Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER
DATE: JUNE 25, 2024
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH F.M.
THOMAS AIR CONDITIONING, INC. FOR HVAC MAINTENANCE
SERVICES
EXECUTIVE SUMMARY
The City Council will consider awarding a professional services agreement for heating, ventilation, air conditioning (HVAC) services to F.M. Thomas Air Conditioning, Inc. The current service contract has expired resulting in the need for a new agreement. Under the new agreement F.M. Thomas air Conditioning, Inc. will service HVAC units at 22 City-owned facilities on a three-year term from July 1, 2024 through June 30, 2026, which includes the option to extend the contract for three additional one -year terms.
RECOMMENDATION
That the City Council:
1.Approve a professional services agreement with F.M. Thomas Air Conditioning, Inc. in the amount of $39,912, annually for HVAC Maintenance Services for a three-year term from July 1, 2024 through June 30, 2026; and
2.Authorize the City Manager to execute all amendments to the agreement.
BACKGROUND
On February 11, 2020, the City Council awarded a contract to F.M. Thomas Air Conditioning, Inc. for on-call HVAC maintenance and repair services. The contract began on January 28, 2020 and expired on January 28, 2023. As allowed in the agreement, the contract was extended for a one-year perioded from January 28, 2023 and expired January 28, 2024. The contract was then extended on January 28, 2024 and expires June 30, 2024 to allows the annual period of the new contract to align with the City’s fiscal year.
APPROVED BY
CITY MANAGER
PROFESSIONAL SERVICES AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC, FOR
HVAC MAINTENANCE SERVICES
JUNE 25, 2024
PAGE 2
As part of the on-call HVAC maintenance services, F.M. Thomas Air Conditioning, Inc. inspected all HVAC units monthly, submitted monthly reports detailing the maintenance performed for each HVAC unit, called attention to any operational problems encountered, and performed repairs to maintain the HVAC systems in operational condition. In addition, as part of the routine maintenance, filters were changed quarterly; condensers and evaporator coils were cleaned as needed; refrigerant oil was analyzed for possible wear of moving parts as needed; and cooling towers were drained, refilled and water treated as needed.
ANALYSIS
On January 8, 2024, Public Works staff advertised a Request for Proposals (RFP) on PlanetBids. A total of 29 prospective proposers received the notification of the RFP. Of these prospective proposers, 21 firms downloaded the RFP. The mandatory pre- proposal job walk was held on January 17, 2024. A total of 14 firms attended.
Proposals were due on January 29, 2024. The City Clerk’s office received 5 proposals from the following HVAC service firms:
Company
Allison Mechanical
Climate Pro
F.M. Thomas
Pacific West
Sea Cliff Mechanical
The RFP clearly outlined the City’s desire to seek a qualified HVAC maintenance service provider with a proven track record of providing quality HVAC maintenance services to municipalities and commercial clients throughout Southern California. As such, the proposals were reviewed and evaluated based on the firm’s relevant experience, expertise, qualifications, staffing levels, understanding of the City’s HVAC service needs and expectations, proven performance, completeness of the proposal, references, and cost-effectiveness. On April 3, 2024, all the five firms were invited for interviews. The interview panel consisted of representatives from several City Departments; The Columbia Memorial Space Center, Finance, Parks and Recreation, and Public Works. Of the five firms invited for interviews, four came to the interviews.
F.M. Thomas Air Conditioning, Inc. was ranked by the review team as the number 1 service proposal. The firm submitted the most comprehensive and cost-effective proposal, demonstrated a good understanding of the City’s HVAC service needs, proposed the most effective scope of services and approach, assembled the most qualified and appropriate staffing levels, and successfully provided satisfactory services to the City of Los Angeles, City of La Mirada, City of Costa Mesa, City of Newport
PROFESSIONAL SERVICES AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC, FOR
HVAC MAINTENANCE SERVICES
JUNE 25, 2024
PAGE 3
Beach, Loma Linda University, and Anaheim Union High School District. Staff recommends that the City Council approve a services agreement with F.M. Thomas Air conditioning, Inc.
The initial term of the agreement is for 2 years, commencing July 1, 2024, with an option to renew for three additional one-year periods.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
The maintenance contract cost for HVAC services at the twenty-two (22) city facilities for Fiscal Year 2024-2025 will be $39,912. Sufficient funds are available in the Fiscal Year 2024-2025 budget under the various accounts (see below) to cover the contract costs for the fiscal year.
