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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2019-06-27; PSA19-817GSPSA19-817GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR HVAC MAINTENANCE SERVICES SEASIDE HEATING & AIR CONDITIONING, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated June 27, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Seaside Heating & Air Conditioning, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for HVAC maintenance services. RECITALS A. On June 26, 2020, the Parties executed Amendment No.1 to the Agreement to extend and amend the agreement for HVAC Maintenance Services; and B. The Parties desire to alter the Agreement’s scope of work to require contractor to install air filters with a Minimum Efficiency Reporting Value (MERV) of 13 in all City facilities in response to the Covid-19 health emergency; and C. The Parties desire to add the following contract provisions required by 2 CFR 200, Appendix II, section 1 – 6, 11 and 12, FEMA Required Provisions. The City and Contractor shall comply with all applicable requirements of the Federal Emergency Management Agency (FEMA) which are outlined in Exhibit "B”, which is attached and incorporated by this reference. D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed sixty-one thousand four hundred ninety- seven dollars ($61,497). 2. The following language is added to the Agreement as paragraph number 17-A and is hereby added as Exhibit “B” which is attached and incorporated by this reference 3. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed twenty-six thousand eight hundred dollars ($26,800). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4.Contractor will complete all work described in Exhibit “A and B” by June 25, 2021. 5.All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect. 6.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 14th September PSA19-817GS City Attorney Approved Version 1/30/13 2 7.The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SEASIDE HEATING & AIR CONDITIONING, INC., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Jimmie Sebring/CEO & President (print name/title) By: (sign here) Charles Balcar/CFO & Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 PSA19-817GS City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Contractor shall provide all labor, equipment and materials necessary to replace all HVAC air filters with filters that have a Minimum Efficiency Reporting Value (MERV) of 13. If installation of the MERV 13 filters causes unforeseen adverse impacts to any of the HVAC systems, contractor shall make adjustments as needed. Compensation for adjustments shall be made at the current hourly prevailing wage. In addition to those services contained in the Agreement, as may have been amended from time to time, contractor shall comply with the terms and conditions set forth in Exhibit B, attached hereto. Revise the contract as noted: PREVENTATIVE MAINTENANCE TASKS AND SCHEDULES 6. Air FiltersAll replacement air filters for equipment serviced under this agreement shall be pleatedEcoaire E35 or approved equivalent and shall have a Minimum Efficiency Reporting Valueof 13. FEE Item Quantity Fee Total Install MERV 13 filters Quarterly 3 $5,600 $16,800 As Needed Hourly Contingency $/hr. $10,000 $10,000 TOTAL $26,800 Original Contract Amount $34,697 Revised Not-to-Exceed Contract Amt $61,497 DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 PSA19-817GS 4 Exhibit A (continued) DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 PSA19-817GS 5 EXHIBIT “B” 1.The contractor acknowledges Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract only. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2.The contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 3.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City of Carlsbad, contractor, or any other party pertaining to any matter resulting from the contract. 4.The contractor acknowledges that 31 U.S.C. Sections 3801-3812 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. 5.Access to Records. The following access to records requirements apply to this contract: (A)The contractor agrees to provide the City of Carlsbad, the FEMA Administrator, theComptroller General of the United States, or any of their authorized representativesaccess to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts, and transcriptions. (B)The contractor agrees to permit any of the foregoing parties to reproduce by anymeans whatsoever or to copy excerpts and transcriptions as reasonably needed. (C)The contractor agrees to provide the FEMA Administrator or authorizedrepresentatives access to construction or other work sites pertaining to the work beingcompleted under the contract. (D) In compliance with the Disaster Recovery Act of 2018 (Pub. L. No. 115-254, §§ 1201- 1246 (2018)), the City of Carlsbad and the contractor acknowledge and agree that nolanguage in this contract is intended to prohibit audits or internal reviews by the FEMAAdministrator or the Comptroller General of the United States. 6.Suspension and Debarment (A)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that neither the contractor nor itsprincipals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 11.Procurement of Recovered Materials. (A) In the performance of this contract, the Contractor shall make maximum use ofproducts containing recovered materials that are EPA-designated items unless theproduct cannot be acquired: DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 PSA19-817GS 6 (i) Competitively within a timeframe providing for compliance with the contractperformance schedule; (ii) Meeting contract performance requirements; or(iii) At a reasonable price. (B) Information about this requirement, along with the list of EPA-designated items, isavailable at EPA’s Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amendedby the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). 