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HomeMy WebLinkAbout2010-07-13; City Council; 20306; HVAC MAINTENANCE CONTRACT11 CITY OF CARLSBAD - AGENDA BILL AB# 20,306 MTG. 07/13/10 DEPT. PEM AWARD OF CONTRACT FOR HVAC MAINTENANCE SERVICES BID NO. 10-06 DEPT. DIRECTOR C)^^/- CITY ATTORNEY <^^- CITY MANAGER (y RECOMMENDED ACTION: Adopt Resolution No. 2010-187 accepting the bid and awarding the contract to Seaside Heating and Air Conditioning, Inc., for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services, Bid No. 10-06, for an amount not to exceed $317,030 in the initial two year agreement term. ITEM EXPLANATION: The City of Carlsbad utilizes contract HVAC maintenance for forty City owned facilities. This service has been traditionally performed by a service contractor. Utilizing a service contractor allows the City to provide these services without the need to increase staffing, purchase and maintain expensive specialty equipment and allows staff resources to be allocated to core maintenance functions. On February 25, 2010, the City Clerk published a Notice Inviting Bids for this service agreement. It should be noted that this Bid specifically requested that market wages, and not prevailing wages, be applied. Two bids were received, opened, witnessed, and recorded on April 6, 2010. The bids were reviewed by the Property and Environmental Management Department and were as follows: • Seaside Heating and Air Conditioning $158,515 • Countywide Mechanical Systems $236,530 In accordance with the Municipal Code, a best value evaluation was completed, contractor's bid was evaluated against the following criteria: Cost of service Ability to provide service Previous performance and references Quality of service Responsiveness to specifications Unspecified value added offerings Each DEPARTMENT CONTACT: Joe Garuba, (760) 434-2893, ioe.aaruba@carlsbadca.gov FOR CITY CLERKS USE ONLY. _ COUNCIL ACTION: APPROVED K DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 Seaside Heating and Air Conditioning, Inc. received the highest best value score due to its submitted cost for service, ability to provide service, previous performance and references, quality of service, responsiveness to specifications and value added offerings. Based upon the results of the best value evaluation, staff recommends that Council accept the bid and award a contract to Seaside Heating and Air Conditioning, Inc. Staff recommends that Council authorize an increase to the annual compensation amount by a total of 20% in each two year agreement period, beginning with the first extension, to accommodate infrastructure growth, allowable compensation increases and to allow flexibility in service intervals to meet quality standards. This requested increase is based on historical inflation averages in the Consumer Price Index for San Diego County and projected project completion of Capital Improvement Projects including the Fire and Police Training Facility. Staff also recommends that Council authorize the City Manager, or her designated representative, to adjust the services provided, add additional maintenance locations from the current or future inventory, and/or increase service frequencies to the limits authorized during the course of each agreement period to allow day to day management of HVAC maintenance service operations. On a bi-annual basis, a formal amendment may be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next agreement year. Staff is also recommending that Council approve a total maximum compensation amount of ($1,153,990) over the maximum six-year period of the agreement. Staff further recommends that Council approve this agreement for a two year period and authorize the City Manager to approve a maximum of two (2) additional two year extensions. The bid for HVAC services is intended to establish bid item costs for each individual item of work. The actual cost will vary depending on the actual services provided and payment to the contractor will be for actual work performed. ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301(c). FISCAL IMPACT: This contract is funded from the Facilities Maintenance Operating Budget - General Fund. Sufficient appropriations are available in the Facilities Maintenance Operating Budget to fully fund the agreement. The contract amount for the HVAC service agreement is provided by contract years in the table below: Contract Years Contract Years 1 & 2 Contract Years 3 & 4 Contract Years 5 & 6 Total Not-To-Exceed Contract Amount Contract Amount $317,030 $380,436 $456,524 $1,153,990 PageS In summary, this is up to a six-year HVAC service agreement based on the selected best value contractor's bid of $158,515 per agreement year. The total contract budget for the initial two year agreement period is $317,030. Staff also recommends that Council authorize increases to the contract as needed by an additional 20% of the contract amount in each subsequent two year agreement period to account for increases in the City's assets requiring HVAC maintenance services. This increase is cumulative with increases allowed in previous agreement terms. The calculated amounts per two year term establish the not-to-exceed limit of the agreement ($1,153,990). The actual annual payments to the contractor will be on a time and materials basis for actual work performed, within each two year term of the agreement, and will be subject to the availability of funds. The work completed will be inspected and verified by Facilities Maintenance staff prior to authorization of each payment. EXHIBITS: 1. Resolution No. 2010-187 accepting the bid and awarding the contract to Seaside Heating and Air Conditioning, Inc., for HVAC Maintenance Services, Bid No. 10-06, for an amount not-to-exceed $317,030 in the initial two year agreement term, and authorizing an increase to the previous agreement term compensation amount by 20% in each subsequent two year agreement period to a maximum total compensation amount of $1,153,990 throughout the allowable contract term, and authorizing the City Manager or her designated representative, to add additional work locations and/or adjust service frequencies up to the limits authorized for each two year agreement term. 2. HVAC Maintenance Services Contract. 1 RESOLUTION NO. 2010-187 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, ACCEPTING THE BID AND AWARDING THE CONTRACT TO SEASIDE HEATING AND AIR CONDITIONING 4 INC., FOR HEATING, VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE SERVICES, BID NO. 10-06, FOR AN 5 AMOUNT NOT-TO-EXCEED $317,030 IN THE INITIAL TWO YEAR AGREEMENT TERM, AND AUTHORIZING AN INCREASE 6 TO THE PREVIOUS TWO YEAR AGREEMENT TERM COMPENSATION AMOUNT BY 20% IN EACH SUBSEQUENT 7 TWO YEAR AGREEMENT TERM TO A MAXIMUM COMPENSATION AMOUNT OF $1,153,990 THROUGHOUT THE 8 ALLOWABLE CONTRACT TERM, AND AUTHORIZING THE CITY MANAGER OR HER DESIGNATED REPRESENTATIVE TO ADD 9 ADDITIONAL WORK LOCATIONS AND/OR ADJUST SERVICE FREQUENCIES UP TO THE LIMITS AUTHORIZED FOR EACH 10 TWO YEAR AGREEMENT TERM. 11 WHEREAS, the City of Carlsbad requires the services of a HVAC services 12 contractor; and 13 WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid 14 from a qualified contractor, Seaside Heating and Air Conditioning, Inc.; and 15 WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code 16 Section 3.28.060 was performed by staff and has resulted in staffs determination that the 17 bid submitted by Seaside Heating and Air Conditioning, Inc., at $158,515 per agreement 18 year is the best value to the City of Carlsbad; and 19 WHEREAS, staff recommends award of the contract for Bid 10-06 HVAC 20 Maintenance Services to Seaside Heating and Air Conditioning, Inc., in an amount not-to- 21 exceed $317,030 in the initial two year agreement term; and 22 WHEREAS, staff recommends Council authorize an increase of 20% in funding 23 in each subsequent two year agreement period to a maximum compensation amount of 24 $1,153,990 during the maximum six year life of the agreement; and 25 WHEREAS, actual costs will be based on services provided and payment to the 26 contractor will be for actual work performed; and 07 WHEREAS, staff recommends Council authorize the City Manager, or her 28 M designated representative, to adjust the services provided, add additional maintenance locations from the current or future inventory, and/or adjust service frequencies to the limits authorized during the course of each agreement year to allow day to day 4 management of HVAC maintenance operations; and 5 WHEREAS, bi-annually, for a maximum six year agreement term, a formal 6 amendment may be processed for City Manager approval indicating the actual service 7 totals and the maximum compensation for the next two year agreement term based on8 the availability of funds; and 10 11 12 13 14 15 16 WHEREAS, sufficient appropriations are currently available in the Facilities Maintenance Operating Budget - General Fund to fully fund the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid of Seaside Heating and Air Conditioning, Inc., 2942 Industry Street, Suite A, Oceanside, CA 92054, is the best value. 