Mayor and City Council

City Council Special Workshop and Special Legislative Meeting Virtual New Carrollton Municipal Center 6016 Princess Garden Parkway New Carrollton, MD 20784 Monday, March 31, 2025, 10:00 am Workshop Items for Discussion 1.​ Call to Order​ 2.​ Public Comments​ ​ ​ ​ ​ ​ ​ ​ 3 min each 3.​ Review HVAC Contract from Alliance Trade Services​ ​ ​ ​ 10 min 4.​ Public Comments ​ ​ ​ ​ ​ ​ ​ ​ 3 min each 5.​ Motion to Adjourn- Move into Legislative Meeting Legislative Meeting Agenda 1.​ Call to Order 2.​ Non-Consent Agenda a.​ Contract from Alliance Trade Services Motion: I move that the City Council of the City of New Carrollton approve the contract from Alliance Trade Services for the purpose of replacing the two (2) HVAC systems in the City Hall Multi-Purpose Room, in the amount of $77,900 to be taken from line item 01-1510-52100 Building Maintenance & Repair. 3.​ Motion to Adjourn _____________________________________________________________________________ PLEASE NOTE: This meeting of the City of New Carrollton Council will be a virtual meeting. This means that you can attend virtually by using the below information. Google Meet Link https://meet.google.com/dsd-brdv-thz Closed captioning will be available on Google Meet for all viewers. Telephone (US) +1 385-645-6756 1  PIN: 237 394 369# If you would like to submit comments in writing please email Kaitlyn Schisler, at clerk@newcarrolltonmd.gov by 8:00 am the day of the meeting. Comments are also welcome after any meeting. 2  Taller Especial del Ayuntamiento y Reunión Legislativa Especial Virtual Centro Municipal de New Carrollton 6016 Princess Garden Parkway New Carrollton, MD 20784 Lunes, 31 de marzo de 2025, 10:00 horas. Temas del taller para discusión 1.​ Llamar al orden​ 2.​ Comentarios públicos​ ​ ​ ​ ​ 3 minutos cada uno 3.​ Revise el contrato de HVAC de Alliance Trade Services​ ​ ​ 10 minutos 4.​ Comentarios públicos ​ ​ ​ ​ ​ ​ 3 minutos cada uno 5.​ Moción para aplazar la sesión: pasar a la reunión legislativa Agenda de la reunión legislativa 1.​ Llamar al orden 2.​ Agenda sin consentimiento a.​ Contrato de Alliance Trade Services Movimiento: Propongo que el Concejo Municipal de la Ciudad de New Carrollton apruebe el contrato de Alliance Trade Services con el fin de reemplazar los dos (2) sistemas HVAC en el Salón de Usos Múltiples del Ayuntamiento, por un monto de $77,900 que se tomará de la partida 01-1510-52100 Mantenimiento y reparación de edificios. 3.​ Moción para aplazar la sesión _____________________________________________________________________________ TENGA EN CUENTA: Esta reunión del Consejo de la ciudad de New Carrollton será una reunión virtual. Esto significa que puede asistir virtualmente utilizando la siguiente información. Enlace de reunión de Google https://meet.google.com/dsd-brdv-thz Los subtítulos estarán disponibles en Google Meet para todos los espectadores. Teléfono 1  (A NOSOTROS) +1 385-645-6756 PIN: 237 394 369# Si desea enviar comentarios por escrito, envíe un correo electrónico a Kaitlyn Schisler a clerk@newcarrolltonmd.gov antes de las 8:00 am del día de la reunión. Los comentarios también son bienvenidos después de cualquier reunión. 2  Atelier spécial du conseil municipal et réunion législative spéciale Virtuel Centre municipal de New Carrollton 6016 Princess Garden Pkwy New Carrollton, Maryland 20784 Lundi, 31 mars 2025, 10h00 Points de discussion de l'atelier 1.​ Appel à l'ordre​ 2.​ Commentaires publics​ ​ ​ ​ ​ ​ 3 minutes chacun 3.​ Examiner le contrat CVC d'Alliance Trade Services​ ​ ​ 10 minutes 4.​ Commentaires publics ​ ​ ​ ​ ​ ​ 3 minutes chacun 5.​ Motion d'ajournement - Passage à la réunion législative Ordre du jour de la réunion législative 1.​ Appel à l'ordre 2.​ Ordre du jour sans consentement a.​ Contrat d'Alliance Trade Services Mouvement: Je propose que le conseil municipal de la ville de New Carrollton approuve le contrat d'Alliance Trade Services dans le but de remplacer les deux (2) systèmes CVC de la salle polyvalente de l'hôtel de ville, au montant de 77 900 $, qui sera prélevé sur le poste 01-1510-52100, Entretien et réparation du bâtiment. 3.​ Motion d'ajournement ______________________________________________________________________________ _____________ VEUILLEZ NOTER : Cette réunion du conseil municipal de New Carrollton sera une réunion virtuelle. Cela signifie que vous pouvez y assister virtuellement en utilisant les informations ci-dessous. Lien Google Meet https://meet.google.com/dsd-brdv-thz 1  Le sous-titrage codé sera disponible sur Google Meet pour tous les téléspectateurs. Téléphone (NOUS) +1 385-645-6756 NIP : 237 394 369# Si vous souhaitez soumettre des commentaires par écrit, veuillez envoyer un courrier électronique à Kaitlyn Schisler, à clerk@newcarrolltonmd.gov avant 8h00 le jour de la réunion. Les commentaires sont également les bienvenus après toute réunion. 