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25E - AIR CONDITIONING SYSTEMS
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AMEND AGREEMENT A-2007-129 WITH ACCO ENGINEERED SYSTEMS, INC. FOR PREVENTIVE MAINTENANCE AND REPAIRS OF AIR CONDITIONING SYSTEMS ,~~~ U CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with ACCO Engineered Systems, Inc. in the amount of $92,000, for a total annual amount not to exceed $257,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Building Maintenance division of the Finance and Management Services Agency maintains approximately 40 buildings, including fire stations, recreation and community centers, libraries, City Hall, and the Corporate Yard. These public buildings, ranging from ten to 50 years old, require various levels of service for complex mechanical systems, including air conditioning chillers, ductwork and cooling towers, and hot water boilers. To maintain these systems in good working condition, it is vital to have preventive maintenance and repair services available to ensure the City mechanical systems operate efficiently and safely, and meet all applicable laws and regulations. On June 4, 2007, the City Council approved an agreement with ACCO Engineered Systems, Inc. for a one-year period, with provision for three, one-year renewals, in the first year amount not to exceed $165,000. In the course of regular maintenance and inspection of the Police Administration and Holding Facility, required repairs were identified. These repairs included replacement of the 11-year old cooling tower fill, repair of the main air conditioning duct and replacement of the holding facility hot water heater. With the expenditure of funds for these necessary repairs, additional funds are needed to continue on-going inspections, maintenance and repair for the remaining six months in the contract period. 25E-1 Acco Agreement Amendment February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department Building & Facilities, and the Building Maintenance Fund Other Contractual Service accounts (nos. 11-350- 6291 and 73-105-6291). APPROVED~QA~S TO FUNDS AND ACCOUNTS: Paul M. alters ~~,~ F ancisco Gutierrez ~/ Chief of Police yly~ Executive Director "_ d" Finance & Mgmt. Services Agency 25E-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 4, 2008, by and between ACCO Engineered Systems, Inc., a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement #A2007-129, dated June 4, 2007, (hereinafter "said Agreement") by which Contractor has provided maintenance and repair of heating and ventilation systems in City facilities. B. Due to costs of unanticipated repairs required at the Santa Ana Police Administration and Holding Facility, the compensation available for on-going inspections, maintenance and repair has been depleted. C. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to provide for continuous services during the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $92,000 for a total not to exceed amount of $257,000.00 during the term of said Agreement. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Atto ey By L a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. (NAME) y on+aj o /i ~ (Title) ,y~njar ~i~BG~/1i~atRsyBr' ~I~/~ 25E-3 Nov-13-07 02:45pm From-ACCO SERVICE OPERATIONS +18182462941 T-004 P.002/005 F-251 on11: ~Iwovrm CERTIFICATE OF LIABILITY INSURANCE 11/13/2007 ,~~.~,tr„ ER771af:ATE 1$ ISSUED AS A MWTT7=R 4F INFORI~TION +DNLY AND THIS ( , PFQAU~ Of Saahem CalifQrea dCra Aon Rlelc Services. Inc. of p~OES NOT ~ANFSID FX(FJV~ OAR ALTER THE CORO~'RnGE nPF ~F-D B ~ E FF~lc3ervloe IIIC A . pn 3outnem Oeldomia lnsuranoe SC+vIOL~ POLIGIE3 BELOW_ 707 Wdslue BNd., Suile 6000 LAe Angeles, CA 9001r INSURERS AFFORDING ~QVERAGE NAIL # ergU~ria GreenWidf Hlarrranoe Company INSLI6~ID 1673 ACCO Fslglneered Sysl>erns,lnG. INSI.IRHt 13. Fal3mans Fund Ins G4 t3~t35 San Fernando Road cNsur~c Calendela, CA 91201 AiStJRER R INSUI~R E ~ Spnciany prsurance Co 885 7NE POLICES OF RtSURANGE LTSTED g~[.OW HAVE 6EFSI ISSUED TO THE INSI~ NAI11~D asO ~H E~ O HIGi THtS CERYl1= CATS ~ DOGUMFNr NO'rwmf3YANDlkC: ANY RFQWREMENT. 