17 3. The bid of Seaside Heating and Air Conditioning, Inc., is hereby accepted. 18 4. That increases of 20% in funding in each subsequent two year agreement period are authorized. 20 5. That the maximum compensation amount will not exceed $1,153,990 over 21 the maximum six-year period of the agreement. 22 6. That the City Manager, or her designated representative, is authorized to 23 adjust the services provided, add additional maintenance locations from the current or 24 future inventory, and/or adjust service frequencies to the limits authorized during the 25 course of each agreement year to allow day to day management of HVAC maintenance26 service operations. 28 1 7. That bi-annually, for a maximum six year agreement term, a formal 2 amendment may be processed for City Manager approval indicating the actual service o totals and the maximum compensation for the next two year agreement term. 4 8. That the Mayor of the City of Carlsbad is hereby authorized and directed 5 to execute an agreement with Seaside Heating and Air Conditioning, Inc. for an amount 6 not-to-exceed $317,030 in the initial two year agreement term, a copy of which is 7 attached, for and on behalf of the City of Carlsbad. 9 '" 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 " 17 18 ,9 '" 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of July, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. . LEWIS, Mayor ATTEST: LGfRRAtblE M.l/VOOD, City Cle (SEAL) AGREEMENT FOR HVAC MAINTENANCE SERVICES (SEASIDE HEATING AND AIR CONDITIONING, INC.) PEM507 THIS AGREEMENT is made and entered into as of the /"^ _ day of 20/0. by and between the CITY OF CARLSBAD, a municipal corporation^ ("City"), and Seaside Heating and Air Conditioning, Inc. , a corporation, ("Contractor"), (collectively the "Parties") for HVAC Maintenance Services. DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained HVAC system as specified in this Agreement. Installations: HVAC equipment installation and adjustment required to preserve and protect any City owned or maintained HVAC systems as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained HVAC systems as specified in this Agreement. Demolition: The removal of HVAC equipment required to preserve and protect any City owned or maintained HVAC systems as specified in this Agreement. Service Report: Contractor's detailed report in City-approved computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all inspections, repairs or service work performed, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. Web based report capability is highly desired. RECITALS A. City requires the professional services of an HVAC Contractor that is experienced in providing routine, recurring and usual HVAC maintenance work necessary for the protection and preservation of City owned or maintained HVAC systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual HVAC maintenance work necessary for the protection and preservation of City owned or maintained HVAC systems for their intended purposes. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a bid to City and has affirmed its willingness and ability to perform such work. City of Carlsbad 1 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 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 the HVAC maintenance and repair services described in the Scope of Work contained in the City's Request for Bids and the Contractor's bid, which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform HVAC maintenance and related services as needed and as authorized on an agreed price for Preventative Maintenance services and on a time and materials basis for repairs as specified in the Contractor's bid. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure HVAC maintenance services from other vendors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain a C-20 license issued by the California Contractors State License Board throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of two-years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed Three hundred and eighty thousand, four hundred thirty six dollars ($380,436) in the first two year extension period and not to exceed Four hundred fifty six thousand five hundred twenty four dollars ($456,524) in the second extension period. Total compensation under this agreement shall not exceed One million, one hundred fifty three thousand nine hundred and ninety dollars ($1,153,990). Payments will be made on a time and materials basis for actual work performed by the contractor and the total compensation amounts are not guaranteed. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's HVAC maintenance work will be by paid at a fixed cost rate for scheduled maintenance and at an hourly rate plus parts as indicated in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement City of Carlsbad 2 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services term will not exceed Three hundred seventeen thousand thirty dollars ($317,030). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in the Contractor's bid. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, California HVAC codes, OSHA standards and any other regulatory requirements. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Inspector, or his authorized representative. Pricing to City of Carlsbad will be in accordance with hourly labor cost plus parts markup as indicated in the Vendor's Proposed Cost of Services Chart. Invoices must be submitted with request for payment. The Contractor shall submit invoices to the Inspector, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to negotiate, accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the aggregate San Diego Consumer Price Index changes over the previous contract period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. Compensation increases will not be authorized prior to the end of each contract period. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. City of Carlsbad 3 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. WAGES TO BE PAID The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this agreement. Payment of prevailing wages is at contractor's discretion. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 11. 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 in whole or in part by any willful misconduct or negligent act or omission 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. City of Carlsbad 4 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 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. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 12.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 12.1.2 Automobile Liability If the use of an automobile is involved for Contractor's work for City, $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 ANY AUTO COVERAGE Insurance must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 12.1.4 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and City of Carlsbad 5 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services IZ Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.5 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.3 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.4 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents related to services performed produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at City of Carlsbad 6 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name: Bob Richardson For Contractor: Title: Public Works Supervisor Name Charles Balcar Title CFO DePartment: Property & Environmental Addfess 2g42.A ^ Management Oceanside CA 92054 City of Carlsbad Phone No. (760) 643-1100 Address: 405 Oak Avenue. Carlsbad. CA 92008 Phone No. (760) 434-2944 City of Carlsbad 7 Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 18. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager and/or designee. The City Manager and/or designee will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager and/or designee will be binding upon the parties involved, although 8 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim 9 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. SERVICES DURING STATE OF EMERGENCY During a state of emergency as determined by the City Council or City Manager including, but not limited to states of emergency defined by Government Code Section 8558, the Contractor agrees to provide the services specified in this Agreement under the terms and conditions herein. 