Resolution No. 76921 RESOLUTION NO, 7692
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON ACCEPTING THE BID OF COMMERCIAL REFRIGERATION
4 COMPANY ON BID NO. 1401 FOR THE PURCHASE OF A CHILLER
UNIT AND THE REMOVAL AND DISPOSAL OF THE EXISTING
5 UNIT AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT
PURCHASE CONTRACT AND THE ISSUANCE OF A PURCHASE
6 ORDER RESPECTING SAID BID
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8 WHEREAS, the chiller unit located in the City Hall basement
9 needs to be replaced; and
10 WHEREAS, pursuant to Resolution No. 7662 adopted by the,City
11 Council of the City of Vernon on November 21, 2000, the City Clerk was
12 directed to give notice inviting sealed proposals or bids for the
13 removal and disposal of the existing chiller unit and the purchase and
14 installation of a new 18-ton packaged chiller unit, temperature sensors
15 and alarm system in the Communications Center in accordance with a
16 Request for Proposal (Bid No. 1401); and
17 WHEREAS, the Request for Proposal (Bid No. 1401) of the City
18 of Vernon was approved by the City Council of the City of Vernon
19 pursuant to Resolution No. 7662, and sealed bids were opened on
20 December 26, 2000; and
21 WHEREAS, the following bids were received on Bid No. 1401:
22 National Refrigeration (aka Commercial Refrigeration Company) bid a
23 total of Forty -Two Thousand Two Hundred Fifty -Nine Dollars and No Cents
24 ($42,259.00), including tax; and
25 WHEREAS, said bids were reviewed by the Director of Community
26 Services and Water Department; and
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1 WHEREAS, Bruce V. Malkenhorst, City Administrator/City Clerk,
2 by letter dated January 9, 2001, recommended that Bid No. 1401 be
3 awarded to National Refrigeration, the lowest responsible bidder
4 meeting the requirements of Bid No. 1401.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
6 OF VERNON AS FOLLOWS:
7 SECTION 1: The City Council of the City of Vernon hereby
8 finds and determines that the recitals contained hereinabove are true
9 and correct.
10 SECTION 2: The City Council of the City of Vernon hereby
11 awards Bid No. 1401 to National Refrigeration aka Commercial
12 Refrigeration Company and accepts and approves the Equipment Purchase
13 Contract, a copy of which is attached hereto as Exhibit "A" and made a
14 part hereof.
15 SECTION 3: The City Council of the City of Vernon hereby
16 authorizes the Mayor and the City Clerk to execute the Equipment
17 Purchase Contract on behalf of the City and authorizes the issuance of
18 a purchase order for the removal and disposal of the existing chiller
19 unit and the installation of a new 18-ton packaged chiller unit,
20 temperature sensors and alarm system in the Communications Center
21 pursuant to Bid No. 1401.
22 SECTION 4: The City Council of the City of Vernon hereby
23 directs the City Clerk, or his designee, to send one fully executed
24 Contract to:
25 Commercial Refrigeration Company
26 Attn: Lee Hobbs, National Refrigeration
1700 N. Soto Street
27 Los Angeles, CA 90023
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SECTION 5: All other bids in connection with Bid No. 1401 are
rejected, subject to execution of the aforesaid contract documents from
Commercial Refrigeration Company, accompanied by all required
certificates.
SECTION 6: The City Clerk of the City of Vernon shall certify
to the passage of this resolution, and thereupon and thereafter the
same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of January, 2001.
AT
BRUCE V. MALKENHORST, City Clerk
S C. MAL URG, M yor
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7692, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 January 17, 2001, and thereafter was duly signed by the Mayor of the
9 City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT
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I EQUIPMENT PURCHASE CONTRACT
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3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, as of this day of
6
7 January, 200.1, in the City of Vernon, County of Los Angeles,
California
9 BY AND BETWEEN
The City of Vernon (hereinafter
10 referred to as the "City")