Account Number Fund Budget
10-4-3122-0360 Apollo Sr Center Maintenance $3,197
65-4-3121-0360 Civic Center Maintenance $8,935
10-4-3120-0360 Facility Maintenance $5,842
10-4-3123-0360 Apollo Gym Maintenance $1,766
51-4-3550-0360 Water Utility Yard Maintenance $574
55-4-6225-0360 Transit Center Maintenance $456
10-4-2620-0360 Fire Facility Maintenance $5,760
10-4-4380-0360 Downey Theatre Maintenance $3,632
52-4-4420-0360 Golf Course Maintenance $5,487
24-4-3125-0360 CMSC Building Maintenance $4,263
Total: $39,912
Sufficient funds will be appropriated in future budget cycles for the remainder of the contract term.
ATTACHMENTS
Attachment A: Professional Services Agreement
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH F.M. THOMAS AIR CONDITIONING. INC. FOR
HVAC MAINTENANCE AND REPAIR SERVICES
1. PARTIES AND DATE
This Agreement is made and entered into this of 25th day of June, 2024 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 1 1111 Brookshire Avenue, Downey California 90241 ('’City") and F.M. Thomas Air Conditioning, Inc. a California corporation with its principal place of business at 231 Gemini Avenue, Brea, California 92821 ("Contractor"). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain professional HVAC maintenance and repair services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it has demonstrated competence and experience in providing HVAC maintenance and repair services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Services.
City desires to engage Contractor to render such services for HVAC maintenance and repair services (“Services”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necegsary for the maintenance of the City’s various HVAC equipment at various city facilities ("Services’'), The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. City reserves the right to extend the term (“Extended Term”) annually for a
maximum of three (3) one year periods, commencing July 1, 2026 and ending June 20, 2029, subject to City Manager approval.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Contractor shall inde'mnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incork)orated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Services, which affect the timing of Contractor's performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
9 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed from the Services by the Contractor at the request of the City.
3.2.5 City’s Representative. The City hereby designates Matthew Baumgardner, P.E., Director of Public Works/City Engineer, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his designee.
3.2.6 Contractor’s Representative. Contractor hereby degignates Michael Feyka, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement,
3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform , at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors B
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Sdrvices by the Contractor and shall not be re-employed to perform any of the Services or to work on the Services
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Contractor and in any manner affecting the performance of the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Co'ntractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Contractor’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance
3.2.10.1 Time for Compliance. Contractor shall not commence the performance of the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. 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 which may arise from or in connection with the performance of the Agreement, the Services by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CG Ly. Insurance Services Office Form CG 00 01 covering CGL' on an “occurrence” basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability-. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Contractor owns no autos, Code 8 (hired) 4 and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability (CG L) : No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation : Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Contractor has no employees.
If the Contractor maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City
3.2.10.3 Professional Liability (Errors & Omissions). Contractor shall procure and maintain, and require its sub-Contractors to procure and maintain, for a period of five (5) years following completion of the Services or the Services, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Contractor maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.3.1 Technology Professional Liability Errors and Omissions Insurance. If appropriate to the Contractor’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the CQntractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. a, The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Contractor. If not covered under 5 the Contractor’s liability policy, such “property” coverage of the City may- be endorsed onto the Contractor’s Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. c. The Insurance obligations under this Agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to the Contractor; or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City.
No representation is made that the minimum Insurance requirements of 'this Agreement are sufficient to cover the indemnity or other obligations of the Contractor under this Agreement.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.]
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work, Services or operations; and (2) the insurance 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. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Contractor’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(B) Waiver of Subroqation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor. may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
6 (C) All Coveraqes. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) 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, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary insurance and prirnary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers,
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Lia.bility policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Contractor’s obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; 7 (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement ;
(C) if coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Contractor must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe traffic control, walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total annual compensation shall not exceed seventy nine thousand, eight hundred twenty-four and zero cents ($79,824.00) without written approval of the City. Extra Work may be authorized by the City, as described in Section 3.3.4, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services, materials and equipment provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Services, but 8 which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the Director of Public Works/City Engineer.
