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HomeMy WebLinkAboutC34520 - Palm Springs Art Museum - Replacement of Three Chiller Compressor UnitsContract No. C34520 CITY OF PALM DESERT CITY MANAGERS OFFICE CITY COUNCIL STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL TO REPLACE THREE CHILLER (HVAC) COMPRESSOR UNITS FOR THE PALM SPRINGS ART MUSEUM IN PALM DESERT LOCATED AT 72567 HWY 111. SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: June 18, 2015 CONTENTS: Proposal from Pacific West Industries Recommendation By Minute Motion: 1. Authorize staff to open a Purchase Order in the amount of $30,000 with Pacific West Industries for emergency work to be completed at 72567 HWY 111, and; 2. Appropriate $30,000 from unobligated building maintenance funds (Fund 450) to account number 450-4164-4400100 for this work. Discussion Staff was contacted on Friday, June 5 and informed that the air conditioning system at the Palm Springs Art Museum in Palm Desert had not been working properly. The system, which was installed on this city -owned facility, is a very non-traditional installation for our desert environment. The contractor most familiar with maintaining the system is Pacific West Industries (Anaheim, CA). Pacific West Industries (PWI) inspected the system and indicated that one of the three compressors in the chilling system is defective and is placing an inordinate amount of burden on the remaining two compressors. The three compressors work in series to provide cooling for the building, and when one fails the others are easily compromised, which will force the AC system to shut down. PWI's recommendation is to replace all three compressors due to the age of the system (approximately 10 years old). After reviewing options, staff believes this is the correct course of action. The repairs are being proposed in the night hours to keep the building as cool as possible during the retrofit. PSAM representatives are concerned about the condition of their artwork if temperatures rise significantly, but are supportive of the nighttime repair schedule. As we are in the summer season, PSAM and City Staff are considering this emergency work to keep the building cool through the summer months. Staff Report PSAM Chiller Compressors June 18, 2015 Page 2 of 2 Fiscal Analysis Contract No. C34520 The lease agreement between the Palm Springs Art Museum in Palm Desert and the City states that repairs are paid by the City. The $28,000 proposal from Pacific West Industries would complete the repairs; however, staff is requesting authorization of $30,000 to cover any ancillary issues that may arise in the field. Prepared By: -- T Ryan Stendell Senior Management Analyst hn M. Wohlmuth, City Manager Reviewed and Concur: Paul S. Gibson, Director of Finance �> Vilest Industries Air Conditioning • Service • Building Automation To: Palm Springs Art Museum — Palm Desert Date: 101 Museum Drive Palm Springs, CA 92263 Number: Payment Terms: Reference: Palm Desert Museum - Chiller Contracti.No. C34520 Pacific West Industries, Inc. 4085 E. La Palma Ave. Unit B Anaheim, CA 92807 Tel 866.328.2129 Fax 714.630.4049 6/4/2015 518PSQK15 Net 30 Days During a recent inspection at the referenced location it was determined that compressor #3 had an internal mechanical failure and requires replacement. Pacific West Industries, Inc. proposes to replace all 3compressors for the chiller. Below is a scope of work that is included. 1 Shut down and lock out electrical to the chiller 2 Recover refrigerant from each circuit 3 Remove and haul away old compressors 4 Crane new compressor skid onto roof and pipe into each circuit 5 Install new filter driers, contactors and protector modules for each circuit 6 Pull vaccuum and test for any leaks 7 Charge with new refrigerant 8 Startup each compressor and test Total Price (Labor, Materials and Sales Tax).............................................................$28,000.00 Exclusions: Any labor and/or material not detailed above, existing ducting, existing dampers, existing valves, existing wiring, ACCEPTANCE This proposal is subject to acceptance within 30 days from date of issuance. Pacific West Industries thanks you for the opportunity to be of service. If you should have any questions, please feel free to call on me. My phone number is (714) 322-0691 (Cell) Respectfully submitted, Kevin Marquardt ACCEPTANCE: Please sign and return one copy. Print DA Terms and conditions are part hereof Page 1 of 2 Contract No. C34520 PACIFIC WEST INDUSTRIES, INC (PWI) TERMS AND CONDITIONS I. PAYMENT AND TAXES -- Payment shall be made net 30 days from date of invoice. In addition to the AGREEMENT price, the CUSTOMER shall pay PWi any applicable taxes or government charges, which may be required in connection with the service or material furnished under this AGREEMENT. 2. WORKING HOURS — All services performed under this AGREEMENT including major repairs, are to be provided during PWI's normal working hours (7am-5pm, M-F) unless otherwise provided. Services requested by CUSTOMER, which are not covered under this AGREEMENT. will be invoiced at PWI's current prevailing labor and parts charges. 