If direction is provided by the City Council to streamline the Film Permit process under either Option 1 or Option 2, Staff will review the entirety of Title 5, Chapter 5.57, Filming and Video Taping for needed revisions and bring back to the City Council for full approval in a Public Hearing.
FISCAL IMPACT
The recommended action has no fiscal impact at this time and potential amendments to the Municipal Code will be brought back to City Council for consideration and possible approval.
ENVIRONMENTAL IMPACT
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
- La Verne Municipal Code Title 5, Chapter 5.57
Council Agenda Packet, December 18, 2023 Page 138
La Verne, California Municipal Code
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.57 FILMING AND VIDEO TAPING
5.57.010 Purpose.
5.57.020 Definitions.
5.57.030 Permit—Required.
5.57.040 Exceptions.
5.57.050 Permit—Application.
5.57.060 Permit—Fee.
5.57.070 Permit—Conditions.
5.57.080 Permit—Pyrotechnics and explosives.
5.57.090 Permit—Parking plan required.
5.57.100 Notification.
5.57.110 Hours of operation.
5.57.120 Written permission.
5.57.130 Inspection of premises.
5.57.140 Restoration of site—Deposit required.
5.57.150 Insurance.
5.57.160 Hold harmless.
5.57.170 Suspension.
5.57.180 Revocation.
5.57.190 Appeal.
Council Agenda Packet, December 18, 2023 Page 139
5.57.010 Purpose.
It is the purpose and intent of this city council in adopting this chapter to provide requirements and procedures to facilitate filming and video taping within the city, to assure that such activity is consistent with the public health, safety and general welfare and the protection of property. (Ord. 885 § 1, 1996)
5.57.020 Definitions.
For the purpose of this chapter, the terms used in this chapter are defined as follows:
“Filming or video taping” means producing motion pictures on motion picture film or electronic video tape.
“News purposes” means filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest to be viewed within twenty-four hours. This does not include magazine or documentary programs. (Ord. 885 § 1, 1996)
5.57.030 Permit—Required.
No person shall engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television without first applying for and receiving a permit therefor from the city council as provided in this chapter. (Ord. 885 § 1, 1996)
5.57.040 Exceptions.
The provisions of this chapter shall not apply to:
A. The filming or video taping solely for private or family use; B. The filming or video taping for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions and the like; C. The filming or video taping for news purposes;
D. The filming or video taping of community access programs for cable television systems franchised within the city;
E. The filming or video taping for the purposes of a school project; F. Any other activity deemed in the public interest by the city manager or his or her designee. (Ord. 885 § 1, 1996)
Council Agenda Packet, December 18, 2023 Page 140
5.57.050 Permit—Application.
Any person desiring to obtain a permit to engage in the business or activity of filming or video taping shall file a written, signed application with the city clerk on or before five p.m. on the Monday preceding the next regular city council meeting. Before a permit is considered by the city council, the city manager or his or her designee shall review the application and determine that such filming or video taping will not unreasonably interfere with the public health and safety or unreasonably endanger any property. Written authorization, as specified in this chapter, from each owner of property on which filming will occur shall be attached to the permit application. (Ord. 885 § 1, 1996)
5.57.060 Permit—Fee.
The permit fee shall be established by resolution of the city council. The city manager, or his or her designee, shall prepare on an annual basis, to be revised as needed, a city services fee schedule, including fees for the use of city-owned buildings and facilities, which shall set forth daily charges of all city services utilized in connection with such filming or video taping. The permit fee and minimum service fees shall be collected before the approved permit is issued. The permittee will be billed by the city for any services used over the minimum. Payment of said fees is due within ten days of billing. (Ord. 885 § 1, 1996)
5.57.070 Permit—Conditions.
Upon review of the permit application/proposed filming agreement, the city council shall determine if special circumstances exist and may impose conditions to the issuance of the permit. Special conditions include:
A. Noise. Filming activities which produce unusual noise such as gunfire, pyrotechnics, explosions, sirens, public address systems, bull horns, construction or other loud noises, may be regulated to mitigate the effects of the activity. An additional permit shall be required for the use of explosives or pyrotechnics (see Section 5.57.080). An acoustical consultant may be employed at the applicant’s expense to develop a mitigation plan to minimize any noise impacts upon the city.