3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the requirements of California Labor Code Sections 1720 d seq. and 1770 d seq., as well as California Code of Regulations, Title 8, Section 16000 d seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” Services, shall apply to the Services. Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages' in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the site where services are performed. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. If applicable, Contractor shall be registered at all times with the Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.. 1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Contractor may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days’ written notice. 9 Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Contractor for all services adequately rendered and all reimbursable costs incurred by Contractor up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Services by either party to any other entity without the prior written consent of the other party; Suspension of the Contractor's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Services, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
F.M. Thomas air conditioning, Inc.
231 Gemini Avenue
Brea, CA 92821
Phone: (714) 738-1062
Fax: (714) 738-0886
Attn: Thomas Feyka, President
10 City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7102
Fax: (562) 904-7296
Attn: Matthew Baumgardner, P.E., Director of Public Works/City Engineer With a courtesy copy to:
City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not.limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such reDresentation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Contractor exclusively retains any and all intellectual property rights to its internally developed hardware and software. As such, IP documentation of Contractor electronics and other hardware, and source code listings, will not be available under this Agreement. 11 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not, without the prior written consent bf City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services.
Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
Contractor shall not use City's name or insignia, photographs of the SerVices, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incarred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification
3.5.6.1 General Indemnification. Except as provided in subdivision
3.6.6.2 below which is applicable to “design professionals” only, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents 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 alleged negligent acts, errors, ofnissions or willful misconduct of Contractor, its officials, officers, employees, agents, arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The Contractor’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Contractor and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that ma9 be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, 12 officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of 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 the City, its directors, officials officers, employees, and agents or volunteers.
Contractor shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the Cit9's own negligent acts, errors or omissions or willful misconduct
3.5.6.2 Design Professionals. The provisions of this subdivision
3.6.6.2 shall apply only in the event that Contractor is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Contractor is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.6.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Contractor shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of C-ontractor, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Contractor's performance of any task or service for or on behalf of City under this Agreement. The Contractor’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Contractor and/or its personnel are employees of the City, have been rnisclassified as an independent contractor, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Contractor's cost to defend City and/or City’s officers, officials, employees or volunteers against any- such Claim shall not exceed Contractor's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Contractor has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.6.6.2, Contractor shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Contractor's negligence, recklessness or willful misconduct.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County. 13 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Services.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or intdrest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and-not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working 14 solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer1. recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's 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.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Contractor shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, 15 if any, shall contain a provision making them subject to all provisions stipu Agreement.
lated in this
CITY OF DOWNEY, F.M. THOMAS AIR CONDITIONING, INC
a California municipal corporation a California corporation and charter city
By:
Roger Bradley, City Manager
Attest:
Maria Alicia Duarte, CMC,
City Clerk
Approved as to Form.
By:Mae m:lent
City Attorney
16 EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF SERVICES
SCOPE OF OPERATIONS
Preventive maintenance services and repairs shall be provided by the Service Provider on all equipment and associated devices related to the HVAC systems at the following locations. Please refer to Exhibit "C", which lists the model numbers and other pertinent information for each site.
1. City Hall
11111 Brookshi re Ave.,
Downey, CA 90241
2. Police Dept.
10911 Brookshire Ave.
Downey, CA 90241
3. Downey Theater
8435 Firestone Blvd.
Downey, CA 90241
4. Downey City Library
11121 Brookshire Ave.
Downey, CA 90241
5. Public Works Maintenance Yard
12324 Bellflower Blvd.
Downey, CA 90242
6. Rio Hondo Golf Course (proshop, meeting rooms, banquet rooms & maintenance building)
10627 Old River School Road
Downey, CA 90241
7. Golden Park
8840 Golden Ave
Downey, CA 90241
8. Wilderness Park
10999 Little Lake Road
Downey, CA 90240
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9. Columbia Memorial Space Center
12400 Columbia Way
Downey, CA 90242
10. Public Works Utilities Yard
9252 Stewart & Gray Road
Downey, CA 90241
11. Furman Park Buildings #1, #2 & # 3
10419 Rives Ave
Downey, CA 90241
12. Apollo Park Gym and BiR Community Center
12544 Rives Ave
Downey, CA 90242
13. Independence Skate Park, Tennis Center Office & snack shack 12334 Bellflower Blvd.
Downey, CA 90242
14. Historical Society
12540 S. Rives Ave. -
Downey, CA 90242
15. Bus Depot Transit Center Office
8150 Nance Street
Downey, Ca 90242
16. Apollo Dance Studio
7810 Quill Dr.
Downey, CA 90242
17. City of Downey Department of Parks and Recreation
7850 Quill Drive Suite C
Downey, Ca 90242
18. Fire Station #1
12222 Paramount Blvd.
Downey, CA 90242
19. Fire Station #2
9556 Imperial Hwy.
Downey, CA 90242
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20. Fire Station #3
9900 Paramount Blvd.
Downey, CA 90240
21. Fire Station #4
9349 Florence Ave.
Downey, CA 90242
22. Rancho Los Amigos Sports Complex Building
7651 Gardendale St.
Downey, CA 90242
The locations of the above-listed City facilities are shown on the attached Location Map in Exhibit "D".
