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HomeMy WebLinkAbout2013-10-08 - AGENDA REPORTS - HEATING AIR CONDITIONING CONTR (2)Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Dale Sargent DATE: October 8, 2013 SUBJECT: AWARD HEATING AND AIR CONDITIONING MAINTENANCE CONTRACT DEPARTMENT: Public Works RECOMMENDED ACTION City Council: Award the heating and air conditioning maintenance contract to Honeywell International Inc. in the amount of $113,493; authorize a 15 -percent contingency for unanticipated equipment failures not covered in the maintenance contract of $17,024, for a total contract amount not to exceed $130,517, plus Consumer Price Index (CPI) adjustments. 2. Authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year, and execute up to four annual renewal options not to exceed the annual bid amounts, plus CPI adjustments. BACKGROUND The City of Santa Clarita's (City) General Services division maintains the City Hall building; Corporate Yard; the Jo Anne Darcy, Valencia, and Old Town Newhall libraries; three Metrolink stations; the Transit Maintenance Facility administration and bus maintenance buildings; SCVTV Channel 20 Studio; the Santa Clarita Business Incubator; and the Special Districts offices. The heating and air conditioning equipment used to service these facilities has a combined capital value in excess of $1.6 million dollars. ���M V I An invitation to bid was released on PlanetBids on July 29, 2013. On August 27, 2013, the City received six bids for heating and air conditioning maintenance service. The results of the bids are below: Vendor Gilmore Refrigeration, Inc. Honeywell International Inc. Control Technologies, Inc. ACCO Engineered Systems F.M. Thomas Air Conditioning, Inc. JCT Mechanical Inc. Location Bid Amount Glendora, CA $ 68,600.00 La Palma, CA $113,493.00 Anaheim, CA $114,319.00 Commerce, CA $125,291.64 Brea, CA $140,676.00 Lancaster, CA $170,857.96 The submitted bid from the apparent low bidder, Gilmore Refrigeration, Inc., contained numerous errors, including not returning a signed copy of Addendum 1, per Section A, Item 8, of the bid instructions; not identifying subcontractors per Section A, Item 15, of the bid instructions; and not providing a complete list of references per Section C of the bid instructions. Due to these errors, staff recommends the City Council deem Gilmore Refrigeration, Inc., non-responsive. The second lowest bidder, Honeywell International Inc., was found to be the lowest responsive bidder. Staff is requesting to enter into a contract with Honeywell International Inc. for a total contract of $130,517, including a 15 -percent contingency of $17,024, for unanticipated equipment failures not covered under this maintenance agreement. The term of this contract will be for one year and may be renewed annually for a total of five one-year terms. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Funds for the award of this contract are available in the Fiscal Year 2013-14 budget in various accounts: Public Library Facility Maintenance, Public Education and Government, Transit Maintenance Facility Maintenance, General Services Administration, City Hall Maintenance, and Transit Facilities (12051-5161.001, 12205-5161.001, 12401-5161.001, 14500-5161.001, 14501-5161.001, and 14509-5161.001). ATTACHMENTS Bid Proposal for Honeywell International Inc. available in the City Clerk's Reading File Contract for Honeywell International Inc. available in the City Clerk's Reading File 2 Exhibit "A - Bidder's Response" COPY CITY OF SANTACLARITA INVITATION FOR BID BID # GS -13.14-09 BID OPENING: August 27, 2013 The City of Santa Clarity invites sealed bids for: BUILDING HVAC MAINTENANCE Termsofpayment:!iC, it I 13 4 p' 9). TOTAL BASE BID AMOUNT: US$ --7 ) C) Return original of Bid to: City of Santa Clarita Purchasing Agent 23920 Valencia Blvd., Suite 120 Santa Clarita, CA 91355-2196 2. Prices shall be D.D.P. City of Santa Clartta Receiving dock Incoterns 2000 or for the service rendered. 3. Bidder shall honor bid prices for ninety (90) days after the. bid opening. 4. Bids must be on this Bid form and signed by the vendor's authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 to 58 and the City's Labor Compliance Program. 5. The last day for questions will be 1:00 PM, August 16, 2013. 6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. BIDDER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this bid. The undersigned agrees to furnish the commodity or service stipulated on this bid as stated above. I NT Address: ,�. GENT -r pv 1' . r C, Company: HuNr..gwf�.1- GA 11r.;,j:i Name (Print) ��Signature* Company y Phone N 1.4 K�� '4111 61 Title of Person Signing Bid — * Honeywell takes exceptions to the agreement of the terms and conditions included in the IFB and submits this proposal based on the right to negotiate mutually acceptable contract terms and conditions, if awarded the job and prior to contract finalization. Honeywell will negotiate in good faith to reach mutual agreement. 1 Bid # Gs -13-14-09 ADDENDUM #1 For City of Santa Clarita Invitation to Bid GS -13.14-09 BUILDING HVAC MAINTENANCE August14,2013 This addendum must be included with the bid response. If you have already submitted a bid, you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact Purchasing by fax and request the proposal be returned. The fax number is 661-266-4186. Does the bid request only cover "repairs" or equipment, or does it include "replacement" as well? A. The bid package specifies what items are to be repaired and or replaced. 2. At what point (dollar amount of repairs needed) does it justify replacement over repair? A. The City does not use a specific percentage value to cost for repairs or replacement. See section 3.06 ADDITIONAL WORK 8 3.07 EMERGENCY SERVICES. Contractor's Signature IA C .4r ,/ yam i�IT Company Name GS-13.14.09addl 7 -aa -t3 Date GS-13.14.09add1 A BID INSTRUCTIONS 1.c bmtbnc Proposals. (a) The bid response must be submitted on this form and include the notice, Request for Proposal Schedule, and all forms or information included in or required by Section C, Specifications, (attachments accepted), original and one copy in a sealed envelope with the wording 'Bid". bid number and closing date marked on the outside. (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Preparation. All proposals must be typed or written in black ink, except signatures. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the bid. In compliance with Resolution 93-9, all bids and attachments must be submitted double-sided on recycled paper. 3, Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 4. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 5. Environmentally Prechasing. The City of Santa Cents, being fully aware of the limited ferable Pur nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and Industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post- industrial and post-consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, If not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. 5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response Cothis bid. 7. Rejection. The City reserves the right to reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. g, Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will also be available from the City's website if the bid was downloaded. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information and guidance will be provided as part of this solicitation or written addenda. g. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on ` Bid p G3.13 -14 -pe partial items unless the bid submitted Is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The results of the bid will be posted on the City's website at www.santa- clarita comms sing normally within 24 hours. 10. C000arati^a Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful vandor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 11. Amendments. Any and all changes to this contract must be made In writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. 12 Taxes C`es and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Contractorfvendor agrees to cooperate with the City in all matters of local taxation. 13. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 14, Assionmenl No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. der t any ucontractrs 16 thebwcontacors. For all public orkrtotbe performed by them, ctand total dnumber stofshours sobpercentaogelwill of time they will spend on the project. 16. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor Compliance Program is included herein as an informative reference for the successful bidder. It does not require any completion prior to contract award but should be reviewed for all necessary provisions and requirements. 17. Protection of Resident Workers. The City of Senta Clarita actively supports the Immigration and ns addressing employment eligibility, employment Nationality Act (INA) which includes.provisio verification, and nondiscrimination. Under -the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S:) and aliens authorized to work in the'U.S. The employer must verifythe identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 18, Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the Bid # GS -13-14-09 City for any judgment rendered against it or any sums paid out in settlement or otherwise. 19. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid to guarantee that bidders will enter into contract to furnish goods at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). 20. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be 'Primary and Non -Contributory" and must name the 'City of Santa Clarke" as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. 21. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 22. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 23. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supersede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit function, quality, performance and all other staled requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 24. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 25. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay 'surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 26. Non-Aooro2dpgon of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penafty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of a Bid # GS -13-14-09 funds at the earliest possible date. 27. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 28. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 29. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies tFiat all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 30. Gratuities! The jCity may, by written notice to the Contractor, terminate the right of the Contractor to proceed ynder this agreement, If it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any emedtestagainstln the event of the Contractorsuch as themCityon, the City could pursueall inbtheneventt of default bya he Contractor. 31. Invoices. Invoices will be Cit of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. invoice processing begins on receipt of the material or invoice, whichever is later. 