for any reason by notifying
Consultant in writing seven days prior to termination and
by paying the compensation due and payable to the date of
termination as determined by the Public Works Director;
provided, however, if this agreement is terminated for
fault of Consultant, City shall be obligated to compensate
Consultant only for that portion of Consultant services
which are of benefit to City. Said compensation is to be
arrived at by mutual agreement of the City and Consultant
and should they fail to agree,.then an independent
arbitrator is to be appointed and his decision shall be
binding upon the parties.
b. Return of Materials. Upon such termination, Consultant
shall turn over to the City immediately any and all copies
of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by Consultant, and
for which Consultant has received reasonable compensation,
or given to Consultant in connection with this agreement.
Such materials shall become the permanent property of City.
Consultant, however, shall not be liable for City's use of
incomplete materials or for City's use of complete
documents if used for other than the project contemplated
by this agreement.
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S. INSPECTION
Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being
performed in accordance with the requirements and intentions of
this agreement. All work done and all materials furnished, if any,
shall be subject to the Public Works Director's inspection and
approval. The inspection of such work shall not relieve Consultant
of any of its obligations to fulfill its agreement as prescribed.
9.. OWNERSHIP -OF MATERIALS
All original drawings, plan, documents and other materials prepared
by or in possession of Consultant pursuant to this agreement shall
become the permanent property of the City, and shall be delivered
to the City upon demand.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under
this agreement, on the basis of differences in matters of judgment
shall not be construed as a failure on the part of Consultant to
meet the requirements of this agreement.
11.- ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional consulting
services of the Consultant and is not assignable by the Consultant
without prior consent of the City in writing. The Consultant may
employ other specialists to perform special services as required
with prior written approval by the City.
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12. NOTICES
All notices hereunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: City Clerk
City of San Luis Obisv_o
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Consultant: Brummel, Myrick & Associates
3562 Empleo Street, Suite A
San Luis Obispo, CA 93401
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. Consultant further
covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed
by Consultant. Consultant certifies that no one who has or will
have any financial interest under this agreement is an officer or
employee of City. It is expressly agreed that, in the performance
of the services hereunder, Consultant shall at all times be deemed
an independent contractor and not an agent or employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its
officers, agents and'employees, from:
a. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
injury to or death of any person or corporation caused by
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any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of
City, its officers, agents, or employees, or of any other
person or corporation, occupied or used by or in the care,
custody, or control of Consultant, or in proximity to the
site of Consultant's work, caused by any negligent act or
omission of Consultant under this agreement or of
Consultant's employees or agents;
C . Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
injury to or death of or damage suffered or sustained by
any employee or agent of Consultant under this agreement,
however caused, excepting, however, any such claims and
demands which are the result of the negligence or willful
misconduct of City, its officers, agents, or employees;
d. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights
or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; and
e. Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition or any permit is due
to negligence on the part of the Consultant.
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Consultant, at its own costs, expense, and risk, shall defend any
and all suits, actions or other legal proceedings that may be
brought against the City or its employees on any such claim or
demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against
City, its officers, agents, or employees in any such suit, action,
or other legal proceeding, when same were due to negligence of the
Consultant.
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every employer
to be insured against liability for workers compensation or to
undertake self- insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions
before commencing the performance of the work of this agreement.
16. INSURANCE
The Consultant shall provide insurance as required in Exhibit C.
17. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
18. WAIVERS
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision,
ordinance, or law shall not be deemed to be a waiver of any
subsequent breach of violation of the same or of any other term,
covenant, condition, ordinance, or law. The subsequent acceptance
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by either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or
condition of this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to.enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and
attorney's fees expended in connection with such an action from the
other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin,
ancestry, religion or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act
or similar provisions of federal law or executive order in the
performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or
to de&ict from the amount payable to Consultant the sum of Twenty -
five Dollars ($25.00) for each person for each calendar day during
which such person was discriminated against, as damages for said
breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation
of contract under this paragraph.
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21. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by both
City and Consultant. All provisions of this agreement are
expressly made conditions. This agreement shall be governed by the
laws of the State of California.
i:. iSiiN-ESS A—ZHEREO , City and Consuitant have executed this
agreement the day and year first above written.