The Service Provider shall :
Perform the necessary preventive maintenance as recommended by the manufacturer of the equipment and shall incorporate the listed checks and functions into the work schedule, as specified on the Preventive Maintenance Check List and Schedule
• Provide job labor, travel labor, parts procurement labor (location, ordering, expediting and transporting) and travel and living expenses required to repair or remove and replace broken, worn, and/or doubtful components and/or parts. • Provide job labor and travel labor, including overtime, plus travel and living expenses required for unscheduled work resulting from an abnormal condition.
The Service Provider shall furnish all labor, materials, including filters, equipment, tools, incidentals and services in conformance with the terms and conditions outlined in these specifications and the attached Sample Professional Services Agreement.
As part of this agreement, the bidder shall submit for evaluation a comprehensive and detailed technical and business prospectus outlining his or her ability to adequately and satisfactorily perform the services as required in this agreement.
It is the intent of this agreement to establish and define those services that are to be performed on a regular schedule to maintain equipment in good operating condition. The attached Preventive Maintenance Check List and Schedule should not be considered as all- inclusive, and those services required for maintenance but not included under the attached schedule should be added by the bidder. Those services added by the bidder should be A-3
clearly enumerated in the bid proposal. Cost for supplying the added services should be included in the bid price.
PARTS FOR EQUIPMENT REPAIRS ARE EXCLUDED FROM THIS PROPOSAL The bid submitted shall include the cost of supplying all services required for proper maintenance of the equipment and all labor and related expenses (excluding parts) for unscheduled work resulting from an abnormal condition. Bidder shall not be relieved from assuming responsibility for properly estimating the difficulties and the cost of performing the services required because of failure to investigate the conditions or to become acquainted with all the information concerning the services to be performed.
REPORTS
The Service Provider shall submit a monthly report to the City after each visit to inspect or repair the system(s), detailing the maintenance performed and calling to the attention of the City any operational problems encountered and repairs recommended to maintain the equipment in operational condition. In addition, semi-annually during the term of this agreement, the Service Provider shall submit a detailed accounting of all routine and special trips made to maintain or repair the system(s) including dates, hours, parts, and materials expended.
SPECIFIC SERVICES
Annual Maintenance
Service Provider shall perform scheduled annual preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City’s equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Service Provider shall also provide recommendations for additional service(s) that will better enhance equipment performance. The equipment included under this service is itemized in the Equipment Inventory List.
HVAC Air Filter Changing Service
This service will maintain indoor air quality by changing filters quarterly and minimizing dust and particles from collecting on ductwork. This service will insure proper flow through cooling and heating coils, thus preventing restrictions in airflow, leading to higher system and energy efficiency. The equipment included under this service is itemized in the Equipment Inventory List. The filters shall be replaced in all A-4
units quarterly. Recommendations can be made for approval by the City Reprwntatjve to adjust the frequencies and any associated pricing.
Air-Cooled Condenser Coil Cleaning
This service will improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. The equipment included under this service is itemized in the Equipment Inventory List. This service shall be performed annually.
Evaporator Coil and Cleaning
Service Provider shall clean air handling unit evaporator coils that will help improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils shall be cleaned at a time that is mutually agreeable between the Service Provider and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils shall be cleaned using a vacuum cleaner and or other devices that allow the proper cleaning of the coil. The equipment included under this service is itemized in the Equipment Inventory List. This service shall be performed annually.
Refrigerant Oil Analysis
Service Provider shall perform Spectro-chemical refrigerant oil analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, Service Provider shall recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the arhount of waste oil generated. The equipment included under this service is itemized in the Equipment Inventory List.
Cooling Tower Drain and Refill (if Applicable)
Service Provider shall remove the condenser water from HVAC systems after cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. The equipment included under this service is itemized in the Equipment Inventory List.