2  CONTRACT FOR HVAC REPLACEMENT This Contract Agreement ("Agreement") is entered into as of March 31, 2025, by and between: Alliance Trade Services, HVAC, Electrical, Plumbing & Stationary Engineering (MEP) Contractor. licensed in Maryland, Virginia & Washington, D.C. with a principal o ice located at 9701 Croom Road, Upper Marlboro, MD 20772 ("Contractor"), and The City of New Carrollton located at 6016 Princess Garden Parkway New Carrollton, MD 20784 ("City"), both of which are hereinafter referred to jointly as the (“Parties”) and sometimes individually as the (“Party”). RECITALS WHEREAS, the City requires the availability and services of Alliance Trade Service and WHEREAS, the City wishes to hire the Contractor to provide the Services, and the Contractor wishes to be hired by the City to provide the Services. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and su iciency of which is hereby acknowledged, and in consideration of the mutual benefits and promises herein made, the Contractor agrees to provide the enumerated Services on the terms as more fully described throughout this Contract, as follows: 1. INDEPENDENT CONTRACTOR AND SUBCONTRACTORS Independent Contractor The Parties to this Contract recognize and agree that: (i) the Contractor shall act as an independent Contractor to the City; (ii) this Contract does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the Parties; (iii) neither Party shall be entitled to participate in any of the other Party’s benefits, including without limitation, any health or retirement plans; (iv) the Contractor shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Contract; and (v) The City shall not be liable for any insurance, taxes, or withholding for or on behalf of the Contractor; all such insurance, taxes or withholding, and costs for same, shall be the sole responsibility of the Contractor. Subcontractors The Contractor acknowledges and agrees that if it is necessary to hire or subcontract with competent professional personnel to fulfill its obligations under this Contract, it shall do so at its own expense, and any subcontractor shall be subject to the terms of the Contract 2. SCOPE OF WORK The Contractor agrees to replace the two (2) HVAC systems in the City Hall Multi-Purpose Room at 6016 Princess Garden Parkway, New Carrollton, MD. 1. Conduct a thorough assessment of the current HVAC system and provide recommendations for replacement. 2. Provide a detailed timeline for project completion, including milestones, and deadlines. 3. Remove the existing unit from the roof of the building (Crane required). 4. The technician will isolate/tag out the electric service. 5. Recover and dispose of the refrigerant from the current units per EPA standards. 6. Isolate and disconnect the gas piping, control wiring, and ductwork from the units to make it safe during the replacements. 7. Design and install a new HVAC system that meets the heating and cooling requirements of our space. 8. Ensure the new system is energy-e icient and environmentally friendly. 9. Reinstall all electric, ductwork, controls, and gas piping to the new system. 10. Include a comprehensive maintenance plan for the new HVAC system. 11. Clean and remove all debris and checkout with onsite building engineer/ personnel. 3. DESCRIPTION OF SERVICES AND PRICING The services to be provided by the Contractor shall be performed as per the following detailed pricing table: Description of Work Cost Crane & Demo $3,690 Electrical & Fire Alarm Integration $13,000 (2) New TRANE HVAC Equipment (454 Refrigerant, Model# YSC120A4RMA3BD) $34,275 New HVAC Installation Cost + Overhead $26,935 Grand Total (Cost Not to Exceed) $77,900 4. COMPENSATION AND PAYMENTS A. For the Contractor’s availability and Services under and pursuant to this Contract, the City shall pay the Contractor compensation in an amount not to exceed Seventy-seven thousand nine hundred dollars and zero cents ($77,900.00) B. In the event the provision of the Services for which the Contractor has been hired is abandoned, curtailed or canceled by the City at any time, the following shall occur: (i) this Contract shall terminate in accordance with the provisions for Termination specified in this Contract; and (ii) the Contractor shall be paid for the Services provided to date of termination for which the Contractor has not otherwise been compensated to the time of such termination. 3. INVOICES, PAYMENT TERMS AND TAXES The Contractor hereby recognizes the City shall only pay original proper invoices issued in accordance with and subject to the following: A. Original invoices shall include at a minimum, the Contractor’s name, mailing address, telephone number, email address and fax number, and if applicable, corresponding purchase order number. B. The Contractor recognizes the City is exempt from sales and use taxes, and agrees; (i) to exclude such taxes from all forms of requests for payments issued to the City; and (ii) that the City shall not be liable or pay or reimburse the Contractor for any such taxes C. Invoice Plan 1. 50% down payment upon signing the contract ($38,950) 2. Remaining 50% upon completion of the project and satisfactory inspection by the City ($38,950) D. Payment Schedule 1. Down payment due within 7 days of signing the contract 2. Final payment due within 30 days of project completion 4. DURATION This Contract shall become e ective as of the date and year first above written and shall continue in force until six months thereafter unless extended mutually. 