Item No. 4.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY:MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE:FEBRUARY 10, 2026
SUBJECT:
APPROVAL OF CONTRACT WITH F.M. THOMAS AIR CONDITIONG, INC. FOR THE
REPLACEMENT OF THE HVAC SYSTEM CONTROLS AT THE COLUMBIA MEMORIAL SPACE CENTER, CAPITAL IMPROVEMENT PROGRAM (CIP) NO. 26-16
EXECUTIVE SUMMARY
The City Council will consider awarding a contract agreement to F.M. Thomas Air Conditioning, Inc. (F.M. Thomas) for the replacement of the outdated and inefficient Direct Digital Control System for the HVAC system at the Columbia Memorial Space Center, which has exceeded its useful life. The new system will replace the current Honey Well System controllers. The HVAC roof top units and ducts will not need replacement, as they are still in good condition. If approved, the work is expected to begin in April 2026 and is anticipated to be completed by June 2026.
RECOMMENDATION
That the City Council:
1. Approve a public works contract agreement with F.M. Thomas Air Conditioning, Inc. in the amount of $180,000 for the upgrade of the Direct Digital Control System for the HVAC at the Columbia Memorial Space Center; and,
2. Authorize the City Manager to execute all amendments to the agreement.
BACKGROUND
The intent of this work is to address a long-time issue with the Direct Digital Control System. The current Honeywell system design is dated back to 1995. The service life on this system was engineered to be 7-10 years.
It has not been operating efficiently for the past several years. Recently, the main front-end controller failed, which led to no HVAC control of the building. As a result, the HVAC system must be run manually by having City staff turn equipment on and off, as needed.
From an energy efficiency perspective, the electricity bills are close to double what they should be due to system issues. Additionally, comfort levels in the building are less than optimal during daily operations. This work will replace the proprietary Honeywell control system with the non-proprietary Carrier iVu control system, which is the control system the City has now standardized across its facilities.
ANALYSIS
In compliance with the City of Downey’s Cooperative Purchasing Policy, staff recommends piggybacking on an existing competitively bid contract between the Orange County Sheriff Coroner and F.M. Thomas to replace the Direct Digital Control HVAC system at the Columbia Memorial Space Center. Piggybacking on the agreement from the Orange County Sheriff Coroner allows the City to take advantage of competitively priced labor, materials, and equipment costs.
Additionally, F.M. Thomas is an HVAC company with the personnel and experience necessary to perform the contract work quickly and efficiently. They currently perform routine maintenance on the existing system through their maintenance contract with the City and have recently completed the replacement of a new system at the Barbara J. Riley Community and Senior Center, and the Downey Police Department Facility. Their experience and familiarity with City HVAC systems make the firm best positioned to complete the work in a timely and effective manner.
On December 18, 2025, Public Works staff received a cost proposal from F.M. Thomas in the amount of $180,000 to upgrade the Honeywell Control System to the Direct Digital Control Carrier i-Vu building automation system. The cost proposal is based on the unit pricing for labor, equipment, and materials already adopted in the competitively bid contract with the Orange County Sherrif Coroner.
Public Works will coordinate the work between Columbia Memorial Space Center staff and F.M. Thomas to limit the impact on the facility's operations. Once approved, F.M. Thomas is expected to begin the contract work in early April and, barring any unexpected delays, will complete the work by June 2026.
CITY COUNCIL PRIORITIES
Quality of Life, Infrastructure & Parks
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of $180,000 from account number 40-1-6894, as approved in the Fiscal Year 2025–2026 Operations Budget for CIP 23-15: Columbia Memorial Space Center HVAC Control System Upgrade.
Attachments
FM Thomas Space Center HVAC System Agreement.pdf
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 23-15:
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM
UPGRADE PROJECT
THIS CONTRACT is made and entered into at Downey, California this 10th day of February 2026, by and between the CITY OF DOWNEY, a chartered municipal corporation (hereinafter "City") and F.M. THOMAS AIR CONDITIONING, INC., (hereinafter "Contractor").
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS - Contractor agrees to perform all work specified in the attached Scope of Work included in the Bidder’s Proposal for Columbia Memorial Space Center HVAC Control System Upgrade Project, CIP No. 23- 15 (“Project”), in accordance with the documents hereinafter described, which are by reference incorporated herein and made a part hereof, and are in the Office of the City Engineer.
A. Plans for HVAC System at the Columbia Memorial Space Center under Capital Improvement Project No. 23-15.
B. Specifications for HVAC Improvements at the McCaughan Gym under Capital Improvement Project No 23-15.
C. Proposal, including ascertainment of prevailing wage.
D. Proposal for HVAC Improvements at McCaughan Gym under Capital Improvement Project No 23-15, executed by the Contractor.