32. Bid Questions. Questions should be forwarded by e-mail to rmichier(c7santa-clariPa.com. They may also be sent on letterhead to: City of Santa Clarita Purchasing Department -' 23920 Valencia Blvd. Santa Clarita, CA 91355-2196 The last day for questions will be 1:00 PM, August 16, 2013. 33. Renewal and Prirana Adiustment. Contracts entered into pursuant to this Invitation to Bid will be for an initial term of one year and may be renewed annually, up to four times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area and prevailing wage rat s, f applicable. Price adjustments may be increases or decreases as appropriate and requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The Bid N GS -13-1409 •I I price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. I B TERMS AND CONDITIONS The solicitation, bidder's response and the Purchase Order (and Contract for services) constitute the entire agreement between the vendor and the City of Santa Clarite (City) covering the goods (including services) described herein (the "goods"). Time is of the essence. 1. Shipment and Inspection. The terms and routing of shipment shall be as provided on the Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have the right to inspect any or all of the goods at vendor's place of business or upon receipt by City at City's election, which right shall be exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of City's rights or remedies arising by virtue of such defects or non-conformance. Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the vendor. 2. Risk of Loss. Notwithstanding any provision hereof to the contrary, title to, and risk of loss of, the goods shall remain with the vendor until the goods are delivered at the D.D.P. point specified in this Contract, or if no such point is specified, then, when the goods are delivered to the City. However, if the goods are of an inflammable, toxic or otherwise dangerous nature, vendor shall hold City harmless from and against any and all claims asserted against City on account of any personal injuries and/or property damages caused by the goods, or by the transportation thereof, prior to the completion of unloading at City's receiving yard. 3. Warranties. Vendor warrants to and covenants with the City as follows: vendor will deliver to City title to the goods free and clear of all security interest, liens, obligations, restrictions or encumbrances of any kind, nature or description, the goods shall be tree from defects in material and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new and not used or reconditioned; the goods and their packaging shall conform to the description thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is relying on vendor's skill and judgment in selecting and providing the proper goods for City's 06rucular use. The goods shall be in all respects suitable for the particular purpose for which they are purchased and the goods shall be merchantable. Vendor shall Indemnify and save and hold City harmless from and against any and all damages, losses, demands, costs and expenses arising. from claims by third parties for property damage, personal injury or other losses or damages arising from vendors breach of its obligations hereunder. 4. Remedies. In the event of vendor's breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to City by law: (a) require vendor to repair or replace such goods, and upon vendors failure or refusal to do so, repair or replace the same at vendor's expense: (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at vendor's option; said return to be made at vendors cost and risk: (c) cancel any outstanding deliveries or services hereunder and treat such breach by vendor as vendor's repudiation of this Contract. In the event of City's breach hereunder, vendor's exclusive remedy shall be vendor's recovery of the goods or the purchase price payable for goods shipped prior to such breach. Bid # GS -13-14-09 5. Force Maieure. For the purposes of this Contract, an event of "force majeure" shall mean any or all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires, floods or other acts of God; transportation delays; ads of government or any subdivision or agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any other cause, whether or not similar to the causes or occurrences enumerated above; in all cases, which are beyond the control of the party claiming the occurrence of a force majeure event and which delays, interrupts or prevents such party from performing its obligations under this Contract. Notwithstanding any provision hereof to the contrary, the reduction, depletion, shortage, curtailment or cessation of vendor's supplies or reserves or any other supplies or materials of vendor shall not be regarded as an event of force majeure. The party affected by a force majeure event shall give notice thereof to the other party within ten days following the occurrence thereof and shall apprise the other party of the probable extent to which the affected party will be unable to perform or will be delayed in performing its obligations hereunder. The affected party shall exercise due diligence to eliminate or remedy the force majeure -cause and shall give the other party prompt notice when that has been accomplished. Except as provided herein, if performance of this contract by either party is delayed, interrupted or prevented by reason of any event of force majeure, both parties shall be excused from performing hereunder while and to the extent that the force majeure condition exists, after which the parties' performance shall be resumed. Notwithstanding the foregoing, within five days following vendor's • declaration of a force majeure event which prevents its full and/or timely delivery of goods hereunder, City may, at Its option and without liability (a) require vendor to apportion among its customers the goods available for delivery during the force majeure period; (b) cancel any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate this Contract If City accepts reduced deliveries or cancels the same, City may procure substitute goods from other sources in which event this contract shall be deemed modified to eliminate vendor's obligation to sell and City's obligation to purchase such substituted goods. After cessation of a force majeure event declared by vendor, vendor shall, at City's option but not otherwise, be obligated to deliver goods not delivered during the force majeure event. After cessation of a force majeure event declared by City, neither party shall be obligated to deliver or purchase goods not so delivered and purchased during the force majeure period. 6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade name or copyright with regard to the goods, their manufacture or use, vendor shall at its own expense defend such suit and shall indemnify and save and hold City harmless from and against all claims, damages, losses, demands, costs and expenses (including attorney's fees) in connection with such suit or threatened suit. 7. Compliance with Law. Vendor warrants that it -will -comply with all federal, state, and local laws,- ordinances, rules and regulations applicable 4o -its performance under this Contract, including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Vendor shall indemnify and save and hold City from and against any and all claims, damages, demands, costs and losses which the City may suffer in the event that vendor fails to comply with said Act, Order, rules, regulations or orders. Vendor further warrants that all goods sold hereunder will comply with and conform in every respect to the standards applicable to the use of such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended, and any regulations and orders issued thereunder. Any clause required by any law, ordinance, rule or regulation to be included in a contract of the type evidenced by this document shall be deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed material/services and /or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction there over. 8, Reports Artwork Designs etc.: 7 Bid # GS -13.14-09 (a) If the goods are to be produced by vendor in accordance with designs, drawings or blueprints furnished by City, vendor shall return same to City upon completion or cancellation of this Contract. Such designs and the like shall not be used by vendor in the production of materials for any third party without City's written consent. Such designs and the like involve valuable property rights of City and shall be held confidential by vendor. (b) If the Contract results In the creation of artwork, designs or written products, including but not limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures, analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor expressly transfers all ownership and intellectual property rights including copyrights to the City by signing the contract. Such works and the like shall not be used by vendor in the conduct of any business with any third party without the City's written consent. (c) Unless otherwise agreed herein, vendor at its cost shall supply all materials, equipment, tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs or other properties furnished by City or specifically paid for by City shall be City's property. Any such property shall be used only in filling orders from City and may on demand be removed by City without charge. Vendor shall use such property at its own risk, and shall be responsible for all loss of or damage to the same while in vendor's custody. Vendor shall at its cost store and maintain all such property in good condition and repair. City makes no warranties of any nature with respect to any property it may furnish to vendor hereunder. 9. Governinc Law. The Purchase Order and this Contract between the parties evidenced hereby shall be deemed to be made in the State of Califomia and shall in all respects be construed and governed by the laws of that state. 10. Miscellaneous. (a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. (b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made by City on this Contract or any other fortes delivered to vendor shall be subject to correction. (c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers and unit prices shall hold over extended prices. (d) City may, upon notice of vendor and without liability to City, cancel this Contract and any outstanding deliveries hereunder, (1) as to standard products of vendor not then shipped hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take possession of all or substantially all of vendor's assets, (B) vendor makes a general assignment for the benefit of creditors, or (C) any action or proceeding is commenced by or against vendor under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors, or (D) vendor becomes insolvent or commits an act of bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election pay vendor its actual out-of-pocket costs to date of cancellation, as approved by City, in which event the goods shall be the property of City and vendor shall safely hold the same subject to receipt of City's shipping instructions. 