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Water Treatment for Cooling Towers
Provide scale and corrosion control chemicals, including delivery and chemical feeding.
Perform water analysis with report on findings and recommendation. Check and maintain filters.
Operating Inspection
Service Provider shall provide this service to ensure that mechanical equipment continues to operate efficiently with little operating disruptions during the operating season. Service Provider shall provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by City's experience, the equipment manufacturer's published recommendations, equipment application, and location. A detailed list of the tasks included with this service in the Equipment Tasking section of this service agreement. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. The equipment included under this service is itemized Equipment Inventory List.
Operating Inspection – Heating
This service will help to ensure mechanical equipment continues to operate efficiently, safely and with little operating disruptions during the operating season.
Service Provider shall provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by City’s experience, the equipment manufacturer’s published recommendations, equipment application, and location. A detailed list of the tasks included with this service is in the Equipment Tasking section. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation.
The equipment included under this service is itemized in the Equipment Inventory List.
Operating Inspection - Cooling
This service will help to assure mechanical equipment continues to operate efficiently, safely and with little operating disruptions during the operating season.
Service Provider shall provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by City’s experience, the equipment manufacturer’s published recommendations, equipment application, and location. A detailed list of the tasks included with this service is in the Equipment Tasking section. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation.
The equipment included under this service is itemized in the Equipment Inventory List.
Equipment Tasking
The following tasks listed herein for each equipment type shall be. performed at the A-6
intervals planned. These tasks are designed to place the equipment into prime operating condition so that the equipment will operate effectively, reliably, and efficiently.
Rooftop Packaged Units
1. Filters changed quarterly on a minimum basis or as required.
2. Preventative maintenance service to be performed monthly.
3. Lock out and tag out equipment as required.
4. Check all electrical wiring, connections. Tighten as required.
5. Check all motor starter contactor surfaces for wear.
6. Clean electrical control enclosures.
7. Lubricate air handling unit motor bearings and fan bearings, if applicable.
8. Check air handling unit belts for wear.
9. Check belt tension and sheave alignment.
10. Check belt condition and replace as necessary.
11. Check condition of evaporator coils. Chemically clean as required.
12. Check and clean condensate drains, drain line and pan annually.
Reciprocating Compressors
1 2
Preventive maintenance shall be performed monthly.
Lock out and tag out equipment as required.
Check all electrical wiring and connections. Tighten as needed.
Check starter contactor surfaces for wear.
Visually leak check compressor and associated refrigerant piping and inspect/ repair or replace insulation annually.
Clean exterior of compressor.
Check operation of crankcase heater.
Meg-ohm motor from starter and record annually.
Check and calibrate all safety and cut-out devices.
Check and adjust compressor capacity controls.
Check, calibrate and adjust all operational controls,
Remove compressor oil sample, perform Spectro-chemical test on oil annually.
3 4
5. 6
7 8.
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12. Exhaust Fans
Preventative maintenance shall be performed monthly.
Lock out tag out equipment as required.
Check all electrical wiring and connections and tighten.
Check all motor starter contactor surfaces for wear.
Clean starter and electrical control enclosures.
Lubricate motor bearings and fan bearings.
Check exhaust fan belts for wear, replace as required.
2 3
4 5
6 Check belt tension and sheave alignment. Adjust as required.
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9. Inspect exhaust fan unit assembly.
