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C'941FOVL CITY COUNCIL STAFF REPORT
DATE: July 5, 2017 CONSENT AGENDA
SUBJECT: REPORT OF EMERGENCY REPLACEMENT OF AIR CONDITIONING
AND COMPRESSOR UNIT FOR THE CITY HALL SERVER ROOM
PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION
7.04.040.
FROM: David H. Ready, City Manager
BY: Department of Maintenance & Facilities
SUMMARY
Pursuant to section 7.04.040 (3) of the Municipal Code, on June 14, 2017, the City
Manager exercised his authority to approve the emergency replacement of the existing
15 ton air conditioning unit and roof top compressor, due to failures beyond repair. This
unit is approximately 30 years old, with an anticipated life span of 20 years per the
manufacturer. The failure of this air conditioning system now risks damaging
approximately 30 computer servers with 10 of those servers deemed critical, for the city
staff's ability to provide services and maintain daily functionality. Facilities Maintenance
staff received and evaluated quotes from two vendors and chose Carrier Corporation,
as the contractor to do perform replacement. Carrier Corporation will be responsible for
the removal and proper disposal of the existing air conditioner, air handler unit and roof
top condenser. They will then install a new 16 ton air conditioning unit in the amount of
$62,310.00, pursuant to its proposal dated February 27, 2017, to preserve the public's
health, safety, and welfare. This proposal was provided in compliance with the
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws'). Section
7.04.040 (4) requires that a written report of the circumstances for emergency
purchases in excess of $25,000 be made to the Council at the next regularly scheduled
meeting after the emergency procurement is made.
RECOMMENDATION:
Receive and File.
STAFF ANALYSIS:
R'EM NO. "C ,
City Council Staff Report
July 5, 2017 -- Page 2
Emergency Replacement of Server Room HVAC
In February of 2017, the monitoring system in the City of Palm Springs, Information
Technology's Server Room, located inside City Hall began to send notification warnings
that the room temperature had exceeded the threshold limit for the computers and other
electronic equipment in that space. At that time a repair was performed by Carrier
Commercial Services, in an attempt to replace the motors, controllers and related
equipment that was still available on the market, from the original manufacturer who has
since gone out of business. At this time, the contractor did explain that this repair was a
short term fix and due to the age of the equipment, lack of replacement parts and
electrical component failures, as complete replacement of the air handler unit and
condenser and all related components would be required in the near future.
Since that repair we have experienced additional component failures, with overheating
compressors, failing contactors and other air conditioning related issues. In late May
2017, the main components lost power and failed to restart. In response the Facilities
Maintenance staff purchased and installed 4 portable air conditioning units to maintain
the temperature in that space until the replacement can be completed.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Therefore, in accordance with Section 15301(c), staff
determined that replacement of the City Hall Server Room air conditioning system was
considered categorically exempt from CEQA.
FISCAL IMPACT:
Funds for this emergency replacement are available from the Maintenance & Facilities
Contractual Services Fund in account 520-71-43200.
Staci A. Schafer, Marcus L. Fuller,
Director of Maintenance & Facilities City Engineer/Assistant City Manager
2 02
City Council Staff Report
July 5, 2017 -- Page 3
Emergency Replacement of Server Room HVAC
David H. Ready,
City Manager
Attachments:
1. Quote from vendors.
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Carrier Corporation
License#499642
2478 Peck Road
City of Industry,CA 90601
Luis C Soto
90
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l� Fax:860.755.1647
June 15, 2017 Proposal LS2017-0128A
City of Palm Springs
Mitch Taylor
425 North Civic Drive
Palm Springs, CA 92262
RE: Computer Room Unit Replacement
Location: City Hall—Computer Room
Dear Mitch,
Carrier Corporation is pleased to provide you with this proposal for the replacement of the
existing Pomona Air Computer Room Unit. As we have discussed, the existing unit is beyond
the normal operating life-cycle of a typical computer room unit. Additionally, the manufacturer
of this unit is no longer in business and therefore we have selected a DATA AIRE unit for
replacement. Please review the scope of work and quotation below to ensure that it meets your
specifications.