7ERA~1 OR CBNbIT10N OF ANY CONTRACT OR O ES DESCRIl3EO HEREIN I$ suB.lECT YO ALL THE TERMS, E)(CLUSKINS. AND • dROED BY THE POLICI Mar BE ISSU® OR MAY PERTAIN, THE INSURANCE AF> 3 _ GONO1710NS Of SUCH POLI47E5. AGGREGATE LlMrrs SHOVYN MAY HAVE BEEN REOUGEP eY PAID Gt.AIM d4R Apd~ Ty~ve.ar~.v: P'CULT IIOIIiGi ~ OATE(I~WR~ ~~ L'ra I NSt~ ~ 004 000 S 1 e~]iE3eALLIAOLLRY RGS]5000750 14!112007 10111201 ~° , , p, ~ DAMAGE TO REt'rrEG ~ GENFAAL uaeeJrv S 100,000 PREMigES Es acrJrorrra ,~ © 009 S 5 ME6 FxP finny «>e pertoa,) , ©OO~°~01 PERSONAL8ADVINJURY S 1.OOD,QOD ~ u GEN47W-A[~aESwTE $ 2,000.D00 ~r5ra~uurr,~rrueew-x PRODUCTS-C41~loPKiG S 2~DOO,flOD p~. )!~~ PoucY ^ ~cT ^ ~x A ~ AIITOMOBRF LrA81LIIr RAp~ f)14Q 70!712007 10111200$ C06A6181N4i.E UST S 2,000,DOD © ANY MIrO ~ ALL WM1EDAllr06 L K~ ~ y~i .l~ ~O RY fib $ ,, rr u SCtlW{1LL9 AUK ~ ~('/~ ,,.~ ) NIF®AlliDb - ~~ ~ •J i /~~ l r INJU~` ~~ s NONOWfEDAUiDS F 7~ ((e c~~'~n . K RG ~ O SA E• torney PROS ~ $ S At (.ARAG8YA6Rfir 51S a r AUTOONLY-raAOCIDENT ~- ; A ~ ANYAGTO -~" ~ orH(~ Tww A~ T aura orir_Y: AGG S ~ pr~ya J, i~~y UM01607381 10/1l20D7 10H2O0$ Eadi OCGJFZI~ _ ; 1,000 000 Q ©accun ~ cwreswwr: ~~~~ S 1,000.000 S f._I ~ S o» ~ E woRl~RS~NSAtIONaNO ~wlasooaT4$ 1011/2007 101,2008 In rom~~ira °"'~ Qaw-ArHto LUBILn"! EL FJ1CH AOCIDEKi $ 1.UISO.OCIO ANY PnOPRE70R! PARrfaER ! FJ4EGUTNE o~cea-+sn+ernoactunrar EL815EaSE-EAFJ~PLOYEl: S 1000,004 ~rnaaQra,omeeraeECln~~owa~orwueaw F.,t..PI5FA5E^~eYwN'r ; 1000,000 QTHER OESC(BPTIOR OP OP9tA7101iSM1~OG0.Ti0113MBRCLEBIECCLABR>•era ~ouL~ 6v 6N60R3[Imfin~aee pRCNLSlON3 CsS+~nY 3lsntlerdlProt Lleb 07-06 183A.~ $ervire 711is Durance applies srsparatdy t0 each MSIAed against whom claim i9 made or suit is brrw(1trt ~Pt wrlti reaped to fit crmpalty's limits o(ifablYty. The InCIU9iPn of any person or argan¢ation a3 8ri iRSUr'Bd Shah npt affpyt any rigtrt which such person or orgarirmlion would have as 8 d9iM811t 111141 sa fiduded. Additiorllal frlsurad F1ldocaeYrletitat~Fled_ Where required, the p4Gcias evidenced herein are primary and noniaontr~autory. stlOtA.D ANY OF THE ABOVE DESCR6E0 POLICIES 6E CANCp~,EO ear-apE ilia bwn2Aridv DATE City of Senla Ana THF}754F. THE ~SI,AN4i C%1A6'+ANY WILL $q0 uA1L ~3D_ CUVS VYRtIT1T1 NOTICE TD 71-1E BtJildin9 ~~~~ ~~ CFRr4lf'.ATE HOLDER NAFFED TO TFiE IEFT, ON ZO Chric Center PIS {M-11) Santa ALta, CJ1 9270~t wurHOrt~b LmaTFV~ ~[o7L t$is~.,S,vv+~ Iwc, of 3 CQGfr„r~6 Irrsameoe.$ceiari 25E-4 Nov-13-OT 02:45pm From-A000 SERVICE OPERATIONS PC1LItjY: RGD500015p COMMERCIAL GENERAL CG 20 33 07 04 TgIS Ep+TT]ORSEMENT CHANGES THE 1POLICY. PLEASE RE~#D IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LfS.SEES OR CpNTRACTO]RS -AUTOMATIC STATUS WHEN REQ1p7RED Il+l CONSTRUCTION AGREEMENT WITH YOU This endorsement madiiacs insurance provided ~dcr the following: COMMERCIAL GEptERAL LiABILTTY COYERf#GE PART 183459 A. Section ll -Who Is An hrsrucd is amended. w inchrde as an additional insured arwy person or organization for whom you are performing operations when you a»d such pecsott or organization have agreed m writing in a contract or agrccmenk kb8ik &trch person or organization be added as 2n additional insured on your policy. Sacb person or organization is an additions] insured only with respect to liability for'RaodrZy injury", "property damage" or "personal and advc-lisiatg ittjury" caused, in whole or in pari, by: I _ Your acts or omissions; oc 2- The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured_ A person's or organization's status as an additonal instved under this endorsement ends when your operations for that additional insured are completed. B_ With respect m the ins~ce afforded W these additional insmtads, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advcxtising