4305 Santa Fe Avenue
11 Vernon, CA 90058
12 AND Commercial Refrigeration Company.
thereinafter referred to as
13 "Commercial Refrigeration")
1700 N. Soto Street
14 Los Angeles, CA 90023
15 WHEREAS, the City needs to replace an existing 13-ton chiller
16 located in the City Hall basement; and
17 WHEREAS, the City needs the services of a vendor to removal
18 and dispose of the existing chiller unit and to install a new 18-ton
19 chiller unit, platform and temperature sensor system; and
20 WHEREAS, on December 4, 2000, the City issued Bid No. 1401
21 which sets forth specifications for the removal and disposal of the
22 existing chiller unit and the installation of a new 18-ton packaged
23 chiller unit, temperature sensors and alarm system in the
24 Communications Center; and
25 WHEREAS, on or about December 15, 2000, Commercial
26 Refrigeration responded to Bid No. 1401; and
27 WHEREAS, the City has accepted the bid of Commercial
28 Refrigeration and desires to retain its services to remove and
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1 dispose of the existing 13-ton chiller unit and to providethenew 18-
2 ton packaged chiller unit, temperature sensors and alarm system.
3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
4 FORTH HEREIN:
5 1. Purchase. Commercial Refrigeration agrees to furnish
6 the necessary labor, materials, supplies, equipment, transportation
7 and supervision to (a) remove and dispose of the existing 13-ton
8 chiller unit located in the Vernon City Hall, (b) install a new 18-ton
9 packaged chiller unit, (c) provide temperature sensors, and (d)
14 install an alarm system in the Communications Center according to the
It specifications contained in the City's Bid documents dated December 4,
12 2000, and Commercial Refrigeration's Bid of December 15, 2000 (the
13 "Bid Documents"). A copy of the Bid Documents are attached hereto as
14Exhibit "A" and incorporated herein by reference,
15 2. Price. Consistent with its Bid, Commercial
15 Refrigeration agrees to provide labor, materials, supplies, equipment,
17 transportation and supervision for the replacement and installation of
18 the new 18-ton packaged chiller, temperature sensors and installation
19 of an alarm system for the total sum of Forty -Two Thousand Two Hundred
20 Fifty -Nine Dollars and No Cents ($42,259.00), tax included.
21 3. Payment Terms. The City agrees to pay Commercial
22 Refrigeration upon completion of their services a total of Forty -Two
23 Thousand Two Hundred Fifty -Nine Dollars and No Cents ($42,259.00), tax
24 included, for labor, materials, supplies, equipment, transportation
25 and supervision for the replacement and installation of the new 18-ton
26 packaged chiller, temperature sensors and installation of an alarm
27 system pursuant to an invoice provided by Commercial Refrigeration.
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1 4• Warranties; Commercial Refrigeration shall provide,
2 at a minimum, a one (1) year labor and material warranty to begin upon
3 acceptance of the completed system by the City. All manufacturers'
4 warranties, any warranties typically provided by Commercial
Refrigeration, and any other warranties made applicable by law shall
b apply to the City's purchase of the new 18-ton packaged chiller unit,
7 temperature sensors and alarm system.
S 5. Governing Law. The validity, interpretation and
9 performance of this contract shall be controlled and construed under
10 the laws of the State of California.
11 6. Notices. Notices to the parties, unless otherwise
12 requested in writing, shall be sent to:
13
14 City: THE CITY OF VERNON
ATTN: DOLORES FONSECA
15 PURCHASING ASSISTANT
4305 SANTA FE AVENUE
16 VERNON, CA 90058-0805
17 Commercial
18 Refrigeration: COMMERCIAL REFRIGERATION COMPANY
ATTN: LEE HOBBS, NATIONAL REFRIGERATION
19 1700 N. SOTO' STREET
LOS ANGELES, CA 90023
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21 7• General Prov��;nn�
22 A. _In!dependent Contr. t r. At all times during the
23 term of this Contract, Commercial Refrigeration shall be an
24 independent contractor and shall not be an employee of the City. The
25 City shall have the right to control Commercial Refrigeration only
26 insofar as the results of Commercial Refrigeration's services rendered
27 pursuant to this Contract; however, the City shall not have the right
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to control the means by which Commercial Refrigeration accomplishes
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services rendered pursuant to the Contract except to the extent that
such services involve the use of City property or Confidential
I Information.
B. Commercial RefrigerationNotAgent. Except as
the City may specify in writing, Commercial Refrigeration shall have
no authority, expre . ss or implied, to act on behalf of the City in any
capacity whatsoever as an agent. Commercial Refrigeration shall have
no authority, expressed or implied, pursuant to this Contract to bind
the City to any obligation whatsoever.
C. Indemnification. Commercial Refrigeration shall
indemnify, defend,,protect and hold the City and its officers, agents
and employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, judgments and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of the services performed under this Contract, except to
the extent arising from or caused by the sole negligence or willful
misconduct of the City, its officers, agents or employees.