11. Non -Collusion. By submitting a bid, bidder certifies they have not divulged, discussed or compared their bid with other bidders, nor colluded with any other bidders or parties for invitation to bid. Bid # GS -13-14-09 O SPECIFICATIONS SECTION 1 BACKGROUND Contractor shall provide all services required to properly maintain and keep in good repair the designated heating, ventilation and air conditioning (HVAC) equipment located at various locations owned and/or managed by the City of Santa Clarita (CITY) as described herein. All costs for labor, overtime, travel time including vehicle or equipment, parts, supplies, and any other expenses incurred for preventive maintenance or emergency service requests shall be included in the base bid on the Bid Schedule. SECTION 2 COVERED EQUIPMENT Section 2.01 The list of all equipment to be covered within the initial service agreement is included as a part of these specifications. (See "List of Covered Equipment"). These specifications assume that all covered equipment is in good working order and is in a maintainable condition at the time this bid is due. Section 2.02 APPURTENANT DEVICES AND SYSTEMS: The CONTRACTOR'S responsibility to provide preventative and predictive maintenance shall not be limited to only the major components as referenced on "Covered Equipment", but shall also include all appurtenant devices and systems that are related to the heating, ventilation, and air conditioning system. (a) HEATING SYSTEM: Boilers, burners, furnaces, pumps, cleaning of heating coils, water strainers, unit heaters, duct heaters, heat exchangers, humidifiers, etc. (b) COOLING SYSTEM: Air conditioning compressor(s), evaporative condensers, air cooled condensers, pumps, water chillers, cleaning of cooling coils, etc. (c) AIR HANDLING SYSTEM: Fans, motors, air grills (cleaning), registers (cleaning), air filters, dampets; induction units, mixing bores, fan coil units, electric heat elements, etc. (d) MISCELLANEOUS EQUIPMENT includes all parts, labor and materials necessary to adjust, repair, or if necessary, replace any units, including but not limited to: . — Exhaust fans, — manual valves, — float valves, — direct expansion valves, — thermometers, — gauges, — magnetic starters, — manual motor starters, — pump and fan motor drives, Bid M GS -13.14-09 — belts, — electrical wiring from motor starter to their respective motor, — Check valves, and refrigerant. — Water circulating pumps pertaining to heating and cooling systems; — Water Regulating Valves — Automatic and Manual Float Valves — Hand Valves; — Supply and Exhaust Fans; — Electric Motors; — VFD — Vibration Dampening Mounts — Belts; — Electric Starters (all); — Heating Coils; (cleaning only) — Cooling Coils; (cleaning only) — Belt Drives; — All water Strainers; — Capacity and Safety Devices with controls — Unit Heaters; — Fan Cabinets, Air Handling Units; — Boilers and Controls; — Compressors; — Air Cooled Condensers; — VAV — Manual Air Volume Adjustment Valves — Thermostats SECTION 3 SCOPE OF SERVICES Section 3.01 GENERAL MAINTENANCE SERVICES - Minimum services to be provided at.each scheduled service interval (to be performed quarterly unless noted otherwise) for the HVAC mechanical systems and equipment shall include: (i) THERMOSTATS AND TEMPERATURE CONTROLLERS 1) Check general condition 2) Remove cover and remove foreign particles 3) Clean the cover 4) Check set point of control 5) Check throttling range and reset 6) Calibrate as necessary Bid # GS -13-14-09 10 7) Check all pilot bleed ports ELECTRICAL COMPONENTS f) Energize relay to ensure operation, replace if needed 2) Inspect contacts, clean as required 3) Check pressure switches 4) Check overloads DAMPERS 1) Lubricate dampers 2) Check for proper travel and close off, adjust as required 3) Tighten linkage and ball joints 4) Check operations bellows (iv) ELECTRIC MOTORS f) Check motor mounting, tighten if necessary 2) Check motor pulley for security, alignment, and tighten if necessary 3) Check bearing wear 4) -Check belt wear, replace if needed 5) Check wiring and conduit (motor to starter) for condition 6) Check electrical connections and tighten 7) Check rotation of motor g) Check motor for excessive heat and noise g) Check air passages and windings Bid # GS -13-14-09 11 10) Check starter and clean/tighten contacts 11) Oil or grease motor bearings as required 12) Measure voltage and current draw and record (v) AIR COMPRESSORS 1) Change the crankcase oil 2) Oil the compressor motors 3) Lubricate packing as required, replace as required 4) Check for moisture, oil and/or dirt in the lines 5) Clean the intake air filter (felt and screen types) 6) Replace cartridge -type, intake air -filter 7) Clean the compressor belt 8) Clean the pressure relief valve (vi) REFRIGERATION COMPRESSORS 1) Check oil condition and level 2) Check for oil leaks 3) Check refrigerant charge and condition 4) Check condition and alignment of .compressor drive 5) Check for unusual noises and vibration 6) Check refrigeration compressor and refrigeration piping for leaks 7) Check operation of safety and capacity controls for proper operation, including high and low pressure cut-outs 8) Check compressor mounting, and tighten if needed 9) Check condition of refrigerant insulation Bid # GS -13.14-09 12 10)Lubricate per manufacturer's instruction 11)Perform start-up procedure per manufacturer's recommendation 12)Perform efficiency testis) (suction and head pressure and record results) (vii) EVAPORATORS 1) Check and clean tubes and fins as required 2) Inspect and wash coils 3) Check for rust and scale 4) Check and paint as required (viii) CONDENSATE DRAINS 1) Inspect/clean drain pan 2) Inspecticlean drain line, repair as needed (ix) AIR COOLED CONDENSERS 1) Check fan for corrosion, bent fan blades and wear 2) Check fan blade and clean dirt accumulation 3) Lubricate fan bearings and check for end play, excessive bearing temperature and unusual bearing wear 4) Clean finned coil surfaces 5) Check coil for damage or leaks 6) Straighten bent fins 7) Check pipe clamps for security and vibration 8) Lubricate motor bearings 9) Examine motor mount resiliency Bid # GS -13-14-09 13 10)Tighten all electrical connections 11)Inspect motor starter coils and contacts 12)Note general condition of enclosure, inspect for corrosion, deterioration, and damage. Tighten any loose bolts and screws. (x) HOT WATER PUMPS 1) Check pump head for operation, wear, and capacity 2) Check mechanical seal and stuffing box for leaks 3) Check motor and pump mounting — tighten 4) Check attached piping insulation and repair if necessary 5) Check wiring and conduit for condition from motor to starter 6) Inspect all hand valves for proper operation and leaks 7) Check and lubricate motor and pump head bearings 8) Check motor pump coupling for alignment, condition, and security to shaft (xi) AIR HANDLERS 1) Check blower mounting and tighten if necessary 2) Check shaft alignment to motor 3) Check blower pulley for security to shaft 4) Check blower belt for condition and tension —adjust or replace 5) Check blower rotation 6) Oil or grease blower bearing 7) Check blower scroll for dirt and clean if necessary 8) Check housing for rust and repair as necessary 9) Check coil faces Bid # GS -13-14-09 14 10)Note general condition of enclosure by inspecting for corrosion, deterioration and damage. Tighten bolts and screws as needed (xii) HOT WATER BOILERS 1) Drain boiler as required to perform tests and inspections 2) Verify operation of'makeup water system 3) Inspect condition of flues 4) Inspect refractory and firebrick for defects 5) Visually inspect boiler exterior for possible leaks 6) Clean or replace sight glass 7) Inspect all electrical connections for tightness 8) Verify accuracy of temperature gauges 9) Inspect air lines 10)Inspect wire insulation for signs of overheating and burns 11)Verify accuracy of pressure gauges Section 3.02 The total bid amount should include the cost to maintain all listed equipment including appurtenant devices and systems. Section 3.03 PARTS AND COMPONENT REPLACEMENT: -• Contractor will repair or replace any worn, defective, or doubtful components on parts that are part of the maintained systems as described in "Covered Equipment." There will be no additional cost to the City for these replacements. a) In order to maintain the standardization and integrity of the existing equipment and control system, all components must be repaired and/or replaced with new parts, components, or devices as may be recommended or approved by the original equipment manufacturer(s). b) When equipment or parts are replaced in their entirety, and a newer design of this device is available and is functionally equivalent, compatible, and approved for use by the original equipment manufacturer, the device of the newer design may be used as the replacement. 15 Bid* GS -13-14-09 c) The Contractor may not make any modification to the existing system that will violate the Underwriter's Laboratory listing and approval requirements as a system. d) All miscellaneous parts and supplies necessary to maintain the HVAC system and equipment shall be supplied by the CONTRACTOR and shall be included in the cost of the service program. e) The CONTRACTOR shall not be responsible for repair or replacement due to misuse of the equipment by others,.or -by reason of any other cause; beyond the control of the CONTRACTOR, except ordinary wear and tear of the equipment. Section 3.04 PREVENTIVE AND PREDICTIVE MAINTENANCE SCHEDULES: a) Within 60 days from the start of the Contract and with each subsequent contract renewal, the Contractor is required to provide to the City a written schedule for all preventative and predictive maintenance of all sites and equipment covered in the contract. This schedule should also include filter change dates. b) In addition, within 60 days from the start of the agreement and with each subsequent renewal, the CONTRACTOR is required to perform a system analysis on the equipment covered under this agreement to detect early signs of deteriorating performance and to predict potential equipment failures. Upon identifying potential problem areas, contractor shall complete corrective action as required and outlined in this specification. All preventive maintenance services shall be completed in accordance with the service schedule included in this contract specification. c) The maintenance services described herein to the covered equipment, shall be completed a minimum of four (4) times per year, including startup and shutdown, unless otherwise determined by either equipment run time or a greater frequency as determined from the equipment manufacturer's recommendations, equipment operation, application, location, or criticality of end use: d) The CONTRACTOR shall control and adjust the scheduling intervals for required preventive maintenance and task functions to be performed by either / both calendar periods and operating hours (runtime) as pertinent to each piece of equipment. Any changes to the initial service schedule shall be approved in writing by the CITY. e) Within 30 days from the start of the Contract and with each subsequent contract renewal, the CONTRACTOR shall provide a copy to the City of a written checklist identifying all covered equipment and appurtenant devices being inspected, monitored and recorded. The form should also identify the date of inspection, name and position of CONTRACTOR'S employee performing the inspection. 