12.To the extent any Federally mandated provisions incorporated by Exhibit B conflict with other terms and provisions of this Agreement, the Federally mandated provision(s) shallprevail. Exhibit B (continued) DocuSign Envelope ID: 40781C5A-599B-4B6C-86C4-383E2F3087F9 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Wood Gutmann & Bogart Insurance BrokersLicense #067926315901 Red Hill Ave., Suite 100Tustin CA 92780 Bobbie Mace 714-824-8373 714-573-1770 BMace@wgbib.com Middlesex Insurance Company 23434 SEASI-1 Insurance Company of the West 27847Seaside Heating & Air Conditioning, Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 864427407 A X 1,000,000 100,000 X 1,000,000 2,000,000 2,000,000 A0112596004 9/18/2019 9/18/2020YY 5,000 A 1,000,000 X X X X Comp $500Ded X Coll $500Ded A0112596004 9/18/2019YY 9/18/2020 A X X 3,000,000 X NIL A0112596004 9/18/2019 9/18/2020YY B Y WSD502592006 3/1/2020 3/1/2021 1,000,000 1,000,000 1,000,000 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 2/28/2020 X City of Carlsbad/CMWD, its officers, officials, employees, agents and volunteers are named as additional insured on the General Liability per attached CG 2010 04 13 and CG 20 37 04 13 as required by written contract subject to the terms and conditions of the policy. Waiver of Subrogation applies to the Workers'Compensation per attached WC 99 06 34. City of Carlsbad/CMWDAttn: Contract Administration1635 Faraday AvenueCarlsbad CA 92008 © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage All locations and jobs performed that have a written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. A0112596004 Page 1 of 1CG 20 37 04 13 09/03/2019A0112596 Middlesex Insurance Company 00001 0000000000 19246 0 N1 d7ce095b-3fe8-4804-b2b3-73bc475497ded7ce095b-3fe8-4804-b2b3-73bc475497de Page 1 of 2CG 20 10 04 13 09/03/2019A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All locations per written contract, agreement or permit Description: All jobs performed that have a written contract, agreement or permit Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage A0112596004 00001 0000000000 19246 0 N1 5875d75c-ca0a-4881-ba68-ab63c6af96415875d75c-ca0a-4881-ba68-ab63c6af9641 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 09/03/2019A0112596 Middlesex Insurance Company PSA19-817GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR HVAC MAINTENANCE SERVICES SEASIDE HEATING & AIR CONDITIONING, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated June 27, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Seaside Heating & Air Conditioning, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for HVAC maintenance services. RECITALS A. The Parties desire to alter the Agreement’s compensation rates for some of the contracted items and to add routine preventive maintenance services at New Village Arts (Bauer Building) 2787 State Street; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In lieu of those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-four thousand six hundred ninety-seven dollars ($34,697). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed four thousand nine hundred forty-two dollars ($4,942). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A and B” by June 25, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 June 26th PSA19-817GS City Attorney Approved Version 1/30/13 2 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SEASIDE HEATING & AIR CONDITIONING, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Jimmie Sebring/CEO & President (print name/title) By: (sign here) Charles Balcar/CFO & Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Vendors Proposed cost of Service Chart performed in accordance with Exhibit “B”. Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 1 Routine Preventative Maintenance: Alga Norte Community Park 6565 Alicante Rd 4 $560.00 Per Occurrence $2,240.00 Extended 4 Package AC Units 5 Exhaust Fans 4 Auxiliary Heaters 1 Mini Split 2 Routine Preventative Maintenance: Calavera Community Center 2997 Glasgow Drive 4 $140.00 Per Occurrence $560.00 Extended 4 Package AC Units 3 Routine Preventative Maintenance: City Hall Complex 1200 Carlsbad Village Drive 4 $365.00 Per Occurrence $1,460.00 Extended 2 Package AC Units 1 Split AC System 1 Boiler 1 Chiller 3 Exhaust Fans 4 Water Pumps 2 Multi Zone Air Handlers 4 Annual Chiller Preventative Maintenance: City Hall Complex 1200 Carlsbad Village Drive 1 $500.00 Per Occurrence $500.00 Extended 1 Chiller 5 Routine Preventative Maintenance: City Council Chambers. 1200 Carlsbad Village Drive 4 $85.00 Per Occurrence $340.00 Extended 4 Package Heat Pumps 2 Mini Split Systems 6 Routine Preventative Maintenance: Elmwood House 1255 Elmwood Avenue 4 $45.00 Per Occurrence $180.00 Extended 1 Gas/Electric Split System 7 Routine Preventative Maintenance: Faraday Administration 1635 Faraday Avenue 4 $1,000.00 Per Occurrence $4,000.00 Extended 20 Gas/Electric Package Units 22 Split Heat Pumps 6 Exhaust Fans 2 Make-air Fans 1 Ice Machine DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 4 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 8 Routine Preventative Maintenance: Facilities/Streets Div. Administration Complex. 405 Oak Avenue 4 $145.00 Per Occurrence $580.00 Extended 2 Gas/Electric Split Systems 3 Mini AC Split Systems 3 Bard Heat Pumps 4 Utility Heaters 9 Routine Preventative Maintenance: Fire Station #1 1275 Carlsbad Village 4 $60.00 Per Occurrence $240.00 Extended 2 Gas/Electric Split System 1 Split system heat pump 10 Routine Preventative Maintenance: Fire Station #2 1906 Arenal Road 4 $50.00 Per Occurrence $200.00 Extended 1 Gas/Electric Split System 11 Routine Preventative Maintenance: Fire Station #3 3465 Trailblazer Way, 4 $180.00 Per Occurrence $720.00 Extended 15 Exhaust Fans 5 Rooftop Packages 1 Split Systems 12 Routine Preventative Maintenance: Fire Station #4 6885 Batiquitos Lane 4 $50.00 Per Occurrence $200.00 Extended 1 Gas/Electric Split System 13 Routine Preventative Maintenance: Fire Station #5 2540 Orion Way 4 $230.00 Per Occurrence $920.00 Extended 8 Gas/Electric Package Units 2 Exhaust Fans 1 Ice Machine 14 Routine Preventative Maintenance: Fire Station #6 7201 Rancho Santa Fe Road 4 $228.00 Per Occurrence $912.00 Extended 3 Gas Electric Package Units 3 Exhaust Fans (2-2400 &1-1100 CFM) 1 Ice Machine 15 Routine Preventative Maintenance: Fleet Maintenance 2480 Impala Way 4 $100.00 Per Occurrence $400.00 Extended 2 Trane Roof Heaters 1 Gas/Electric Package Unit 4 Exhaust Fans 16 Routine Preventative Maintenance: Granary 2659 Garfield 1 $ 30.00 Per Occurrence $30.00 Extended 1 Utility Heater 17 Routine Preventative Maintenance: Harding Community Center 4 $100.00 Per Occurrence $400.00 Extended Amount 3 Split Systems 2 Utility Heaters 3 Exhaust Fans Exhibit A (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 5 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 18 Routine Preventative Maintenance: Heritage Hall 2659 Garfield 1 $40.00 Per Occurrence $40.00 Extended 1 Utility Heater 19 Routine Preventative Maintenance: Holiday House 3235 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 20 Routine Preventative Maintenance: Kruger House 3215 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 21 Routine Preventative Maintenance: Las Palmas 2075 Las Palmas 4 $460.00 Per Occurrence $1,840.00 Extended 3 Split Systems 2 Exhaust Fans 5 Package Heat Pumps 22 Routine Preventative Maintenance: Leo Carrillo Ranch 6200 Flying Leo Carrillo Way 4 $90.00 Per Occurrence $360.00 Extended 2 Split Systems 1 Mini Split 4 Zone 23 Routine Preventative Maintenance: Library-Cole 1250 Carlsbad Village Drive 4 $525.00 Per Occurrence $2,100.00 Extended 1 Chiller (90 Ton) 1 Boiler 5 Air Handlers 4 VFD’s 14 VAV’s 4 Water Pumps 6 Mini Splits 24 Annual Chiller Preventative Maintenance: Library-Cole 1250 Carlsbad Village Drive 1 $500.00 Per Occurrence $500.00 Extended 1 Chiller (90 Ton) 25 Routine Preventative Maintenance: Library -Dove 1775 Dove Lane 4 $640.00 Per Occurrence $2,560.00 Extended 2 Chillers 1 Boiler 7 VFD’s 5 Water Pumps 7 Air Handlers 11 Exhaust Fans 1 Cooling Tower 3 Split AC Systems 1 Mini Split System Exhibit A (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 6 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 26 Annual Chiller & Cooling Tower Preventative Maintenance: Library -Dove 1775 Dove Lane 1 $1,500.00 Per Occurrence $1,500.00 Extended 2 Chillers 1 Cooling Tower 27 Monthly Cooling Tower Water Treatment: Library -Dove 1775 Dove Lane 12 $150.00 Per Occurrence $1,800.00 Extended 1 Cooling Tower 28 Routine Preventative Maintenance: Library Learning Center 3368 Eureka Place 4 $120.00 Per Occurrence $480.00 Extended 2 Gas/Electric Package Units (12 Ton Each) 1 Split System (1.5 Ton Liebert) 29 Routine Preventative Maintenance: Magee House 258 Beech 4 $40.00 Per Occurrence $160.00 Extended 2 Split Systems 30 Routine Preventative Maintenance: Monroe Pool 3401 Monroe Street 4 $65.00 Per Occurrence $260.00 Extended 3 Wall Heaters 1 Exhaust Fan 31 Routine Preventative Maintenance: New Village Arts (Bauer Building) 2787 State Street 4 $420.00 Per Occurrence $1,680.00 Extended 3 Hp Rtu 2 Hp Split 32 Routine Preventative Maintenance: Parks Division Administration and Modular. 1166 Carlsbad Village Drive 4 $65.00 Per Occurrence $260.00 Extended 3 Split System 2 Wall Mounts 33 Routine Preventative Maintenance: Pine Ave Park 3209 Harding Street 4 $300 Per Occurrence $1,200.00 Extended 1 Exhaust Fan 10 Split Systems 2 Rooftop Package Units 34 Routine Preventative Maintenance: Railroad Depot 400 Carlsbad Village Drive 1 $55.00 Per Occurrence $55.00 Extended 2 Furnaces Exhibit A (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 7 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 35 Routine Preventative Maintenance: Safety Center 2560 Orion Way 4 $630.00 Per Occurrence $2,520.00 Extended 1 Boiler 4 Air Handlers 2 Mini Splits 4 VFD’s 3 Water Pumps 4 Gas/Electric Package Units 2 Split System 18 Exhaust Fans 1 Ice Machine 36 Annual Chiller Preventative Maintenance: Safety Center 2560 Orion Way 1 $500.00 Per Occurrence $500.00 Extended 1 Chiller 37 Routine Preventative Maintenance: Scout House 3225 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 38 Routine Preventative Maintenance: Senior Center 799 Pine Avenue 4 $370.00 Per Occurrence $1,480.00 Extended 5 Package Heat Pumps 3 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 39 Routine Preventative Maintenance: Stagecoach Community Ctr. 3420 Camino de los Coches 4 $140.00 Per Occurrence $560.00 Extended 4 Gas/Electric Package Units 40 Routine Preventative Maintenance: Water District 5950 El Camino Real 4 $120.00 Per Occurrence $480.00 Extended 3 Split Systems 2 Exhaust Fans 5 Package Heat Pumps Total Amount of Maintenance Per Agreement Year $34,697.00 Exhibit A (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 8 EXHIBIT “B” CITY OF CARLSBAD HVAC MAINTENANCE SERVICES MANNER OF PERFORMING SERVICES PART I GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. “AGREEMENT ITEM” – Individual items of work in the CONTRACTOR’S Proposed Cost of Service Chart 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 Deputy City Manager of Public Works’ designee for 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. “INSPECTOR” - The CITY’S field representative for work performed by the CONTRACTOR. G. “PERIODIC INSPECTION” – Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. “PREVENTATIVE MAINTENANCE” – Work specified in the Proposed Cost of Service Chart of this agreement that consist of work performed by the Contractor at a fixed price cost. I. “PUBLIC WORKS MANAGER” - The official designated as the Public Works General Services Division Manager, or any of their authorized representatives. 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. DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 9 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 AGREEMENT ITEM price. 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 shall be performed in accordance with accepted standards for HVAC maintenance to the satisfaction of the CONTRACT ADMINISTRATOR or their designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACT ADMINISTRATOR may require the CONTRACTOR to complete a Contractor Daily Report listing work performed under this agreement. Contractor Daily Reports shall indicate the date of service, time of service, service performed, the technician performing service, work order number, purchase order number and any other information that may affect current or future operation of the HVAC systems. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR electronic copies of these Contractor Daily Reports within 24 hours of a service. The CONTRACTOR shall report these locations, by address, to CITY’S CONTRACT ADMINISTRATOR or designee. Deductions may be made from the CONTRACTOR’S payments at a rate of 5% per affected AGREEMENT ITEM if maintenance tasks are not reported to CITY within the time allowed. 1.06 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 may result in a 5% reduction in payment per affected AGREEMENTITEM to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 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. 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 in Exhibit A. 2.02 The detailed preventative maintenance requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Exhibit B. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 10 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present invoices in a timely manner. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted within seven (7) days after the completion of the work, and 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 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 with the date and time completed and correctly extended totals for each individual AGREEMENT ITEM. 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 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 their discretion, add new HVAC equipment to be maintained 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 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. 3.04 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. 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 Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 11 this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 4.02 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. 4.03 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. 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 HVAC equipment. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 12 6.03 The CONTRACTOR shall advise the CITY of required inspections to satisfy all regulating agencies requirements to ensure uninterrupted services of the CITY’S HVAC systems. 