D. Comprehensive General and Automobile insurance.
Commercial Refrigeration agrees to provide insurance in the amounts
and forms specified in Exhibit "B," which is attached hereto and made
a part hereof by reference. Comparable coverage shall be provided for
each subcontractor used in the performance of this Contract.
Commercial Refrigeration shall submit to the City documentation
indicating compliance with these minimum requirements no less than one
(1) day prior to the beginning of performance under this Contract.
Commercial Refrigeration shall not commence performance of its
services under this Contract until the above insurance has been
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obtained and proof of insurance has been filed with and approved by
I the City.
8. CONFIDENTIAL INFORMATION
A. Access to Confidential Information_ The City may
provide Commercial Refrigeration with, or allow Commercial
Refrigeration access to, certain information not available to the
public concerning the City, or businesses located in the City. The
information may include company information, taxes, sales, value of
assets, or other such information. All such information shall be known
as "Confidential Information."
B. No Disclosure. Except as expressly permitted,
Commercial Refrigeration shall not disclose, permit the disclosure of,
release, disseminate, or transfer, whether orally or by any other
means, any part of such Confidential Information to any other person
or entity, whether corporate, governmental, or individual, without the
express prior written consent of an authorized representative of the
City. Commercial Refrigeration shall return any written Confidential
Information, and all copies made of such items, to the City upon the
City's written request, but in any event not later than the date that
the Commercial Refrigeration has performed all services to be
performed pursuant to this Agreement. Commercial Refrigeration hereby
agrees that such Confidential Information and any documents provided
may be used by Commercial Refrigeration only as authorized by the
City. Commercial Refrigeration shall take reasonable measures to
avoid any disclosure of any such Confidential Information to any
unauthorized person.
C. Court OrPr� D' closure. Commercial
Refrigeration shall immediately notify the City of any court order or
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I subpoena requiring disclosure of Confidential Information, and shall
2 cooperate with legal counsel in the appeal or challenge of any such
3 order or subpoena. Recipient may only disclose Confidential
4' Information required to be disclosed pursuant to court order or
S subpoena after legal counsel has exhausted any lawful and timely
6 appeal or challenge.
7 D. Remedjes. In addition to any other remedies that
8 it may have at law or in equity, the City shall be entitled to a
9 temporary and permanent injunction by a court of competent
10 jurisdiction against any breach or threatened breach of the
11 Confidential Information provisions of this Agreement. Commercial
12 Refrigeration acknowledges that in case of such breach or threatened
13 breach of said provisions, the City would have no adequate remedy at
14 law.
15 9. Entire Agreement- This Contract is the entire
16 agreement of the parties. Commercial Refrigeration represents that in
17 entering into this Contract, it has not relied on any previous
18 representations or understandings of any kind or nature.
19 10. Benefit of Agreement. This Contract shall bind and
20 benefit the parties hereto and their heirs, successors, and permitted
21 assigns.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
I ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
COMMERCIAL REFRIGERATION COMPANY
By:
Title:
By:
Title:
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EXHIBIT
REQUEST FOR QUOTATIONS
NOT A PURCHASE ORDER
D#Wa ALL INQUIRIES TO
CITY PURCHASING AGENT
TELEPHONE (213) 563-8811
CITY OF VERNON, CALIFORNIA FOR CITY USE ONLY
PURCHASING DEPARTMENT QUOTATION No. 14f1 1
CITY HALL OATE MAILEO__12I4/00
4305 Santa Fe Ave. - Vernon, California 9005$ 'lt-21a1(2I iz
REC'O HY CITvs
Lee Hobbs oPENE V+T vv
TO NATIONAL REFRIGERATION
1700 N. Soto Street
-------�----Les—Angeles, GA--900 2 3
PteasIt quote hereon the lowest not price you can furnish the articles or services specified below. Quote on each item separately. Bidder may
qualify quotations as to or none by stating so on body of form. City reserves the right to accept or reject quotations received on any or all
items. tin order to maintain their name on City's Bidder File, Vendor should return this form whether o orice is nuated ar not_
QUANTITY
DESCRIPTION
NET UNIT PRICE
TOTAL
Removal and disposal of the existing 13-ton
chiller unit located.',at City of Vernon - City
Hall (4305 Santa Fe Avenue, Vernon, CA 90058)
Installation of a new 18-ton packaged chiller
unit
Provide temperature sensors in the Telephone
room, computer room and radio room that will
alarm the Communications Center
Installation of an alarm system in the
Communication Center
Vendor should refer to the attached specificat
ns
and information regarding scope of project.