2. PAYMENT - In consideration thereof the City agrees to pay to the Contractor the sum of One hundred eighty Thousand Dollars ($180,000.00), payable as set forth in the General Conditions, and in accordance with the Contractor’s Price Proposal and Unit Prices shown in the Bid Form:
BASE BID
ITEM DESCRIPTION QUANTITY &
UNIT UNIT PRICE SUBTOTAL
1 Furnish Labor & Materials to Complete installation
of DDC Carrier IVu Controls Per Scope of Work 1 LS 180,000 180,000.00 TOTAL BASE COST – Items 1 (In Figures) $180,000.00 TOTAL BASE COST – Items 1 to 11
(In Words)
One Hundred Eighty Thousand Dollars
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
CONTRACT AGREEMENT
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM UPGRADE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 23-15
3. INDEMNIFICATION. To the fullest extent allowed by law, Contractor and its subcontractors hereby agree to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
A. Performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier;
B. Performance or nonperformance of any of the obligations under the Contract Documents by Contractor or its subcontractors of any lower tier;
C. The construction activities of Contractor or its subcontractors of any lower tier, either on the Project site or on other properties;
D. The payment or nonpayment by Contractor or any of its subcontractors of any lower tier for work performed on or off the Project site; and
E. Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier.
The indemnity obligations of subcontractors provided by this section shall be included in all subcontract documents issued by Contractor. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
CONTRACT AGREEMENT
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM UPGRADE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 23-15
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written.
F.M. THOMAS AIR CONDITIONING, INC.
By: _________________________________________
Authorized Signatory (Print Name)
By: _________________________________________
Authorized Signatory (Signature)
Date: ________________________________________
CITY OF DOWNEY
By: _________________________________________
Claudia Frometa , Mayor
Date: ________________________________________
APPROVED AS TO FORM: ATTEST:
By: _________________________________________ By: _________________________________________ John M. Funk, City Attorney Maria Alicia Duarte, CMC, City Clerk
Date: ________________________________________ Date: ________________________________________
I am aware of the provisions of section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract.
F.M. THOMAS AIR CONDITIONING, INC.
By: _________________________________________
Authorized Signatory (Print Name)
By: _________________________________________
Authorized Signatory (Signature)
Date: _______________________________________
Note: This Contract Agreement must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711 1/13/2026
Michael Feyka
Michael Feyka
1/13/2026
1/13/2026
CONTRACT AGREEMENT
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM UPGRADE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 23-15
THIS PAGE INTENTIONALLY
LEFT BLANK
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
Bond No. _____________________________
PERFORMANCE BOND
CAPITAL IMPROVEMENT PROJECT NO. 23-15
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM
UPGRADE PROJECT
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ("City"), has awarded Capital Improvement Project No. 23-15 ("Contract") to F.M. Thomas Air Conditioning, Inc. ("Principal"), for the Columbia Memorial Space Center HVAC Control System Upgrade Project.
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Eighty Thousand Dollars ($180,000.00), this amount being not less than the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, or his/her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be treated as cost and included in any resolution.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the Specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the Specifications thereunder.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
PERFORMANCE BOND
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM UPGRADE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 23-15
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Date:______________________________
"Principal" "Surety"
__________________________________ __________________________________
__________________________________ __________________________________
By:_______________________________ __________________________________ Its Its
By:_______________________________ __________________________________ Its Its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
Bond No. _____________________________
PAYMENT BOND
(LABOR AND MATERIAL)
CAPITAL IMPROVEMENT PROJECT NO. 23-15
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM
UPGRADE PROJECT
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ("City"), has awarded awarded Capital Improvement Project No. 23-15 ("Contract") to F.M. Thomas Air Conditioning, Inc. ("Principal"), for the Columbia Memorial Space Center HVAC Control System Upgrade Project.
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborer, mechanics, material suppliers, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Ninety Thousand One Hundred Twenty Dollars Dollars ($390,120.00), this amount being not less than the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, or his/her heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the City in the suit and attorneys' fees.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or these Specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to these Specifications thereunder.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
PAYMENT BOND
COLUMBIA MEMORIAL SPACE CENTER HVAC CONTROL SYSTEM UPGRADE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 23-15
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Date:______________________________
"Principal" "Surety"
__________________________________ __________________________________
__________________________________ __________________________________
By:_______________________________ __________________________________ Its Its
By:_______________________________ __________________________________ Its Its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
GENERAL LIABILITY/AUTOMOBILE LIABILITY
INSURANCE DOCUMENTATION FOR CONTRACT AGREEMENT
FOR THE CITY OF DOWNEY, CALIFORNIA
McCAUGHAN GYM HVAC REPLACEMENT PROJECT: CIP 26-16
This document acknowledges insurance provided under the following:
□ COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE PART
□ AUTOMOBILE LIABILITY INSURANCE COVERAGE PART
□ TECHNOLOGY PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) INSURANCE COVERAGE PART
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this document is attached or in any endorsement which now or later attaches to the policy, the Company agrees as follows:
ADDITIONAL INSURED: The City of Downey, its officers, agents and employees are included as additional insured, with respect to liability and defense of claims and suits arising out of the operations and uses performed by or on behalf of the named insured.
CONTRIBUTION WAIVED: This insurance is primary. The City of Downey’s insurance program shall be excess of this insurance. The Company shall not seek contribution from the City and its insurers.