Scope of Work•
➢ Coordinate work with customer
➢ Check in with customer upon arrival
➢ Secure system mechanically and electrically
➢ Recover all refrigerants as required
➢ Remove existing remote condenser and indoor evaporator sections
➢ Furnish and install one(1) 15-ton air cooled DATA AIRE unit on the existing
equipment pads(Remote condenser on roof, evaporator in the computer room)
➢ Connect new equipment to existing piping is possible
➢ Leak check system to ensure integrity of piping
➢ Refill system with refrigerant as required
➢ The new unit uses 410-A which is a more environmentally friendly refrigerant
➢ Reconnect existing electrical and controls
➢ Provide all rigging as required
➢ Start-up and test system for proper operation
➢ Note: if any additional repairs are required they will be quoted separately and
your approval will be required prior to performing additional repairs
➢ Run system under load conditions and ensure proper operation
Exclusions:
Overtime labor,temporary cooling, piping upgrades if required, controls, electrical upgrades if
required, any required modifications to existing equipment pad if required, any trouble-shooting
and repairs on additional equipment, or anAdIndu
above ro
Total Price to perform this work:........ .. .. .......$58,450.00 tax includedff9PII JJune 15, 2017 Carrie Page 1 of 4
2478 Peck Roa90601
4801
turn to the experts �/
Option
The standard lead time for them unit is 8 — 10 weeks. The unit build can be expedited to 3 weeks
for an additional fee of.........................................................$3,860.00 tax included
Pricing:
Carver agrees to fully comply with all applicable federal and state labor laws including, without
limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations,Title 8, Section 16000, et seq. ('Prevailing Wage Laws"). Carrier shall
bear all risks of payment or non-payment of prevailing wages under California law, and Carrier
hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents
and volunteers, free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
Carrier's total price to provide and install all materials and services outlined in this proposal
based on Straight time labor—including all taxes, labor, standard freight, disposal of non-
hazardQps material. Pricing is valid for 30 days from date at top of proposal.
Once you have approved this proposal, please forward your purchase order so we can schedule
the work. If you have any questions or concerns regarding the informaiton in this proposal
please give me a call at 619-371-1690. We look forward to working with you on this project.
Sincerely,
Carrier Corporation
Luis C Soto
Sr. Account Executive
ENVIRONMENTAL,HEALTH AND SAFETY
CARRIER is committed to conducting its operations in compliance with all environmental regulations and to providing a safe and
healthful workplace for all of its employees. Our environmental, health and safety goals include preventing incidents that harts the
environment, accidental injury to our employees and visitors, and/or exposure to harmful chemical or physical agents. Our goals
also include the elimination of accidents that cause property loss, environmental damage, or result in the interruption to our
business. To achieve these goals, environmental and safety rules and procedures will be enforced equally with production, quality,
cost and ethical standards. Our objective is to provide quality products and services while actively conserving our human and
natural resources. CARRIER firmly believes that all accidents and undesirable environmental incidents are preventable.
Furthermore, every job can, and will, be done safely and in an environmentally-sound manner. Realization of these goals and
objectives will demand maximum effort from every employee.
CARRIERS EH&S GOALS:
A. Create and maintain "Safety Awareness". Safety is everyone's responsibility, therefore make safety an integral part of every
service job.
B. Strive to maintain a hazard-free work environment by requiring everyone to provide special attention to the equipment,
processes and procedures utilized in the performance of our work.
C. Provide for the safeguarding of our employees while improving the effectiveness of our quality assurance and customer
satisfaction programs.
D. Ensure compliance with applicable standards, regulations and codes established by local, state and federal agencies
(re:OSHA).
E. Utilize safety and health training, positive reinforcement techniques, identification, evaluation and correction of hazards and CC
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June 15, 2017 Carrier Corporation Page 2 of 4
2478 Peck Road,City of Industry CA.90601
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unsafe work procedures and performance to achieve regulatory compliance.