To set up an appointment to,inspect the job sit3,
prior to submitting your bid proposal, please call
Leo Lee at (323) 583-8811 Ext. 217.
***PLEASE NOTE***
Please mark the bid number on the outside of
the return envelope, otherwise the bid will
not be accepted.
$40,446
00
IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT. CASH DISCOLINTS
OCIOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS
RECEIVED IN RES E T THIS REQU FOR OUQTATION WILL BE OINMfg PUR H LNG AGENTS
0FFICEONTHE E�DAY OF IBeCt?Il1C3er
ices exclusive of Sales Tax and Excise Taxes.
A. Indicate Sales Tax in this space $.1-8.1_3 , QQ ......... B. Indicate Excise Tax in this space $ ----�L _
C. Above quotations subiect to Cash Discount of.-•.-.O _.--._ %, F.O.8.-_______-.-.--------
D. To be delivered to CITY OF VERNON at..4.3.0--- Eguxta--- FP..•A? wim...............•--............-•--------------
We (l) agree to furnish above in --- go ------------------------- days from receipt of purchase order at prices specified.
FOR CQmm-erclaI--- Reflr ger_ L on.._Companl----------------------
Fi Name
OAT E...!�.Z - /,S Od ------ SIGN HERE X...................................
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. `BILL" DAVIS
Councilman
H.-LLARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
{City Administrator J City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
REQUEST FOR PROPOSAL
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The City of Vernon is requesting proposals for installation of a new 18 tons packaged
chiller that will serve the equipment rooms located at the three story City Hall Building at
4305 Santa Fe Ave.
PROJECT SPECIFICATIONS:
1. Removal and disposal of the existing chiller unit.
2. installation of anew 18 tons packaged chiller unit.
3. Provide temperature sensors in the Telephone room, Computer room, and
Radio room that alarm the Communication Center.
4. Installation of an alarm system in the communication center.
GENERAL CONDITIONS:
The Contractor shall visit site prior to bidding to verify the location, operation, condition
and characteristics of all systems, By the act of submitting a proposal for the work
included in this contract, the contractor shall be deemed to have made such study and
examination, and that he is familiar with and accepts all conditions of the site.
Contractor will furnish all necessary labor, materials, supplies, equipment, transportation
and supervision to complete the project.
Contractor will furnish all necessary upgrade on the existing electrical wiring and
refrigerant piping for a complete installation.
Contractor to provide a temperature alarm system that is allowed to be manually
deactivated for a period of time.
Contractor shall be solely responsible for any damaged to existing facilities resulting
directly or indirectly from his operations.
Contractor shall properly cover and protect all furnishings and equipment.
All work, service and repair shall be performed in accordance with all applicable codes
and the manufacture's installation instruction with no additional charge.
Contractor shall guarantee the entire systems unconditionally for a minimum period of
one (1) year after final acceptance.
The contractor shall agree to provide for emergency repair service within 24 hours of call
during the one-year guarantee period. Should the contractor not respond within the 24
hour period, the City at its own discretion may order the necessary work to be done and
pass on the cost to the contractor and not impair the one-year guarantee requirement. The
contractor shall provide aphone number for emergency calls.
All equipment shall be anchored to resist horizontal force acting in any direction.
Contractor can not re -assign any part of this contract out without first obtain the city's
approval.
Projects will be performed during working hours convenient to the City, including nights
and weekends with no extra charge.
Contractor shall keep the job site clean of debris, equipment, and surplus materials at the
end of each work shift.
Payment is due 30 days after completion of the job.
BIDDING REOUIREMENTS:
Contractor must hold relevant state licenses. A copy of all relevant licenses shall be
submitted for review.
All fines must meet the minimum requirements outlined in the City of Vernon's
insurance schedule. A copy of this schedule has been provided for review.
All bids must be delivered to the City of Vernon Department of Communication Service
counter by December 21, 2000 at 4:OOPM.
The contact person for this project is Leo Lee who can be reached at (323) 583-8811 Ext.
217. Monday through Thursday from 7:30 AM to 9:30 AM or from 12:45 PM to 1:30
PM.
