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HomeMy WebLinkAboutResolutions - 2016.05.05 - 22334MISCELLANEOUS RESOLUTION #16112 May 5, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS — NORTH OAKLAND HEALTH CENTER CHILLER REPLACEMENT PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Facilities Management is responsible for the ongoing operation of North Oakland Health Center and to provide a comfortable working environment for employees and visitors; and WHEREAS the current chiller system which cools the North Oakland Health Center's offices and public areas is 17 years old; and WHEREAS one of the chiller units failed upon equipment commissioning this spring; and WHEREAS the failed unit will adversely affect day to day operations if outdoor temperatures exceed 80 degrees; and WHEREAS a request to issue an emergency 116-ton chiller purchase was submitted to and approved by the Budget Task Force and Purchasing on April 15th; and WHEREAS an annual, competitively selected contractor, Johnson Controls, is able to secure a new chiller in a timely manner (see attached); and WHEREAS the chiller cost will be $44,044, installation costs will not exceed $6,000, and a 15% contingency brings the total project cost to $57,550; and WHEREAS the FY 2016 through FY 2025 Capital Improvement Program (CIP) allocated funding for HVAC Chiller replacements with amounts allocated for the North Oakland Health Center scheduled in FY 2018; and WHEREAS the replacement for this particular unit is required sooner due to equipment failure; and WHEREAS funding in the amount of $57,550 for the North Oakland Health Center Chiller Replacement Project is available for transfer from the FY2016-2025 Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the North Oakland Health Center Chiller Replacement Project in the amount of $57,550. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the transfer of funding from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the North Oakland Health Center Chiller Replacement Project (#100000002376) as detailed below. BUILDING IMPROVEMENT FUND (#40100) 1040101-148020-788001-40400Transfer Out PROJECT WORK ORDER FUND (#40400) Project ID 100000002376, Activity PROJ 1040101-148020-695500-40100Transfer In ($57,550) $57,550 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. PROPOSAL Johnson Controls Johnson Controls, Inc. Building Efficiency 6111 Sterling Drive North Sterling Heights, MI 48316 Date 04/15/2016 Oaldand County Maintenance Operations Attn: Mr. Kurt Taylor — Facilities Director #1 Public Works Drive Waterford, Michigan 48328 Project: North Oakland Medical Chiller The following proposal is to provide one (1) new YORK chiller (options listed below) to replace the existing Carrier that has a crack evaporator barrel and is non-operational. Please see the following picture for the existing non-operational chiller. JCI proposes to provide a new YORK Chiller with the following options: • Model number iitYLAA0125HE 1 135125 36484 36484 • Net Cooling Capacity 116 tons • R-410A Refrigerant (Fully Charged) • Voltage Code - (460/3/60) • SP Supply TB 1 • No Control Transformer • High Ambient and Low Ambient Kit • BAS Reset/Offset required 3 kir Johnson rw40 Controls PROPOSAL Mir?. Johnson Controls, inc. Building Efficiency 6111 Sterling Drive North Sterling Heights, MI 48316 • cUL/cETL Listing Electronic Expansion Valves • Flow Switch with Extension Kit • ASME Pressure Vessel & Associated Codes • No Heat Recovery • Hail Guard (Louvered Panel at Unit Rear) • No Sound Kit • Low Sound Fans • Neoprene Isolators • No Pump Kit 2 Warranty • Warranty (Months are from date of shipment/Years are from date of start up, whichever expires first.) • Unit Parts Warranty: 18 months (1 Year) • Compressor Warranty; None (Parts Only) • Refrigerant Warranty: 18 months (1 Year) Base Proposal price for above scope of work is $44,044.00 Clarifications and exclusions: • Current manufacture lead time from factory is 7 weeks. ICI is working to expedite this order to obtain new chiller as quickly as possible • Proposal includes delivery to job site • Proposal is to provide new chiller only. • Proposal does not include asbestos or removal if necessary • Insulation is not currently included under this proposal • Cutting, coring, painting, patching, cement work, etc. of any kind is not included in this proposal. • Proposal covers only items specifically identified above. If you should have any further questions, please call Michael Konczak (810)614-5657 (IMPORTANT: This proposal incorporates by reference the terms and conditions on the reverse side hereof.) 4 PROPO SAL Johnson Fiff4C0 Controls Johnson Controls, Inc, Building Efficiency 6111 Sterling Drive North Sterling Heights, MI 48316 This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work; subject, however, to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. Purchaser - Company Name This proposal is valid until: June 1 si 2016 JOHNSON CONTROLS, INC. Signature Signature Name: Name: Title: Title: Account Executive Service Date: 5 PROPOSAL Johnson v./4p' Controls 111YORK Johnson Controls, Inc, Building Efficiency 6111 Sterling Drive North Sterling 1-bights, MI 48316 Terms and Conditions By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions: 1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching, and painting are excluded. "In-line duct and piping devices, including, but not limited to valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required herelnunder to be furnished by Johnson, shall be distributed and installed others under Johnson's supervision but at no additional cost to Johnson. Purchaser agrees to provide Johnson with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. Johnson agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not backcharge Johnson for any costs or expenses without Johnson's written consent Unless specifically noted In the statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the Identification, abatement, clean up, control, removal, or disposal, of environmental Hazards, or dangerous substances, to include but not limited to asbestos, or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's express written consent. 2. INVOICE AND PAYMENTS, Johnson may Invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10% of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereinunder and purchaser agrees to pay Johnson additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If Johnson's invoice Is not paid within 30 days of its issuance, it is delinquent. 3. MATERIALS. If the materials or equipment included In this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shalt be extended to the extent thereof, and In the case of permanent unavailability. Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost ofa reasonably available substitute therefor. 4. WARRANTY. Johnson warrants that the equipment manufacturer by It shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson, for a period of one (1) year from installation. Johnson warrants that for equipment furnished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson receives from the manufacturer of said equipment. For equipment Installed by Johnson, if Purchaser provides written notice to Johnson of any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall, at its option, repair or replace the defective equipment and return said equipment to purchaser. All transportation charges Incurred in connection with the warranty or equipment not installed by Johnson shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILJTY AND FITNESS FOR A SPECIFIC PURPOSE. 5. LIABILITY. Johnson shall not be liable for any special, indirect, or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement, 6. TAXES. The price of this proposal does not include duties, sales, use, excise, or other taxes, unless required by federal, state, or local taw. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively, shall provide Johnson with acceptable tax exemption certificates. Johnson shall provide purchaser with any tax payment certificate upon request and after completion and acceptance of the work. 7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance beyond Johnson's control, including but not limited to; acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of Johnson, etc, 8. COMPLIANCE WITH LAWS. Johnson shaft comply with all applicable federal, state, and local laws and regulations, and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits a permanent nature shall be procured and paid for by the Purchaser. 9, DISPUTES. All disputes involving more than $15,000.00 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 10. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required. No credit will be given or premium paid by Johnson for insurance afforded by others. 11. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorneys' fees which may arise in connection with the execution of the work herein specified and which are caused, in whole or In part, by the negligent act or omission of the indemnifying Party. 12, OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of the Occupational Safety and Health Act relating in any way to the project or project site. 13. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings, 14. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson in writing. 15, PAYMENT TERMS. All services to be paid 50% upfront which will initiate mobilization of contract. Remainder to be paid upon completion of work, 6 Resolution #16112 May 5, 2016 Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Ja.1„4120 / 1 HERM APPROVE MIS MESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5, 2016, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 51h day of May, 2016. Lisa Brown, Oakland County