B. Aircraft. Aerial filming and/or helicopter landings are not permitted without explicit written permission from the city council, in addition to any permits required from the Federal Aviation Administration. This written authorization shall be filed with the application.
C. Streets and Sidewalks. Filming that requires street closures, sidewalk closures, or take place in any public right-of-way, including stringing cables across public sidewalks, will require authorization from the public works director and a public works permit. The request for such authorization shall be submitted at least five days in advance of such activities taking place.
Council Agenda Packet, December 18, 2023 Page 141
D. Public Safety Personnel and Services. Police and/or fire personnel requirements shall be determined by those departments. The expense for the required personnel will be collected from the permittee according to the city services fee schedule. Public safety employees shall enforce all city regulations and are employees of the city, not the permittee. Arrangements for police services for traffic control shall be made no later than five days in advance.
At the discretion of the fire chief, fire department personnel may be assigned to act as a fire safety officer. Prior to filming and during filming the fire safety officer shall be responsible for preventing and abating fire and other safety hazards on the set. Prior to filming and during any filming, the fire safety officer shall also coordinate any filming activities which include the use of pyrotechnics and/or explosives requiring a separate fire department permit.
E. Assigned Personnel. The permittee shall designate as a single source, one contact person to be at the premises wherever and whenever filming is taking place. The contact person shall be readily available by pager or cellular phone. At the city council’s discretion, an on-site city liaison may be assigned to be present during filming. The hourly cost of said liaison will be paid for by the permittee. (Ord. 885 § 1, 1996)
5.57.080 Permit—Pyrotechnics and explosives.
Filming activities which include the use of pyrotechnics and/or explosives require a separate permit issued by the fire department. The permit application for the use of pyrotechnics and/or explosives shall be filed with the fire marshal no less than five days prior to the date said activities are scheduled to commence. (Ord. 885 § 1, 1996)
5.57.090 Permit—Parking plan required.
A parking plan for all vehicles associated with the production, including equipment vans, trailers, personal transportation for staff members, and catering trucks must be submitted with the permit application. At a minimum the parking plan shall provide for mitigation measures for all vehicles associated with the production. The plan should detail location, size of spaces, ingresses and egresses, lighting, and any and all temporary improvements necessary to implement the plan. The city council shall determine whether or not the parking plan is sufficient to mitigate parking impacts upon the city and fully accommodate all vehicles relative to the production. (Ord. 885 § 1, 1996)
5.57.100 Notification.
It shall be the responsibility of the permittee to provide notification a minimum of forty-eight hours in advance to the following affected persons. A diagram, map or list of residences and/or businesses notified shall be submitted and approved by the city manager or his or her designee.
A. If filming in a residential area, either indoors or outdoors, notification shall be given to all residents and businesses located within three hundred feet of the filming location.
B. If filming in a commercial area or in the downtown area referred to as Lordsburg, written notification including a parking plan shall be provided to all businesses and residents within three hundred feet.
Council Agenda Packet, December 18, 2023 Page 142
C. If filming involves pyrotechnics, explosives, or large assembly, written notification requirements may be expanded to include all residents and businesses within one thousand feet of the filming location.
D. Notification shall also be advertised in the local newspapers. (Ord. 885 § 1, 1996)
5.57.110 Hours of operation.
A. A complete filming schedule listing a complete detail of the hours of filming activities shall be submitted with the application.
B. No filming or video taping, set-up, staging, dismantling or other operations shall take place prior to seven a.m. or after seven p.m. without the express written authorization of the city council, upon recommendation of the city manager. Such authorization shall be filed with the application.
C. In the event that the permittee does not strictly adhere to the authorized hours of operation, the city manager or his or her designee may impose a financial penalty to be collected from the permittee’s deposit, suspend or revoke the permit. The permittee may appeal such a decision utilizing the process set forth in Section 5.57.190. (Ord. 885 § 1, 1996)
5.57.120 Written permission.
For productions that take place on property not owned or controlled by the city, permittee must obtain written permission from the property owner(s) and tenant(s) and/or enter into a lease agreement for the use of any property. Copies of such permission or agreement shall be filed with the permit application. (Ord. 885 § 1, 1996)