5. WARRANTY The Contractor shall provide a warranty for the installation of the new HVAC systems and related work, which covers defects in workmanship for 1 Year from the date of installation. Manufacturers’ warranties for the HVAC equipment shall also apply. 6. CHANGE ORDERS Any changes to the scope of work or additional services required should be documented in writing via a Change Order, and the Client agrees to pay for any additional costs incurred as a result of such changes. 7. INSURANCE AND LIABILITY The Contractor shall maintain such commercial general liability and broad form property damage insurance and Workers' Compensation Insurance as will protect the City from any and all Workers' Compensation claims and from any other claims for loss or damages or for general injury or damage to property which may arise from Contractor's operations under the contract, whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by either of them. Certificates of Insurance shall be on an occurrence's basis. The Contractor shall name the City as additional insured to the required insurance policy and will furnish a Certificate of Insurance or other acceptable evidence of insurance coverage to the City upon signing the contract. Comprehensive Liability Insurance: Limits of Coverage (Applies ONLY to Contractors performing services in and/or for the City; NOT for supply only Contracts ) Limits of coverage for commercial general liability and broad form property damages coverage are to be no less than One Million Dollars ($1,000,000.00) occurrence/One Million Dollars ($1,000,000.00) aggregate personal injury and death and Two Hundred Fifty Thousand Dollars ($250,000.00) property damage/ Five Hundred Thousand Dollars ($500,000.00) aggregate, where insurance aggregates apply. Workers' Compensation: Failure of the Contractor to maintain Worker's Compensation coverage for the duration of the contract will result in the City deducting from each payment made under this contract, to the Contractor, a pre-determined percentage to defray coverage costs of the City. The contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers' Compensation. 8. TERMINATION A. Notwithstanding the Termination Date specified in this Contract, this Contract may be terminated pursuant to the following: 1. By the City: (i) for the bankruptcy, dissolution, assignment for the benefit of creditors, or other similar action of the Contractor; (ii) for the breach of any material provision of this Contract by the Contractor, or any material representation, omission, or fraudulent conduct by the Contractor, provided the Contractor fails to cure such breach within fifteen (15) days’ notice of same; (iii) for the Contractor’s breach or violation of any antidiscrimination law, licensing regulation or requirement related to the Services or failure to timely pay any employee, subcontractor or supplier of the Contractor, provided the Contractor fails to cure such breach within fifteen (15) days’ notice of same; and (iv) for convenience, subsequent to giving the Contractor fifteen (15) days’ written notice of such termination. 2. By the City for its convenience; and 3. By Contractor: (i) with written consent of the City; and  4. For the material breach of or non-compliance with any of the provisions of this Contract, provided the breaching or non-complying Party fails to cure such breach or non-compliance within fifteen (15) days’ notice of same B. Upon the Termination Date or termination of this Contract for any other reason, the Contractor shall return to the City any City property, documents, and/or records in the Contractor’s possession. The Contractor shall retain all records related to any of the Services provided under this Contract for at least three (3) years following payment of the Contractor’s final undisputed proper invoice for Contract compensation. The Contractor shall make available to the City, State of Maryland and any and all appropriate federal agencies, upon request, all records and documents with respect to any and all matters under this Contract at any time during normal business hours, as often as the City or other applicable agency deems necessary, to audit, examine, and make copies, excerpts and/or transcripts of any and all relevant data. 9. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regards to conflicts of laws principles. The parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Prince George’s County, Maryland, in any action arising out of or relating to this Agreement and waive any other venue to which either party may be entitled by domicile or otherwise. 10. INDEMNIFICATION The Contractor will be required to indemnify, defend and hold the City harmless against any and all liability to any person or persons for or by any reason of any condition or malfunction of the materials used, and against any and all claims made or liability to any person or persons by reason of any act or omission or negligence of the Contractor or any of its agents, servants, or employees. This indemnification shall include reasonable fees incurred by the City in connection with such claim or liability. 