16 Bkl # GS -13-14-09 Within 7 days after each inspection, preventive maintenance or service call is completed, a service report identifying the condition of the equipment including any deficiencies shall be furnished to CITY'S designated representative for their review and signature. f) TEST AND CYCLE: repair and/or replacement of any system component, Following any inspection, CONTRACTOR shall test and cycle all equipment as a system. g) AIR FILTRATION EQUIPMENT: Pre -filters, frame filters, pouch filters, fan coil filters, automatic roil -type filters and bag filters. Minimum services to be provided include: (i) The CONTRACTOR shall provide, install and regularly change all air filters at a frequency dictated by dirt conditions, but no less than six (6) times per year for frame media, and as often as necessary for roll -type media. The date of installation and building location, should be written on all new or replacement filters being installed. The old filters being removed should be returned to City for disposal. (ii) Filter media (frame or roll -type systems) shall have an average AFI gravimetric rating of not less than 70%. efficiency. Filter media shall be standard polyester fiber and shall be bonded together preventing fiber shedding and blow through for maximum efficiency and shall be of the fire retardant type of at least Class 2 rating. Efficiency of 40 percent on pleated filters and 90 percent on bag filters. (iii) Filter frames shall be sized to fill the entire cross section of the units to prevent blow-by and eliminate filter spacers in the system. (h) WATER TREATMENT SYSTEM equipment includes: Hot water system, steam system, chilled water system (open or closed), evaporative condensers, cooling towers, and chilled and hot water circulating pumps. (i) The CONTRACTOR shall provide the necessary labor and chemicals to properly maintain all water within the heating and cooling circulating system to control metal corrosion, scale formation, biological fouling, or contaminated discharge. (ii) The chemicals provided must meet OSHA, Environmental Protection Agency and OEQC requirements for safety to personnel and the environment. All chemicals supplied must be biodegradable, and all n Bid # GS -13-14-09 discharged effluents must be non-polluting. CONTRACTOR to maintain a binder with most recent MSDS for all chemicals used for each service location. The binder shall be clearly marked and maintained in City designated location. (iii) The maintenance of control panels, bleed valves, injection pumps, associated piping and fittings shall be included in the cost of the service program. (iv) At a minimum of once a month, the CONTRACTOR shall provide all labor to take test samples, adjust feed rates, change settings, drain and flush systems, service automatic monitoring equipment, manually inject chemicals (for closed systems), and provide a detailed water analysis and service report after performing those services as outlined above. (v) For hot water heating systems and chilled water systems, the CONTRACTOR shall: 1. Drain system of existing water and chromate compound; 2. Refill system with clean water and add the required dosage of chemical treatment. Chemical shall be a non -chromate corrosion inhibitor such as the borate nitrite type. It shall be acceptable to the pollution monitoring agencies to be a non -pollutant. (i) PERIODIC TESTS: (i) Within 60 days from start of contract and or subsequent renewal and. semi-annually thereafter, the CONTRACTOR shall perform vibration analysis of the equipment to be maintained. This analysis shall be made on all equipment above one horsepower (1 HP). The analysis shall be provided as a written report showing the vibration measured. (ii) An infrared scanner shall be used for a site inspection, at least .semiannually, to evaluate the condition of all portions of mechanical system including, but not limited to, all motors, pumps, chillers, boilers, motor starters, and electrical panels for proper predictive/preventive maintenance. (iii) Contractor shall perform spectrochemical analysis of refrigeration compressor oil to determine the concentration levels of each of the following: Iron Silver Zinc Lead Tin Calcium Copper Silicon Barium Kid # GS -13-14.09 18 Chromium Baron Magnesium Aluminum Sodium Tatanium Nickel Phosphorus Molybdenum Cadmium Antimony This analysis will consist on a minimum of the following four (4) tests: 1. Total Acid (ASTMD 664) 2. Viscosity (ASTMD 445) 3. Water Content (ASTMD 1744) 4. Total Solids (ASTMD 91) (iv) Oil analysis shall be performed by contractor during Spring start up by a qualified laboratory. Contractor shall provide CITY with a detailed report of said analysis. (v) Boiler flue gas analysis shall be performed by contractor during Heating Season switchover with an Electric Flue Gas Analyzer to determine the proper energy efficiency of boiler bumer system in order to maximize burner efficiency. Contractor shall provide CITY with a detailed report of said analysis. Q) ZONE TEMPERATURE CONTROL SYSTEMS Covered zone temperature control equipment shall also include: thermostats, pressure controls, relays, limitsvalves, valve operators, damper motors, humidity controls, step switches, time clocks, contactors, controllers, capacity , controls, safety controls, recorders, control panels, gauges, and air compressors. Section 3.05 EXCLUDED EQUIPMENT: It is understood that the repair, replacement, and emergency service provisions apply only to the equipment covered by this specification. Repair or replacement of non - maintainable parts of these systems such as, but not limited to ductwork, piping, shell and tube (for evaporators, condensers and chillers), foundations, domestic water lines, drains, plumbing, oil lines, gas lines, oil storage tanks, air handling ductwork, boiler shell and tubes, unit cabinets, boiler trim and reflector material, cooling tower structures, insulating material, electrical wiring, hydronic and pneumatic piping, structural supports, and other nonmoving and non -maintainable parts is not included in this specification. If the Cty e work shll be app olvederepairquires iary equipment, in writing, nd the to be done on 1 Contractor shall be compensated d at the add tionalawork 19 Bid # GS•13-14-09 rate. Section 3.06 ADDITIONAL WORK: Any additional work that is not included in the service agreement and that will incur additional costs will require the CONTRACTOR to provide an itemized written quote that includes all costs of parts including mark ups and estimated labor. No work shall proceed prior to the CONTRACTOR receiving signed approval from an authorized City representative. In the event that work is completed without proper authorization, the cost for said unauthorized work will not be reimbursed. In the event that equipment is located at a facility but is not listed in the "Covered Equipment" section of this Specification, CONTRACTOR shall submit to the City an updated equipment list for that facility. Section 3.07 EMERGENCY SERVICES: a) Upon award of contract, Contractor shall supply a minimum of two (2) emergency contact phone numbers that are answered on a 24-hour basis; pagers are not acceptable. If the CONTRACTOR uses an answering service, the CONTRACTOR shall make contact with the CITY within 15 minutes of a call being placed to the answering service. b) If CITY determines that an emergency site visit is required, CONTRACTOR'S personnel shall arrive and check in with City Staff at the designated service location within four (4) hours from the time of CITY'S request. Emergency services shall be provided on a 24-hour, 365 -days per year basis. c) All costs for labor, overtime, travel time including vehicle, equipment, parts, supplies, and any other expenses incurred for emergency service requests shall be included in the bid on the Bid Schedule. No additional compensation will be made. d) If the resolution of the emergency service call requires CONTRACTOR to provide service for equipment which is not listed on "Covered Equipment," including all appurtenant devices and systems that are related to the heating, ventilation, and air conditioning system, said service will be performed in accordance with Section 3.06, ADDITIONAL WORK. SECTION 4 SPECIAL CONDITIONS Section 4.01 SUBCONTRACTING: Under no condition shall any work specified herein be subcontracted without CITY's prior written authorization. All subcontractor's will be listed on the Designated Subcontractors form, included with bid response. zo Bid # GS13-74-09 Section 4.02 CONTRACTOR QUALIFICATIONS: The City maintains over 300,000 sq. ft. of governmental work and office space. The training and qualifications of the service technicians, and the references of similar experience of the Contractor are considered a minimum. It is critical that the Contractor meet or exceed these qualifications in order to be considered for this bid. a) Licensing: C20 - Warm Air HVAC contractor; The CONTRACTOR shall be fully licensed at the time of bid submittal and contract award. Include evidence of license with the bid submittal. b) Experience: The CONTRACTOR shall have a minimum of five (5) years experience in the maintenance and repair of commercial heating, ventilation and air conditioning and temperature control business. c) Technician Requirements: The CONTRACTOR shall employ a minimum of five (5) full time, competent technicians. The servicemen assigned to maintain pneumatic control systems will be journeymen technicians with a minimum of five (5) years experience working on similar systems. The servicemen assigned to maintain mechanical systems will be qualified to service the equipment type under contract as well as all associated pneumatic, electric and electronic controls. List employee experience on the "Service Technician Information" sheet, included with bid response. CONTRACTOR must have on -staff technicians trained in the use of the following tools and test equipment: combustion efficiency test equipment, infrared scanner, water treatment chemical drop test kit, conductivity tester, refrigeration oil test electronic refrigeration leak detector, velometer, amprobe, and any other tools/test equipment necessary to fulfill the requirements of this specification. d) References: The CONTRACTOR shall submit a list of five (5) references with full-service contracts for similar types of se vover ithe ash twenty-fources for hom the Tactor has successfully Performed more than five (5) jobs months. The bidder may also use references for other annual contracts similar in scope and nature as specified in this bid. List references on attached Reference sheets. e) Engineering Support: The CONTRACTOR is required to maintain an engineering department staffed with full time professionals in the fields of refrigeration, boilers, water treatment, and pneumatic, electric and electronic controls which includes at least one professional engineer (PE). Submit evidence of satisfying this requirement with bid submittal. Section 4.03 HVAC ENGINEERING AND DESIGN SERVICES: 21 Did # GS -18-14-09 Following award of contract, the CONTRACTOR agrees to be available for consultation regarding HVAC system design modifications and/or new equipment options for other City -owned and/or managed locations that are not included in the service agreement. The total cost for such work being payable as additional work at the then -current rates as referenced within the service agreement. Section 4.04 PARTS AND EQUIPMENT INVENTORY: The CONTRACTOR shall maintain within a central warehouse an inventory which includes