28. ENTIRE AGREEMENT This Agreement, the City's Request for Bid, the Contractor's Bid, and the Specifications, together with any other written document referred to or contemplated by these documents, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 10 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 1*7 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR icipal brnia (sign here) . Sc.U-.Vyf- (print name/title) By: / ATTEST: (sign here) I 6ts+ (print name/title) LQRR/)ME MMOOD StyCleYk If required by City, proper notarial acknowledgment of execution by contractor must be attafol^ecWr If a Corporation. Agreement must be signed by one corporate officer from each of the following1"1" two groups. *Group A. Chairman, \XPresident, or Vice-President **Group B. Secretary, Assistant Secretary, v/CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney\n D P oBv: Ji Uc^\^ O£ Deputy City Attorney" 11 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services VENDOR'S PROPOSED COST OF SERVICE* Vendors Proposed cost of Service Chart - Page 1 of 7 The matrix below describes forty-three items upon which the City requests a bid. Please note that the numbers listed in the "Quantity and Units" category of the matrix below are estimates only, and will not be used for any purpose other than to compare bids received in response to this Request for Bid. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully examined the locations of the work, read the Request for Bid, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this HVAC Maintenance Agreement in accordance with the specifications of the City of Carlsbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. 1. 2. 3. 4. Description Routine Preventative Maintenance: Calavera Community Center 2997 Glasgow Drive Routine Preventative Maintenance: City Hall Complex 4tf\n f*nrlt*h**tJizuu oar/soacr Village Drive Annual Chiller Preventative Maintenance: City Hall Complex 1200 Carlsbad Village Drive Routine Preventative Maintenance: Parks Division Administration and Modular. 1166 Carlsbad Village Drive Estimated Quantity and Units* 4 6 1 4 Unit Price $ 140.00 Per Occurrence $ 365.00 Per Occurrence $ 1,000 Per Occurrence $ 55.00 Per Occurrence Annual Total $ 560.00 Extended Amount $ 2,190.00 Extended Amount $ 1.000 Extended Amount $ 220.00 Extended Amount 12 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Item No. 5. 6. 7. 8. 9. 10. 11. 12. Vendors Proposed cost of Service Chart - Page 2 of 7 Description Routine Preventative Maintenance: Facilities/Streets Div. Administration Complex. 405 Oak Avenue Routine Preventative Maintenance: Community Swim Complex 3401 Monroe Street Routine Preventative Maintenance: City Council Chambers 1200 Carlsbad Village Drive Routine Preventative Maintenance: Dove Library 1775 Dove Lane Annual Chiller& Cooling Tower Preventative Maintenance: Dove Library 1775 Dove Lane Monthly Cooling Tower Water Treatment: Dove Library 1775 Dove Lane Routine Preventative Maintenance: Elmwood House 1255 Elmwood Avenue Routine Preventative Maintenance: City Administration 1635 Faraday Avenue Estimated Quantity and Units* 4 4 6 4 1 12 4 4 Unit Price $ 105.00 Per Occurrence $ 40.00 Per Occurrence $ 290.00 Per Occurrence $ 600.00 Per Occurrence $ 1,500.00 Per Occurrence $ 150.00 Per Occurrence $ 40.00 Per Occurrence $ 600.00 Per Occurrence Annual Total• - - - $ 420.00 Extended Amount $ 160.00 Extended Amount $ 1,740.00 Extended Amount $ 2,400.00 Extended Amount $ 1,500.00 Extended Amount $ 1,800.00 Extended Amount $ 160.00 Extended Amount $ 2,400.00 Extended Amount 13 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Item No. 13. 14. 15. 16. 17. 18. 19. 20. 21. Vendors Proposed cost of Service Chart - Page 3 of 7 Description Routine Preventative Maintenance: Fire Station #1 1275 Carlsbad Village Drive Routine Preventative Maintenance: Fire Station #2 1906 Arenal Road Routine Preventative Maintenance: Fire Station #3 3701 Catalina Drive Routine Preventative Maintenance: Fire Station #4 6885 Batiquitos Lane Routine Preventative Maintenance: Fire Station #5 2540 Orion Way Routine Preventative Maintenance: Fire Station #6 7201 Rancho Santa Fe Road Routine Preventative Maintenance: Fleet Maintenance 2480 Impala Way Routine Preventative Maintenance: Granary 2659 Garfield Routine Preventative Maintenance: Harding Community Center 3096 Harding Street Estimated Quantity and Units* 4 4 4 4 4 4 4 1 4 Unit Price $ 50.00 Per Occurrence $ 40.00 Per Occurrence $ 40.00 Per Occurrence $ 40.00 Per Occurrence $ 80.00 Per Occurrence $ 50.00 Per Occurrence $ 50.00 Per Occurrence $ 30.00 Per Occurrence $ 50.00 Per Occurrence Annual Total $ 200.00 Extended Amount $ 160.00 Extended Amount $ 160.00 Extended Amount $ 160.00 Extended Amount $ 320.00 Extended Amount $ 200.00 Extended Amount $ 200.00 Extended Amount $ 30.00 Extended Amount $ 200.00 Extended Amount 14 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Item No. 22. 23. 24. 25. 26. 27. 28. 29. Vendors Proposed cost of Service Chart - Page 4 of 7 Description Routine Preventative Maintenance: Heritage Hall 2659 Garfield Routine Preventative Maintenance: Hiring Center 5958 El Cam/no Real Routine Preventative Maintenance: Holiday House 3235 Eureka Place Routine Preventative Maintenance: Kruger House 3215 Eureka Place Routine Preventative Maintenance: Learning Center 3368 Eureka Place Routine Preventative Maintenance: Cole Library 1250 Carlsbad Village Drive Annual Chiller Preventative Maintenance: Cole Library 1250 Carlsbad Village Drive Routine Preventative Maintenance: Magee House 258 Beech Estimated Quantity and Units* 1 2 4 4 4 4 1 4 Unit Price $ 30.00 Per Occurrence $ 40.00 Per Occurrence $ 40.00 Per Occurrence $ 40.00 Per Occurrence $ 120.00 Per Occurrence $ 525.00 Per Occurrence $ 1.000.00 Per Occurrence $ 40.00 Per Occurrence Annual Total $ 30.00 Extended Amount $ 80.00 Extended Amount $ 160.00 Extended Amount $ 160.00 Extended Amount $ 480.00 Extended Amount $ 2,100.00 Extended Amount $ 1,000.00 Extended Amount $ 160.00 Extended Amount 15 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Item No. 30. 31. 32. 33. 34. 35. 36. 37. Vendors Proposed cost of Service Chart - Page 5 of 7 Description Routine Preventative Maintenance: Railroad Depot 400 Carlsbad Village Drive Routine Preventative Maintenance: Scout House 3225 Eureka Place Routine Preventative Maintenance: Sfagecoacft Community Ctr. 3420 Cam/no de los Coches Routine Preventative Maintenance: Safety Center 2560 Orion Way Annual Chiller Preventative Maintenance: Safefy Center 2560 Orion Way Routine Preventative Maintenance: Senior Center 799 Pine Avenue Routine Preventative Maintenance: Water District 5950 El Cam/no Real Routine Preventative Maintenance: Las Palmas Dr. 2075 Las Palmas Estimated Quantity and Units* 1 4 4 4 1 4 4 4 Unit Price $ 40.00 Per Occurrence $ 40.00 Per Occurrence $ 140.00 Per Occurrence $ 440.00 Per Occurrence $ 1.000.00 Per Occurrence $ 325.00 Per Occurrence $ 120.00 Per Occurrence $ 335.00 Per Occurrence Annual Total $ 40.00 Extended Amount $ 160.00 Extended Amount $ 560.00 Extended Amount $ 1,760.00 Extended Amount $ 1,000.00 Extended Amount $ 1,340.00 Extended Amount $ 480.00 Extended Amount $ 1,340.00 Extended Amount 16 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Item No. 38. 39. 40. 41. 42. 43. Vendors Proposed cost of Service Chart - Page 6 of 7 Description Routine Preventative Maintenance: Aviara Park 6445 Ambrosia Ln. Routine Preventative Maintenance: Carrillo Ranch Park 6200 Flying Leo Carrillo Way Routine Preventative Maintenance: Recreation Modular 3330 Harding St. Cost of parts and materials for Repairs. Cost of labor for Repairs and non- routine maintenance. (Monday - Friday, 7:00 AM- 5:00 PM) Labor cost of emergency/after hours Repairs. Estimated Quantity and Units* 4 4 4 $70,000.00/year* 1700 Hours* 125 hours* Unit Price $ 30.00 Per Occurrence $ 30.00 Per Occurrence $ 30.00 Per Occurrence 30 % discount from list price as shown in the i2 ARM Service Biller $45.00 per hour $ 45.00 per hour Annual Total $ 120.00 Extended Amount $ 120.00 Extended Amount $ 120.00 Extended Amount $49,000.00 $ 76,500.00 Extended Amount $ 5.625.00 Extended Amount *Estimate based on historical experience is for bid comparison purposes only. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. 17 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Vendors Proposed cost of Service Chart - Page 7 of 7 Total amount of Vendor's bid per agreement year in words: one hundred fifty eight thousand five hundred fifteen dollars and no cents_(ltemS 1-43) Total amount of Vendor's bid per agreement year in numbers: $158.515.00 (Items 1-43) 18 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services CITY OF CARLSBAD BID 10-06 HVAC MAINTENANCE SERVICES EXHIBIT "A" MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S bid at an agreed price for the work. B. "CITY" - The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The PROPERTY AND ENVIRONMENTAL MANAGEMENT DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately as passenger or freight HVAC. G. "INSPECTOR" - The CITY'S field representative for work performed by the CONTRACTOR. H. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. 19 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services I. "PREVENTATIVE MAINTENANCE" - Work specified in the preventative maintenance schedule of this agreement that consist of work performed by the Contractor at a fixed price cost. J. "PROPERTY AND ENVIRONMENTAL MANAGEMENT DIRECTOR" - The official designated as the Property and Environmental Management Director, or any of his authorized representatives. K. "REPAIRS" - Work required to maintain the serviceability of HVAC equipment specified under this agreement that are outside the scope of the scheduled PREVENTATIVE MAINTENANCE. REPAIR work must be authorized by the CONTRACT ADMINSITRATOR prior to the CONTRACTOR performance. After hours REPAIRS are work outside of normal business hours as indicated in the Vendor's Proposed Cost of Services Chart and shall be compensated at the Bid Item Rate for each item. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carlsbad is provided with reliable and high quality HVAC Maintenance services at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform preventative maintenance at the Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform authorized repairs at the Bid Item price for Labor. Cost of parts shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this bid. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 HVAC maintenance and repair shall be performed in accordance with accepted standards for HVAC maintenance and repair to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual repair and maintenance logs listing all work performed under this agreement. These repair and maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and 20 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services any other information that may affect current or future operation of the HVACs. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments if maintenance and repair tasks are not reported to CITY within the time allowed.) 1.6 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within twenty- four (24) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.7 The CONTRACTOR shall prepare and submit an annual schedule for PREVENTATIVE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The PREVENTATIVE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.8 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for REPAIRS, or EMERGENCY REPAIRS as required, twenty-four (24) hours per day, seven (7) days per week, by dispatching required technicians to the site, within one (1) hour of contact by the CONTRACT ADMINISTRATOR. 2.00 HVAC EQUIPMENT TO BE MAINTAINED 2.01 The service areas and frequencies of service under the provisions of this CONTRACT are detailed in the Vendors Proposed Cost of Services Chart. 2.02 The detailed preventative maintenance requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Appendix "C". 2.03 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days 21 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for PREVENTATIVE MAINTENANCE shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or his authorized representative. 3.03 Separate invoices for approved REPAIRS AND EMERGENCY REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete REPAIR or EMERGENCY REPAIR. 3.04 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new HVACs to be maintained and/or repaired and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 22 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix "B"). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per service area as described in Appendix "B". 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 23 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the HVACs. 6.00 REFRIGERANT RECOVERY AND LICENCING 6.01 The CONTRACTOR shall assist the CITY with administering the fulfillment of requirements of the Environmental Protection agency and Licensing coordination with the other regulatory agencies." 6.02 The CONTRACTOR shall employ licensed refrigerant recovery technicians and shall not allow any employee to perform refrigerant recovery, decommissioning, refrigerant recycling or any other tasks with the potential to release refrigerant unless that technician is currently licensed at a level appropriate for the equipment being serviced. A copy of all documents related to refrigerant handling and use shall be forwarded to the CONTRACT ADMINISTRATOR on a monthly basis. 6.03 The CONTRACTOR shall advise the CITY of required inspections, maintenance and repairs required to satisfy all regulating agencies requirements to insure uninterrupted services of the CITY'S HVACs. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a two twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 8.02 All requests for emergency services shall require a qualified technician to be dispatched to the required location as soon as possible after notification; but in all cases within one (1) hour, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in one (1) hour, the CONTRACT ADMINISTRATOR shall be notified immediately of the 24 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 3! reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non- action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance op his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 25 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of routine preventative maintenance services shall be 7:00 am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. Annual maintenance services of chillers, cooling towers or other maintenance activities requiring extended shut down of HVAC systems or key components shall be performed after hours, on weekends or at times acceptable to the CONTRACT ADMINISTRATOR. All costs for after hours work shall be reflected in the CONTRACTOR'S bid item price for these services and additional compensation shall not be provided. 10.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 11.00 PREVENTATIVE MAINTENANCE SCHEDULES 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 26 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing HVAC services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is 27 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by Local, State and Federal Safety Regulations. 13.00 NON-INTERFERENCE-NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.00 DRUG AND ALCOHOL FREE WORKPLACE 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees 28 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 3 are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 15.00 ASSIGNMENT OF CONTRACT 15.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 16.00 EXTRA WORK 16.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 17.00 or on a TIME AND MATERIALS basis in accordance with Section 18.00. 16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 16.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 16.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the Vendor's Proposed Cost of Services chart. 16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the 29 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 16.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 17.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATpR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor As Stipulated in Vendor's Proposed Cost of Services chart. 2) Materials As Stipulated in Vendor's Proposed Cost of Services chart. 3) Equipment Rental 15 4) Other Items and Expenditures ....15 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the 30 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 31 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 3-5 EXHIBIT "B" CONTRACTOR'S WORK FORCE Bid No. 10-06 The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required licenses and/or certifications. C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The information provided in this attachment is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Exhibit B - Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 2. 32 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services EXHIBIT "B" Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 3. 33 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services EXHBIT"B" Page 3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications 4. 