11. DISPUTES In cases of disputes as to whether or not an item or service quoted or delivered meets the specifications, the decision of the City shall be final and binding on both parties 12. COMPLETION OF WORK The Contractor shall complete the work that is the subject of the request for proposals as required by the terms of the request for proposals. If the Contractor is delayed at any time in the delivery of the products by any act or negligence of the City, or by any act or negligence by separate contractor employed by the City, or that of any employee of either, or by any changes ordered in the materials or by strike, lockout, fires, unusual delays in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, the City shall decide the permissible extent of such delay. 13. FAILURE TO DELIVER In the event the Contractor fails to deliver the services and materials covered by the Contract and in accordance with the delivery terms stipulated in the contract, then the City will have the right to purchase on the open market the services and/or materials covered in the Bid Proposal and shall have as damages the cost of obtaining such services and/or materials and any additional costs incurred by the City as a result thereof. 14. FORCE MAJEURE The Parties agree that either Party hereto will be relieved of its obligations hereunder in the event and to the extent that the performance of its obligations under this Contract is delayed or prevented by any cause beyond its control, including, without limitation, acts of God, public enemies, war, insurrection, acts or orders of governmental authorities, fire, flood, explosion, or riots (“Force Majeure”). Failure to receive necessary materials and supplies will not excuse performance hereunder unless such failure is itself due to an event of Force Majeure. A Party obtaining relief under this provision will make every reasonable e ort to minimize the e ects thereof and will promptly resume performance as soon as possible. 15. ENTIRE CONTRACT This Contract shall constitute the entire agreement between the Parties, and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either Party, except to the extent incorporated in this Contract. 16. MODIFICATION OF CONTRACT Any modification of this Contract or additional obligation assumed by either Party in connection with this Contract shall be binding only if evidenced in writing and signed by each Party or an authorized representative of each Party. 17. ASSIGNMENT This Agreement, or any right or interest under this Agreement, shall not be assigned, nor shall any work or obligation to be performed under this Agreement (an "assignment") be delegated, voluntarily, by operation of law or otherwise, without the parties' prior written consent. Any attempted assignment in contravention of this Section shall be void and ine ective. The terms of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the permitted respective successors and assigns of the parties hereto. 18. COUNTERPARTS AND RIGHT A. This Agreement may be signed by counterparts, which together shall constitute one agreement. If this Agreement is signed in counterparts, no signatory hereto shall be bound until both parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement. B. The person signing on behalf of each party represents that he or she has the right and power to execute this Agreement. SEVERABILITY If any part of this Agreement is ruled unenforceable or invalid, the remainder of the Agreement shall continue to be valid and deemed enforceable against the parties. In the event of a ruling of invalidity or unenforceability of any part of this Agreement, the parties shall work in good faith to modify the Agreement to e ectuate the original intent of the parties. 19. MISCELLANEOUS A. No waiver by a party of any breach shall be e ective unless in writing, and no waiver shall be construed as a waiver of any succeeding breach, whether of the same or a di erent term or condition. B. This Agreement shall be construed as to its fair meaning and not strictly for or against either party. C. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof. D. Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party. 20. NO AMENDMENT This Agreement may not be modified or amended except by written instrument executed by the parties hereto that explicitly refers to the amendment of this Agreement and that is signed by authorized representatives of both parties. 21. SUCCESSORS OR ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. Contractor may not assign this Agreement or any rights or obligations hereunder without the prior written consent of the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. For Alliance Trade Services: Signature: __________________ Name: ________________________ Title: __________________________ Date: __________________________ For The City of New Carrollton: Signature: __________________ Name: ________________________ Title: __________________________ Date: __________________________ End of Contract