all replacement parts that may be required for any component in the covered equipment to ensure immediate availability in emergency situations. This required inventory shall include, but is not limited to, all temperature sensors, controllers, dampers, valves, actuators, relays, air compressors, flame safeguards and boiler controls. Section 4.05 STORAGE: A limited amount of on-site storage is available for Contractor's use in stockpiling materials or for securing contractor's equipment or disposal of associated construction debris. Limited on-site parking is available to contractor and employees. Section 4.06 CHEMICALS: Contractor shall maintain a binder containing Material Safety Data .Sheets for all material furnished, before they are delivered, for which an MSDS has been prepared by the manufacturer. The chemicals provided must meet OSHA, Environmental Protection. Agency and OEQC requirements for safety to personnel and the environment. All chemicals supplied must be biodegradable, and all discharged effluents must be non- polluting. Contractor shall maintain a binder containing Material Safety Data Sheets MSDS for all chemicals used for each service location. Section 4.07 PUBLIC SAFETY: Public safety at the jobsite shall be considered of primary importance; all repairs, new installations and other work must be completed using the best standard safety practices at all times.' In the event Contractor is advised of any unsafe condition, all work shall cease and such unsafe conditions shall be addressed and corrected immediately to the satisfaction of the authorized City representative before any work may resume. Section 4.08 ACCIDENT REPORTING: Contractor shall immediately notify the City of injuries sustained by any of its employees during the course of completing any work under this contract and shall supply a copy of their written accident report by the end of the next working day. Section 4.09 SERVICE HOURS AND BUILDING ACCESS: zx Bid # GS -13-14-09 All preventive and predictive maintenance or repair services provided under this agreement will be performed during the City's normal working hours, which are from 7:30 a.m. to 4:00 p.m., Monday through Friday, CITY'S holidays excepted. A complete list of CITY'S holidays is shown below. The working hours for the Joanne Darcy Library, Newhall Library and Valencia Library are 10:00 a.m. to 4:00 p.m. a) CITY will provide reasonable means of access to all covered equipment and associated devices which are to be serviced. Contractor shall be free to start and stop all primary equipment incidental to the operation of the mechanical system(s) as arranged with and directed by the CITY or its duly authorized representative. b) Except for emergency repairs, all work requiring equipment shut down for more than one hour shall be scheduled for early moming, after normal business hours or during the weekend. c) City Holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving 1/2 Day for Christmas Eve Christmas Day 1/2 Day for New Year's Eve New Year's Day Section 4.10 PURSUANT TO SECTION 1773 OF THE LABOR CODE; The general prevailing wage rates in the county, or counties, in which .the work is to, be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http://www.dii-.ca.gov/disr/pwd. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. Contractor shall further adhere to the require contained in the City of Sfor projects with a Bid nta Clarita's Labor Compliance Program (LCP), approved by i23 d Bid 0 GS -13-14.09 Advertise Date of November 20, 2003 or later, and which will become part of the conformed documents. The LCP is included at the end of this document. All pertinent California statutes and regulations, including, but not limited to those referred to in the City's Labor Compliance Program, are incorporated herein by reference as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest editions of such. Contractor shall submit a certified copy of all Certified Payroll Records (CPRS) with the progress payment on at least monthly basis to the City. Section 4.11 OVERTIME: From time to time, work after regular hours, or on Agency -designated holidays, may be necessary to complete certain projects. Overtime shall be authorized by the City designee before the work begins. Overtime costs are included in the bid prices detailed on the pricing sheet and no additional compensation will be made. Section 4.12 ADDITIONAL SHIFTS: At the City's request, the contractor shall arrange for additional shifts compensated at the regular hourly rate on projects with significant work scheduled outside of the regular hours. Section 4.13 CHANGES TO SERVICE LOCATIONS AND / OR SCOPE OF WORK: The cost for service at any new location shall be calculated at a rate comparable to the rates then in effect at other locations included in this initial solicitation. Any new locations added to the service schedule shall be made a part of this agreement, with associated costs to begin with the first date of service at any given location. The City reserves the right to delete locations from this contract if necessary. Section 4.14 CONFLICTING INSTRUCTIONS: Contractor shall bring conflicts between the specifications and any special provisions and/or the manufacturer's installation or maintenance instructions to the attention of the Agency for resolution prior to performing the work involved. Such resolution of the conflict and final approval to continue with the work shall be evidenced in writing by the owner's authorized representative. Section 4.15 SUBSTITUTIONS AND / OR CHANGES: City makes no guarantee that any proposed substitutions or changes to the scope of work as specified will be deemed acceptable. All changes must be accepted in writing by the City's authorized representative prior to the start of work. Contractor shall bring 24 Bid 4 GS -13.14-D9 any conflicts or discrepancies in materials specified to the City's attention and request clarification, if necessary. SECTION 5 BONDING REQUIREMENTS Section 5.01 PERFORMANCE BOND: A performance bond will be required upon award of contract in an amount no less than 100% of the total contract cost. Said Performance Bond will be acted on in the event Contractor continues to provide substandard service for a period of 30 days following receipt of a written notice of said substandard service from the City. Section 5.02 BID GUARANTEE BOND: A bid guarantee bond should be in an amount equal to 10% of bidder's total annual contract amount, and must accompany the bidder's submittal in response to this solicitation. Section 5.03 LABOR & PAYMENT BOND: A labor and payment bond will be required upon award of contract in an amount no less than 100% of the total contract cost. SECTION 6 BID SUBMITTAL Al pages of e returned bild submittal. Iln addition, the folrequired, items shall also bwith the with the bid submittal: Contractor's list of non -serviceable equipment (if required) Bid Bond Contractor's license number Service Technicians' experience Contractor's Qualifications Contractor's references List of sub -contractors Labor & Payment Bond (awarded vendor only) Performance Bond (awarded vendor only) Maintenance Contract (awarded vendor only) 25 Bid # GS -13.14.09 CONTRACTOR'S LICENSE # u, ctc; , C, tkc 26 Bid fl GS -1 3-14-09 DESIGNATION OF SUBCONTRACTORS Gs -13-14-09 Building HVAC Maintenance City of Santa Ciarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of M, of 1 percent of the prime nnual 2rmosagm race contractor's total bid: DBE status age of firm nccifvirtia fo m MUST ben a enic and aeturned with bid, filled in or _-__,.,....a ,.,ah °Nn Fiihnnntractors" if none 27 Bid # GS -13-14-09 BIDDER'S REFERE14CES The Bidder shall submit five (5) references with full-service contracts for similar types of maintenance services with companies that have been under contract with the bidder for a period of not less than (3) years and the locations serviced are located within 50 miles from Santa Clarita, CA. Business name and other facility identification Service address 4I 4J 4 Y kJ( N7f 1 KC \ C4, Gbntract manager name & phone number L'�• c1', 3 F i 1 rl Type of facility and general use m✓ G.vh� p:, n cls Total square feet this location 1;;'c i, List the type of equipment and services your company provides at this location. t' IaAv 4Lk Length of time bidder has provided service for this location. )4 r Bidder's Business Name: 000rgw Date submitted: e - as i 28 Bid # GS -13-14-09 BIDDER'S REFERENCES The Bidder shall submit five (5) references with full-service contracts for similar types of maintenance services with companies that have been under contract with the bidder for a period of not less than (3) years and the locations serviced are located within 50 miles from Santa Clarita, CA. Business name and other facility identification .14 L NTf Service address Contract manager name & phone number G'S1L 41 NVrcGw Type of facility and general use Total square feet this location List the type of equipment and services your company provides at this location. 140,, y(Rv,C r.. V,J,"01 �tG P.4,1S Hv'IYL RC•-rmxr IT- L . ength Length of time bidder has provided service for this location. Bidder's Business Name: tar CG -` Date submitted: 9 XCF, 13 29 Bid # GS -1344-09 BIDDER'S REFERENCES The Bidder shall submit five (5) references with full-service contracts for similar types of maintenance services with companies that have been under contract with the bidder for a period of not less than (3) years and the locations serviced are located within 50 miles from Santa Clarita, CA. Business name and other facility identification Service address Contract manager name & phone number �o Cc, OF- L <.-nl ' L3 eN Y `lac Type of facility and general use u,.. L.:-,rv, Total square feet this location t; c k List the type of equipment and services your company provides at this location. WAG `ift(��tLr I:M7 :>�„�:-.:i-rt• Lengtt h of lime bidder has provided service for this location. �R`. Bidder's Business Name: Idc rjl� `/VVr--`'— Date submitted: B 2 1 30 Bid 9 GS -13.14-09 BIDDER'S REFERENCES The Bidder shall submit five (5) references with full-service contracts for similar types of maintenance services with companies that have been under contract with the bidder for a period of not less than (3) years and the locations serviced are located within 50 miles from Santa Clarita, CA. Business name and other facility identification 11*�I Gf' n1Nr•la A'q j'NJ o'"✓AC rl service address 1,a 3 i 0%6" A -v r;.. M nM N F'f R-ri i%d .rrc h Ga Contract manager name & phone number v.xr1 1'ktGE siv Type of facility and general use 'j, n1 1 c' 9K`NV i �o 1,1 C, S Total square feet this location r.: V__ List the type of equipment and services your company provides at this location. r�i�c i F,in azvicr.s Length of time bidder has provided service for this location. Bidder's Business Name: Date submitted: submitted: - ' 0--i 13 31 Bid # GS -13-14.09 BIDDER'S REFERENCES The Bidder shall submit five (5) references with full-service contracts for similar types of maintenance services with companies that have been under contract with the bidder for a period of not less than (3) years and the locations serviced are located within 50 miles from Santa Clarita, CA. Business name and other facility identification J)Wltil VA',LIC Service address I H H C 'S C T)Ati. i f= 1 C pvv f. Contract manager name & phone number kkwatc r�,Ara A-, c L:_A-L� quv Hcii Type of facility and general use xyx MvhVPAr i f5c Oi rIG Total square feet this location' cc i< List the type of equipment and services your company provides at this location. Length of time bidder has provided service for this location. Bidder's Business Name: I+Cr4 e. -f w ;i -L Date submitted: 'd- DLI ' i'' 32 Bid # GS -13-14-09 BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City Of Santa Clarita for:the ($ ), this amount being not less than ten percent (10 said AGENCYof the total amou de of this bid. --The of this check shall become the property Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the unute a contract and furnish the required bonds within the stipulated time; .otherwise, the check shall be returned todersigned shall fail to execthe undersigned. Project Name; GS -13.14-09 Building HVAC Maintenance Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. 