EXHIBIT
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EXHIBIT B
INSURANCE SCHEDULE (COMMERCIAL REFRIGERATION)
Commercial Refrigeration shall provide proof of insurance, including a standard certificate of insurance,
in at least the following amounts and coverage (combined single limit permitted):
I. ,.
Co� vie and Limits
I3odily In ure Emma D— amaLye
Each h p Each Accident
Automobile Liability
Owned Automobiles 500,000 $11000,000 500,000
Hired,Automobiles 1! 111 $1,000,000 500,000
f • •• 11 Ilj! Ilf 11! li ill
II. General and Professional Liability
General Liability
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
Independent Contractors
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contracr t lability
$1,000,000
nnn
$2,000,000
$1,000,000
Professional
_ i biiity
'
$� nnn t>n0$2,000-000
$2, ,QO11-11
•$1,000-000
.n0
a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Certification of the following proof y the
insurance went or br zker will not be a cepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an of authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B
SUPPORTING
DOCUMENTS
1 (
EQUIPMENT PURCHASE CONTRACT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 17 T day of
January, 2001, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN The City of Vernon (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND Commercial Refrigeration Company
(hereinafter referred to as
"Commercial Refrigeration")
1700 N. Soto Street
Los Angeles, CA 90023
WHEREAS, the City needs to replace an existing 13-ton chiller
located in the City Hall basement; and
WHEREAS, the City needs the services of a vendor to removal
and dispose of the existi chill r unit and to install a new 18-ton
NdT ,woc...vsi) �.
chiller unit, 1 f rm �-emprature sensor system; and
WHEREAS, on December 4, 2000, the City issued Bid No. 1401
which sets forth specifications for the removal and disposal of the
existing chiller unit and the installation of a new 18-ton packaged
chiller unit, temperature sensors and alarm system in the
Communications Center; and
WHEREAS, on or about December 15, 2000, Commercial
Refrigeration responded to Bid No. 1401; and
WHEREAS, the City has accepted the bid of Commercial
Refrigeration and desires to retain its services to remove and
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1 dispose of the existing 13-ton chiller unit and to provide the new 18
2 ton packaged chiller unit, temperature sensors and alarm system.
3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
4 FORTH HEREIN:
5 1. Purchase. Commercial Refrigeration agrees to furnish
6 the necessary labor, materials, supplies, equipment, transportation
7 and supervision to (a) remove and dispose of the existing 13-ton
8 chiller unit located in the Vernon City Hall, (b) install a new 18-ton
9 packaged chiller unit, (c) provide temperature sensors, and (d)
10 install an alarm system in the Communications Center according to the
11 specifications contained in the City's Bid documents dated December 4,
12 2000, and Commercial Refrigeration's Bid of December 15, 2000 (the
13 "Bid Documents"). A copy of the Bid Documents are attached hereto as
14 Exhibit "A" and incorporated herein by reference.
15 2. Price. Consistent with its Bid, Commercial
16 Refrigeration agrees to provide labor, materials, supplies, equipment,
17 transportation and supervision for the replacement and installation of
18 the new 18-ton packaged chiller, temperature sensors and installation
19 of an alarm system for the total sum of Forty -Two Thousand Two Hundred
20 Fifty -Nine Dollars and No Cents ($42,259.00), tax included.
21 3. Payment Terms. The City agrees to pay Commercial
22 Refrigeration upon completion of their services a total of Forty -Two
23 Thousand Two Hundred Fifty -Nine Dollars and No Cents ($42,259.00), tax
24 included, for labor, materials, supplies, equipment, transportation
25 and supervision for the replacement and installation of the new 18-ton
26 packaged chiller, temperature sensors and installation of an alarm
27 system pursuant to an invoice'provided by Commercial Refrigeration.
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4. Warranties. Commercial Refrigeration shall provide,
at a minimum, a one (1) year labor and material warranty to begin upon
acceptance of the completed system by the City. All manufacturers'
warranties, any warranties typically provided by Commercial
Refrigeration, and any other warranties made applicable by law shall
apply to the City's purchase of the new 18-ton packaged chiller unit,
temperature sensors and alarm system.
5. Governing Law. The validity, interpretation and
performance of this contract shall be controlled and construed under
the laws of the State of California.