5. E. Description of CONTRACTOR'S employee training program 34 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services HI EXHIBIT "C" LISTING OF SUBCONTRACTORS Bid No. 10-06 The CONTRACTOR is required to furnish the following information relative to the subcontractors he proposes to use. If all work is to be done without subcontractors, write "NONE" in the following space: NAME UNDER WHICH SUB- CONTRACTOR IS LICENSED LICENSE NUMBER AND CLASS ADDRESS AND TELEPHONE TYPE AND PORTION OF WORK SUBCONTRACTOR WILL PERFORM 35 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services SITE: SAFETY CENTER "Appendix B" CITY OF CARLSBAD HVAC MAINTENANCE SERVICES BID NO. 10-06 INSPECTION RATING FORM INSPECTOR: Kelly Brooks 5/30/07 Possible Previous Rating This Category Description Points Period Period Required preventative maintenance tasks performed Contractor's service logs complete and accurate Contractor performing services on Scheduled Day Work area is clean, neat and safe Personnel in Proper Uniforms Vehicles Marked as Required Rating Totals Deduction Percent 25 15 15 15 15 15 100 22 15 11 15 15 15 93 23 13 11 15 15 15 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 36 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services "Appendix C" CITY OF CARLSBAD HVAC MAINTENANCE SERVICES BID NO. 10-06 PREVENTATIVE MAINTENANCE FREQUENCIES AND EQUIPMENT LIST 37 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services CITY OF CARLSBAD TECHNICAL PUBLICATION HEATING, VENTILATION AND AIR CONDITIONING PREVENTATIVE MAINTENANCE QUALITY STANDARDS 38 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services TABLE OF CONTENTS PREVENTATIVE MAINTENANCE QUALITY STANDARD THEORY EQUIPMENT & ENCLOSURES SAFETY CONTROLS & OTHER EQUIPMENT PREVENTATIVE MAINTENANCE TASKS AND SCHEDULES 39 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe economical and dependable operation. Scheduled routine preventative maintenance on HVAC equipment will not only prolong the life of the equipment, but will greatly reduce the overall outlay of financial resources by both the owner and the service company. Eventually all equipment will wear out or be replaced by new technology. However, the HVAC contractor has a responsibility to maximize the life and economic operation of the equipment. EQUIPMENT & ENCLOSURES: The equipment enclosures and equipment are to be painted, kept free of dust, lint, oil residue, dusts and debris. Units shall be maintained in a reasonably clean and dry condition. Oil spills shall be cleaned up immediately and reported to the Inspector. Refrigerant and oil leaks shall be documented and reported to the Inspector. All waste materials will be removed for the area immediately and disposed of properly. Cleaning these areas will be performed in accordance with the contractor's maintenance guide. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of the HVAC equipment in the enclosures. Spare HVAC parts, lubricants and wiring diagrams will be kept orderly in storage cabinets provided for the job by the HVAC contractor. Metal rag pails with covers will be provided for the storage of clean rags only. Up to date service charts, callback logs, and Material Data Sheets will be readily accessible. All chemicals must be properly labeled. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating Panels, Indicators and markings shall be maintained as installed. Defaced components will be reported to the Inspector. Equipment enclosures and doors shall be kept locked to prevent unauthorized access. SAFETY Safety awareness is of the utmost importance when working on HVAC equipment, not only for the mechanic and City Staff but also the casual observer who may wander into a work area unannounced. Barricades, proper tools and safety equipment will be proved by the HVAC contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in un-barricaded areas. If continuous work is performed, doors should be closed when the immediate area unattended. 40 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Strict adherence to the lock out tag out procedure shall be enforced. All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances shall unsafe equipment be put into operation. Periodic checks will be performed to ensure proper operation of all safety devices. Lighting in the work areas shall be sufficient so as not to endanger maintenance personnel. Unique or adverse job conditions and deviation for the prevailing codes with respect to the HVAC spaces or work areas shall be documented and discussed with the Inspector. Environmental conditions must be suitable for the safe operation of equipment by the public and company employees. CONTROLS & OTHER EQUIPMENT Controls and other operational apparatus will be kept clean, properly lubricated and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards in stock locally or have access to spares for overnight delivery. -* All modes, programs and operations shall be maintained as originally intended, engineered, and manufactured. PREVENTATIVE MAINTENANCE TASKS AND SCHEDULES 41 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services REQUIRED SERVICE WORK 1. Heating System Boilers, burners, furnaces, pumps, heating coils, water strainers, unit heaters, duct heaters, heat exchangers, humidifiers, etc. The contractor shall clean, inspect and adjust these items, each visit. The contractor shall provide detailed information as to services performed and condition of each individual component in the service report. The contractor shall inform the Inspector of any required repairs of these component items in the service report. 2. Cooling System Air conditioning compressor(s), evaporative condenser, air cooled condensers, cooling towers, cooling tower fans, pumps, water chillers, cooling coils, etc. The contractor shall clean, inspect and adjust these items, each visit. The contractor shall provide detailed information as to services performed and condition of each individual component in the service report. The contractor shall inform the Inspector of any required repairs of these component items in the service report. 3. Air Handling System Fans, motors, air grills, plenums, registers, air filters, damper induction units, mixing boxes, fan coil units, etc. The contractor shall clean, inspect and adjust these items, each visit. The contractor shall provide detailed information as to services performed and condition of each individual component in the service report. The contractor shall inform the Inspector of any required repairs of these component items in the service report. 4. Temperature Control System Thermostats, pressure controls, relays, limits, valve operators, damper motors, humidity controls, step switches, time clocks, contactors, controllers, capacity controls, safety controls, recorders, control panels, gauges, and air compressor(s) for pneumatic control system, where applicable. The contractor shall clean, inspect and adjust these items, each visit. The contractor shall provide detailed information as to services performed and condition of each individual component in the service report. The contractor shall inform the Inspector of any required repairs of these component items in the service report. 5. Miscellaneous Equipment Exhaust fans, manual valves, float valves, direct expansion valves, thermometers, gauges, magnetic starters, manual motor starters, pump and fan motor drives, 42 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 4 9 belts, electrical wiring from motor starter to their respective motor, check valves, refrigerant piping and piping insulation, refrigerant. The contractor shall clean, inspect and adjust these items, each visit. The contractor shall provide detailed information as to services performed and condition of each individual component in the service report. The contractor shall inform the Inspector of any required repairs of these component items in the service report. 6. Air Filters All replacement air filters for equipment serviced under this agreement shall be pleated Ecoaire E35 or approved equivalent. 7. Belt Driven Equipment Within 30 Calendar days after receiving a Notice to Proceed from the CITY, the CONTRACTOR shall obtain spare drive belts for every piece of equipment in the CITY'S HVAC equipment inventory. These spare belts are to be kept at the same location of the equipment they service. Eighteen (18) months after the Notice to Proceed and eighteen (18) months after execution of any amendments to extend the agreement, the CONTRACTOR procure an additional set of drive belts and shall install the previously procured spare belts on each and every piece of equipment. The CONTRACTOR shall include this cost as part of his BID ITEM price for routine preventative maintenance and no other compensation will be provided. 43 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services DETAILED PREVENTATIVE MAINTENANCE EQUIPMENT SERVICE REQUIREMENTS A. PACKAGED AIR CONDITIONING UNITS/HEAT PUMPS 1. COMPRESSOR a. Check and record head pressure. b. Check and record suction pressure. c. Check, adjust and record refrigerant level. d. Check for leaks. e. Check and record amperage. f. Check crankcase heater. g. Check electrical terminal connections, h. Check all safety devices. 2. ELECTRICAL a. Check all terminals for tightness. b. Check all disconnects. c. Check all contactors and relays. d. Check all controls for proper operation. e. Check thermostat operations. 3 EVAPORATOR BLOWER a. Lubricate. b. Inspect blower wheel. c. Check for vibration. d. Inspect motor mounts. e. Check fan rotation. f. Adjust belt tension as required. g. Replace fan belts as required. 4. AIR COOLED CONDENSER a. Inspect coil for leaks. b. Inspect coil for dirt/debris, clean as required. c. Inspect filter dryers and check for temperature differential. 44 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 51 d. Lubricate all motors. e. Check intake screen. f. Check and adjust drive belts. g. Replace drive belts as required. h. Inspect fan blades, clean as required. 5. EVAPORATOR COIL a. Check for leaks. b. Check coil inlets for dirt/debris or obstruction. c. Clean evaporator coil. d. Add algaecide as required. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. d. Check economizer motors. e. Check economizer controls. 