injury" arising out of the rendering of, or the failure to render, any professional azchitechs~l, engmccring or surveying servicxs, inctrrding: a The PmP~gr approving, or fatTntg to prepare or approve, maps, shop drawings, opinions, rclwrta, surveys, field orders, change orders or drawings and speeihications; or b_ $irperYlSOry, nispectlon, anchlbcctrual Or ~rgiadeerirtg aotivities_ 2. "Bodily injury" or °ProP~y damage" occurring after' a_ Ail work, incitrdiag materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional itt~rtr~(s) ar the location of the covcr>rd operations bas been completed; or ..--- •• t poitron of "your wo out 0 w r e talttry or ge arises -"•put torts mf4~s d use y any person or organization other` lbat- a3aoWer contractpr ar sabcontractor engaged irr ptafatming operations far a principal as a pars of the same projecE .. - - The City of Sanfa Ana. Its otfloers, agerds, employees and vdunreers ~ ~`~ _ ~.. App'~~; ~~ ~,~S~p,tCK i...1 ,;. ~, orn~Y, q~airtanti City ,~' J -~ ~. 1 'Primary Insurance Clause: tt i$ understood and agreed that this insurance is primary insurance and any other insurance mairrtained by the additional insured shall be excess only and not onntrrbuting with this irlSUrarlCe_' CG 20 33 07 OA g+ ]SO Prnperrks, IPC., 7.044 +18182462941 T-004 P.003/005 F-Z61 25E-5 Nov-13-07 02:45pm From-ACCO SERVICE OPERATIONS POLICY ~lLT1VIBFuiL: RGD5000150 +18182462941 T-004 P.004/005 F-261 COMMERCIAL GENIEYt.AL LLAEILI'1'Y CG 20 37 07 04 TffiS ENA(IRSEMENT CHANGES THE POLICY, p>~.EASE READ 1T CARE)EULLY- ADDITIONAL INSURED -OWNERS, LESSEES OR iCONTRACTORS -COMPLETED OPERATIONS This endorsement Modifies insurance pmvidcd. u»der the following: COMMERCIAL GENERAL LIARi~,i'i'Y COVERAGE PART SCHEDULE 183459 Name Of Additional Iasurcd Ferson(s) Or O ani~fiot< s ' I.o¢sti0n And Description Of Completed I;Yperstions The City of Senta Ana, its pfricers, agents, empbyees Service and volunteers This Insurance applies separately to each insured against whom trim is made or suit is brought except with n=.spect to the company's limits of liabifity.'1'he inclusion of any person or organization as an insured shall not affect any right which s nfUr7nation uired to com fete this Schedule, if not shown above, wil! be shown in the Declarations. Section II - WI-a Is An Insured is amended to mciudc as an additional insured the person(s) or organization{s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location dcsignatrd and described it1 the schedule of this endorsement performed for that additional ieswed and included in the "products~omplcted operations hazard"_ 'Primary Insurance Clause: h is understood and agreed that this insurance i& primary insurance and any other insurance maintained by the addiitioanal insured shall be excess only and not contributing with this insurance: 5 ~o ,~~g~ ~A Ap,~RpVE E. S y~P ~o ney ~Stant C :~~ ~~~ ~~ CG 20 37 07 04 IS4 Properties, Ine_, 2004 25E-6 nov-i~-ur uz:46pm Fram-ACCO SERVICE OPERATIONS +16182462941 T-004 8.005/005 F-261 ENW]RSEMEIVT# 1 'llfis rndo~emem, cfCcctivc 12:01 a.m. ©etObef 7 , 2UU7 forms a part of Pvti~y ~~= RGD5000150 rsrsued m: ACCO Engineered Systems, Inc. ~x Greenvrich Insurance Gomperly TEDS ENDORSEMENT Cl'1M1tikS "I'H E PQFJCY_ PE.EASE READ 1T CARF..FUI.L.Y. PRIMARXINSUIRANCECLAUSE EhibpRSEMENT 17sia endorsement modiEes insursnce providod under the followin~G: COMMF.,(tG:IAL GEhIERA[, LIABIL,I'1'y COVERAGE PART PRODUGTS/COMPLL•TL•D C7PERA7rONS COVERAGE PART Ir is agoed that to the extCnt that iflgnl2npe 1s sffoildcd to ~y Addidoml insiarc! rnrder thss Iz this in~sarana: ehall I as gpatnburing with stry inzm„~,.r curried by xuch Additipnai ingttred, as z~uired by written contract aPP Y P~rY and trot 983459 AlI other tams and canditioas of thix p41iCy 7'2alsin Hnchanged ~-~ ~~ .~pR1JS. '~ K ~1~P ~,. S~oA t rney tart Gity psis ~ ~~ ~~ ~, 424 0605 ~, 2005, XI. America Inc. 25E-7 25E-8