6. Notices. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: DOLORES FONSECA
PURCHASING ASSISTANT
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Commercial
Refrigeration: COMMERCIAL REFRIGERATION COMPANY
ATTN: LEE HOBBS, NATIONAL REFRIGERATION
1700 N. SOTO STREET
LOS ANGELES, CA 90023
7. General Provisions.
A. Independent Contractor. At all times during the
term of this Contract, Commercial Refrigeration shal•1 be an
independent contractor and shall not be an employee of the City. The
City shall have the right to control Commercial Refrigeration only
insofar as the results of Commercial Refrigeration's services rendered
pursuant to this Contract; however, the City shall not have the right
to control the means by which Commercial Refrigeration accomplishes
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I services rendered pursuant to the Contract except to the extent that
2 such services involve the use of City property or Confidential
3 Information.
4 B. Commercial Refrigeration Not Agent. Except as
5 the City may specify in writing, Commercial Refrigeration shall have
6 no authority, express or implied, to act on behalf of the City in any
71 capacity whatsoever as an agent. Commercial Refrigeration shall have
8 no authority, expressed or implied, pursuant to this Contract to bind
9 the City to any obligation whatsoever.
10 C. Indemnification. Commercial Refrigeration shall
11 indemnify, defend,,protect and hold the City and its officers, agents
12 and employees, free and harmless from and against any and all claims,
13 demands, losses, damages, liabilities, fines, charges, penalties,
14 orders, judgments and all costs and expenses incurred in connection
15 therewith, including reasonable attorney's fees and costs of defense
16 arising out of the services performed under this Contract, except to
17 the extent arising from or caused by the sole negligence or willful
18 misconduct of the City, its officers, agents or employees.
19 D. Comprehensive General and Automobile Insurance.
20 Commercial Refrigeration agrees to provide insurance in the amounts
21 and forms specified in Exhibit "B," which is attached hereto and made
22 a part hereof by reference. Comparable coverage shall be provided for
23 each subcontractor used in the performance of this Contract.
24 Commercial Refrigeration shall submit to the City documentation
25 indicating compliance with these minimum requirements no less than one
26 (1) day prior to the beginning of performance under this Contract.
27 Commercial Refrigeration shall not commence performance of its
28 services under this Contract until the above insurance has been
me
I obtained and proof of insurance has been filed with and approved by
2 the City.
3 8. C'-ONFIDENTIAL INFORMATION.
4 A. Access to Confidential Information. The City may
5 provide Commercial Refrigeration with, or allow Commercial
6 Refrigeration access to, certain information not available to the
7 public concerning the City, or businesses located in the City. The
8 information may include company information, taxes, sales,- value of
9 assets, or other such information. All such information shall be known
10 as "Confidential Information."
11 B. No Disclosure. Except as expressly permitted,
12 Commercial Refrigeration shall not disclose, permit the disclosure of,
13 release, disseminate, or transfer, whether orally or by any other
14 means, any part of such Confidential Information to any other person
15 or entity, whether corporate, governmental, or individual, without the
16 express prior written consent of an authorized representative of the
17 City. Commercial Refrigeration shall return any written Confidential
18 Information, and all copies made of such items, to the City upon the
19 City's written request, but in any event not later than the date that
20 the Commercial Refrigeration has performed all services to be
21 performed pursuant to this Agreement. Commercial Refrigeration hereby
22 agrees that such Confidential Information and any documents provided
23 may be used by Commercial Refrigeration only as authorized by the
24 City. Commercial Refrigeration shall take reasonable measures to
25 avoid any disclosure of any such Confidential Information to any
26 unauthorized person.
27 C. Court Ordered bisclosure. Commercial
28 Refrigeration shall immediately notify the City of any court order or
-5-
subpoena requiring disclosure of Confidential Information, and shall
cooperate with legal counsel in the appeal or challenge of any such
order or subpoena. Recipient may only disclose Confidential
Information required to be disclosed pursuant to court orderor
subpoena after legal counsel has exhausted any lawful and timely
appeal or challenge.
D. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Commercial
Refrigeration acknowledges that in case of such breach or threatened
breach of said provisions, the City would have no adequate remedy at
law.
9. Entire Agreement. This Contract is the entire
agreement of the parties. Commercial Refrigeration represents that in
entering into this Contract, it has not relied on any previous
representations or understandings of any kind or nature.
10. Benefit of Agreement. This Contract shall bind and
benefit the parties hereto and their heirs, successors, and permitted
assigns.
S'n
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST: /
D�
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM.