7. FILTERS a. Replace filters at each inspection. B. PACKAGE AIR CONDITIONING UNITS WITH GAS FURNACE 1. COMPRESSOR a. Check and record head pressure. b. Check and record suction pressure. c. Check, adjust and record refrigerant level. d. Check for leaks. e. Check and record amperage. f. Check crankcase heater. g. Check electrical terminal connections, h. Check all safety devices. 45 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 2. ELECTRICAL a. Check all terminals for tightness. b. Check all disconnects. c. Check all contactors and relays. d. Check all controls for proper operation. e. Check thermostat operations. 3. EVAPORATOR BLOWER a. Lubricate. b. Inspect blower wheel. c. Check for vibration. d. Inspect motor mounts. e. Check fan rotation. f. Adjust belt tension as required. g. Replace fan belts as required. 4. AIR COOLED CONDENSER a. Inspect coil for leaks. b. Inspect coil for dirt/debris, clean as required. c. Inspect filter dryers and check for temperature differential. d. Lubricate all motors. e. Check intake screen. f. Check and adjust drive belts. g. Replace drive belts as required. h. Inspect fan blades, clean as required. 5. EVAPORATOR COIL a. Check for leaks. b. Check coil inlets for dirt/debris or obstruction. c. Clean evaporator coil. d. Add algaecide as required. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. 46 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services d. Check economizer motors. e. Check economizer controls. 7. BURNER a. Check for proper combustion. b. Check pilot. c. Check all limit controls. d. Check pilot safety devices. e. Check gas valve operations. f. Check all control settings. g. Check thermocouple. h. Check automatic water feed. i. Check low water cutoff safety. j. Perform combustion analysis. k. Check for proper flame. I. Inspect and clean burner orifice. m. Check and adjust primary air. n. Check and clean pilot orifice and igniters. 8. FLUE PIPE a. Inspect for soot, corrosion, and leaks, clean as required. b. Inspect vent cap. 9. FILTERS a. Replace filters at each inspection. C. SPLIT AIR CONDITIONING UNITS/HEAT PUMPS 1. COMPRESSOR a. Check and record head pressure. b. Check and record suction pressure. c. Check, adjust and record refrigerant level. d. Check for leaks. e. Check and record amperage. f. Check crankcase heater. g. Check electrical terminal connections, h. Check all safety devices. 47 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services 2. ELECTRICAL a. Check all terminals for tightness. b. Check all disconnects. c. Check all contactors and relays. d. Check all controls for proper operation. e. Check thermostat operations. 3. EVAPORATOR BLOWER a. Lubricate. b. Inspect blower wheel. c. Check for Vibration. d. Inspect motor mounts. e. Check fan rotation. f. Adjust belt tension as required. g. Replace fan belts as required. 4. AIR COOLED CONDENSER a. Inspect coil for leaks. b. Inspect coil for dirt/debris, clean as required. c. Inspect filter dryers and check for temperature differential. d. Lubricate all motors. e. Check intake screen. f. Check and adjust drive belts. g. Replace drive belts as required. h. Inspect fan blades, clean as required. 5. EVAPORATOR COIL a. Check for leaks b. Check coil inlets for dirt/debris or obstruction. c. Clean evaporator coil. d. Add algaecide as required. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. d. Check economizer motors. 48 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services e. Check economizer controls. 7. FILTERS a. Replace filters at each inspection. D. BOILERS 1. BOILER a. Check for proper combustion. b. Check pilot. c. Check all limit controls. d. Check pilot safety devices. e. Check gas valve operation. f. Check thermocouple. g. Check all control settings. h. Check automatic water feed. i. Check low water/high temperature cut off safety. 2. BURNER SECTION a. Perform combustion analysis. b. Check for proper flame. c. Inspect and clean burner orifice. d. Check and adjust primary air. e. Check and clean pilot orifices and igniters. 3. FLUE PIPE a. Inspect for soot, corrosion, and leaks. Clean if required. b. Inspect vent cap. 4. BOILING PIPING (WATER AND GAS) a. Check for leaks. b. Check all valves for complete shutoff. c. Check strainers. d. Check make up water pressure regulation. e. Blow down boiler. f. Check relief valve. 49 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Provide the necessary labor and chemicals to properly maintain all water within the heating and cooling circulating system(s) to control metal corrosion, scale formation, biological fouling, or contaminated discharge. All water treatment compounds and additives shall be biodegradable, non-toxic, non-chromate, and non-acid in the recirculating water. Discharged effluents shall be chemically nonacid, meet wastewater discharge standards of any and all regulatory agencies, Federal, State, and Local, and shall meet all existing pollution control standards. Provide all labor to take test samples, adjust feed rates, change settings, drain and flush systems, service automatic equipment, manually inject chemicals (for closed systems), physically clean (a) spray nozzles, (b) eliminators, (c) tower interior as needed, and provide a detailed water analysis and service report monthly after performing those services outlined above. Inspect system(s) for any new scale formation, organic growths, and other visible foulants and propose corrective action as required. E. EXHAUST FANS 1. MOTOR a. Check operation. b. Check motor mounts. c. Check motor temperature. d. Check and record amperage. e. Check and adjust pulley condition and alignment as required. f. Lubricate. 2. BLOWER ASSEMBLY a. Inspect backdraft dampers. b. Check for unusual vibration. c. Inspect, adjust and replace fan belts as required. d. Check for and remove debris. e. Lubricate. 3. ELECTRICAL a. Inspect all electrical connections. b. Inspect all disconnects. • c. Check and record amperage draws. 50 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services F. CHILLERS 1. ROUTINE CHILLER INSPECTIONS AND MAINTENANCE a. Provide materials and supplies including oil, oil filters, gaskets, nitrogen, sight glass, etc. for inspections and maintenance. b. Operate purge unit to remove non-condensable gases, obtain vacuum and ensure unit operates properly. c. Check purge unit canister for depletion, replace as required. d. Start chiller - ensure proper oil temperature prior to start-up. e. Check operating conditions, including refrigerant and lubrication levels, temperatures and pressures. f. Leak test entire system, including refrigerant, oil and water loops, repair minor leaks. g. Check, calibrate, and record all operating and safety controls, h. Check starter operation, record voltage and current. i. Check operation of vane positioner. j. Instruct operator as to proper or unusual operating conditions, and advise on troubleshooting techniques. k. Record operating pressures, temperatures, voltages and amperages. I. Verify accuracy of gauges and thermometers. m. Check, adjust and record all operating and safety controls. n. Ensure refrigerant and oil are at proper levels. o. Check purge unit operation and condition. p. Provide the necessary labor and chemicals to properly maintain all water within the heating and cooling circulating system(s) to control metal corrosion, scale formation, biological fouling, or contaminated discharge. q. All water treatment compounds and additives shall be biodegradable, non-toxic, non-chromate, and non-acid in the recirculating water. Discharged effluents shall be chemically nonacid, meet wastewater discharge standards of any and all regulatory agencies, Federal, State, and Local, and shall meet all existing pollution control standards. r. Inspect system(s) for any new scale formation, organic growths, and other visible foulants and propose corrective action as required. 