SEPARATION OF INSURED: This insurance applies separately to each insured against whom claim is made or suit is brought, except that the naming of multiple insured shall not increase the Company’s limits of liability. The inclusion of any person, organization, firm or entity as an insured under the policy shall not affect any right which such person, organization, firm or entity would have as a claimant if not so included.
CANCELLATION NOTICE: If the Company elects to cancel or terminate this insurance before the stated expiration date, or declines to renew a continuous policy, or reduces the stated limits other than by impairment of an aggregate limit, the Company shall mail written notice to the City at least 30 days in advance of such election. For non-payment of premium, the Company shall give the City at least ten (10) days advance written notice of cancellation or termination.
Except as stated above, all other endorsements, provisions, conditions, limits and exclusions of this insurance shall remain unchanged.
COMMERCIAL GENERAL LIABILITY POLICY NUMBER:
AUTOMOBILE LIABILITY POLICY NUMBER:
By my signature on this insurance document, I warrant that I have authority to bind the insurance company and do so bind the company to this document:
AUTHORIZED REPRESENTATIVE’S SIGNATURE:
DATE SIGNED:
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
GUIDANCE FOR SUBMITTING EVIDENCE OF INSURANCE
TO THE CITY OF DOWNEY
1. For faster processing of your permit application, lease, contract or purchase order, please give this insurance document to your insurance company, or its authorized representative, for completion of this form. No modifications to this form are permitted.
2. If your insurance company or the authorized representative chooses instead to use its own endorsement form, you should allow for extra processing time by the City. The City Attorney’s office must review all insurance company forms for compliance with the conditions of your permit, lease, contract or purchase order, or other City insurance requirements.
3. In addition to this insurance document, or your insurance company’s endorsement form, you must submit to the City a “certificate of insurance” from your insurance company. The certificate must comply with the City’s insurance requirements.
4. YOUR CERTIFICATE OF INSURANCE AND THIS INSURANCE DOCUMENT MUST SHOW COMMERCIAL
GENERAL LIABILITY COVERAGE AND AUTOMOBILE LIABILITY COVERAGE, UNLESS CITY PERSONNEL INSTRUCT YOU OTHERWISE.
5. TECHNOLOGY PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) INSURANCE. 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 Project, Technology Professional Liability (Errors and Omissions) insurance appropriate to the Contractor’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic 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.
6. Please return this insurance document and the certificate to the City Department below:
Permit Applicants: Engineering Division
Vendors: Purchasing
Contractors, Consultants, City Department responsible for your Lessees: Contract or requesting your services
Docusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
F.M.THOMASAIRCONDITIONING,INC.YOURCOMMERCIALSERVICE&CONTROLSSPECIALISTS...Since1974ContractorLicense#313574Tel.800.660.0891Fax:714.738.0886 www.fmthomas.comPROPOSALANDCONTRACTCityofDowneyProposal#MF10559REVISION3MaintenanceServicesDivisionDate:September9,202512324BellflowerBlvd,DowneyLocation:DowneySpaceCenterCa9024112400ColumbiaWay,Downey,Ca90242Ref:DDCControlsUpgradeAttn:JosefKekulaTelephone:562- 271-3551Fax:jkekulatadownevca.RovScopeofWork:Theintentofthisquoteistoaddressalong-timeissuewiththeDDCcontrolssystem.TheCurrentHoneywellsystemisfromapprox.1995-1997era.Theservicelifeonthissystemwasengineeredtobe7-10years.Ithasbeenworkingpoorlyforthepast8yearsbutworking.Recentlythemainfront-endcontrollerfailed,whichledtonocontrolofthebuilding.ThesystemmustberunmanuallybyhavingCitystaffandFMTstaffturnequipment"onandoff"asneeded.Itisnotuncommonforthesystemtorun24hoursadayduetothis.Energyefficiencywise,theelectricitybillsareclosetodoublewhattheyshouldbeduetothisissue.Additionally,comfortlevelsinthebuildingaregoingtobelessthansatisfactorymoreoftenthannot.ThisquoteistoreplacetheHoneywellsystem,usingasmuchofthearchitectureaspossible.F.M.ThomasAirConditioning,Inc.ispleasetosubmitourproposaltofurnishlaborandmaterialstocompletethefollowingscopeofwork:1.F.M.ThomasAirConditioningtoprovideandinstallthefollowing:a.Mobilizationb.RemoveexistingactuatorsfromVAVdampershaft.(28zones)c.InstallnewCarrieractuatorsonexistingVAVdampershaft.(28zones)i.Wireexistingsensorsandreheatvalve.ii.Calibratenewactuators.d.ReplaceAHUcontrollerwithnewCarrierOPNcontroller.e.ReplaceBoilercontrollerwithnewCarrierOPNcontroller.F.M.ThomasCorporateOfficeLocationI231GeminiAvenue,Brea,CA92821IPhone:714.738.1062CoachellaValleyI46-660WashingtonSuite1,LaQuinta,CA92253IPhone:760.564.6060ATTACHMENT ADocusign Envelope ID: 4128741B-BAE6-45CB-B524-3CCC48C37711
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