33 Bid # GS -13.14.09 PROPOSAL GUARANTEE BID BOND GS -13-14-09 Building HVAC Maintenance City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that HONEYWELL INTERNATIONAL INC. as BIDDER, and FEDERAL INSURANCE COMPANY as SURETY, are held and Santa Claritta, as AGENCY, In the penal sum of �GGv%/Ii7f(Ltrif?nJrJTli� i`�/d � Y'Nin�ellars (S 11)3411, which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, If said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this 27th day of August 20 13 nrn H[7NE1kEELL.INTERItATIONAL INC. Lois H. Fuchs, Vice President, Risk Management HONEYWELL INTERNATIONAL INC., 22 Centerpointe Drive 0100, La Palma, CA 90623 Mark Spangler, Account Representative, 719.562.3163 FEDERAL INSDRANCE COMPANY 15 Mountain View Roafl Warren NJ 07061-1615 Jamee Gonoan, Dnderwriter, 215.981.9231 Subscribed and sworn to this 27th day -of Aucrust , 20 is NOTARY PUBLIC see Attached All -Purpose Acknowledgement 'Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. Bld 8 GS -13.14-09 34 Federal lnsuranceCompany . Lkl �- - POWER IS Mountain View Road Chubb OF Vigilant Insurance Company Warren, NJ 07069 Surety ATTORNEY Pacific Indemnity company NCE c1 iu 3� COMPANY, an Indiana Know All eyNewsee P son I hot FEDERAL Yo�k k Den Tse an nBPACIruno Juga REB NTM Christine A. Dunn, Sheryl L.Fensin eneY do each hereby 1�Joyca C. Rosenberg, and Matthew J. Rosenberg of COMappoint Jonathan F. Dw ...... David A. Johnson, Klmbedy.......ly,Davld C. Rosenbe_rg,Harry full seats to and deliver la and on their behalf as surety s Obligate In NB nelura lh&sof (other than ball ponds) given of exeddad In the cowse at business, and BM each as their We and lawful Allomsy- In- FOCI to exaale under euGr deaWnan the N their nems and to can thea coroo obing eIn the AS - thereon IX othsnNse, bontls end uMletlakingn and other sale to ng Inch asthe amending 91 orsharinginshems,end Can aures to InsmOblgate IXaNOreilon 01 any USWmeM maned to In Said bonds or m Wdness Vmendin sold FEDERALINSURANCE COMPs�+NY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each eXeanetl and ettealetl these assents end e6oeo the" corporate seats an this 7 deyol December, t. 2. P% Da . Noais, Jr., 'AmPr� K1111 andel, Assts ani Seorelary STATE OF NEW JERSEY County of bomerea Jersey, nPneaY creme Kenneth C. Wendel, to me known to be Aseietanl Secretary at on thic 7th day al December, 2012 Delors me. a Na al Poly n NawIFIL a ANT me day swam, did tlePose sed rele� els is Assistant the seals of FEDlo Ina ioregoing Pa" Attorney, of Attamey, re such FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the mmpeniee whish exeauletl the foregdng ower o pnomey, and the said Kenneth G. wandel, beingbyM Y an of said INSURANCE COMPANY, end PACIFIC INDEN of the end knaves Companies. nand that he signed said Paver of Attorney as AasL{lenl Secretary of sold Campan as corporate seals end ware tnerelo stared by and In deponents presence. su D40 aut lose;and first id power of Is acgainted withDay lhadwdan, orog Oe.NorrLs�Jr`oandV»ae Nereloacubscriblad by a�^odbo(s Id BY-,IUS; and that aLawsnetuB Ol David B. Nems, t., Notarial Seal YATHER)NE I ADEIAAR NOTARY PUBUC OF NEW JERSEY hit•. 2316665 � CommiWort 4lpirea July lb, 2Di4 y CERTIFICATION COMPANY and PACIFIC INDEMNITY COMPANY: INSURANCE COMPANY, NOILANT INSURANCE ExlreU from the By. Laws of FEDERAL Ime and Shell be exeeuted In the name and on bane'(' the Company, either In' els sig nman . he •Atl pawarc of attorney for and on behalf of Ins Company y l be the Seuelary or an ASSISLa"1 Saerelary, under their raspeotrve designations. The IDS Presldenl or a Vice President m an Assistant vee President, Jointly n ma De afivetl M facslmlle to any poser of anomay or to any srgnalure al such ogXxre maY engraved PAire or lithograp end The eeeael of theeach of otced famh an, to any p any f an President, a Assistant VK:e President, any SeaelB y, any sas Dory o(execrNng and ari"Ung bonds and arldBnBkings a^tl Darer certificate relegng thOmIO sPPolnUhg MsisWN SBaela ow or ,attorne In, Fad for passeSuch 16ASUASS ma company wdl'mgs obligatory In the nature thereol, and arrysuch ander of ahomeSG� ladle signature re end tecstmllelc 01 shall be Valid and binding Upon d and binding upon the Company end any such power so exewisd and eBNiriW M with respect to any bond at undeda (Ing to which II N attached.' I, Kenneth C. Wendel, Assists Al SSaelary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (,he -Companies') do hasty costly that ales is true and coned, (6 the foregoing exueG of the By- Lawn of the Compo the Companies are dory a by- d and aubwdzed to tmnseci surety Walneu In all 6g of the United Sales of America and the Dlaldd of Cofumtde and ere h eCom,p h' the U.S. Treasury Oepedreast further federal and Vlgila^I era licensed In Puede film and the U.S. Virgin Island', and Federal Is Ilransetl In American Samoa, the, Guam. $U nd ¢esti a ho Prwl"aes of Canada except Prince Edward island; and (dl) the foregoing Power of Agoma We, carred and In Ng brae erXl shied. ey doy oI Augusl, 2013. les at Warren. NJ this 27th Given under MY hand and seers of said Dampen e IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VbarT MATTER, PLEASE CONTACT US AT ADDRESS LUSTED ABOVE, Form 15.10.02258• U (Ed. 5.03) CONSENT BYTTelephone (008)903-3449DFax(90 )I903 -3656A NY ALL-PURPOSE ACKNOWLEDGMENT State of Pennsylvania ss. County of Montgomery August 27, 2013 before me, Julia R. Burnet , On x.e+of mofo wi;,*b pw, ago PN i ow personally appeared Christine A. Dunn Art orwefa,.- - COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIA R. BURNET, Notary Public Upper Merlon Twp- Montgomery County My Commission Expires August 19. 2014 O personally known to me ® proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signatures) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS myn hand/sand official t a. ay,,.ee a amn were y` OPTIONAL y Though the inloh shon "I,, is not m removal end If MYanaProve o le to Penton- ralyng on me dowmenr and =)d prevem rn�lprm o anotne� document. 1 - Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: lop d arm'b Mre O Individual O Corporate Officer —Trtle(s): 1 O Partner — O Limited O General ® Attorney -in -Fact [3 Trustee O Guardian or Conservator O Other. 1 Signer Is Representing: O 199] NaUMeI Noun Asaodooen • Y450 b Sob Ave., P.O. Bay 41p] • LN¢wIR LA91]11N]] • xvw.nvrenWrdery.ap P,o]. No. SW] R , W jC . 1-0p}a76 7 SAMPLE CONTRACT D. MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract No. of THIS MAINTENANCE AGREEMENT ("Agreement") O made and ARITA,entered gene al law citythis yand -_ 20_, by and between the CITY OF SANTA CLARITA, a g municipal corporation ("CITY") and a Corporation ("CONTRACTOR'). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration. CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration. CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and basis an C. As additional consideration, CRY agrees to pay w is isinco incorporated by reference, for amount set forth in the attached Exhibit " CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2, TERM. The term of this Agreement will be from .20 to .20 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit" B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional do ,ther office spaceel. andall faciltiles, and allmaterials. sts, testingequipment, and printing, vehicles, transportation, P analyses, calculation, and all other means whatsoever, except as herein otherwise ry or comrplete the workd dand provide thea professional sere icto be furnishd by CITY, es raqu �edr oP er CONTRAC OR by this Agreement. 4. PREVAILING WAGES. thout A. §§ 1720r r(as amyendedappllby AB 975cable (2001)), 1771,d177e law incluing, 4,1775, limitation775, and 177.6, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agreesto any ws. In penalty or civil damages resulting from a violation of the prevailing wage accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www dim//DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. 35 Bid d GS -13-14-09 B.Protection of Resident Workers The City of Santa Cents actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U,S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK, A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: L Thoroughly investigated and considered the scope of services to be performed; and i. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). 36 Bid # Gs -13-14-09 D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance t be placed insurers with a current A.M. Best Company Rating equivalent to at Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement. City may obtain such coverage due to TRACTOOR'sCONTRACTe P rider this s and deduct the cost of such insurance from payor Agreement or terminate. In the altemativerQshould CONTRACTOR ail to hee .apUof the F. 7, TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement. -upon providing written notice to CITY at least thirty (30) days before the effective termination date. C Should Agreement be to those terminatedt to this Section, CITY may procure on its ownterms services D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, thout ility, arising out of the performance of this agreement limitation, damages, costs (including, t by CONT RACTOR attorney's nShould CIinjuries. TY he named) inbany suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of servic3s Bid W GS -13-14-09 rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against It or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any srlbsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 38 Bid # GS -13-14-09 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties o auhorize the te s Agreement nd to nage In the acons herein. tThis tAgreement may rbe modified xbyu' written agreement. aC TY'saciitty Manager may execute Jany such amendment on behalf of CITY. this Agreement, agreements 20. ACCEPTANCE FACSIMILE Ire SIGNATURES documents to be entered Parties agtoen connection ion with this Agreement ancillary to this Agreement, will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFCT OF CNFLCT. In the event any incongruity etween any prov si nEof this AgreOemenit, its attachments, the purchaseforder, or notice to p orceed, he provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. ole 24. ENTIRE AGREEMENT. This Agreement and its one aintenance. attachment constitutes tentathatathe thent ere between