10. Check all mounting hardware. Tighten as required.
Pneumatic Air Compressors
1. Quarterly inspect unit, check for rust spots, oil leaks and general condition of unit
2. Drain tank, check auto drain.
3. Check belt, adjust tension and sheave alignments. Replace if necessary.
4. Meg-ohm motor and record annually.
5. Check starter wiring and contacts.
6. Check motor amperage and voltage.
7. Check intake air filter, replace as required.
Package, Gas Heat Electric Cool
1. Preventive maintenance to be performed monthly.
2. Change filter quarterly on a minimum basis. Increase as necessary.
3. Check unit voltage and record.
4. Lubricate motors as required.
5. Check and adjust burners for proper flames.
6. Check for proper combustion and flue gas relief.
7. Record discharge temperature, heating and cooling modes.
8. Record return air temperature.
9. Check and adjust operating and safety controls.
Air Handler
1. Perform maintenance monthly.
2. Lockout tag out equipment.
3. Check starter contacts for excessive wear.
4. Tighten all starter wire connections.
5. Check belts, adjust or replace as needed.
6. Check belt tension and sheave alignment. Adjust as required.
7. Meg-Ohm motor and record annually.
8. Check fan motors amps.
9. Clean and lubricate unit motor bearings and fan bearings.
10. Check operation of economy dampers.
11. Lubricate all dampers and linkages as necessary.
12. Check operation of static vane (if applicable).
13. Visually check all coils for leaks (annually).
14. Check and record all coil delta T (annually).
15. Inspect all mounting hardware, tighten as needed.
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Multi-Zone Air Handler
1. Perform maintenance monthly.
2. Lockout tag out equipment.
3. Check fan motor amps.
4. Clean and lubricate components.
5. Check operation of economy dampers.
6. Check operation of static vane or dampers.
7. Check operation of zone dampers.
8. Check and adjust operating and safety controls.
Package Chiller Annual
1. Lockout tag out equipment.
2. Check condenser / Barrel tubes.
3. Check Chiller barrel tube.
4. Check and record unit amp draw.
5. Check unit voltage and record.
6. Check unit pressures and record.
Chiller with Reciprocating Compressors
1. Visually inspect equipment condition and operation.
2. Check for unusual vibration, noise, excessive temperatures and refrigerant leaks.
3. Check unit voltage and record.
4. Check unit operate and records.
5. Check unit operating hours and record.
6. Check condenser pressure and record.
7. Check evaporator pressure and record.
8. Check oil sump sight glass.
9. Record chilled water inlet temperature.
10. Record chilled water outlet temperature.
11. Check condenser water inlet.
12. Check condenser water outlet temperature.
13. Check compressor starter contacts for abnormal wear.
Variable Frequency Drive
1. Check unit operation quarterly.
2. Check fault history report.
3. Check operation of manual bypass.
4. Verify drive signal increase and decrease.
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5. Check and tighten all electrical connections.
6. Check starter contacts for wear.
Computer Room Air Conditioning Units
Maintenance to be performed monthly.
1. Check all electrical wiring and connections.
2. Check filters quarterly as a minimum.
3. Check all electrical wiring and connections. Tighten as necessary.
4. Check starter contactor surfaces for wear.
5. Check compressor amps and record.
6. Check sight glass for moisture level.
7. Check operation of crankcase heater.
8. Lubricate condenser fan motor and fan bearings.
9. Check condition of condenser coil, clean as necessary.
10. Check belts for wear, replace as required.
11. Check and adjust compressor capacity controls.
12. Lubricate indoor fan motor and bearings.
13. Check humidifier for proper operation.
Boiler
Maintenance to be performed quarterly.
1. Check boilers for proper operation.
2. Check and use boiler viewport to check main burner flame.
3. Turn off and secure boiler.
4. Check boilers for any unusual noise or vibration.
5. Inspect gaskets for any signs of leaks.
6. Examine the venting system.
7. Remove and/or inspect gas pilot assembly. Reinstall in accordance with recommended specifications and tolerances.
8. Check boiler circulating pumps for proper operation and lubricate.
9. Check flame safeguard control for pilot and main flame ignition.
10. Check operation of blower motor and circuitry.
11. Check operation of gas valves and vents.
12. Inspect and tighten all electrical connections.
13. Check and adjust all boiler limit pressure controls and running interlocks.
14. Check operation and adjust low water controls.
15. Check burner, pilot and main flame ignition.
16. Check and oil combustion air fan.
17. Check expansion tank and site glass.
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18. Check and record all entering and leaving water temperatures and pressures.
19. The boiler room shall be left in the same condition as existed prior to start of the work.
20. Refer to equipment O&M manual for any maintenance clarifications.
21. Complete onsite service log and PM checklist.
HVAC SERVICES – PNEUMATIC
Preventive Maintenance
Service Provider shall provide quarterly preventative maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers’ recommendations.
HVAC SERVICES – WATER TREATMENT
Water Treatment Services
Service Provider shall provide industrial water treatment to manage four main problem areas: scaling, corrosion microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimized downtime and control water born disease such as Legionnaires.
Service Provider shall perform water treatment service for both hot. water and chilled water loops. This service shall be completed monthly.
ENERGY SERVICES
Energy Optimization Services
Service Provider shall perform a benchmark analysis that compares a building's energy performance against industry recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts through the Benchmark Report, Service Provider shall create an energy baseline and obtain, if applicable, an ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate a Statement of Energy Performance. This rating compares City’s building’s performance against buildings of similar type and operation characteristics in similar climate zones. This will provide key data points in addition to an ENERGY STAR Performance Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECJ), and the facility’s Greenhouse Gas Emissions.