2. ANNUAL CHILLER INSPECTIONS AND MAINTENANCE A. SAFETIES AND CONTROLS a. Check and calibrate all safety and operating controls including, but not limited to: low chilled water safety and temperature controller, low refrigerant supply, high condenser pressure safety, low oil pressure failure 51 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services safety, chilled water flow switch, condenser water pump auxiliary contacts, and starter anti-recycler timer main control. b. Verify proper operation of any electronic components. c. Check operation of vane positioner, lubricate as required. d. Inspect wiring and connections for signs of overheating, ensure all connections are tight. e. Ensure all indicator and alarm lights are functioning. B. STARTER a. Meg motor, record readings. b. Inspect wiring, ensure terminals are tight. c. Check contacts for wear. d. Check and top-up dash pot oil where applicable. C. PURGE UNIT a. Service and inspect compressor. b. Change oil if applicable. c. Purge unit canister for its depletion, replace as required. D. LUBRICATION AND LUBRICATION SYSTEMS a. Lubricate all moving parts including pumps, motors, linkage and any other ancillary devices. b. Inspect condition of starter. c. Meg oil pump motor, record readings. d. Ensure all connections are tight. e. Verify operation of oil heater, check and tighten leads as required. f. Verify operation of oil cooler, where applicable. g. Clean strainer, replace filter and gaskets. h. Change oil, clean oil sump and reassemble, i. Change the oil bypass filter if installed. E. OTHER ANNUAL REQUIRED CHILLER SERVICE a. Clean condenser tubes by brush cleaning. Obtain Public Works Supervisor, Facilities approval if chemical cleaning is required. Replace gaskets. b. Remove refrigerant from Chiller. This refrigerant will be reclaimed and reintroduced to the chiller to remove additional residual oil and moisture to acceptable operating levels. Once completed, the refrigerant will be charged into the chiller. Refrigerant removal will include: (1) All necessary cylinder 52 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services and transportation to perform the refrigerant side mineral oil reduction process. (2) All work to be performed in compliance with EPA regulations with respect to Section 608 of the Clean Air Act. (3) Certified, supervised personnel. (4) Necessary laboratory analysis of the refrigerant side service to establish level of completion. (5) All refrigerant used to perform the refrigerant side service will be weighted to established total use. (6) All refrigerant used will be properly evacuated and reclaimed to specifications. (7) System will be re-charged with reclaimed (from machine being serviced) refrigerant upon completion (additional refrigerant if needed will be supplied by the contractor and paid for as specified elsewhere in the contract. (8) Provide continuous online monitoring for oil and perform visual test for particulate matter during flush procedure. (9) Complete leak test of machine and repair any leaks. (B) Change oil and oil filters in chillers and disposal of used oil and filters. NOTE* CHILLER MAINTENANCE AT LIBRARY FACILITIES IS TO OCCUR BETWEEN THE HOURS OF 7:00 PM AND 7:00 AM ONLY. CHILLER MAINTENANCE AT OTHER CITY FACILITIES IS TO OCCUR BETWEEN THE HOURS OF 5:00 PM FRIDAYS THROUGH 7:00 AM MONDAYS. THIS MAINTENANCE WILL NOT BE COMPENSATED AS AFTER HOURS WORK. G. EVAPORATIVE CONDENSER(S) AND COOLING TOWER(S) SERVICE 1. REGULAR SCHEDULED MAINTENANCE a. Check fan and motor bearings, lubricate as necessary. b. Check tightness and adjustment of thrust collars on sleeve bearing units and locking collars on ball bearing units. c. Check belt tension and condition. Adjust tension or replace belts as necessary. d. Clean strainer. e. Check for biological growth in sump. Perform water treatment service with biocide agents if necessary. f. Provide the necessary labor and chemicals to properly maintain all water within the heating and cooling circulating system(s) to control metal corrosion, scale formation, biological fouling, or contaminated discharge. g. Clean and flush sump. h. Check the spray distribution system. Check clean and re-orient nozzles as necessary. Adjust and flush out troughs as necessary, i. Check operating water level in the pan and adjust float valve, as necessary, j. Check bleed-off rate and adjust as necessary, k. Check fans and air inlet screens and remove any dirt or debris. 53 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services *ln addition to routine maintenance services detailed in this section, the CONTRACTOR shall inspect and perform all items necessary for water treatment of the cooling tower at DOVE LIBRARY once per month. 2. COOLING TOWER ANNUAL MAINTENANCE a. Check make-up valve for proper operation. Check float ball for buoyancy. b. Check surfaces for scale, sludge and debris, clean as necessary. c. Check access door gaskets and replace as necessary. d. Check the condition of the cooling tower fill. If it is clogged or deteriorated replace it with factory authorized replacement fill. e. Drain the unit and inspect the unit casing. Clean and touch-up any areas showing signs of deterioration. All damaged areas are to be cleaned to bare metal and refinished with Zinc Rich Compound (ZRC). f. Repair any casing joint leaks while the unit is drained. g. Remove any deposits and build up in sump that cannot be removed by flushing. h. Apply an initial biocide treatment. (See water treatment section of the appropriate maintenance manual), i. Check capacity control dampers and rotate through the full range and insure that they do not bind, j. Verify operation and condition of electrical damper controls. Inspect wiring and end switch and verify setting is correct, k. Lubricate all sleeve bearings. Refill each bearing cup several times to saturate the felt wick in the bearing cartridge. Use only factory authorized lubricants. I. Purge ball bearings with new grease, m. Lubricate fan motors and pumps in accordance with the manufacturers instructions, n. Inspect the operating water level seven (7) days after service. Adjust as necessary. NOTE* COOLING TOWER MAINTENANCE AT LIBRARY FACILITIES IS TO OCCUR BETWEEN THE HOURS OF 7:00 PM AND 7:00 AM ONLY. COOLING TOWER MAINTENANCE AT OTHER CITY FACILITIES IS TO OCCUR BETWEEN THE HOURS OF 5:00 PM FRIDAYS THROUGH 7:00 AM MONDAYS. THIS MAINTENANCE WILL NOT BE COMPENSATED AS AFTER HOURS WORK. 54 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services H. FURNACES 1. CONTROLS a. Check pilot. b. Check all limit controls. c. Check pilot safety devices. d. Check gas valve operation. e. Check thermocouple. f. Check all control settings. g. Check thermostat operations. 2. BURNER SECTION a. Check for proper flame. b. Inspect and clean burner orifice. c. Check and adjust primary air. d. Check and clean pilot orifices and igniters. e. Check heat exchanger for cracks. 3. FLUE PIPE a. Inspect for soot, corrosion, and leaks. Clean if required. b. Inspect vent cap. NOTE* FURNACE MAINTENANCE OPERATIONS ARE TO BE SCHEDULED FOR SEPTEMBER TO INSURE THE EQUIPMENT IS IN PROPER OPERATING CONDITION PRIOR TO WINTER. I. VFD'S 1. CONTROLS a. Check all. terminals for tightness. b. Check all disconnects. c. Check all contactors, indicator lights and relays. d. Check all controls for proper operation. e. Clean and dust all VFD cabinets inside and out. 55 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services EQUIPMENT LIST Bid Item 1 2&3 4 5 6 7 8.9&10 11 12 Facility and Address Calavera Community Center 2997 Glasgow Drive City Hall Complex 1200 Carlsbad Village Drive Parks Division Administration and Modular 1166 Carlsbad Village Drive Facilities/Streets Division Administration Complex 405 Oak Avenue Community Swim Complex 3401 Monroe Street City Council Chambers 1200 Carlsbad Village Drive Dove Library 1775 Dove Lane Elmwood House 1255 Elmwood Avenue City Administration 1635 Faraday Avenue SF (Approximate)* 17,400 16,000 1,950 10,000 4,100 2,500 65,000 1,850 68,000 Equipment Listing 4 Package AC Units 5 Exhaust Fans 4 Auxiliary Heaters 2 Package AC Units 1 Split AC System 1 Boiler 1 Chiller 3 Exhaust Fans 4 Water Pumps 1 Split System 2 Heat Pumps 2 Gas/Electric Split Systems 3 Mini AC Split Systems 3 Bard Heat Pumps 4 Utility Heaters 3 Wall Heaters 1 Exhaust Fan 4 Package Heat Pumps 2 Chillers 1 Boiler 3 VFD's 40 VAV's 5 Water Pumps 4 Reheat Coils 7 Air Handlers 1 1 Exhaust Fans 1 Cooling Tower 2 Split AC Systems 1 Gas/Electric Split System 18 Gas/Electric Package Units 21 Split Heat Pumps 6 Exhaust Fans 2 Make-air Fans 1 Ice Machine 56 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Bid Item 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27&28 Facility and Address Fire Station #1 1275 Carlsbad Village Drive Fire Station #2 1906 Arenal Road Fire Station #3 3701 Catalina Drive Fire Station #4 6885 Batiquitos Lane Fire Station #5 2540 Orion Way Fire Station #6 7201 Rancho Santa Fe Rd. Fleet Maintenance 2480 Impala Way Granary 2659 Garfield Street Harding Community Center 3096 Harding Street Heritage Hall 2659 Garfield Street Hiring Center 5958 El Camino Real Holiday House 3235 Eureka Place Kruger House 3215 Eureka Place Learning Center 3368 Eureka Place Cole Library 1250 Carlsbad Village Drive SF (Approximate)* 5,040 3,980 4,100 3,900 12,600 6,190 10,350 575 12,400 1 ,600 280 855 1 ,200 11,400 24,600 Equipment Listing 2 Gas/Electric Split Systems 1 Gas/Electric Split System 1 Gas/Electric Split System 1 Gas/Electric Split System 8 Gas/Electric Package Units 2 Exhaust Fans 3 Gas Electric Package Units 3 Exhaust Fans* *(2-2400&1-1100CFM) 2 Trane Roof Heaters 1 Gas/Electric Package Unit 1 Utility Heater 3 Gas/Electric Package Units 3 Utility Heaters 1 Utility Heater 1 Heat Pump 1 Split System 1 Split System 2 Gas/Electric Package Units* (12 Ton Each)* 1 Split System** (1.5Tonl_iebert)** 1 Chiller (90 Ton) 1 Boiler 5 Air Handlers 4 VFD's 14VAV's 4 Water Pumps 57 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Bid Item 29 30 31 32 33&34 35 36 37 Facility and Address Magee House 258 Beech Railroad Depot 400 Carlsbad Village Drive Scout House 3225 Eureka Place Stagecoach Community Center 3420 Cam/no de los Coches Safety Center 2560 Orion Way Senior Center 799 Pine Ave. Water District 5950 El Cam/no Real Las Palmas 2075 Las Palmas Dr. SF (Approximate)* 4,100 1,600 1,900 17,400 64,000 28,300 18,300 22,300 Equipment Listing 2 Split Systems 2 Furnaces 1 Split System 4 Gas/Electric Package Units 4 Utility Heaters 1 Chiller 1 Boiler 3 Air Handlers 1 Contempo Unit 4 VFD's 66 VAV's 3 Water Pumps 4 Gas/Electric Package Units 1 Split System 18 Exhaust Fans 1 Ice Machine 5 Package Heat Pumps 2 Split Systems 1 VFD 1 Air Handler 1 Boiler 1 Swamp Cooler 1 Exhaust Fan 1 Reach In Refrigerator 1 Reach In Freezer 1 Ice Machine 3 Split Systems 2 Exhaust Fans 5 Package Heat Pumps 17 Package Heat Pumps 1 Split System 1 Exhaust Fan 58 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services Bid Item 38 39 40 Facility and Address Aviara Community Park 6445 Ambrosia Ln. Carrillo Ranch Park 6200 FlyingJ-eo Carrillo Ln. Recreation Modular 3330 Harding St. SF (Approximate)4' 1440 1440 Equipment Listing 2 Bard Heat Pumps 1 Split System 2 Bard Heat Pumps 59 City of Carlsbad Bid No. 10-06 - Contract No. PEM 496 - HVAC Maintenance Services General Liability GOLDEN EAGLE INSURANCE CORPORATION 175 BERKELEY STREET BOSTON, MA 02116 800-688-8661 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Fveference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 10836 0111 4453-7 ."