CONTRACTOR and CITY respecting additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated exp esed oimplied, if set oel oowriab above. There are no other understandings, terms or othe ct r25. egulations Oinclud ng, wit oust limitation, CITY's conflict of interest regulatio'of interest laws and regulations. (SIGNATURES ON NEXT PAGE) Hid 4 GS -13-14-09 39 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Sample Only Do Not Sian Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: 40 Bid # GS -15-14-09 FAITHFUL PERFORMANCE BOND GS -13-14-09 Building HVAC Maintenance City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as as- ONTRACTOR,ANDsum SURETY, are held and firmly bound unto the City of Santa Clarita, dollars (g CY, in the pej awh ch of payment of is 0. ie (100°/6) percent of the total amount for bo above -stated sever, for the which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. For service contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the annual value.of such contract. The term of the bond shall cover the initial contract term. Thereafter, CONTRACTOR and SURETY, must submit a new or renewed bond covering each subsequent annual renewal of the contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been Y for the awarded and is ectut to enter into tannexed if CONTRACTOR faithfully perfonrms and fulfillstract nall obligatit with 0 above -stated project, onsunder the contract documents in the manner and time specified therein, then this obligation shall be null an void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of — CONTRACTOR* SURETY` Subscribed and sworn to this day of 20 NOTARY PUBLIC * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 41 Bid N GS -1314.09 LABOR AND MATERIAL BOND GS -13-14-09 Building HVAC Maintenance City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as as CONTRACTOR AND al sum SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the pendolla s of is ), which is one -hundred (100°/x) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. For service contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The term of the bond shall cover the initial contract term. Thereafter. CONTRACTOR and SURETY must submit a new or renewed bond covering each subsequent annual renewal of the contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, If CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 20_ CONTRACTOR' .. SURETY' Subscribed and sworn to this 20 NOTARY PUBLIC day of • Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 42 Bid # GS -13-14-09 PRICING E. The total cost listed below shall include all costs for all equipment, services and locations listed within the specifications. Payments for maintenance services will be made monthly. TOTAL BID - MAINTENANCE CITY HALL BUILDING Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location .3I PUBLIC WORKS CORPORATE YARD Total Annual Cost for AH HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, arid Emergency•Services for This Location .. $ -71 TRANSIT MAINTENANCE FACILITY Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency S ice;or This Location .. ----------- 2oc JO ANNE DARCY / CANYON COUNTRY LIBRARY Total Annual Cost for Ali HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location $ IJ -0 5• oC, VALENCIA LIBRARY Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This LOQatlon OLD TOWN NEWHALL LIBRARY Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative rvice, and Emergency Services for This Location Maintenance, Zone Temperature Control Se M 43 Bid # GS -13-14-09 JAN HEIDT NEWHALL METROLINK STATION Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location ., $ =-/,00 SANTA CLARITA METROLINK STATION Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location ., $ -7Npc, VIA PRINCESSA METROLINK STATION Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location _ .. $ -7 -7y,c,c) CHANNEL 20 PUBLIC ACCESS TV STUDIOS (SCVTV) Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services f/V for This Location „ $ 021 1'5 1 1 SANTA CLARITA BUSINESS INCUBATOR AND SPECIAL DISTRICTS OFFICES Total Annual Cost for All HVAC Mechanical Equipment Repair, Preventative Maintenance, Zone Temperature Control Service, and Emergency Services for This Location .. $ / f - I /ZU' oO TOTAL BID - ANNUAL TOTAL ALL SITES COMBINED: oc (also enter Iota on page one) The Agency is bidding this project with the above stated Bid Schedule. The Agency will award the Contract to the lowest responsive, responsible Bidder. The City reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the City. Bid # GS -1314.09 44 *' Note: City will require selected contractor to submit monthly invoices per location (a) All invoices shall be job specific and include a detailed list of all materials used, labor hours and skill levels, job account number and name of City contact for project. (b) Certain small parts, such as wire, nuts, bolts, screws, tape and other consumables shall be included as overhead in the labor rate quoted for the project. (c) All guarantees and warranties obtainable by the contractor from manufacturers and vendors of equipment, in the performance of this contract, shall be extended to the City to the full extent of their terms. as Bid # GS -13-14-09 Additional Work Price Sheet Prices submitted shall be the same for all service locations, whether those locations are included in the original contract and/or for additional services or locations that may be added to the contract at a later date. Contractor shall be paid for only actual work completed while on site at the designated service locations unless otherwise approved by the City prior to the start of work. u' 1. HVAC engineering, design, and consultation work Hourly rate $ 1 1 _2- 2. - 2. Mark up for parts and materials (not to exceed 20%) (For equipment & locations not included in service agreement) Ze % (enter markup %above) Contractor will provide invoices documenting last receipt unit cost for all material billed upon request of the City. 3. Hourly Rates for. Foreman Journeyman Apprentice General Labor $ d k NLr 0.K' $ t3�7 $ rJ Q 0C rl0f hihP� CX' $ 11 4. Hourly rates for Other - Please describe completely. rA JiC tfIKf IC*j 5P ftw IC -C- $ 14' $ Bidders Business Name: Hr ur�vwr�l t - Date: q, ' i*') ` 4s Birt # Gs -13-14-09 SERVICE LOCATIONS CITY HALL BUILDING 23920 Valencia Building Santa Clarita, CA 91355 PUBLIC WORKS CORPORATION YARD 25663 Avenue Stanford Santa Clarita, CA 91355 TRANSIT-MAINTENCE FACILITY 28250 Constellation Road Santa Clarita, CA 91355 JO ANNE DARCY LIBRARY 18601 Soledad Canyon Road Santa Clarita, CA 91351 VALENCIA LIBRARY 23743 W. Valencia Blvd. Santa Clarita, CA 91355 OLD TOWN NEWHALL LIBRARY 22601 Lyons Avenue Newhall, CA 91321 JAN HEIDT NEWHALL METROLINK STATION 24300 Railroad Avenue Santa Clarita, CA 91321 SANTA CLARITA METROLINK STATION 22122 Soledad Canyon Road . Santa Clarita, CA 91350 VIA PRINCESSA METROLINK STATION 12910 Via Princessa Santa Clarita, CA 91351 CHANNEL 20 PUBLIC ACCESS TV STUDIOS (SCVTV) 2250514 1h Street Santa Clarita, CA 91321 SANTA CLARITA BUSINESS INCUBATOR Ninth SD SPECIAL DISTRICTS OFFICES t. Santa Clarita, CA 91321 47 Bid W GS -13-14-09 EXHIBIT A-2 LISTS OF COVERED EQUIPMENT MECHANICAL SYSTEMS, COMPONENTS, AND HARDNVARE Covered equipment shall also include all related control systems, hardware, and/or other components that are required for the proper function and safe operation of the listed equipment. CITY HALL BUILDING FILTER SERVICES CITY HALL BUILDING Quantity Size Type Location Component Rating Manufacturer Model Quantity Packaue Units 40 -ton Carrier 5ODL44 4 _ Packaee Units 30 -ton Carrier 50DF034 2 Not Nater Boiler 1800 BTU Raypak H9-1502 1 Enthalpy Controllers Honeywell 1-1705A 6 Enthalpy Sensors Honeywell C7400A 6 - Damper Motors - Honeywell - 6 _ Dampers - - - 12 Relays Honeywell 6 Relays Honeywell 6 L.P.A. Hy -Save 12 OR Relays Honeywell R482B 4 OR Relay Honeywell R882C I Air Compressor/Dryer (2) 5 Hp Duplex HTA80 1 Transformer Honeywell A7720 t O&A Sensor Honeywell C717A 1 M&O Link Honeywell Y7505 I Split System 2 -ton Carrier 38 QR024000 I _ Package Unit 2 -ton Carrier 542GNX024 1 Condensing Unit 2.5 -ton Rudd UAKA030JAC I Air Handler 2.5 -ton Sun Therm S41-34-05-COA I Exhaust Fans 1/6, 1/2 XXX 2 Split System 1.5 Ton Mitsubishi MSYGEI BNA I Split System 1.5 Ton York DINHO36NO5606C I CITY HALL BUILDING FILTER SERVICES Location Quantity Size Type 60 20x25x2 Pleated Disposable 7 16x20x1 jPleated Disposable Bid # GS -13-14-09 48 CITY HALL BUILDING EMS SYSTEM Manufacturer Mndel HONEYWELL I EXCEL 15B MANAGER - W7760B 49 Bid V GS -13-14-09 PUBLIC WORKS CORPORATE PARD EMS SYSTEM \lanufacturer Model HONEYWELL I EXCEL I5B MANAGER - W7760B Bid # GS -13-14-09 . 50 oron w -III -.o TRANSIT MAINTENANCE FACILITI' Component Ratin k 6lanufacmrer Model Ouantirr Condensin UNt 209-2311, CARRIER 39BNR019311 1 EMon", Fon Coil Unin IOg-230, CARRIER 408N E018301 1 Condensma Unit 460v C.ARItIER 39O110600611 I Condensirtg Unit IIS, CARRIER 39BKW9130 5 Condensm Unit 209.230, CARRIER I 38BI1019331 1 Roof"B" Condensing Unit 208 230, CARRIER 38OR036C321 2 Rrw1"'B" C'ondensin • Unk REZNOR - 1 Break roam"B" Hem Pump 1 208-230, 1 CARRIER 1 40OVE2-3 Manouer"B" Fan Coil Unit IISv C'ARRIEN 40ONE009100 I Suaemisor "B" Fan Coil Unit I I5, CARRIER 40ONE009100 I Pans "B'• Fan Coil Unit 115, CARRIER 40ONE009100 I \4eder-Knot Pon Coil Unit 115, CARRIER 40*NE004100 I cop" Roam "B" For Coil Unit 115, C'ARI2IER 40ONE009101) I Mcetine lkooni -'B" Fan Coil Unit 15, CARRIER 4(I NE009100 I Roof "A" Heatine and Cooline Un it 5 -ton TRANE WCS()60A4RCA I 00200A00006011 I Itnuf-A" Heroine and Cuolina Un it 4 -tan TRANE \MCS060A4ROA1G0l00A000060(1 I Interior Hum 1'unn 460, CLIMATE MASTER GSV036.AFC30TRTS _ Interior -A' A'C 460, CLIMATE MASTER GLMo90AFC'3CCITS 4 Building A - SE Quad By ass Fon Meth Room AI IS I!