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HomeMy WebLinkAboutAGMT - Pacific Rim Mechanical Contractors (HVAC Maintenance) MAINTENANCE SERVICES AGREEMENT Between SEA1 p , �a PORgT o _ a 27 N L'pUNT I �' City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Pacific Rim Mechanical Contractors, Inc. 1701 East Edinger Avenue F4 Santa Ana, CA 92705 714-285-2800 This Maintenance Service Agreement ("the Agreement") is made as of July 1, 2015 (the "Effective Date"), by and between Pacific Rim Mechanical Contractors, Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a,California charter city, (collectively, "the Parties"). 1 RECITALS A. City desires certain HVAC: maintenance services for various City facilities. B. Contractor represents that it is qualified and able to provide City with such services, NOW THEREFORE, in consideration of the Parties' performance,, of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1 Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the, extent that there is any conflict between Exhibit A and this,Agreement, this Agreement shall control. 1.2 Contractor shall perform all Services, under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3 In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law, 1.4 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of$10,000. Payment for additional work in excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years unless previously terminated as provided by this Agreement through June 30, 2018. An additional two (2) one- year contract extensions'are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City w will pay Contractor in accordance with the cost proposal set forth in S Exhibit B for Services for a cumulative contract not to exceed amount of$65,841 for the initial three-year contract term. Any additional work authorized by the City 2 pursuant to Section 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. 4.0 Method of Payment 4.1 Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2 Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 42 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1 This Agreement may be terminated by City, without cause, or by Contra ctor.based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2 This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1 The City Manager is the City's representative for purposes of this Agreement. 6.2 James T. Broyles is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1 All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Pacific Rim Mechanical Contractors, Inc. 1701 E. Edinger Avenue, F4 Santa Ana, CA 92705 Attn: James T. Broyles 7.2 Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1 Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and ;agents serving as independent contractors in the role of City officials, from any'and all liability, damages, claims, costs and expenses of any nature to the extentlarising from Contractors personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractors failure to promptly payl,to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1 Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that;insurer to bind coverage on its behalf, and shall be on forms provided by the', City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2 Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3 The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, 5 officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4)for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment ent furnished in connection with such work; and (5)for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4 All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5 Any deductibles or self-insured retentions shall be declared"to and approved by the City. Contractor guarantees that, at the option of the City, either: (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs,*claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its,officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death,,in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation. the payment of all consequential damagds and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each (if them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 6 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation' or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 7 20.0 Prohibited Interests; Conflict of Interest 20.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make 'Contractor 'financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2 Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Co6tractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage,or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or ,in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest"; under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy 8 i between the terms of any exhibit so incorporated and the terms 'of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR By: , by: ill . Ingram , City Miry g e r i Name: cl%W/� eD��®� Attest: Its: /oogr- owee, m4w T v1�,, Hn By: f By: 4 Tina Knapp, Acting City Clerk Name: Its: Approved t)Fr : I By: -Craig A. Steele, City Attorney 9 EXHIBIT A SCOPE OF WORK The contract scope of work to be performed generally consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide preventative , maintenance and inspection services of HVAC systems at various City facilities. Typical maintenance work shall include, but not be limited to: a) Work will ordinarily be performed between the hours of 7:00 AM and, 5:30 PM, Monday through Friday. During emergencies,* work may be required at other than normal hours. The Contractor must receive the approval of the Deputy Director of Public Works or his/her authorized representative' prior to commencing work