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, and all at the CONTRACTOR'S expense. 8.00 SAFETY 8.01 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 of 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. 8.02 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. 9.00 HOURS AND DAYS OF SERVICES 9.01 The acceptable daily hours of routine preventative maintenance services shall be 7 AM to 5 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 AGREEMENT Item price for these services and additional compensation shall not be provided. 9.02 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. 10.00 CONTRACTOR'S STAFF AND TRAINING 10.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 10.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks on all personnel providing HVAC services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 13 security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 10.03 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR a list of the CONTRACTOR’S staff that will work at all CITY facilities over the course of the contract period. Upon satisfactorily completing the background check referenced in 10.02, CONTRACTOR’S staff will be issued a CITY RFID badge which will allow limited access to some CITY facilities during normal business hours. In the event a CONTRACTOR’S employee has lost their CITY issued RFID badge, the CONTRACTOR must notify the CONTRACTOR ADMINISTRATOR immediately. In the event a CONTRACTOR’S staff member, who was issued an RFID badge has their employment terminated, the CONTRACTOR must notify the CONTRACT ADMINISTATOR immediately of the separation, and retrieve the CITY issued RFID badge from the from the former employee. The CONTRACTOR shall return the badge to the CONTRACT ADMINISTRATOR within twenty-four (24) hours of separation. Any loss, or damages to CITY facilities as a result of the CONTRACTOR’S staff misuses, or failure to report a lost badge will be at the CONTRACTOR’S expense as referenced in section 7.0. 10.04 CONTRACTOR’S personnel shall possess the minimum qualifications for the position in which each is working. 10.05 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 7 AM to 5 PM Monday through Friday. 10.06 Each crew of CONTRACTOR'S employees shall include at least one individual who can communicate effectively and proficiently with CONTRACT ADMINISTRATOR or City personnel. 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. 10.07 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 Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 14 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. 10.08 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 objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 10.09 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. 11.00 NON-INTERFERENCE - NOISE 11.01 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. 11.02 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. 12.00 DRUG AND ALCOHOL FREE WORKPLACE 12.01 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 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”. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 15 13.00 ASSIGNMENT OF CONTRACT 13.01 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 16 EXHIBIT “B” CITY OF CARLSBAD HVAC MAINTENANCE SERVICES MANNER OF PERFORMING SERVICES Part II MAINTENANCE QUALITY STANDARDS Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 17 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 Strict adherence to all local, state and federal safety regulations is required. 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. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 18 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 included in non-routine maintenance and 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 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 anticipated equipment failures 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 anticipated equipment failures 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 anticipated equipment failures of these component items in the service report. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 19 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 anticipated equipment failures 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, 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 anticipated equipment failures 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 AGREEMENT ITEM price for routine preventative maintenance and no other compensation will be provided. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 20 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. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 21 c. Clean evaporator coil. d. Add algaecide as required. e. Check (and clear as needed) condensation discharge lines. 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. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 22 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. e. Check (and clear as needed) condensation discharge lines. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. 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. l. 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 Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 23 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. 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. e. Check (and clear as needed) condensation discharge lines. 6. ECONOMIZER a. Lubricate all linkages. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 24 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. 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. g. 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. h. 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 Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 25 regulatory agencies, Federal, State, and Local, and shall meet all existing pollution control standards. i. 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. j. 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. 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, and eliminate minor leaks. g. Check, calibrate, and record all operating and safety controls. h. Check starter operation, record voltage and current. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 26 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. l. 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 27 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 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 and 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 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 Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 28 608 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 eliminate 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 9:00 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. *In 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 29 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. Eliminate 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. l. Purge ball bearings with new grease. m. Lubricate fan motors and pumps in accordance with the manufacturer’s 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 9:00 PM AND 7:00 AM ONLY. THIS MAINTENANCE WILL NOT BE COMPENSATED AS AFTER-HOURS WORK. 