By:
PRINCIPAL, BRUMMEL, MYRICK MAYOR, CITY OF SAN LUIS OBISPO
& ASSOCIATES
APPROVED AS TO FORM:
%C' y Attorney
forms /cons -agr
by
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SPECIFIED DESIGN SERVICES
for
SAN LUIS OBISPO POLICE DEPARTMENT HVAC SYSTEM
The following are specific elements to be completed by the
engineering design firm for the HVAC (Heating, Ventilating and
Air Conditioning System) at the San Luis Obispo Police Station.
PHASE ONE
January 20, 1992 (Completion)
■ Structural analysis of the building with regard to its
ability to safely support the additional load of the package
system or other equipment directly related to the system as
designed by the design engineers.
■ Meetings with Police Department staff to assure that the
system is compatible with current and projected use of the
facility, giving particular attention to various user zones.
Specific design decisions other-than the general system design
selected will based upon your meetings with staff at the Police
station and not necessarily limited to prior calculations.
■ A construction timetable, estimated construction costs
detailed by labor and material, and life cycle cost comparisons
for the old and new system. Cost comparisons should include
energy use, maintenance and any other relevant aspects.
■ A thorough investigation of Utility rebate potentials and
necessary documentation to assist City staff in procurring
rebates. Work cooperatively with the City Energy Coordinator and
appropriate Utility representatives.
■ The design firm will be prepared to assist City staff with
building permit processing, and final plan check with the City
building department, including any potential review by the ARC
(Architectural Review Commission)
■ Present to the City: Energy cost calculations, brief
review of proposed system based upon meetings with Police staff
and other design considerations, have prepared building
elevations for ARC review at January 20, or February 3 meeting.
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S.L.O. Police Station HVAC system design, cont'd.
PHASE 2
February 7, 1992 (completion)
■ The design proposal shall include specifications for the
balancing and final startup of the system.
■ The design firm should be prepared to assist City staff
with any necessary information, relative to design and energy use
or cost calculations that may be necesary to comply with
application proceedures for funding grants or low interest loans
from the California Energy Commission or other sources.
■ Present to City staff set of plan mylars plus 3 complete
sets of bidable drawings for our internal review.
PHASE 3•
March '20,1992 (completion)
■ Design firm services shall include pre -bid meetings with
contractor(s), and technical review assistance with bids as
requested by City.
PHASE 4
April 30 1992 (completion)
■ Design Engineers shall be prepared to provide on -site
visits to assure contractor compliance with design and equipment
specifications to overall construction supervision.
■ Design engineers shall offer on site visits to verify
proper start -up and balancing of the system as required in the
design specifications.
Nothing listed here excludes anything covered in the original
Request for proposals.
er 1h°
PAYMENT SCHEDULE
for
POLICE STATION HVAC SYSTEM DESIGN ENGINEER CONTRACT
PHASE 1 .............30% OF CONTRACT AMOUNT ($5,250)
JANUARY 20, 1992, COMPLETION
PHASE 2 .............30% OF CONTRACT AMOUNT ($5,2.50)
FEBRUARY 7. 1992, COMPLETION
PHASE 3 ............ 109s OF CONTRACT AMOUNT ($1,750)
MARCH 20, 1992, COMPLETION
PHASE 4 ............ 2096 OF CONTRACT AMOUNT ($3,500)
APRIL 30, 1991, COMPLETION
TOTAL $17,500
A3
CITY OF SAN LUIS OBISPO
REQUEST FOR PROPOSALS
ENGINEERING AND CONSTRUCTION PLANS
POLICE STATION HEATING- VENTILATING -AIR-
CONDITIONING (HVAC) SYSTEM
The City of San Luis Obispo intends to hire a qualified
engineering firm to design and prepare construction plans for the
replacement of the existing HVAC system at the Police station in
San Luis Obispo. Your firm is invited to submit a proposal to
the City Clerk's office, 990 Palm Street, San Luis Obispo,
California 93401, no later than November 15, 1991, in a form and
containing the information as specified below.
Submittal information:
■ Three copies of each proposal shall be submitted.