..;. August 21,1997 UNLIMITED-NORMAL Property & Casualty NEW HAMPSHIRE Golden Eagle Insurance Corporation (a member of Liberty Mutual Insurance Companies) A.M. Best #: 012076 NAIC #: 10836 FEIN #: 330763205 Address: 525 B Street San Diego, CA92101 UNITED STATES Phone: 619-744-6000 Fax: 619-744-6011 Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Negative Action: Affirmed Effective Date: April 09, 2009 Issuer Credit Ratings View Definitions Long-Term: a Outlook: Negative Action: Affirmed Date: April 09, 2009 Auto MERCURY INSUELANCE COMPANY 4484 WILSHIRE BLVD LOS ANGELES, CA 90010 800-824-6194 Agent for Service of Process JOANNA MOORE, 555 WEST IMPERIAL HIGHWAY BREA, CA 92821 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 27553 0660 2143-6 November 14, 1973 UNLIMITED-NORMAL Property & Casualty CALIFORNIA Mercury Insurance Company §lPrint this page (a member of Mercury General Group) A.M. Best #: 003574 NAIC #: 27553 #: 952848960 FEIN Address: P.O. Box 54600 Los Angeles, CA 90054 UNITED STATES Phone: 323-937-1060 Fax: 323-857-7116 Web: www.mercuryinsurance.com Best's Ratinqs Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XIII ($1.25 Billion to $1.5 Billion) Outlook: Stable Action: Affirmed Effective Date: September 30, 2009 Issuer Credit Ratings View Definitions Long-Term: aa- Outlook: Stable Action: Affirmed Date September 30, 2009 Workers Comp PREFERRED EMPLOYERS INSURANCE COMPANY 1455 FRAZEE ROAD, SUITE 1000 SAN DIEGO, CA 92108 Agent for Service of Process LINDA R SMITH, 1455 FRAZEE ROAD SUITE 1000 SAN DIEGO, CA 92108 Unable to Locate the Agent for Service of Process? NAIC #: NAIC Group #: California Company ID :.#: Date authorized in California: License Status: Company Type: State of Domicile; Iveference Information 10900 0098 -,.4525-2 . . , May 08, 1998 UNLIMITED-NORMAL Property & Casualty CALIFORNIA Preferred Employers Insurance Company (a member ofW. R. Berkley Group) A.M. Best #: 012191 NAIC #: 10900 FEIN #: 911874671 Address: 1455 Frazee Road, Suite 1000 San Diego, CA92108 UNITED STATES Phone: 619-688-3900 Fax: 888-472-9490 Best's Ratinqs Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 17, 2010 Issuer Credit Ratings View Definitions Long-Term: aa- Outlook: Stable Action: Affirmed Date: May 17, 2010 Excess Liability UNITED NATIONAL INSURANCE COMPANY THREE BALA PLAZA EAST, STE. 300 BALA CYNWYD, PA 19004 Agent for Service of Process COMMISSIONER INSURANCE, 300 CAPITOL MALL, 17TH FLOOR SACRAMENTO, CA 95814 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: NAIC Group #: California Company ID #: Date authorized in California: License Status: '.••;._• Company Type: State of Domicile: •>.-.' 13064 0920 4756-3 September 30, 2002 N/A , ;f ., ,- ACCREDITED REINSURER PENNSYLVANIA^'":''-r-,: United National Insurance Company (a member of United America Indemnity Group) A.M. Best #: 003128 NAIC #: 13064 #: 231581485 Address: Three Bala Plaza, East, Suite 300 Bala Cynwyd, PA 19004 UNITED STATES Phone:610-664-1500 Fax:610-660-8887 Web: www.unitednat.com FEIN Best's Ratinqs Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: X ($500 Million to $750 Million) Outlook: Stable Action: Affirmed Effective Date: June 23, 2009 Issuer Credit Ratings View Definitions Long-Term: a Outlook: Stable Action: Affirmed Date: June 23, 2009 '70 License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: 790514 Extract Date: 06/19/2009 SEASIDE HEATING & AIR CONDITIONING INC 2942 INDUSTRY STREET #A OCEANSIDE, CA 92054 Business Phone Number: (760) 643-1100 Corporation 01/26/2001 01/31/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C20 WARM-AIR HEATING. VENTILATING AND AIR-CONDITIONING C38 REFRIGERATION C-4 BOILER. HOT WATER HEATING AND STEAM FITTING CONTRACTOR'S BOND This license filed Contractor's Bond number 9032661 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) CHARLES DWAYNE BALCAR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/26/2001 This license has workers compensation insurance with the PREFERRED EMPLOYERS INSURANCE COMPANY Policy Number: WKN1209696 Effective Date: 03/01/2009 Expire Date: 03/01/2010 Workers' Compensation History A.CORDT CERTIFICATE OF LIABILITY- '-- Dole (mm/dd/yy) 4/1/2010 Producer Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 License No. 0679263 www.wgbib com 714 505.7000 714573.1770 Insured Seaside Heating & Air Conditioning Inc. 2942 Industry St., Ste. A Oceansidc CA 92054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER Golden Eagle Ins __A INSURER United National Ins Co A B c/o Worldwide Facilities H INSURER Mercury Insurancec INSURER Preferred Employers INSURER E .,*(., ™j 4.^. ^ -4 TIIC POLICIES Or INSUfJANCC LISTED BCLOW HAVE QLTN ISSUCD TO TIIC INSURED NAMED ABOVC FOR TIIC POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUjI TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI6 " NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMB LIMITS GENERAL LIABILITY TICOMMERCIAL GENERAL LIAB 'CLAIMS MADE (TloccuR CBP8715637 EACH OCCURRENCE FIRE DAMAGE [Any one frd MED EXP (Any one person) PERSONAL & ADV INJURY 5EN-L A6& LIMIT Af»Lit5 KK IPOUCY | IPROJCCT FTf GENERAL AGGREGATE PRODUCTS-COMP/C4' AGO 1.000.000 500.000 10.000 1.000.000 2.000.000 2.000.000 AUTOMOBILE LIABILITY Y AUTO ALL OWNED AUTOS SCHEDULED AUTOS 7 HIRED AUTOS 7] NON-OWNED AUTOS Comp $500 Ded CCA0004188 9/18/2010 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) Coll $500 Ded PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ~IANY ALJTo AUTO ONLY • EA ACCIDENT OTHER THANAUTO ONLY:AGG$ EXCESS LIABILITY TjOOCUR f~1 CLAIMS MADE DEDUCTIBLE [RETENTION $ FCX0005970 9/18/2009 9/18/2010 EACH OCCURRENCE 1.000.000 AGGREGATE WORKERS' COMPENSATION & EMPLOYERS' LIABILITY WKN1209697 3/172010 3/1/2011 /fSTATUTORY LIMIT I foTHEH Lfc EL EACH ACCIDENT 1.000.000 EL DISEASE - EA EMPLOYEE 1.000,000 EL DISEASE - POLICY LIMIT 1.000000 DESCRIPTION OF OPERATIONS/LOCAT ONS/VEHICLES/EXCLUSIONS ADDED BY ENDOKSEMENT/SPtCIAL PROVISIONS Cily of Carlsbad is named as additional insureds per attached CG 20 10 07 04. CERTIFICATE HOLDER : CAMCatATIOM A/I City of Carlsbad Attn: Facilities Division 1635 Faraday Carlsbad CA 92008 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL '0' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTATIVES. ' 10 Dayi for Non-Payimnt of Prwnlum. CLIENT COD*-.;. ill PM Pagw , of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On •• • Bate personally appeared NMUAR. CAMS 11741312 Omp County Mr Count. EufeM Aw 23.2011 who proved to me on the basis of satisfactory evidence to be the person^ whose name^ is subscribed to the within instrument and acknowledged to me that he/sl)e/th§y* executed the same in authorized capacity(idS), and that by signature]^ on the instrument the person(s£ or the entity upon behalf of which the personO^facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. # Place Notary Seal and/or Stamp Above Signature: OPTIONAL — Signature Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaitachment of this form to another document. Description of Attached Document Title or Type of Document: /** *••-&T ^J^^i /? Document Date:d j Number of Pages: Signers Name:. D Corporate Officer — Titte(s): u Individual Partner — D Limited u GeneralTop of thumb here u Attorney in Fact ! I Trustee L ) Guardian or Conservator u other: igner Is Representm Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -) ^iYULS 0 - Q..U iZ Corporate Officer — Title(s): u Individual • j Partner — [l Limited Q General D Attorney in Fact C Trustee H Guardiaaor Conservator V Other: L& 62008 National Notary Association- 9350 C* Solo Ave,, P.O.Box 2402 • Chatsworth,CA 91313-2402' www.NatlonalNotary.oip ltem»S907 Reorder; Call Toll-Fnw 1-800-87^6827 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.eCertsONLINE.com CEUT NO.: /11366* CLIENT CODE: SEASI-1 Karlad Spagnoli Vl/201!: 4:45,01 PM Page 2 of 3