3. EXCLUSIONS - PWI 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, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, or any other cause beyond PWI's control. PWi is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, or products or materials containing asbestos or similar hazardous substances. In the event that PWI encounters any asbestos product or any hazardous material in the course of performing its work, PWi may suspend its work and remove its employees from the project, until such product or material, and any hazards connected with it are abated. PWi shall receive an extension of time to complete its work and compensation for delays encountered as a result of such situation and its correction. PWI 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, state, municipal or other authority. However, in the event any such recommendations occur, PWi, at its option, may submit a proposal for CUSTOMER's consideration in addition to this AGREEMENT. PWI shall not be required to repair or replace equipment that has not been properly maintained 4. WARRANTY — PWI warrants that all service provided under this AGREEMENT shall be performed in a workmanlike manner. Any claim for defective workmanship must be provided to PWI by written notice prior to the termination date of this AGREEMENT. PWI also warrants all PWI parts or components supplied hereunder to be free from defects in material and workmanship. PWI shall at its option, repair, replace or issue credit for any such items determined to be detective within one year from date of installation or until the termination date of this Agreement, whichever is earlier. If any part(s) or component(s) should prove defective during the specified warranty period, or in the case of service, within 90 days of completion of that service, PWI will at its option repair, replace or issue credit for any such items provided they were not damaged. abused, or affected by chemical properties. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PWI's obligation to repair, replace, perform a service, or issue credit for any defective part(s), component(s) or service shall be CUSTOMER's exclusive remedy. If the CUSTOMER requests parts or services not included in this AGREEMENT, CUSTOMER agrees that all requested part(s), component(s) or services supplied by PNV1 will be accepted subject to the PWI Conditions of Sale issued with each order. 5. PROPRIETARY RIGHTS — During the term of this AGREEMENT and in combination with certain services, PWI may elect to install, attach to CUSTOMER equipment, or provide portable device(s) (hardware and/or software) that shall remain the personal proprietary property of PW I No device(s) installed, attached to real property or portable device(s) shall become a fixture of the CUSTOMER location(s). CUSTOMER shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual and proprietary rights to device(s) that are used in connection with providing service on CUSTOMER equipment. 6. DELAYS — Delays caused by conditions beyond the reasonable control of either party shall not be the liability of either party to this AGREEMENT. 7. EQUIPMENT CONDITION & RECOMMENDED SERVICE — Upon the initial scheduled operating and/or initial inspection, should PWI determine the need for repairs or replacement, PWI 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 PWI recommends certain service(s) (that are not included herein or upon initial inspection) and if'CUSTOMER does not elect to have such service(s) properly performed in a timely fashion, PWI shall not be responsible for any equipment or control failure(s), operability or any long-term damage that may be the result. PWI 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. 8. CUSTOMER TERMINATION — CUSTOMER shall have the right to terminate the AGREEMENT for PWI's non-performance provided PWI fails to cure such non-performance within a reasonable time after having been given 30 days prior written notice of the non-performance. Upon any termination. early termination or expiration of this AGREEMENT, PWI shall have free access to enter CUSTOMER location(s) to disconnect and remove any PWI personal proprietary property or device(s) as well as remove any and all PWI-owned parts, tools and personal property. Additionally, customer agrees to pay PWI for all incurred but un-amortized service costs performed by PWI including overheads and a reasonable profit. 9. PWI TERMINATION PWI reserves the right to discontinue its service any time if payments have not been made as agreed or if alterations. additions or repairs are made to equipment herein by others without prior agreement between CUS 1'OMIiR and PWI. 10. LIMITATION OF LIABILITY — Under no circumstances shall PWI be held 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. PWI shall be liable for injury to property, other than equipment provided under this AGREEMENT, and to persons, to the extent that PWI's negligent acts or omissions directly contributed to such injure. PWI's maximum liability for any reason (except for personal injuries) shall consist of' the refunding of all moneys paid by Customer to PWI under this agreement, subject to right of removal and return ofequipment to PWI. 11. WASTE DISPOSAL — Unless expressly provided for in this AGREEMENT PWI shall not have any obligation to dispose of waste oil, waste water, refrigerants or any other substances associated with CUSTOMER's facility, nor will any advice, guidance or other action taken by PWI on behalf of CUSTOMiR be deemed to cause PWI to be considered as the waste disposer or generator. Under no circumstances shall PWI he responsible for the disposal of any hazardous substances. 12. CLAIMS — Both parties agree that any suits arising from the performance or non-performance of this AGREEMENT, whether based upon contract, negligence, and strict liability or otherwise, shall be brought within one ( i ) year from the date the suit arose Page 2 of 2