during hours outside those stated above. Technicians must be available to respond to emergencies 24-hours per day, and must be able to respond within two hours of being called. Hourly rates for emergency work and routine repair work shall be paid based on the hourly rate provided!in the bid schedule, and for actual time spent on the job site. No travel time will be paid. b) Contractor shall be responsible for Contractors compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. C) At any time prior to the bid submittal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. d) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. e) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. f) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. g) Contractor-must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. h) Contractor must provide, computerized dispatching, equipment history and refrigerant management documentation. 10 PERSONNEL The contractor shall use and furnish all labor necessary.for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to-require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Deputy Public Works Director or authorized representative, the ,Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with -the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various skilled duties in connection with HVAC sytem maintenance. (d) Licenses 'Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. (b) Maintenance 11 All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Deputy Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate Supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Deputy Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at.least two (2) qualified persons who can be called for emergency conditions at any time that Contractors representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:00 A.M. to 5:30 P.M., Monday through Friday. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact 12 outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than two '(2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. SCOPE OF WORK Contractor shall provide quarterly and annual preventative maintenance work for the City's HVAC systems at various City facilities. Contractor shall provide a heating and air conditioning checklist for each facility after each visit specifying the preventative maintenance performed along with notification of any defective or worn parts needing replacement. The checklist must include all specified PM work noted herein for each location. All extraordinary repair work requires approval from the City prior to beginning work. The preventative maintenance work includes but is not limited to: Quarterly Preventative Maintenance— Package Heat Pump • Replace air filter(s) • Add biocide to condensate pan • Inspect blower • Inspect fan belt alignment and tension • Inspect fan motor(s) operation • Inspect condensate pan & p-trap • Inspect electrical contacts • Inspect condensate piping for proper pitch • Inspect exterior of unit and panel fasteners • Inspect for refrigerant leaks • Inspect coil condition Evap. (clean 1 dirty) • Inspect coil condition Cond. (clean dirty) • Inspect unit and pipe insulation • Inspect electrical connections, tighten as necessary Annual Preventative Maintenance— Package Heat Pump • Replace drive belt(s) • Lubricate motor bearings • Clean condenser coil • Inspect operation of reversing valve • Inspect operation of economizer • Inspect unit and pipe insulation • Check compressor 1 amperage • Check compressor 2 amperage Quarterly Preventative Maintenance— Package Gas Electric, 13 • Replace air filter(s) • Replace/add biocide to condensate pan • Inspect blower • Inspect fan belt • Inspect fan motor(s) operation • Inspect condensate pan & p-trap • Inspect condensate piping for proper pitch • Inspect electrical connections, tighten as necessary • Inspect all electrical contacts • Inspect unit for excessive vibration and noise • Inspect exterior of unit and panel fasteners • Visually Inspect for refrigerant leaks • Inspect coil condition Evap. (clean /dirty) • Inspect coil condition Cond. (clean /dirty) • Inspect operation of Compressor Inspect for gas leaks Annual Preventative Maintenance— Package Gas Electric • Replace drive belt(s), if included • Lubricate motor bearings • Clean condenser coil, if included • Clean vestibule • Inspect operation of economizer • Inspect operation of gas valve • Inspect operation of ignition system • Inspect flame condition adjust as required • Inspect for cracked, warped or dirty heat exchanger • Inspect operation of safety control limits • Inspect unit and pipe insulation • Inspect flue for proper venting • Check system voltage • Check indoor fan amperage • Check outdoor fan amperage • Check compressor 1 amperage • Check compressor 2 amperage Quarterly Preventative Maintenance— Condensing Unit • Clean surface area • Inspect exterior of unit and panel fasteners • Inspect fan motor(s) operation • Inspect visually for refrigerant leaks Inspect electrical connections, tighten as necessary • Inspect fan belt 14 • Inspect electrical contacts • Inspect compressor operation Annual Preventative Maintenance— Condensing Unit • Clean condenser coil • Lubricate fan motor • Inspect compressor operation • Check oil level • Check compressor amperage • Lubricate fan motor • Replace drive belt(s) • Check superheat • Check discharge temperature Check suction temperature • Check compressor voltage Quarterly Preventative Maintenance— Fan Coil Unit • Replace air filter(s) • Replace/add biocide to condensate pan • Inspect blower • Inspect fan belt • Inspect fan motor(s) operation • Inspect condensate pan & p-trap • Inspect all electrical contacts • Inspect electrical connections, tighten as necessary • Inspect unit