(, HP - 120 V COOK 135 SON -B I Building A - SU' Quad Bypass Fan Mech. Room A139 14 HP • 120 V COOK 150 SON -B 1 Building A - NE Quad Bypass Fan Mech. Room AI63 114 HP - 120 V COOK 135 SON -B I Building A - NN' Quad Bypass Fan Mech. Room A169 120 \' COOK 135 SON -B I Building A - Fimess/Loungro By ass Fan Roof 1/4 HP - 120 Vi COOK I50 S N -B 1 Budding A - Dispatch Area Bypass Fan Roof 1/6 HP - 120 V COOK 100 5 N -B 1 Building A - S Quad Women's Restroom - W. Restroom AI 13 120 V COOK GC -320 1 Building A - S Quad Men's Restroom M. Restroom AI 14 120 M COOK GC -320 I Buildine A - N Quad Men's Restroom M. Restroom AI66 120 V COOK GC -320 1 Building A - N Quad Women's Restroom W. Restroum A167 120 V COOK GC -3_10 1 Building A - E Quad Men's Locker Room Roof 116 HP - 120 V COOK ACE -B 135CIB 1 Building A - E Quad Women's Locker Ruono Itwf 1/6 HI' - 120 V COOK ACE -B 135CIB I Building A - E Quad Lloctricul Roam hoof 1/6 HP • 120 V COOK ACE -B 135C28 1 Building A - SE Quad Customer Service hoof 1/6 HP - 120 V COOK ACG -B 135C2B I Building A - SE Quad Coffee Niche Coffee NOne AI 19 IN V I COOK GC -240 I Building A - SW Quad COPY Boom Roof 116 HP - 120 V COOK ACE -B 71IC26 I Building A - NE Quad Workroom Office Su h• Roar I/6 HP • 120 V COOK ACE -B 70C2B 1 Building A - NE Quad Break Room Roof 1/6 HP - 120 V COOK AC'E-B 70C2B I Building A- Employee Break Boom Type II Hood Roof' 1/2 HI' .209 V COOK 135 CPA 1 Building B - W Repair Buys Flex En tine Exhaust Rrmi' I HP -460 V COOK 225 CPA I Building B - W Repair Boys General Exhaust Roof 1.5 HP -4611 COOK 330 C'PA 1 Building B - Himmel Room Ranf 116 HP - 120 V COOK I ACE -B 10OC'2B 1 oron w -III -.o TRANSIT MAINTENANCE FACILITY TRANSIT MAN'TPJCANCE FACILITI' CONT. Iwrcalion Cnm onent Rating Manufacturer MuUel uantity Building B - Women's Roof 1/6 HP - 120 COOK COOK ACE -B 70C2B I 1 Locker/Shoncr 20"X25"X2" Pleated Dist osable 2 24"X28"X]" PleatedDst osable Building B - Men's/Women's 16"X24' " 1/3 HP - 120 V COOK ACE -B 135C4B Pleated Disposable Itestmum Roof I Pleated Dis osable Building B - Men's Roof 116 HP - 120 V COOK ACE -B 135C28 1 Locl;Cr/Sho\yer Ronf 113 HP - 120 \/ COOK 120 (,P\/ 1 Building B . Lube/Compressor Arm Building B - Gen. Repair Roof 314 HP -460 V COOK 245 CPV 1 Bav Maintenance Pit Building B - E Repan Bays 3/4 HP - 48(1 V COOK '_ 10 CPA 1 Fkx L-nginc Exhaust hoof Building B - E Repair Bays 2 HI' 460 V COOK I J30 CPAC, encr it Exhaust Ronl- - Building U - W' Rcpair Brw( 314 Jill -400 V COOK I 210 CPA Brays Fks dinging Exhausl hoof 11.7 HP - 120 V COOK 120 C'1'\+ Building B - Ekmmmc Shu Ili HP - I'_0 V COOK 120 CPV I I Building B - Weld/Fah. Silo Hoof Building U - Brake Shop lion( 113 HP - 120 V COOK I 150 CPV Common Work Arco Resvwnt 8134 120 V COOK GC -240 I Building B - Restroom Ouiklvre B - W Repair Bay Roof 1.5 HP - 460 COOK I 330 CPA General Exhaust Building B - W' Repay Bays Roof 1.5 HP - 460 COOK 1 270 CPA General Exhaust 'Building B - W Repay Bays Rwf L5 HP - 460 COOK 1 330 CPA Eine na Exhaust Building B - W Repair Bays Roof 1.5 HP - 460 COOK 1 330 CPA Emeraencv Exhaust Building B - W' Repair Bays Roof L5 HP - 460 COOK I 1 170 CPA Emer ncy Exhaust Roof 3/4 HP - 460 V COOK 300 CPV I Buildine B - Parts Storeroom Roof 3/4 HP - 460 V COOK 300 CVP 1 Buildin B - Sh' me/Receivine 120 V COOK GC -120 1 Buildin B - Pans Office Pans Office 8127 GC I Building B - Money Room Mwev Room BI31 120 V COOK -120 BniWut¢ B - Vocuam E u' Room Vac. Equip 8141 120 V COOK GC -120 1 Building B - Closet Closet B I06A 120 V COOK GC -120 I Parking Lot Cooling (ower 47 TON BALTIMORE VFI-048-2_IM I Server Room CRAC Unit 480 V DATA AIRE DTWD-0534 2 TRANSIT MAINTENANCE FACILITY FILTER SERVICES Location uantitY Size Type 2 16"X30"Xl" Pleated Disposable 2 24"X28"XI" Pleated Disposable 9 20"X25"XI" Pleated Disposable 6 20"X25"X2" Pleated Dist osable 2 24"X28"X]" PleatedDst osable 3 16"X24' " Pleated Dis osable 4 12"X30"XI" Pleated Disposable 1 25"X25"XI" I Pleated Dis osable 52 Bid H GS -13-14-09 TRANSIT MAINTENANCE FACILITY EMS SYSTEM Manufacturer iModel Carrier Comfort Controller / 1600 Carrier Comfort Controller / 6400 JO ANNE DARCY / CANYON COUNTRY LIBRARY Location Component Rating Manufacturer ModelQuantity JDL Roof Package Unit 4 -ton Bryant 655APX048 3 JDL Roof Packaee Unit 5 -ton Bryant 655APX060 5 JDL Roof Packaee Unit 7.5 -ton Carrier 5OTF0008 I 1D1- Roof Package Unit 2 -ton Bryant 655ANX024 I JO ANNE DARCY / CANYON COUNTRY LIBRARY FILTER SERVICES Location Quantity Size Type JDL Roof 9 20X30X1 Pleated Disposable JDL Roof 4 16X20X2 Pleated Disposable VALENCIA LIBRARY Location Component Rating Manufacturer Size Quantity Mechanical Enclosure Supply Fan 3 Pace 29,000 CFM I Mechanical Room Mechanical Room Return Fan 3 VFD Pace N/A 24,000 CFM 25-7.5 Hp I 2 Ceiling Space Mechanical Room Variable Air Volume Box Temporary Air Compressor N/A Dayton Various CFM I/2 )Ip 14 I VALENCIA LIBRARY FILTER SERVICES Location Quantity Size Ty e Upstairs - Valencia Library 12 24x24x2 Pleated Disposable I Instars - Valencia Library 12 12x24x2 Pleated Disposable 53 Bid # GS -13-14-09 Bid # GS -13-14-09 54 OLD TOWN NEWHALL LTBRARV Location Component Neck Size Volts Model Manufacturer Quantity OTNL Cooling Tower USS -19-48 EVAPCO I OTNL Air Handlers SA -035 AAON 2 OTNL VAV 8 115 DESV TITUS 2 OTNL VAV 10 115 DESV TITUS I OTNL VAV 8 IIS DESV TITUS 2 OTNL VAV 8 115 DESV TITUS I OTNL VAV 6 115 DESV TITUS I OTNL VAN' 12 115 DES\' TITUS I OTNL VAN' 10 IIS DESV TITUS I OTNL VAV S, 115 DESV TITUS I OTNL VAV 12 115 UES\' TITUS I OTNL VAV 6 115 DES\' TITUS I OTNL VAV 12 115 DLSV TITUS I OTNL VAV 10 115 DESV TITUS 1 OTNL VAV 5 115 DESV TITUS I OTNL VAV 5 IIS DESV TITUS I OTNL VAV 14 115 DESV TITUS I OTNL VAV 14 IIS DESV TITUS I OTNL VAV 8 115 DESV TITUS I OTNL VAV 8 115 DESV TITUS I OTNL VAV 14 115 DESV TITUS I OTNL VAV 10 115 DESV TITUS I OTNL VAV 6 IIS DESV TITUS I OTNL VAV 5 115 DESV TITUS I OTNL VAV 8 115 DESV TITUS I OTNL VAV 16 115 DTQS TITUS 2 OTNL VAV 5 115 DESV TITUS I OTNL VAV 5 115 DESV TITUS I OTNL Heal Pumn NLH-120 Water furnace envision I OTNL lieatine Coil I OTNL Self Contained Cooler Mini mate 2mm-1.5 LICbCTl I OTNL Exhaust Fan SO -90-D Greenheck I OTNL Exhaust Fan BS-130FIP4 Greenheck I OTNL Exhaust Fan SO.85-D Greenheck I OTNL Exhaust Fan BSO-160HP-3 Greenheck I OTNL Exhaust FanBS 70-4 Greenheck 1 OTNL Exhaust Fan OEG22-I Greenheck 2 Bid # GS -13-14-09 54 OLD TOWN NEWHALL LIBRARY FILTER SERVICES OLD TONT NEWHALL LIBRAR)' CONT. Quantity Size Neck Size Volts Model Manufacturer Quantity• Location Component 5 -80-G Greenhecl: I OTNL Exhaus[ Fan I 20"x25"x2" Pleated Disposable QEI-22-I Greenheck I OTNL Su Iv fan - outside air SSS081 Lochinvar I OTNL Indirect water beater SBN'IOUO Lochinvar I OTNL Boiler - bldg rehear OTNL Expansion tank - bladder type 400-L Armstrong I OTN'L Dirt & air ae BraIDfS(I)C81mC N'alefl DAS-2.5 Amstron I OTNL Din 8 air separaiorstcondenser water[ HTXI0200 Lakos I 4300 2x2xR Armstrong - OTNL Hvdronic um '- - 4300 4,\4x 11.5Mnstrong OTNL Hvdronic pump '- ArmBo-E-E 14 Artns[rone OTNL Hvdronicum 5(IF TITUS I OTN'L :\ir Termu)al Schedule OTNL Air Terminal Schedule 35OR-L TITUS I Omni TITUS I OTNL Air Terminal Schedule 300RS TITUS 1 OTN'L Air Terminal Schedule OTNL Air Terminal Schedule Flowbar TITUS I Self Contained Cooler Mini mate MM24E Lieber[ I OTNL OLD TOWN NEWHALL LIBRARY FILTER SERVICES Location Quantity Size Tvpe 1 g 20"x20"x4" Pleated Disposable 22 20"x20"x2" Pleated Disposable I 20"x25"x2" Pleated Disposable OLD TOWN NEWHALL LIBRARY EMS SYSTEM Manufacturer Model H0NE7'WEL1, Enterprise Building Intergrator - R410.2 55 Bid N GS -13-14-09 JAN HEIDT NEWHALL METROLINK STATION Location Component Rating Manufacturer Mode] Quantity 24300 Railroad Avenue Condensing Unit 1.5 -ton Carrier 138YAC01830 2 24300 Railroad Avenue Air Handler 1.5 -ton Carrier I FB4ANS018 2 JAN HEIDT NEWHALL METROLINK STATION FILTER SERVICES Location I Quantity I Size I Tvpe 24300 Railroad Avenue 1 ' 116X25XI IPleated Disposable SANTA CLARITA METROLINK STATION Location Component I Rating Manufacturer Model Quantity 22122 Soledad Canyon Road Condensing Unit 3 -ton Carrier 38YCI3036 1 22122 5oledad Canyon Road Air Handler 3 -ton Carrier FB4ANS036 I SANTA CLARITA METROLINK STATION FILTER SERVICES Location I Quantih,Size Rating I Type 22122 Soledad Canyon Road I 1 116X25X I I Pleated Disposable VIA PRINCESSA METROLINK STATION Location I Component Rating Manufacturer Model Quantity 12910 Via Princessa (indoor) Fan Coil Carrier 40N4VP009-1 1 1 12910 Via Princessa (Outdoor) Condenser I Carrier 38MV0009-1 I I VIA PRINCESSA METROLINK STATION FILTER SERVICES Location Quantity Size Type 12910 Via Princessa I Washable Bid # GS -13-14-09 56 S SCVTVLocation CHANNEL 20MIO-tonm Location Componentfacturer Rating Manufacturer Model Quantity Rooftop Package ACeemRooftop York 30 -ton 1 Mechanical Room AHU Packaee ACeemRooftop 7.5 Hp I Mechanical Room Boiler RBl Packaee ACeem Mechanical Room Chilled Water Pump B&G CHANNEL 20 PUBLIC ACCESS TV STUDIOS (SCVTnr) FILTER SERVICES Location uantity Size Type Rooftop 7 35X253:2 Pleated Disposable SANTA CLARITA BUSINESS INCUBATOR AND SPECIAL DISTRICTS OFFICES Location Component Rating Manufacturer Size Quantity Mechanical Enclosure Air-cooled ChMer York 30 -ton 1 Mechanical Room AHU York 7.5 Hp I Mechanical Room Boiler RBl 900,000BTUh t Mechanical Room Chilled Water Pump B&G -1 1/2 Hp I Mechanical Room Hot Water Pump B&G 1/6 Hp I SANTA CLARITA BUSINESS INCUBATOR AND SPECIAL DISTRICTS OFFICES FILTER SERVICES Location I Ouant1tv Size Type Mechanical Room 8 1600 Pleated Disposable 57 Bid # GS -13.14-09 I SERVICE TECHNICIAN INFORMATION Any Technician identified should be those regularly assigned to maintain the City account. Any Technician changes shall be updated monthly. TECHNICIAN NAME 3. tAARK GcRr)c t4 4. 17,�-v i r) 1%C K Bidders Business Name: HC 1F , ",G; L - Date: 96 - 3j • 13 Bid # GS -13-14.09 TIME EMPLOYED BY BIDDER 5 3--1 yr --e 11, 4 R'. 3I (rz al Y1ZS 58 MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND HONEYWELL INTERNATIONAL, INC. Contract No. 13-00355 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of 20_, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and HONEYWELL INTERNATIONAL, INC., a California Corporation ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR on a monthly basis an amount equal to 1/12 the annual amounts set forth in the attached Exhibit "A — Bidder's Response," plus a 15 -percent contingency of SEVENTEEN THOUSAND TWENTY-FOUR DOLLARS ($17,024) to be paid at the City's discretion in the event of unanticipated equipment failures not covered in the maintenance contract, for a total contract price not to exceed ONE HUNDRED THIRTY THOUSAND FIVE HUNDRED SEVENTEEN DOLLARS ($130,517), plus Consumer Price Index (CPI) adjustments, which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from November 1, 2013, to November 1, 2014. The Agreement may be renewed annually for four (4) additional one-year terms upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit "A — Bidder's Response." B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper Revised 8/2011 Page 1 of 8 r to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by. AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY'S Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.gov/DI,SR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. B. If this contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. C. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FANHLIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Revised 8/2011 Page 2 of 8 i. Thoroughly investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol I (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of Revised 8/2011 Page 3 of 8 policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII " Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative should CONTRACTOR fail to meet any of the insurance requirements under this agreement City may cancel the Agreement immediately with no penalty. F. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of recut of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Revised 8/2011 Page 4 of 8 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Honeywell International, Inc. 22 Centerpointe Drive, Suite 100 La Palma, CA 90613 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any Revised 82011 Page 5 of 8 other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. Revised 8/2011 Page 6 of 8 24. ENTIRE AGREEMENT. This Agreement and its two attachments constitute the sole agreement between CONTRACTOR and CITY respecting HVAC maintenance. To the extent that there are additional terms and conditions contained in Exhibit "A — Bidder's Response" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (SIGNATURES ON NEXT PAGE) Revised 8/2011 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY I� City Attorney Date: Revised 8/2011 Page 8 of 8