■ Proposals received by FAX machine will not be considered.
■ Each proposal shall be iri a sealed envelope marked:
" Police Station Design Proposal"
Expression of Intent: Please contact the project Manager, Tom
Harrington, ( 805 781 7220) immediately by phone to inform us of
your intent to submit a proposal. Upon confirmation of your
intent we will send you a package of information, including:
■ Copy of the engineering report from which the HVAC system
replacement recommendation was drawn.
■ Brief description of the preferred system
■ One set of building plans
■ Histo ical energy usage data
Pre - Proposal Contacts: Firms intending to submit a proposal are
invited to call, or visit the project Manager by November 24,
1991 Please call to schedule an appointment if you will be
making personal contact.
Tom Harrington
Public Works Department
City of San Luis Obispo
25 Prado Road
San Luis Obispo, California
California 93401
(805) 781 7220
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REQUEST FOR PROPOSALS, cont'd.
Proposal content:
Review the proposed work scope and provide any changes or
revisions you think beneficial for the job.
■ Stiffing information for the project including project
manager and all production team members,, with brief
resumes and desription of work on similar projects, with
references and phone numbers of contact persons.
■ Brief description of projects completed by your firm that
are similar to the one being designed for the Police
Station.
Scope of work: Provide complete engineering design and analysis
for construction of the preferred system, or, demonstrably more
efficient packaged rooftop system, including:
■ 3 sets of construction drawings
■ complete equipment specifications
• construction cost estimates
• estimated construction timetable
• necessary structural modifications if any
• complete life cycle cost analysis of system with
comparisons to existing system
The City's standard consultant services agreement, including
insurance requirements, is enclosed.
The City reserves the right to reject each or all proposals
submitted for this project.
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Exhibit C
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract Insurance against claims for injuries to persons or damages
to Property which may arise from of in connection with the peAomiance of the work hereunder by the Consultant, his agents,
representatives, employees.
Winimum Scope of treuranoa
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Uability coverage (occurrence form CG 0001).
2 Insurance Services Office form number CA 0001 (Ed. 1/M covering Automobile Uabilfty, code 1 (any auto).
3. Workers' Compensation Insurance as required by the State of California and Employer's Uabflity Insurance.
0. Errors and Omissions LW AV Insurance as appropriate to the consultant's profession.
Wrilmunr Umlts of Insurance
Consultant shag maintain limits no less than:
1. General Uabillty: $1,000,000 per occurrence for bodily injury, personal injury and property damage. N Commercial
General Uablfity or other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this projed/loeation or the general aggregate Omit shall be twice the required occurrence limit
2 Automobile UabhV. 51,000.000 per accident for bodily Injury and property damage.
3. Employer's Uabnitir. $7,000,000 perrcca� dent for bodily Injury or disease.
4. Errors and Omissions UabW.. 5: BB�999 per occurrence. -`G
Deduehbles and SeNnsured Reterrtiorra
Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either. the
Insurer shall reduce or egmirnais such deductibles or selfdnsuted retemfons as respects the CHy, its officers, officials employees
and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenaec
Other Insurance Provishm
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officare, officials, employees, agents and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, o -pled or used by the Consultant: or automobiles owned, leased, hired t! borrowed
by the Consultant The coverage shall contain no special fimitations on the scope of protection afforded to the City.
Its officers, official, employees, agents or volunteers.
2 For any claims related to this project, the Consultam's Insurance coverage shall be primary insurance as respects the
City, its officers, official, employees, agents and volunteers. Any Insurance or self-insurance maintained by the City,
Its officers, officals, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it
3. Any faiture to comply with reporting or other provisions of the policies including breaches of warramfes shall not affect
coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each Insured against whom claim is made or suit is brought, except
with respect to the limits of the Insurer's liability.
S Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceged by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified
man, return receipt requested, has been given to the City.
oA centtebilitir of Insurers
Insurance Is to be placed with insurers with a current AA L Best's rating of no leas than AVg.
verification of C�vereoe
Consultant shag furnish the City with original endorsements effecting coverage required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on Its behalf. All endorsements are to be received and
approved by the City before work commences.
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