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Home My WebLink AboutS.D. Air Quality Inc; 2020-05-19; PSA20-1096FACPSA20-1096FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR HVAC DUCT CLEANING SERVICES S.D. AIR QUALITY, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and S.D. AIR QUALITY, INC., a California corporation, ("Contractor”). RECITALS City requires the professional services of a Heating, Ventilation and Air Conditioning (HVAC) cleaning company that is experienced in commercial duct cleaning. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A and B”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of 90 days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand eight hundred dollars ($9,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 May 19th PSA20-1096FAC City Attorney Approved Version 6/12/18 2 professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Jonathan Haroch Title Public Works Superintendent Title General Manager Department Public Works Address 7925 Silverton Ave. Suite #516 City of Carlsbad San Diego, CA 92126 Address 405 Oak Ave Phone No. 800-540-3818 Carlsbad, CA 92008 Email jonathan@sdairquality.com Phone No. 760-434-2856 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. x DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PSA20-1096FAC City Attorney Approved Version 6/12/18 3 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PSA20-1096FAC City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Contractor shall provide all equipment, labor and materials necessary to clean all HVAC ducting at the Georgiana Cole Library located at 1250 Carlsbad Village Drive, Carlsbad, CA 92008. All ducting is shown on the attached city record drawings (Exhibit B). The Contractor shall assure that its employees have received safety equipment training, medical surveillance programs, individual health protection measures, and manufacturer’s product and material safety data sheets (MSDS) as required for the work by the U.S. Occupational Safety and Health Administration, and as described by this specification. The contractor shall maintain a copy of all current MSDS documentation and safety certifications at the site at all times, as well as comply with all other site documentation requirements of applicable OSHA programs and this specification. All debris removed from the System’s shall be disposed of in accordance with applicable federal, state, provincial and local requirements. To prevent cross-contamination, all contaminated materials removed from the system shall be properly contained prior to removal from the building. Materials deemed to be hazardous by governmental agencies shall be handled in strict accordance with any applicable local, regional or national codes. Prior to and throughout duration of the cleaning process, the system and associated air duct shall be kept at an appropriate negative pressure differential relative to the indoor non-work area. This negative pressure differential shall be maintained between the portion of the duct system being cleaned and surrounding indoor occupant spaces. Under all circumstances, the contractor shall verify pressurization differential during the project. When utilizing vacuum collection equipment exhausting indoors it shall utilize HEPA filtration and the equipment shall have a collection efficiency of 99.97% at 0.3-micron particle size and be capable of retaining dislodged debris. All equipment used to create negative duct pressurization that does not have HEPA filtration shall be exhausted outdoors to a location that would not allow re-entrainment. All ducting shall be cleaned by using a suitable agitation device to dislodge contaminants from the component surface and then capturing the contaminants with a vacuum collection device. Acceptable methods will include those which will not potentially damage the integrity of the duct, nor damage porous surface materials such as liners inside the duct or system components. Total not-to-exceed $9,800 per term of the Agreement. DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 1 of 4 pages SD Air Quality Inc. City of Carlsbad 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Estimate #10215 From SD Air Quality Inc. (858) 356-6990 contact@sdairquality.com www.sdairquality.com 7054 Convoy Ct San Diego, CA 92111 Client Phone 760-802-7807 Bill To 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Sent On 04/08/2020 Job Title ComAD PSA20-1096FAC Exhibit"A" (continued) DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PRODUCT / SERVICE DESCRIPTION QTY.UNIT COST TOTAL 1Com Air Duct Cleaning Dear John and Carlsbad City Library, Thank you for choosing SD Air Quality to provide you with a proposal for air duct cleaning for the Carlsbad Public Library. All air ducts, vent covers, air handlers and exhaust fans are included. Below you will find our scope of work to be performed: Air Duct Cleaning • Protection to property: Protect all work area by covering with plastic drop all sensitive areas including furniture, computers, desks and floors. • Inspection: Preform a pre-inspection of the entire ventilation system. We will inspect for layouts of the ventilation system, damages, and any possible air leakage. • Equipment Setup: We will cover all vents except the one we are working with to create an intense suction and to prevent loosened particles from spreading through the work area. A 3000 – 5000 CFM high-volume industrial negative pressure machine will be attached to one main air vent of the system creating negative pressure through the entire ventilation system. • Cleaning: We insert a specialized spinning power brush and 180psi compressed air scrubbing tools tentacles whip system through each vent into the duct releasing all dust and debris. This process allows all contaminants to be suctioned out through 4-stage HEPA filters into the negative air pressure machine. • Cleaning Access: Cleaning of main duct system may require an access to the duct, A Hole to be cut in main duct to enter inside the main duct for cleaning. After cleaning the main duct we will be using the same metal gauge for sealing the hole. We will use all screws penetration the air stream of interior duct will be the minimum size needed to secure panel to minimize air stream restriction. We will also use duct seller to seal the panel and any area in the duct that need to be resealed. Insulation will be sealed back in place if apply. • Coil: Cleaning of VAV/Coil cabinet and coil evaporator Using Evaporator Coil Cleaner, HEPA Vacuums, Air Pressure, Cotton Cloths and Hand Held Brushes. Note: if needed access holes will be enter the front and back of coils section. The determination as to which of these systems/tools will be used will be decided as to the debris to be removed and applicable to the job. 1 $0.00 $0.00 2 of 4 pages SD Air Quality Inc. City of Carlsbad 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Estimate #10215 From SD Air Quality Inc. (858) 356-6990 contact@sdairquality.com www.sdairquality.com 7054 Convoy Ct San Diego, CA 92111 Client Phone 760-802-7807 Bill To 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Sent On 04/08/2020 Job Title ComAD PSA20-1096FAC Exhibit"A" (continued) DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PRODUCT / SERVICE DESCRIPTION QTY.UNIT COST TOTAL 2Com Air Duct Cleaning • Air Handler: Clean Air Handler/Furnace/Package Unit Using Specialized Air Tools, Hand held Brush and 2 Stage HEPA Vacuum. Filter replacement will be provided as needed. • Sanitizing: Applied using air fogger Convert anti- microbial into an aerosol fog that is applied to duct surfaces. Sanitizing will apply upon request at no additional charge. • Registers: Will be thoroughly cleaned using a combination of the following: HEPA vacuum, Dynamite Cleaner and Hand Brushes. The determination as to which of these systems/tools will be used will be decided as to the debris to be removed. • During the cleaning process: If any damaged ducts, hazardous material, or abnormalities to the system are found: All work will stop to that area and recommendations will be made to the building manager. If any of the ductwork needs to be replaced or repaired, a quote will be provided. (Replacement or repair will be an additional charge based on approval). • Completion of the job: Remove all protective drop cloths and pads. Vacuum Floors and Disposal of any debris generated during the cleaning process. • Post-inspection: will be completed to ensure all work areas are clean and all systems are in working order. Tools and Equipment using: • Negative air machine Turbo Max 3000 & 5000 CFM. • Dual Motor HEPA Vacuum 5 and 2 stage filtration system. • Cobra Power Brush System 36’. • Specialize Hand Brushes. • Air Compressors 155 & 180 PSI. • Air Tools, Eight Whip Nozzle, Forward Flow Air Nozzle, Reverse Whip, and Tentacles Whip System. 1 $9,800.00 $9,800.00 3 of 4 pages SD Air Quality Inc. City of Carlsbad 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Estimate #10215 From SD Air Quality Inc. (858) 356-6990 contact@sdairquality.com www.sdairquality.com 7054 Convoy Ct San Diego, CA 92111 Client Phone 760-802-7807 Bill To 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Sent On 04/08/2020 Job Title ComAD PSA20-1096FAC Exhibit"A" (continued) DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 If you have any questions regarding this quote please do not hesitate to contact us. Signature: _____________________ Date: _____________ Total $9,800.00 4 of 4 pages SD Air Quality Inc. City of Carlsbad 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Estimate #10215 From SD Air Quality Inc. (858) 356-6990 contact@sdairquality.com www.sdairquality.com 7054 Convoy Ct San Diego, CA 92111 Client Phone 760-802-7807 Bill To 1250 Carlsbad Village Drive City Library Carlsbad, California 92008 Sent On 04/08/2020 Job Title ComAD PSA20-1096FAC Exhibit"A" (continued) DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PSA20-1096FACExhibit "B"DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88 PSA20-1096FACExhibit "B" (continued)DocuSign Envelope ID: 913D5761-1134-4599-9675-1A3B5023DA88