F. Significant reduction in lost-time injuries, reportable accidents with the long range goal of no lost-time injuries and no
recordable accidents.
G. Active participation by all CARRIER employees in applicable aspects of the safety program.
H. Provide CARRIER service operations with effective training based on both OSHA and CARRIER Safety Standards in the
recognition,evaluation and control of hazards and dangerous work procedures and performances.
I. Establish safety kits to provide proper personal protective equipment for the assigned tasks.
1 Establishment of procedures for natural disasters,fire and emergency situations, including safe locations, exit routes,methods
for accounting for employees in natural disasters.
K. Achieve and ensure the implementation of the safety program with the performance of safety,health and record-keeping audits
by representatives of CARRIER's Safety Committee, and if necessary, enforcement through an accepted,written, adequately
communicated disciplinary program.
L. Baseline'plot of equipment under current standard conditions.
Carrier Terms and Conditions
1. PAYMENT AND TAXES-Payment shall be made net 30 days from dare of invoice.Carrier reserves the right to require cash payment or other
alternative method of payment prior to shipment or completion of work if Carver determines, in its sole discretion, that Customer or Customers
assignee's Financial condition at any time does notjustify continuance of the net 30 days payment term. In addition to the price,the Customer shall also
pay Canner any taxes or government charges arising from this Agreement.
2. EXTRAS- Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written
authorization and paid for as an extra and subject to the terms of this Agreement.
3.RETURNS-No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special
order and non-stock items cannot be returned.
4.SHIPMENT-AlI shipments shall be F.O.B.shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate.
Carrier does not guarantee a particular date for shipment or delivery.
5.PARTIAL SHIPMENT-Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer for such
partial shipment.
6.DELAYS—In the event Carrier is delayed in manufacturing,shipping or delivery by causes beyond the control and without the fault or negligence of
Carver,including but not restricted to acts of God,acts of a public enemy, acts of government,acts of terrorism, fires, floods,epidemics,quarantine
restrictions,freight embargoes,supplier delays,strikes,or labor difficulties,Carrier agrees to notify Customer in writing as soon as practicable of the
causes of such delay and Carrier shall further be entitled to an extension of the time equivalent to the duration of any such delay and a reasonable time
in which to recover from said delay to resume production.
7.WARRANTY-Carrier warrants that all equipment manufactured by Carrier Corporation and all Cartier equipment;parts or components supplied
hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace,F.O.B.point of sale,any equipment,part
or component sold by Carrier and determined to be defective within one(1)year from the date of initial operation or eighteen(18)months from date of
shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any
available manufacturer's warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a
workmanlike manner. In the event any such service is determined to be defective within ninety(90)days of completion of that service,Carver shall at
its option re-perform or issue a credit for such service, Carrier's obligation to repair or replace any defective equipment,parts or components during
the warranty period shall be Customer's exclusive remedy. Carver shall not be responsible for labor charges for removal or reinstallation of defective
equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss, or for repairs or replacement of such
equipment,pars or components,required as a consequence of faulty installation,misapplication,vandalism,abuse,exposure to chemicals,improper
servicing, unauthorized alteration or improper operation by persons other than Carver. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER
WARRANTIES EXPRESS,IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
8.WORIQNG HOURS—All services performed under this Agreement including major repairs,are to be provided during Carrier's normal working
hours unless otherwise agreed.
9.ADDITIONAL SERVICE-Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt
of Customer's written authorization and invoiced at Carrier's prevailing labor rates and parts charges Additional services or parts shall be supplied
under the terms of this Agreement.
10.CUSTOMER RESPONSIBILITIES(Service Contracts only)—Customer shall:
• Provide safe and reasonable equipment access and a safe work environment.
• Permit access to Customer's site, and use of building services including but not limited to water, elevators, receiving dock facilities,
electrical service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material,move any stock,fixtures,walls or partitions that may be necessary to perform
the specified service.
• Promptly notify Carrier of any unusual operating conditions.
• Upon agreement of a timely mutual schedule,allow Carrier to stop and start equipment necessary to perform service.