5.57.130 Inspection of premises.
The city shall have access to the premises covered by this permit for inspection purposes at any or all times during the length of the permit. (Ord. 885 § 1, 1996)
5.57.140 Restoration of site—Deposit required.
A five thousand dollar conditionally refundable deposit shall be required to ensure clean-up, restoration of all filming locations and adherence to authorized operating hours. The permittee shall conduct operations in an orderly fashion with continuous attention to the safe storage of equipment not in use, general care of the filming site and the clean-up of debris upon completion of shooting. (Ord. 885 § 1, 1996)
5.57.150 Insurance.
Council Agenda Packet, December 18, 2023 Page 143
The applicant shall, at its sole expense, provide the city with evidence of insurance for general liability and workers compensation benefits for accidents or injuries which occur or are sustained in the course of carrying out this activity. The current insurance requirements shall be listed on the permit application. The certificate of insurance must name the city as additional insured. Where it is proposed that filming activities will occur in or about the facilities of the Los Angeles Flood Control District, the certificate shall also designate the district as an additional insured. (Ord. 885 § 1, 1996)
5.57.160 Hold harmless.
The applicant shall agree to indemnify, defend and hold the city free and harmless from any and all liability, claims, damages or injuries to any person or property, including injury to the permittee’s employees and all claims which arise from or are connected with the negligent performance of or failure to perform work or other obligations or the permitted activity, or are caused or claimed to be caused by the negligent acts of the city, its agents or employees, and all expenses of investigating and defending against the same. (Ord. 885 § 1, 1996)
5.57.170 Suspension.
Any permit issued pursuant to the terms of this chapter shall be subject to immediate suspension if it is found necessary for the protection of the public health, safety or general welfare. In the event of such suspension, the city manager or his or her designee, shall within one working day cause to be served upon the permit holder a written statement containing the grounds for suspension. The permit holder may appeal to the city council, at a city council meeting, regarding suspension. The city manager may temporarily suspend filming when police and/or fire personnel assigned to the location are required to respond to an emergency elsewhere in the city. (Ord. 885 § 1, 1996)
5.57.180 Revocation.
The city manager or his or her designee may revoke a film permit issued pursuant to this chapter under the following circumstances:
A. Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions or regulations of the city;
B. Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit;
C. Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application;
D. Where it is determined that the preservation of the public health, safety and general welfare require revocation of the permit. (Ord. 885 § 1, 1996)
5.57.190 Appeal.
Council Agenda Packet, December 18, 2023 Page 144
Upon imposition of a financial penalty, suspension or revocation of a film permit issued pursuant to this chapter, the permittee may appeal directly to the city council during the next regularly scheduled council meeting. (Ord. 885 § 1, 1996)
Contact:
City Clerk: 909-596-8726
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
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City of La Verne, City Council
Agenda Report
DATE: December 18, 2023
TO: Honorable Mayor and City Council
FROM: Lupe Gaeta Estrella, Assistant City Clerk
SUBJECT:
RESOLUTION APPOINTING CANDIDATES FOR CITY COUNCIL
DISTRICTS 2 AND 5 AND CANCELING THE MARCH 5, 2024 ,
GENERAL MUNICIPAL ELECTION FOR DISTRICTS 2 AND 5
SUMMARY
The nomination period for the March 5, 2024, General Municipal Election was Monday, November 13, 2023, through Friday, December 8, 2023. One qualified candidate per open district was nominated for District 2 and 5, respectively. As provided for in Elections Code Section 10229, since there were not more candidates nominated than offices to be filled, the City Council may cancel the election and appoint the two candidates.
RECOMMENDATION
It is recommended that the City Council:
1. R eceive the City Clerk’s Certification that there are no more candidates than offices to be filled;
2. A dopt Resolution No. 23-88, titled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF MEMBERS OF THE CITY COUNCIL, DISTRICT 2 AND DISTRICT 5 , THAT WERE TO BE ELECTED ON TUESDAY, MARCH 5, 2024 , AND CANCELING THE ELECTION FOR DISTRICT 2 AND DISTRICT 5.”
DISCUSSION
The City Council adopted Resolution No. 23-72, on October 16, 2023, Calling and Giving Notice of Holding a General Municipal Election to be held on Tuesday, March 5, 2024, for the following offices: Members of the City Council for District 2 and 5 for a four-year term.
