RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE WITH, AWARD A CONSTRUCTION CONTRACT TO, AND EXECUTE A CONSTRUCTION CONTRACT WITH, ACCO ENGINEERED SYSTEMS, INC., FOR THE POLICE HVAC CHILLER PROJECT (33FC20PW03) IN THE PROPOSAL AMOUNT OF $519,193.86; (2) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE CHANGE ORDERS AND CHARGES FOR PROJECT SERVICES UP TO $121,338.77 FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $640,532.63; (3) DETERMINING THAT THE EXCEPTIONS FOR PROCUREMENT VIA EXISTING CONTRACTS OF OTHER PUBLIC AGENCIES AND FOR SPECIALTY ITEMS IN NAPA MUNICIPAL CODE SECTIONS 2.91.060 AND 2.91.050 APPLY TO THE CONSTRUCTION CONTRACT; AND (4) OBLIGATING $300,000 OF CAPITAL IMPROVEMENT PROGRAM GENERAL FUND FACILITY FUNDS FOR THE POLICE HVAC CHILLER PROJECT (33FC20PW03); AND THEREBY (5) ADJUSTING THE CURRENT EXPENDITURE BUDGET OF THE CAPITAL IMPROVEMENT FUND BY $300,000 AS DOCUMENTED IN BUDGET ADJUSTMENT NO. 11P4; AND (6) DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINE 15301 WHEREAS, the City of Napa received a proposal from an authorized cooperative purchasing vendor for the procurement, removal, installation, and functional testing of the replacement cooling tower at the Police Department Building in the amount of $519,193.86; and WHEREAS, the construction budget consists of funding the total contract amount of $519,193.86 plus contingency, contract administration, construction management, inspection, and geotechnical testing (amounts are interchangeable) for a total amount of $640,532.63; and WHEREAS, the City seeks to negotiate and execute an agreement with ACCO Engineered Systems, Inc (“ACCO”) for the procurement, removal, installation, and functional testing of the replacement cooling tower at the Police Department Building work pursuant to the exceptions in Napa Municipal Code Section 2.91.050 for specialty items and Section 2.91.060 for procurements via existing contracts between the contractor and another public agency; and WHEREAS, under Napa Municipal Code (“NMC”) Section 2.91.060, the City may enter into a contract that is based on the terms of an existing contract between the contractor and another public agency without further complying with the requirements of NMC Chapter 2.91 provided that the City Council makes the written determinations set forth therein; and WHEREAS, Council action is needed for the addition of projects and budget adjustments to previously approved Capital Improvement Program (CIP) budgets; and WHEREAS, one CIP project is proposed for obligation of funds, 33FC20PW03 (Police HVAC Chiller) in the amount of $300,000 from the General Fund Facilities CIP Fund Balance (GL 30030310); and WHEREAS, the proposed budget adjustments will decrease the balance of the General Fund CIP Fund by $300,000; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301(d), which exempts the restoration or rehabilitation of deteriorated facilities.
The City Council hereby determines that the proposed agreement with ACCO using the pricing identified through the contract between Sourcewell and ACCO for the procurement, removal, installation, and functional testing of the replacement cooling tower satisfies the requirements of Napa Municipal Code Section 2.91.060 for procurements via existing contracts between the contractor and another government agency based on the following:
The City has an opportunity to enter into a proposed contract under terms materially the same as an existing contract between the contractor and another public agency.
The Gordian Group, under which ACCO Engineered Systems, Inc. systems is an authorized contractor has an existing competitively solicited cooperative contract (Contract Number #050421-GGI) with Sourcewell, a Minnesota local government agency, for construction management services. Through cooperative purchasing offered through the Sourcewell Agreement with, ACCO Engineered Systems, Inc. through the Gordian Group, the City will receive discounted pricing for the procurement, removal, installation, and functional testing of the replacement cooling tower.
The terms of the proposed contract between the contractor and the City are more beneficial to the City than the City would otherwise be able to obtain by complying with the relevant requirements set forth in this chapter.
The terms of the proposed contract between ACCO and the City are more beneficial to the City than the City would otherwise be able to obtain by complying with the relevant requirements set forth in NMC Chapter 2.91 given the significant discounted pricing offered through ACCO’s contract with Gordian via Sourcewell.
By entering into the proposed contract, the City will meet the purpose and goals identified in Subsection 2.91.010(D) of this chapter. This includes documentation that the process used by the other public agency to procure the existing contract is substantially equivalent to the process that would otherwise be required by the City for the proposed contract.
By entering into the proposed contract with ACCO, the City will meet the purpose and goals identified in NMC Section 2.91.010(D) because Sourcewell is a State of Minnesota local government agency and service cooperative and entered into the agreement with ACCO using a competitive public solicitation process that is substantially equivalent to the competitive process that would otherwise be required under NMC Chapter 2.91.
The contract between the contractor and the City complies with the requirements of Subsection 2.91.030(B) of this chapter.
Pursuant to NMC Section 2.91.030(B)(2), (a) the contract with ACCO will be approved as to form by the City Attorney, (b) as determined by the City Auditor, there are sufficient unencumbered funds to cover the cost of the contract, and (c) the City Council will authorize the Public Works Director to enter into the contract.
The City Council hereby authorizes the Public Works Director to award a construction contract to, and execute a construction contract with an authorized cooperative purchasing vendor, ACCO Engineered Systems, Inc. for the replacement of the cooling tower located at 1539 First St, in the amount of $519,193.86.
The City Council hereby approves the obligation of funds for one CIP project, 33FC20PW03 (Police HVAC Chiller Project) in the amount of $300,000 from the general Fund Facilities CIP Fund, as documented in Budget Adjustment No. 11P4, attached hereto as Exhibit “A” and incorporated herein by reference.
The City Council hereby approves adjusting the current expenditure budget of the Capital Improvement Fund by $300,000 as documented in Budget Adjustment No. 11P4.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 15th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Christopher J. Diaz
Interim City Attorney
R2024-__ Page 1 of 2 October 15, 2024
ATTACHMENT 1