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 ENSURE THE EQUIPMENT IS IN PROPER OPERATING CONDITION PRIOR TO WINTER. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 PSA19-817GS City Attorney Approved Version 1/30/13 30 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. Exhibit B (continued) DocuSign Envelope ID: B30B654D-95E5-4B44-9AFD-728CCE5FE995 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Wood Gutmann &Bogart Insurance BrokersLicense#067926315901RedHillAve.,Suite 100TustinCA92780 Bobbie Mace 714-824-8373 714-573-1770 BMace@wgbib.com Middlesex Insurance Company 23434 SEASI-1 Insurance Company of the West 27847SeasideHeating&Air Conditioning,Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 864427407 A X 1,000,000 100,000 X 1,000,000 2,000,000 2,000,000 A0112596004 9/18/2019 9/18/2020YY 5,000 A 1,000,000 X X X X Comp$500Ded X Coll $500Ded A0112596004 9/18/2019YY 9/18/2020 A X X 3,000,000 X NIL A0112596004 9/18/2019 9/18/2020YY B Y WSD502592006 3/1/2020 3/1/2021 1,000,000 1,000,000 1,000,000 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 2/28/2020 X City of Carlsbad/CMWD,its officers,officials,employees,agents and volunteers are named as additional insured on the General Liability per attached CG 20100413andCG20370413asrequiredbywrittencontractsubjecttothetermsandconditionsofthepolicy.Waiver of Subrogation applies to the Workers'Compensation per attached WC 99 06 34. City of Carlsbad/CMWDAttn:Contract Administration1635FaradayAvenueCarlsbadCA92008 © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage All locations and jobs performed that have a written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. A0112596004 Page 1 of 1CG 20 37 04 13 09/03/2019A0112596 Middlesex Insurance Company 00001 0000000000 19246 0 N1 d7ce095b-3fe8-4804-b2b3-73bc475497ded7ce095b-3fe8-4804-b2b3-73bc475497de Page 1 of 2CG 20 10 04 13 09/03/2019A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All locations per written contract, agreement or permit Description: All jobs performed that have a written contract, agreement or permit Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage A0112596004 00001 0000000000 19246 0 N1 5875d75c-ca0a-4881-ba68-ab63c6af96415875d75c-ca0a-4881-ba68-ab63c6af9641 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 09/03/2019A0112596 Middlesex Insurance Company PSA19-817GS City Attorney Approved Version 6/12/18 1 AGREEMENT FOR HVAC MAINTENANCE SERVICES SEASIDE HEATING & AIR CONDITIONING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SEASIDE HEATING & AIR CONDITIONING, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in HVAC maintenance services. B. Contractor has the necessary experience in providing professional services and advice related to HVAC maintenance services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 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. 3. TERM The term of this Agreement will be effective for a period of one (1) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-nine thousand seven hundred fifty-five dollars ($29,755). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 27th June PSA19-817GS City Attorney Approved Version 6/12/18 2 during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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. The payment made to Contractor pursuant to the 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. 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. 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 3 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. 11. 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-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 4 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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. 14. 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 work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. 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. /// /// /// /// /// /// DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Charles Balcar Title Public Works Superintendent Title CEO Department Public Works Address 1359 Rocky Point Drive City of Carlsbad Oceanside, CA 92056 Address 405 Oak Ave Phone No. 760-643-1100 Carlsbad, CA 92008 Email cb@seasidehvac.com Phone No. 760-434-2944 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. 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 whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. The DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 6 City Manager 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 will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. 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 thirty (30) 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. 21. 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. 22. 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 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. 23. 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 DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 7 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. 24. 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 nor 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. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 8 26. 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, SEASIDE HEATING & CITY OF CARLSBAD, a municipal corporation of the State of California AIR CONDITIONING, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Charles Balcar / CFO, Secretary (print name/title) By: (sign here) Jimmie Sebring / President, CEO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Vendors Proposed cost of Service Chart performed in accordance with Exhibit “B”. Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 1 Routine Preventative Maintenance: Alga Norte Community Park 6565 Alicante Rd 4 $560.00 Per Occurrence $2,240.00 Extended 4 Package AC Units 5 Exhaust Fans 4 Auxiliary Heaters 1 Mini Split 2 Routine Preventative Maintenance: Calavera Community Center 2997 Glasgow Drive 4 $140.00 Per Occurrence $560.00 Extended 4 Package AC Units 3 Routine Preventative Maintenance: City Hall Complex 1200 Carlsbad Village Drive 4 $365.00 Per Occurrence $1,460.00 Extended 2 Package AC Units 1 Split AC System 1 Boiler 1 Chiller 3 Exhaust Fans 4 Water Pumps 2 Multi Zone Air Handlers 4 Annual Chiller Preventative Maintenance: City Hall Complex 1200 Carlsbad Village Drive 1 $1,000.00 Per Occurrence $1,000.00 Extended 1 Chiller 5 Routine Preventative Maintenance: City Council Chambers. 