At the close of the Nomination Period on December 8, 2023, there were no more candidates than offices to be filled; therefore, California Elections Code Section 10229 prescribes a procedure if, at the close of the Nomination Period, there is only one nominee for each of the available offices. The City Clerk is required to submit a certification of these facts to the City Council and inform the Council of available options as well as posting the proposed action pursuant to Elections Code. The required posting was satisfied and completed after the close of nominations on December 8, 20 23. The persons nominated are: Rick Crosby , District 2 ; and, Wendy Lau, District 5. Both candidates are currently at-large members of the City Council.
Council Agenda Packet, December 18, 2023 Page 147
March 5, 2024, Election – Appointing Candidates and Canceling Election Monday, December 18, 2023
Pursuant to Section 10229, Elections Code of the State of California, the City Council is to take one of the following courses of action:
1. Appoint to the office(s) the person(s) who have been nominated.
2. Appoint to the office(s) any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
Pursuant to this same section, if, by the 75th day before the municipal election (December 21, 2023), no person has been appointed to office the election shall be held.
FISCAL ANALYSIS
$200,000 has been budgeted in the 2023- 24 Annual Operating Budget for contractual services related to elections. Due to the action to place on the 2030 municipal election the question of an at -large mayor position, approximately $112,000 is available for re - prioritization. By canceling the March 5, 2024, election by appointing the two nominated candidates, another approximate $50,000 is available for re-prioritization.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney has reviewed and approved this item and resolutions.
ATTACHMENTS
1. City Clerk Certification
2. Resolution No. 23-88
Council Agenda Packet, December 18, 2023 Page 148
RESOLUTION NO. 23-88
A RESOLUTION OF THE CITY CO UNCIL OF THE CITY OF LA VERNE , COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, PROVIDING FOR APPOINTMENT TO THE OFFICES OF MEMBERS OF THE CITY COUNCIL, DISTRICT 2 AND DISTRICT 5 , THAT W ERE TO B E ELECTED ON TUESDAY, MARCH 5, 2024 , AND CANCELING THE ELECTION FOR DISTRICT 2 AND DISTRICT 5.
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on December 8, 2023 , there are not more candidates than offices to be elected and that § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice was posted on December 8, 2023, and published on December 13, 2023, pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE , CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken:
The following persons are being appointed to the offices to which they were nominated:
NAME OFFICE TERM
Rick Crosby City Council Member – District 2 4 years
Wendy Lau City Council Member – District 5 4 years
SECTION 2. The Municipal Election scheduled to be held on Tuesday, March 5, 2024, for District 2 and District 5 is now canceled.
SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 4. The City Clerk or designee shall not accept for filing any statement of write-in candidacy which is submitted after the appointments are made.
SECTION 5. That the Assistant City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on this 18
th day of December 2023.
___________________________________
Mayor Tim Hepburn
ATTEST:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Council Agenda Packet, December 18, 2023 Page 149
2 Resolution No. 23-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF LA VERNE )
I, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, Do HEREBY CERTIFY that Resolution No. 23-88 was duly passed and adopted by the said City Council at a regular meeting of the said Council held on the 18
th day of December 2023, and passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Lupe Gaeta Estrella, Assistant City Clerk
Council Agenda Packet, December 18, 2023 Page 150
Council Agenda Packet, December 18, 2023 Page 151
City of La Verne, City Council
Agenda Report
DATE: 12/18/2023
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: AUTHORIZE AGREEMENT WITH SOUTHLAND MECHANICAL , INC
FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
SERVICES FOR CITY FACILITIES
SUMMARY
This item seeks City Council authorization to enter into a n agreement with Southland Mechanical, Inc. for heating, ventilation, and air conditioning (HVAC) services for City facilities. The proposed agreement has an initial term of three years, with an option to administratively renew for up to two additional one -year extensions . The ongoing preventive maintenance services are anticipated to be $33,200 with the potential to award additional services for repair/replacement based on City needs and hourly prices listed in the bid.
RECOMMENDATION
That the City Council approve a n A greement for HVAC services with Southland Mechanical, Inc. at prices bid , for an initial term of three years and authorize the City Manager, or designee, to administratively renew for up to two additional one -year extensions. After the initial three -year term, future contract extensions would be subject to adjustments based on the Consumer Price Index.