EDUARDO OLIVO, City orney
CITY OF VERNON
By:
L ONIS C. MALE4JRG, Major
COMMERCIAL/VZFF' GERATION COMPANY
-7-
EXHIBIT
REQUEST FOR QUOTATIONS
NOT A PURCHASE ORDER
DIRECT ALL INQUIRIES TO
CITY PURCHASING AGENT
TELEPHONE (213) 583-8811
G
CITY OF VERNON, CALIFORNIA
PURCHASING DEPARTMENT
CITY HALL
4305 Santa Fe Ave. - Vernon, California 90058
Lee Hobbs
TO NATIONAL REFRIGERATION
1700 N. Soto Street
Angeles,lee
GA 90023
FOR CITY USE ONLY
QUOTATION NO. 1411. r
DATE MAILED 12/4/00
REC'O BY CITY Zoo 94
OPENE
Please quote hereon the lowest not price you can furnish the articles or services specified below. Quote on each item separately. Bidder may
qualify quotations as "ail or none 'by so on body of form. City reserves the right to accept or reject quotations received on any or all
I.....A.............:.. #L.;....,........ Ca.,'. RiAA.r File_ Vender should return this form whether a price is quoted or not.
QUANTITY
D E S C R I P T I O N
NET UNIT PRICE
TOTAL
Removal and disposal of the existing 13-ton
chiller unit locate&.at City of Vernon - City
Hall (4305 Santa Fe Avenue, Vernon, CA 90058)
Installation of a new 18-ton packaged chiller
unit
Provide temperature sensors in the Telephone
room, computer room and radio room that will
alarm the Communications Center
Installation of an alarm system in the
Communication Center
Vendor should refer to the attached specificat'
ns
and information regarding scope of project.
To set up an appointment to inspect the job sit-.,
prior to submitting your.bid proposal, please cill
Leo Lee at (323) 583-8811 Ext. 217.
***PLEASE NOTE***
Please mark the bid number on the outside of
the return envelope, otherwise the bid will
not be accepted.
$40,446
00
IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS
QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS
RECEIVED IN REISP24 E T THIS REOUE%T�FO�RPOU'TAATr*N WILL BE OPI�Y PUF�CHA ING AGE rS
OFFICE ON THE L DAY OF 1 — 1�Jr§ (� _—
ices exclusive of Sales Tax and Excise Taxes.
A. Indicate Sales Tax in this space $11 .................................. .
,,,,,,,,,,,,,,,,,,,,,„_____..B. Indicate Excise Tax in this space $ ......
C. Above quotations subject to Cash Discount of.__.__0........ %., F.0.S............................................................................
43R5. a4r L,..E_....A.. �?.. ...........
D. To be delivered to CITY O F VERNON of a Ve Ll.................................................................
We (1) agree to furnish above in ...go ......................... days from receipt of purchase order at prices specified.
FORC.Qmmerclal-..Re.rigearatian..ComPADY.....................
Fir Name
% Z �S SIGN HERE - ^ ^._.:.......
0�
DA T E............. ...................... .....
MAII TO PURCHASING DEPT.
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
REQUEST FOR PROPOSAL
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The City of Vernon is requesting proposals for installation of anew 18 tons packaged
chiller that will serve the equipment rooms located at the three story City Hall Building at
4305 Santa Fe Ave.
PROJECT SPECIFICATIONS:
1. Removal and disposal of the existing chiller unit.
2. Installation of a new 18 tons packaged chiller unit.
3. Provide temperature sensors in the Telephone room, Computer room, and
Radio room that alarm the Communication Center.
4. Installation of an alarm system in the communication center.
GENERAL CONDITIONS:
The Contractor shall visit site prior to bidding to verify the location, operation, condition
and characteristics of all systems, By the act of submitting a proposal for the work
included in this contract, the contractor shall be deemed to have made such study and
examination, and that he is familiar with and accepts all conditions of the site.
Contractor will furnish all necessary labor, materials, supplies, equipment, transportation
and supervision to complete the project.
Contractor will furnish all necessary upgrade on the existing electrical wiring and
refrigerant piping for a complete installation.
Contractor to provide a temperature alarm system that is allowed to be manually
deactivated for a period of time.
Contractor shall be solely responsible for any damaged to existing facilities resulting
directly or indirectly from his operations.
Contractor shall properly cover and protect all furnishings and equipment.
All work, service and repair shall be performed in accordance with all applicable codes
and the manufacture's installation instruction with no additional charge.