• Provide adequate water treatment.
• Provide the daily routine equipment operation(if not part of this Agreement)including availability of routine equipment log readings.
• Where Carrier's remote monitoring service is provided,provide and maintain a telephone line with long distance direct dial and answer
capability.
• Operate the equipment properly and in accordance with instructions.
• Promptly address any issues that arise related to mold,fungi,mildew or bacteria.
• Identify and label any asbestos containing material that may be present. The customer will provide,in writing,prior to the start of a job,a
signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than
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June 15, 2017 Carrier Corporation Page 3 of 4
2478 Peck Road,City of Industry CA.90601
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turn to the experts
1981. Should this document state that no asbestos is present,the customer will also provide in writing the method used to determine the
absence of asbestos.
11. EXCLUSIONS—Cartier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work,
casings, cabinets, frxtums, structural supports, grillage, water piping, steam piping, drain piping,cooling lower fill, boiler tubes,boiler refractory,
disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others,
unscheduled calls or emergency calls,any of which may be necessitated by negligent operation,abuse,misuse,prior improper maintenance,vandalism,
obsolescence, building system design, damage due to freezing weather, chemicaUelectrochemical attack, corrosion, erosion, deterioration due to
unusual wear and tear,any damage related to the presence of mold,fungi,mildew,or bacteria,damage caused by power reductions or failures or any
other cause beyond Carrier's control.Cartier shall not be required to perform tests,install any items of equipment or make modifications that may be
recommended or directed by insurance companies,government,sure,municipal or other authority. However,in the event any such recommendations
occur,Carrier,at its option,may submit a proposal for Customer's consideration in addition to this Agreement. Carrier shall not be required to repair or
replace equipment that has not been properly maintained.
12. EQUIPMENT CONDITION&RECOMMENDED SERVICE(Service Contracts only)—Upon the initial scheduled operating andfor initial
annual stop inspection,should Carrier determine the need for repairs or replacement,Carrier will provide Customer in writing an`equipment condition'
report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends
certain services(fiat are not included herein or upon initial inspection)and if Customer does not elect to have such services properly performed in a
timely fashion,Carrier shall not be responsible for any equipment or control failures,operability or any long-term damage that may result. Carrier at its
option will either continue to maintain equipment and'or controls to the best of its ability,without any responsibility,or remove such equipment from
this Agreement,adjusting the price accordingly.
13.PROPRIETARY RIGHTS(Service Contracts only)-During the term of this Agreement and in combination with certain services,Cartier may
elect to install, attach to Customer equipment, or provide portable devices (hardware ambor software) that shall remain the personal proprietary
property of Carrier. No devices installed,attached to real property or portable devices)shall become a fixture of the Customer locations. Customer
shall not acquire any interest,title or equity in any hardware,software,processes,and other intellectual or proprietary rights to devices that are used in
connection with providing service on Customer equipment.
14.LIMITATION OF LIABILITY-Under no circumstances shall Carrier be liable for any incidental,special or consequential damages,including
loss of revenue,loss of use of equipment or facilities,or economic damages based on strict liability or negligence.Carrier shall be Gable for damage to
property, other than equipment provided under this Agreement, and to persons, to die extent that Carrier's negligent acts or omissions directly
contributed to such injury or property damage. Carrier's maximum liability for my reason(except for personal injuries)shall consist of the refunding
of all moneys paid by Customer to Carrier under this Agreement.
15.CANCELLATION-Customer may cancel this Agreement only with Carrier's prior written consent,and upon payment of reasonable cancellation
charges.Such charges shall take into account costs and expenses incurred,and purchases or contract commitments made by Carrier and all other losses
due to the cancellation including a reasonable profit.
16. CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE —Customer shall have the right to terminate this Agreement for
Carrier's non-performance provided Carrier fails to cure such non-performance within 30 days after having been given prior written notice of the non.
performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and
remove any Carver personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal property.
Additionally,Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reasonable
profit.
17. CARRIER TERMINATION—Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if
alterations,additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and
Carrier.