DISCUSSION
The maintenance and repair of heating, ventilation, and air conditioning systems within City facilities are critical to ensuring the comfort and safety of both employees and the public. The proposed professional service agreement aims to streamline and improve the process of maintaining these systems.
Currently, air conditioning maintenance and repair services are procured on an as-needed basis, which can lead to delays in addressing issues and challenges in managing costs.
By entering into a formal agreement with Southland Mechanical , Inc., the City can establish a consistent and efficient approach to addressing heating and air conditioning needs.
AUTHORIZE PROFESSIONAL SERVICE AGREEMENT FOR AIR CONDITIONING 12/18/2023
The City performed a formal Request for Proposals process with a notice inviting bids advertised on October 2, 2023 . The responses were due November 14, 2023, with bids received from the following qualified firms listed in alphabetical order:
Acco Engineered Systems, Inc.
Diversified Thermal Services, Inc.
F.M. Thomas Air Conditioning
Southland Mechanical, Inc.
The City’s interdepartmental selection committee reviewed proposals and held interviews with all four qualified firms. The City selected Southland Mechanical, Inc. based on their expertise and competitive pricing. Additionally, reference checks were successfully performed for the company. The initial term of the proposed agreement will be three years, with the option to renew for up to two additional one-year extensions. Future extensions would include adjustments to the costs/rates based on the Consumer Price Index.
FISCAL ANALYSIS
Costs for the preventive maintenance services are anticipated to be $33,200 per year, with appropriations included in the Adopted FY 23/24 Budget in the General Fund – Account # 101-4102-441-4305. With the award of this contract, the City also may authorize Southland Mechanical to perform replacement/repair services at the prices bid, subject to repair/replacement needed and budget availability . The pricing for this agreement is competitive within the industry based on the other proposals received.
ENVIRONMENTAL ANALYSIS
Not Applicable
LEGAL REVIEW
The City Attorney has reviewed this report as to its form and content.
ATTACHMENTS
1. Professional Service Agreement between the City of La Verne and Southland Mechanical
2. Exhibit A— La Verne REQUEST FOR PROPOSALS Multi-year preventative maintenance contract for heating, ventilation, and Air conditioning (HVAC) 2023
3. Exhibit B1 — Southland Mechanical Preventative Maintenance Cost Schedule
4. Exhibit B2—Additional As Needed Services
AUTHORIZE PROFESSIONAL SERVICE AGREEMENT FOR AIR CONDITIONING 12/18/2023
Report Prepared By: Ramiro Nunez, Acting Maintenance Manager 1 Southland Mechanical
Rev. 2-2023
CITY OF LA VERNE
PROFESSIONAL SERVICES AGREEMENT
WITH
SOUTHLAND MECHANICAL, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18TH day of December, 2023 and shall be effective on January 1, 2024 (“Effective Date”), by and between the CITY OF LA VERNE, a municipal corporation (“City”), and SOUTHLAND MECHANICAL, INC., a California corporation (“Contractor”).
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance and repair services to the City’s heating and air conditioning systems , as more fully described herein; and
B. Contractor represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the profess ional services described in City’s Request for Proposals, attached hereto as Exhibit “A.”
1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
2 Southland Mechanical
Rev. 2-2023
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws a nd ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
All work is subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774. Appropriate records demonstrating compliance with such a requirement shall be always maintained in a safe and secure location, and readily available at City’s request. Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncomplian ce by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire a pprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, an y and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non - payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.
3 Southland Mechanical
Rev. 2-2023
1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Contractor’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave the Contractor’s employ, Con tractor shall notify City immediately. Payment of subcontractors and other personnel to perform services contemplated by this Agreement shall be at Contractor’s sole cost and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be re turned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.
1.9 Covid-19 Safety and other Similar Requirements. If Contractor enters City property or meets in person with City employees during the performance of the Services, Contractor shall comply with all State, County, and local emergency orders, directives, protocols, and best practices to include COVID-19 and all other unforeseen emergencies or conditions.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).