for excessive vibration and noise • Inspect unit & pipe insulation • Inspect condensate piping for proper pitch • Inspect exterior of unit and panel fasteners • Visually inspect for water leaks • Inspect Evaporator coil condition (clean /dirty) Annual Preventative Maintenance— Fan Coil Unit • Replace drive belt(s), if included • Lubricate motor and shaft bearings • Inspect operation of chilled and heating valve(s) • Inspect unit and pipe insulation • Check indoor fan amperage • Check outdoor fan amperage Quarterly Preventative Maintenance— Exhaust Fan 15 • Replace OSA air filter(s), if included • Inspect blower • Inspect fan belt • Inspect electrical contacts • Inspect fan motor(s) operation • Inspect electrical connections, tighten as necessary • Inspect unit for excessive vibration and noise • Inspect exterior of unit and panel fasteners Annual Preventative Maintenance— Exhaust Fan • Replace final air filter(s), if included • Replace drive belt(s), if included • Lubricate motor and shaft bearings • Clean dampers • Check indoor fan amperage • Check indoor fan voltage • Pre-Winter startup of HVAC system (furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter servicing in September • Pre-Summer startup of HVAC system (A/C and heat pumps) shall be done to coincide with the quarterly tune-up and belt/filter servicing in March • All main filters shall be replaced quarterly, using 30% efficient pleated filters • Condensation drain lines inspected and cleared of any blockages on a quarterly basis Extraordinary Repair Work Extraordinary repairs require a written cost proposal from the contractor and approval from the City prior to commencing work. Extraordinary repairs shall be charged at the hourly rate included in the contractor's bid schedule. This hourly rate also includes after-hours emergencies. The cost incurred for any materials and parts used by the contractor shall be billed to the City with a maximum 10% mark-up. Invoices;submitted to the City for payment must include back-up documentation indicating the price charged to the contractor for materials. The hourly rate charged to the City shall be for time spent on the job — driving to the job site is not included in that cost. Prior to payment of invoices, contractor must furnish PM checklists for each location serviced that clearly identifies the work completed at each site. No additional compensation will be allowed for extraordinary repairs. 16 Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Deputy Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Deputy Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Deputy Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Deputy Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the'Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests !should be requested through USA (1-800-422-4133). Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and locati-on-In,the event improvements of the facilities are damaged, they shall be replaced 17 with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the, Deputy Public Works'Director or authorized representative, -the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Deputy Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Deputy Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. CITY FACILITY LOCATIONS AND HVAC EQUIPMENT Site Address Equipment Year Installed 1 Carrier 12.50-ton split system City Hall 211 8th Street 1 McQuay AHU 2001 w/Reznor furnace 1 Carrier 25-ton multizone system 4 Carrier 4-ton packaged heat pumps Old City Hall 201 8 th Street 1 Carrier 3.5-ton 2001 split system heat Pump 1 Carrier 5-tons lit 18 system heat pump 1 Carrier 4-ton split system heat pump 1 Carrier 7.5-ton split system heat pump 1 Carrier 2.5-ton split system heat pump City Yard 1776 Adolfo Lopez 4 Carrier 3-ton units 2015 Drive 2 Carrier 12.50-ton packaged Mary Wilson Library 707 Electric gas/electric 2001 and Senior Center Avenue 1 Carrier 15-ton packaged as/electric Marina Community 2 Carrier 5-ton Center 151 Marina Drive packaged 2001 gas/electric 2 Carrier 4-ton packaged heat North Seal Beach 3333 St. Cloud pumps 2001 Community Center Drive 1 Carrier 5-ton packaged heat um 2 York 3-ton split Seal Beach Tennis 3900 Lampson system heat pumps Center Avenue 2 Lennox 5-ton Unknown packaged gas/electric 3 Carrier 2-ton packaged heat pumps 1 Carrier 2.5 ton packaged heat pump 4 Carrier 3-ton Police Station 911 Seal Beach packaged heat 2015 Boulevard pumps 3 Carrier 4-ton packaged heat pumps 3 carrier 5-ton packaged heat pumps 1 Carrier 5-ton 19 packaged heat pump 1 Carrier 4-ton packaged heat pump 1 Carrier 6-ton packaged heat pump 1 Carrier 10-ton packaged heat pump 1 Rheem gas horizontal application 20 EXHIBIT B COST PROPOSAL, SCHEDULE SERVICE EST. UNIT EXTENDED NO. SERVICE LOCATION TYPE QTY. PRICE PRICE 1. City Hall Quarterly PM 4 $294.25 $1;177.00 2. City Hall Annual*PM 1 $284.00 $284.00 3 Old City Hall Quarterly PM 4 $322.25 $1,289.00 4. Old City Hall Annual PM 1 $161.00 $161.00 5. Police Station Quarterly PM 4 $492.25 $1,969.00 6. Police Station Annual PM 1 $397.00 $397.00 7. City Yard Quarterly PM 4 $118.25 $473.00 8. City Yard Annual PM 1 $65.00 $65.00 9. Mary Wilson Library and Quarterly PM 4 $213.25 $853.00 Senior Center Mary Wilson Library and 10. Senior Center Annual PM 1 $164.00 $164.00 11. Marina Community Center Quarterly PM 4 $83.75 $335.00 12. Marina Community Center Annual PM 1 $33.00 $33-00 13. North Seal Beach Quarterly PM 4 $109.00 $436.00 Community Center 14. North Seal Beach Annual PM 1 $50.00 $50.00 Community Center 21 15. Seal Beach Tennis Center Quarterly PM 4 $207.25 $829.00' 16. Seal Beach Tennis Center Annual PM 1 $82.00 $82.00 Extraordinary 150 $89.00 $13,350.00 ]?. All Locations Repairs Hours Grand Total Bid Amount: $21,947.00 22