18. CLAIMS-Any suits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, and strict
liability or otherwise,shall be brought within one(1)year from the dale the claim arose.
19. GOVERNMENT PROCUREMENTS- The components, equipment and services provided by Carrier are "commercial items" as defined in
Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Carrier's
commercial pricing policies and practices(which do not consider any special requirements of U.S.Government cost principles, FAR Part 31,or any
similar proc:uremen[regulations).As such,Carrier will not agree to provide
or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no federal government
procurement regulations,such as FARs or DFARs,shall apply to this Agreement except those regulations expressly accepted in writing by Carrier.
20. HAZARDOUS MATERIALS- Carver is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos,
products or materials containing asbestos,similar hazardous substances,or mold,fungi,mildew,or bacteria. If Carrier encounters any asbestos or other
hazardous material while performing this Agreement,Carrier may suspend its work and remove its employees from the project,until such material and
any hazards associated with it are abated. The time for Carrier's performance shall be extended accordingly,and Cartier shall be compensated for the
delay.
21. WASTE DISPOSAL -Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material
generated during the term of this Agreement.
22. SUPERSEDURE,ASSIGNMENT and MODIFICATION-This Agreement contains the complete and exclusive statement of the agreement
between the parties and supersedes all previous or contemporaneous,oral or written, statements. Customer may assign this Agreement only with
Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties.
23. CUSTOMER CONSENT-Customer consents and agrees that Carrier may,from time to time,publicize Carrier related projects with
Customer,including the value of such projects,in all forms and media for advertising,trade,and any other lawful purposes.
24. FOR WORK BEING PERFORMEND IN CALIFORNIA: Contractors are required by law w be licensed and regulated by the Contractors'
State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omissions filed within
four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10
years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,Contractors' State License Board,
P,O.Box 26000,Sacramento,California 95826.
Equipment and/or Service
CCS-TCES 04091l
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June 15, 2017 Carrier Corporation Page 4 of 4
2478 Peck Road,City of Industry CA. 90601
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LIESERT
CONDITSONING, INC
Srrvirig t5e Coackef7¢Yatrey Stince+954
590 WILLIAMS RD PALM SPRINGS, CA 92264
(760) 323-3383 - FAX(760)323-8983
www.desertairps.com
LICENSE NO. 276586
June 15,2017 revised
City of Palm Springs Computer Room
Attn: Mitch
RE: Computer Room Air Conditioning unit
PROPOSED COMPUTER ROOM AIR CONDITIONING UNIT REPLACEMENT
Work to include:
• Removal and disposal of existing 15 ton computer room indoor unit and outdoor condenser
• Installation of new indoor unit in existing location
• Installation of new rooftop condenser in existing location
• Connecting new units to existing refrigerant lines
• Connecting new units to existing electrical circuit
• Connection new units to existing condensate drain line
• Start up and check out
Data Aire model#OAAD-05632 sixteen-ton computer room air conditioning unit
Data Aire model#DARC-17632 condensing unit
Installed price$59,458.00
One year labor warranty with an 18 month parts warranty.
Payment schedule: 10%upon ordering unit, remainder in full upon completion
Prevailing Wages. Desert Air Conditioning, Inc.agrees to fully comply with all applicable federal and state labor laws
including,without limitation California Labor Code Section 1720,at seq.,and 1770,et seq., as well as California Code
of Regulations,Title 8,Section 16000,et seq. ('Prevailing Wage Laws").Desert Air Conditioning,Inc.shall bear all
risks of payment or non-payment of prevailing wages under California law,and Desert Air Conditioning,Inc. hereby
agrees to defend,indemnify,and hold the City,its officials,officers,employees,agents and volunteers,free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Note: We originally walked this job w' I would like to see it again if you choose to go forward
with this project.The 16 to ondenser is 4 feet longer the existing.We will need to see if it will fit in the
parapet. The standard lea 'me for the unit is 8-10 weeks.
Sincerely,
'7add Slaeu
Customer acceptance
Acceptance date
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