1200 Carlsbad Village Drive 4 $85.00 Per Occurrence $340.00 Extended 4 Package Heat Pumps 2 Mini Split Systems 6 Routine Preventative Maintenance: Elmwood House 1255 Elmwood Avenue 4 $45.00 Per Occurrence $180.00 Extended 1 Gas/Electric Split System 7 Routine Preventative Maintenance: Faraday Administration 1635 Faraday Avenue 4 $600.00 Per Occurrence $2,400.00 Extended 20 Gas/Electric Package Units 22 Split Heat Pumps 6 Exhaust Fans 2 Make-air Fans 1 Ice Machine DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 10 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 8 Routine Preventative Maintenance: Facilities/Streets Div. Administration Complex. 405 Oak Avenue 4 $105.00 Per Occurrence $420.00 Extended 2 Gas/Electric Split Systems 3 Mini AC Split Systems 3 Bard Heat Pumps 4 Utility Heaters 9 Routine Preventative Maintenance: Fire Station #1 1275 Carlsbad Village 4 $60.00 Per Occurrence $240.00 Extended 2 Gas/Electric Split System 1 Split system heat pump 10 Routine Preventative Maintenance: Fire Station #2 1906 Arenal Road 4 $50.00 Per Occurrence $200.00 Extended 1 Gas/Electric Split System 11 Routine Preventative Maintenance: Fire Station #3 3465 Trailblazer Way, 4 $140.00 Per Occurrence $560.00 Extended 15 Exhaust Fans 5 Rooftop Packages 1 Split Systems 12 Routine Preventative Maintenance: Fire Station #4 6885 Batiquitos Lane 4 $50.00 Per Occurrence $200.00 Extended 1 Gas/Electric Split System 13 Routine Preventative Maintenance: Fire Station #5 2540 Orion Way 4 $160.00 Per Occurrence $720.00 Extended 8 Gas/Electric Package Units 2 Exhaust Fans 1 Ice Machine 14 Routine Preventative Maintenance: Fire Station #6 7201 Rancho Santa Fe Road 4 $60.00 Per Occurrence $240.00 Extended 3 Gas Electric Package Units 3 Exhaust Fans (2-2400 &1-1100 CFM) 1 Ice Machine 15 Routine Preventative Maintenance: Fleet Maintenance 2480 Impala Way 4 $100.00 Per Occurrence $400.00 Extended 2 Trane Roof Heaters 1 Gas/Electric Package Unit 4 Exhaust Fans 16 Routine Preventative Maintenance: Granary 2659 Garfield 1 $ 30.00 Per Occurrence $30.00 Extended 1 Utility Heater 18 Routine Preventative Maintenance: Heritage Hall 2659 Garfield 1 $40.00 Per Occurrence $40.00 Extended 1 Utility Heater DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 11 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 19 Routine Preventative Maintenance: Holiday House 3235 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 20 Routine Preventative Maintenance: Kruger House 3215 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 21 Routine Preventative Maintenance: Las Palmas 2075 Las Palmas 4 $335.00 Per Occurrence $1,340.00 Extended 3 Split Systems 2 Exhaust Fans 5 Package Heat Pumps 22 Routine Preventative Maintenance: Leo Carrillo Ranch 6200 Flying Leo Carrillo Way 4 $40.00 Per Occurrence $160.00 Extended 2 Split Systems 23 Routine Preventative Maintenance: Library-Cole 1250 Carlsbad Village Drive 4 $525.00 Per Occurrence $2,100.00 Extended 1 Chiller (90 Ton) 1 Boiler 5 Air Handlers 4 VFD’s 14 VAV’s 4 Water Pumps 6 Mini Splits 24 Annual Chiller Preventative Maintenance: Library-Cole 1250 Carlsbad Village Drive 1 $1,000.00 Per Occurrence $1,000.00 Extended 1 Chiller (90 Ton) 25 Routine Preventative Maintenance: Library -Dove 1775 Dove Lane 4 $640.00 Per Occurrence $2,560.00 Extended 2 Chillers 1 Boiler 7 VFD’s 41 VAV’s 5 Water Pumps 4 Reheat Coils 7 Air Handlers 11 Exhaust Fans 1 Cooling Tower 3 Split AC Systems 1 Mini Split System DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 12 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 26 Annual Chiller & Cooling Tower Preventative Maintenance: Library -Dove 1775 Dove Lane 1 $1,500.00 Per Occurrence $1,500.00 Extended 2 Chillers 1 Cooling Tower 27 Monthly Cooling Tower Water Treatment: Library -Dove 1775 Dove Lane 12 $150.00 Per Occurrence $1,800.00 Extended 1 Cooling Tower 28 Routine Preventative Maintenance: Library Learning Center 3368 Eureka Place 4 $120.00 Per Occurrence $480.00 Extended 2 Gas/Electric Package Units (12 Ton Each) 1 Split System (1.5 Ton Liebert) 29 Routine Preventative Maintenance: Magee House 258 Beech 4 $40.00 Per Occurrence $160.00 Extended 2 Split Systems 30 Routine Preventative Maintenance: Monroe Pool 3401 Monroe Street 4 $65.00 Per Occurrence $260.00 Extended 3 Wall Heaters 1 Exhaust Fan 31 Routine Preventative Maintenance: Parks Division Administration and Modular. 1166 Carlsbad Village Drive 4 $65.00 Per Occurrence $260.00 Extended 2 Split System 2 Wall Mounts 32 Routine Preventative Maintenance: Pine Ave Park 3209 Harding Street 4 $260 Per Occurrence $1,040 Extended 1 Exhaust Fan 10 Split Systems 2 Rooftop Package Units 33 Routine Preventative Maintenance: Railroad Depot 400 Carlsbad Village Drive 1 $45.00 Per Occurrence $45.00 Extended 2 Furnaces DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 13 Item No. Description Estimated Quantity and Units* Unit Price Annual Total Equipment List 34 Routine Preventative Maintenance: Safety Center 2560 Orion Way 4 $440.00 Per Occurrence $1,760.00 Extended 1 Boiler 3 Air Handlers 2 Mini Splits 4 VFD’s 66 VAV’s 3 Water Pumps 4 Gas/Electric Package Units 2 Split System 18 Exhaust Fans 1 Ice Machine 35 Annual Chiller Preventative Maintenance: Safety Center 2560 Orion Way 1 $1,000.00 Per Occurrence $1,000.00 Extended 1 Chiller 36 Routine Preventative Maintenance: Scout House 3225 Eureka Place 4 $40.00 Per Occurrence $160.00 Extended 1 Split System 37 Routine Preventative Maintenance: Senior Center 799 Pine Avenue 4 $325.00 Per Occurrence $1,300.00 Extended 5 Package Heat Pumps 3 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 38 Routine Preventative Maintenance: Stagecoach Community Ctr. 3420 Camino de los Coches 4 $140.00 Per Occurrence $560.00 Extended 4 Gas/Electric Package Units 39 Routine Preventative Maintenance: Water District 5950 El Camino Real 4 $120.00 Per Occurrence $480.00 Extended 3 Split Systems 2 Exhaust Fans 5 Package Heat Pumps Total Amount of Maintenance Per Agreement Year $29,755.00 DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 14 EXHIBIT “B” CITY OF CARLSBAD HVAC MAINTENANCE SERVICES MANNER OF PERFORMING SERVICES PART I GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. “AGREEMENT ITEM” – Individual items of work in the CONTRACTOR’S Proposed Cost of Service Chart 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 Deputy City Manager of Public Works’ designee for 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. “INSPECTOR” - The CITY’S field representative for work performed by the CONTRACTOR. G. “PERIODIC INSPECTION” – Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. “PREVENTATIVE MAINTENANCE” – Work specified in the Proposed Cost of Service Chart of this agreement that consist of work performed by the Contractor at a fixed price cost. I. “PUBLIC WORKS MANAGER” - The official designated as the Public Works General Services Division Manager, or any of their authorized representatives. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 15 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 AGREEMENT ITEM price. 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 shall be performed in accordance with accepted standards for HVAC maintenance to the satisfaction of the CONTRACT ADMINISTRATOR or their designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACT ADMINISTRATOR may require the CONTRACTOR to complete a Contractor Daily Report listing work performed under this agreement. Contractor Daily Reports shall indicate the date of service, time of service, service performed, the technician performing service, work order number, purchase order number and any other information that may affect current or future operation of the HVAC systems. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR electronic copies of these Contractor Daily Reports within 24 hours of a service. The CONTRACTOR shall report these locations, by address, to CITY’S CONTRACT ADMINISTRATOR or designee. Deductions may be made from the CONTRACTOR’S payments at a rate of 5% per affected AGREEMENT ITEM if maintenance tasks are not reported to CITY within the time allowed. 1.06 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 may result in a 5% reduction in payment per affected AGREEMENTITEM to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 16 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 in Exhibit A. 2.02 The detailed preventative maintenance requirements and equipment list requiring service under the provisions of this CONTRACT are detailed in Exhibit B. 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 invoices in a timely manner. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted within seven (7) days after the completion of the work, and 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 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 with the date and time completed and correctly extended totals for each individual AGREEMENT ITEM. 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 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 their discretion, add new HVAC equipment to be maintained 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 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. 3.04 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 DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 17 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. 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. 4.02 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. 4.03 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. 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 HVAC equipment. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 18 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 to satisfy all regulating agencies requirements to insure uninterrupted services of the CITY’S HVAC systems. 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, and all at the CONTRACTOR'S expense. 8.00 SAFETY 8.01 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 of 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. 8.02 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. 9.00 HOURS AND DAYS OF SERVICES 9.01 The acceptable daily hours of routine preventative maintenance services shall be 7 AM to 5 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 AGREEMENT Item price for these services and additional compensation shall not be provided. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 19 9.02 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. 10.00 CONTRACTOR'S STAFF AND TRAINING 10.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 10.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks 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. 10.03 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR a list of the CONTRACTOR’S staff that will work at all CITY facilities over the course of the contract period. Upon satisfactorily completing the background check referenced in 10.02, CONTRACTOR’S staff will be issued a CITY RFID badge which will allow limited access to some CITY facilities during normal business hours. In the event a CONTRACTOR’S employee has lost their CITY issued RFID badge, the CONTRACTOR must notify the CONTRACTOR ADMINISTRATOR immediately. In the event a CONTRACTOR’S staff member, who was issued an RFID badge has their employment terminated, the CONTRACTOR must notify the CONTRACT ADMINISTATOR immediately of the separation, and retrieve the CITY issued RFID badge from the from the former employee. The CONTRACTOR shall return the badge to the CONTRACT ADMINISTRATOR within twenty-four (24) hours of separation. Any loss, or damages to CITY facilities as a result of the CONTRACTOR’S staff misuses, or failure to report a lost badge will be at the CONTRACTOR’S expense as referenced in section 7.0. 10.04 CONTRACTOR’S personnel shall possess the minimum qualifications for the position in which each is working. 10.05 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 7 AM to 5 PM Monday through Friday. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 20 10.06 Each crew of CONTRACTOR'S employees shall include at least one individual who can communicate effectively and proficiently with CONTRACT ADMINISTRATOR or City personnel. 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. 10.07 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. 10.08 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 objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 10.09 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. 11.00 NON-INTERFERENCE - NOISE 11.01 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. 11.02 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. 12.00 DRUG AND ALCOHOL FREE WORKPLACE 12.01 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 21 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 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”. 13.00 ASSIGNMENT OF CONTRACT 13.01 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 22 EXHIBIT “B” CITY OF CARLSBAD HVAC MAINTENANCE SERVICES MANNER OF PERFORMING SERVICES Part II MAINTENANCE QUALITY STANDARDS DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 23 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 Strict adherence to all local, state and federal safety regulations is required. 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. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 24 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 included in non-routine maintenance and 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 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 anticipated equipment failures 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 anticipated equipment failures 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 anticipated equipment failures of these component items in the service report. 