Contractor shall guarantee the entire systems unconditionally for a minimum period of
one (1) year after final acceptance.
The contractor shall agree to provide for emergency repair service within 24 hours of call
during the one-year guarantee period. Should the contractor not respond within the 24-
hour period, the City at its own discretion may order the necessary work to be done and
pass on the cost to the contractor and not impair the one-year guarantee requirement. The
contractor shall provide a phone number for emergency calls.
All equipment shall be anchored to resist horizontal force acting in any direction.
Contractor can not re -assign any part of this contract out without first obtain the city's
approval.
Projects will be performed during working hours convenient to the City, including nights
and weekends with no extra charge.
Contractor shall keep the job site clean of debris, equipment, and surplus materials at the
end of each work shift.
Payment is due 30 days after completion of the job.
BIDDING REQUIREMENTS:
Contractor must hold relevant state licenses. A copy of all relevant licenses shall be
submitted for review.
All firms must meet the minimum requirements outlined in the City of Vernon's
insurance schedule. A copy of this schedule has been provided for review.
All bids must be delivered to the City of Vernon Department of Communication Service
counter by December 21, 2000 at 4:OOPM.
The contact person for this project is Leo Lee who can be reached at (323) 583-8811 Ext.
217. Monday through Thursday from 7:30 AM to 9:30 AM or from 12:45 PM to 1:30
PM.
EXHIBIT
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INSURANCE SCHEDULE (COMMERCIAL REFRIGERATION)
Commercial Refrigeration shall provide proof of insurance, including a standard certificate of insurance,
in at least the following amounts and coverage (combined single limit permitted):
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 500,000
Hired Automobiles $ 500,000 $1,000,000 500,000
Non-Owned.Automobiles oft S11 111 $1,000,000 11 111
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
Contract Liability
$1,000,000
$1-000,000
$2,000,000
$2�2,000,000
$1,000,000
$1,000 000
Professional Liability
$2,000,000
$2,000,000
.$2,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Certification of the following proofs by the
insurance agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify..
A copy of each policy certified by an officer of the underwriter or carrier and notarized
i.m" 1.13 91:
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 6, 2001
Commercial Refrigeration Company
Attn: Lee Hobbs, National Refrigeration
1700 North Soto Street
Los Angeles, CA 90023
Dear Mr. Hobbs:
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
An Equipment Purchase Agreement was approved by the Vernon City
Council on January 17, 2001.
In accordance with Section 7.D, of said agreement, you are to furnish
the City with a Certificate of General and Automobile Insurance no
less than one (1) day prior to the beginning of performance under the
Contract. Commercial Refrigeration AKA National Refrigeration and/or
its subcontractors cannot commence performance of its services under
this contract until the insurance requirement has been approved.
Please submit your proof of insurance to Joan Francone, Risk Manager
for review and approval. Upon receipt of said certificate, this
office will forward to you a duplicate original agreement.
If you should have any questions, please refer them to Ms. Dolores
Fonseca at Ext. 234.
Very truly yours,
a o
Chief Depu City Clerk
CC: Dolores Fonseca
Joan Francone
Agreement File No. 01-003
11 Alk I 1L97
To: Gloria Orosco, Chief Deputy City Clerk
From: Judy
Date: 01 /17/01
Re: Contract With Commercial Refrigeration aka National Refrigeration For Chiller
Attached are 2 originals of the Contract signed by Commercial Refrigeration.
The word "platform" struck and initialed by Commercial Refrigeration on page 1, line 19.
Mayor needs to also initial the change when he is signing as usual.
If you need further information from me, please advise.
Attachments
cc: Eduardo Olivo (w/attachment) rr Rr'V
lP
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 11, 2001
Mr. Lee Hobbs
National Refrigeration
1700 N. Soto Street
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
0oply
Los Angeles, CA 90023
Re: Equipment Purchase Contract For 18-Ton Chiller Uni� /
Dear Mr. Hobbs:
Enclosed please find two duplicate originals of the
aforementioned Contract which needs to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, by Monday, January 15, 2001
The Contract is scheduled to be considered by the Council at
its
meeting on January 17, 2001.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter. if
you have any questions, please contact me at (562) 927-7702.
Very truly yours,
Eduardo Olivo
ji City Attorney
Enclosures
CC: Ms. Gloria Orosco, Chief Deputy City Clerk (w/o encls.)
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