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If City’s facility is not eligible to receive an Energy Star Performance Rating due to the building type or usage the benchmark will compare facility performance versus the Department of Energy’s Commercial Buildings Energy Consumption Survey (CBECS) data or the best alternative industry benchmark that is available. Based on current performance, the benchmark will indicate if the facility meets existing LEED energy performance requirements, and the number of points that could be obtained if pursuing LEED certification through the U.S. Green Building Council.
In addition, Service Provider shall conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility performance, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and prices, Service Provider energy analysts shall suggest potential improvement measures and quantify the impact on energy usage, cost savings and GHG reductions.
Energy Budgets and Forecasts
Service Provider shall collect historical energy data either from the Customer directly or through the utility company with authorization from the City Representative. The minimum historical data required for this service will be the data exIsting for the past 12 months but 3 years historical data will be requested and is preferred. Service Provider shall use this data to project energy consumption patterns based on the Customer’s operations. Future energy volumes will be priced according to the market per commodity. Service Provider shall use this pricing to produce a forecasted budget.
Technology and Energy Audits
Service Provider shall review the City’s HVAC system, evaluating the current use of City’s HVAC system and what may have been changed or been modifjed in City’s daily facility operation that impacts the effectiveness of the system. Service Provider shall review applicable building control technologies, suggest possible new strategies on technologies that could be implemented to enhance City’s current system, and consider what changes, enhancements and/or upgrades should be made to facilitate City’s future plans. In addition, recommendations should be made about adding and/or modifying applications, sensors, points panels and/or software where needed to improve building operation and performance. Service Provider shall interface with the local utilities to determine possible incentives and rebates. Once the review is complet.ed, a written report of the findings and recommendations will be provided during a scheduled meeting annually.
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EXHIBIT "B"
SCHEDULE OF SERVICES
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nMe THOMAS AIR CONDITIONING. INC.
YOUR COMMERCIAL SERVICE s PECIALISTS =ZM2q
Contractor License #313574
Tel. 800.660.0891
Fax: 714.738.0886
www.fmthomas.com
June 4, 2024
City of Downey
PO Box 7016
Downey, Ca 90241
Attn: Josef Kekula
The following is the schedule of the Preventative Maintenance for the City of Downey. The quarterly maintenances are scheduled for January, April, July, and October.
City Hall, Library, Theater, Police Department and to be done on Monday thru Friday, the first week in January, April, July and October. Library to be done before 10AM
RHGC, Golden, Wilderness, Furman, and Independence Park will be done on Thursday and Friday, the second week in January, April, July and October
The Senior Center, Gym, Dance Studio, Parks/Rec Admin, and Historical Society will be done on Monday thru Wednesday, the third week in January, April, July and October Fire Stations 1-4, Maintenance Yard, Water yard, Space Center and Bus Depos will be done Monday thru Friday, the third week in January, April, July, and October
Quality control and Operational Inspections will be conducted weekly during the months of February, March, May, June, August, September, November and December when normal maintenance is not being completed. They will tentatively be scheduled for Mondays. FM Thomas dispatch will verify the day before arriving on site.
Annuals will be scheduled when they become due during the October Preventative Maintenance Sincerely,
FM Thomas Air Cond ncaP
Vice President
F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060
EXHIBIT "C"
COMPENSATION
COMPENSATION
The undersigned bidder declares that he/she has carefully o(amlned the General Conditions, Specifications and Agreement, and agrees to furnish all labor, materials, equipment, and appliances and to perform operations necessary to complete the services so covered to the City of Downey. The undersigned further declares that this proposal is made according to the provisions and under the terms of the "Notice to Bidders" which document is made a part of this proposal.
PREVEVrrVE MAiVrENANCE SERVICES AND REPAIRS TO HVAC SY£rEMS IN crrY OWNED BUILDINGS, INCLUDING ADDENDUM, if any, for the monthly sum of a 3& AG lara -aLg+ntl fC tbl
ALTERNATIVE BIDDER OPTIONS
Extra Work:$180.00 / hour Journeyman, $120/hr apprentice Emergency Work:$240.00 / hour Journeyman, $180/hr apprentice Response nme:1-2 hours
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