4. Temperature Control System DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 25 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 anticipated equipment failures 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, 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 anticipated equipment failures 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 AGREEMENT ITEM price for routine preventative maintenance and no other compensation will be provided. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 26 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. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 27 e. Check (and clear as needed) condensation discharge lines. 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. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 28 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. e. Check (and clear as needed) condensation discharge lines. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. 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. l. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 29 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. 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. e. Check (and clear as needed) condensation discharge lines. 6. ECONOMIZER a. Lubricate all linkages. b. Lubricate all dampers. c. Manually operate all dampers. d. Check economizer motors. e. Check economizer controls. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 30 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. g. 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. h. 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. i. 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 DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 31 needed, and provide a detailed water analysis and service report monthly after performing those services outlined above. j. 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. 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, and eliminate 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. l. Verify accuracy of gauges and thermometers. m. Check, adjust and record all operating and safety controls. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 32 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 33 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 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 and 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 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 DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 34 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 eliminate 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 9:00 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. *In 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). DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 35 f. Eliminate 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. l. Purge ball bearings with new grease. m. Lubricate fan motors and pumps in accordance with the manufacturer’s 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 9:00 PM AND 7:00 AM ONLY. THIS MAINTENANCE WILL NOT BE COMPENSATED AS AFTER-HOURS WORK. 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 PSA19-817GS City Attorney Approved Version 6/12/18 36 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. DocuSign Envelope ID: 07C49EB8-A69B-47A9-A003-A0631BDF9BA2 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Wood Gutmann &Bogart Insurance BrokersLicense#067926315901RedHillAve.,Suite 100TustinCA92780 Rachelle Williams 714-824-8349 714-573-1770 rwilliams@wgbib.com Middlesex Insurance Company 23434 SEASI-1 Insurance Company of the West 27847SeasideHeating&Air Conditioning,Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 193656203 A X 1,000,000 500,000 X 1,000,000 3,000,000 2,000,000 A0112596004 9/18/2018 9/18/2019 X 5,000 A 1,000,000 X X X X Comp$500Ded X Coll $500Ded A0112596004 9/18/2018 9/18/2019 A X X 3,000,000 X NIL A0112596004 9/18/2018 9/18/2019 B Y WSD502592005 3/1/2019 3/1/2020 1,000,000 1,000,000 1,000,000 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 3/5/2019 X RE:Dove Library HVAC Actuator and Valve Replacement,BID NO.PWS18-101TRAN,PROJECT NO.4030 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services is named as additional insured on the General Liability per attached CG 20 10 04 13 andCG20370413andAutopertheattachedCG20481013.Waiver of Subrogation applies to the General Liability per attached CA 24 04 05 09,on the AutoperattachedCA04441013andtheWorkersCompensationperattachedWC990634. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Page 1 of 1CG 20 37 04 13 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE CG 20 37 04 13 Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Jobsites as described in contracts. Codes per the General Liability Declaration Page A0112596004 00001 0000000000 18257 0 N1 20ea0047-333c-4159-83d5-a46983646cd020ea0047-333c-4159-83d5-a46983646cd0 0027020044346714803492056586459 Page 1 of 1CA 20 48 10 13 09/14/2018A0112596 Middlesex Insurance Company POLICY NUMBER: Named Insured: Endorsement Effective Date: SCHEDULE Name of Person(s) or Organization(s): © Insurance Services Office, Inc., 2011 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Seaside Heating & Air Conditioning Inc Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. A0112596001 09/18/2018 00001 0000000000 18257 0 N1 aae0f1ce-f6a8-42d9-8fad-dc231d1a54e3aae0f1ce-f6a8-42d9-8fad-dc231d1a54e3 0027020044346714803992056586459 Named Insured: Endorsement Effective Date: Name(s) Of Person(s) Or Organization(s): COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. POLICY NUMBER: A0112596001 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2011 Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Seaside Heating & Air Conditioning Inc 09/18/2018 Page 1 of 1CA 04 44 10 13 09/14/2018A0112596 Middlesex Insurance Company 00001 0000000000 18257 0 N1 434ad744-f868-45ac-895a-3ab7d1052de1434ad744-f868-45ac-895a-3ab7d1052de1 0027020044346714803992056586459 Page 1 of 2CG 20 10 04 13 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2012 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Where required by written contract executed prior to loss Description: Codes per the General Liability Declaration Page. A0112596004 00001 0000000000 18257 0 N1 68d95a5b-e88d-4932-acab-33f0965555c068d95a5b-e88d-4932-acab-33f0965555c0 0027020044346714803692056586459 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 09/14/2018A0112596 Middlesex Insurance Company Page 1 of 1CG 24 04 05 09 09/14/2018A0112596 Middlesex Insurance Company © Insurance Services Office, Inc., 2008 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A0112596004 Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 00001 0000000000 18257 0 N1 d140c973-0dee-41b9-818d-e1ed0308ff8fd140c973-0dee-41b9-818d-e1ed0308ff8f 0027020044346714803692056586459