Contractor’s total compensation for routine /preventative maintenance described on Exhibit B, page 1 shall not exceed Thirty Three Thousand Two Hundred Dollars ($ 33,200.00) annually except as otherwise provided in any future contract amendment. Any other repair or replacement services shall be paid pursuant to the fees set out on Exhibit B, page 2. All fees and prices shall include all applicable sales taxes. After the initial three year term of the Agreement, Contractor may seek a compensation increase for optional extension periods based upon increases in the Consumer Price Index as approved by the Finance Director.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City Manager or designee , prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing . Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of 4 Southland Mechanical
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all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order or purchase order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “A,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, ho wever, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of 3 years, ending on December 31, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by 2 additional 1 year periods upon mutual written agreement of both parties.
4.2. Notice of Termination . The City reserves and has the right and privilege of 5 Southland Mechanical
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canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termina tion notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.
(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
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(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Contractor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of La Verne and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “ The Contractor’s insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of La Verne shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of La Verne , its officers, officials, agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the 7 Southland Mechanical
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indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Southland Mechanical
9830 6th St. Ste. 104
Rancho Cucamonga
City of La Verne
3660 D Street
La Verne, CA 91750
Tel: (909) 223-4546 Tel: (909)368-0664
Attn: Brian Dieterle Attn: Ramiro Nunez
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Courtesy copy to:
City of La Verne
3660 D Street
La Verne, CA 91750
Attn: Finance Dept. | Purchasing
6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties he reto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’ s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obl igations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
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6.9. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contra ctor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. 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 (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents 10 Southland Mechanical
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furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.13. Public Records Act Disclosure . Contractor has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000, et seq.).
Exceptions to public disclosure may be thos e documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret incl uding, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
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6.19. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.20. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other Contractors for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event s hall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.27. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
Brian Dieterle, President
CITY OF LA VERNE
__________________________________ Date: __________________________ [Name]
[Mayor or City Manager or Purchasing Officer]
ATTEST:
__________________________________
Lupe Gaeta Estrella
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Ramiro Nunez
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Meg McWade
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Christy Lopez
Finance Director
EXHIBIT A
REQUEST FOR PROPOSALS
EXHIBIT B1
CONTRACTOR’S PROPOSAL
EXHIBIT B2
FEE SCHEDULE
EXHIBIT D
PROJECT SCHEDULE
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
PUBLIC WORKS DEPARTMENT
CITY OF LA VERNE
LA VERNE, CALIFORNIA
REQUEST FOR PROPOSALS (“RFP”)
Multi-year preventative maintenance contract for
heating, ventilation, and air conditioning (HVAC)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
1 TABLE OF CONTENTS
I. NOTICE INVITING PROPOSALS Summary...........................................................................................2 II. SCOPE OF SERVICES............................................................................................................................3 III. TIMELINE/IMPORTANT DATES……………………………………………….………….........................….7 IV. GENERAL INFORMATION......................................................................................................................8 V. TERMS AND CONDITIONS...................................................................................................................11 VI. PROPOSAL REQUIREMENTS & INSTRUCTIONS..............................................................................12 VII. PROPOSAL SUBMITTAL INFORMATION...........................................................................................17 VIII. QUALIFICATIONS, EVALUATIONS, AND SELECTION PROCESS...................................................18 IX. PROPOSERS QUALIFICATIONS.........................................................................................................22 X. ATTACHMENTS AND EXHIBITS………………………………………………………………….………….23 XI. ATTACHMENT A: COST PROPOSAL AND ACCEPTANCE OF PROPOSED CONTRACT/AGREEMENT………………………………………………………………...…………….……24 XII. ATTACHMENT B: INSURANCE REQUIRMENTS…………………………………………...……...……..28 XIII. ATTACHMENT B.1: ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE COVERAGES SPECIFIED…………………………….…31 XIV. ATTACHMENT C: EX Parte Communications Form…………………………………...………………...32 XV. ATTACHMENT D: Previous Contract Performance & Litigation Statement…………………………………………………………………………………………....…………..33 XVI. ATTACHMENT E: Acknowledgement of city recycling requirements…………………...…….….….35 XVII. ATTACHMENT F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383……………………………………………………………………………………..………....36 XVIII. ATTACHMENT G: La Verne FACILITIES Map ..................................................................................37 XIX. ATTACHMENT H: TASKS/SERVICES.................................................................................................38 XX. ATTACHMENT I: La Verne Equipment list……………………………….…………….………………....41 XXI. ATTACHMENT J: BIDDER’S BOND…………………………………………………………………………43 XXII. EXHIBIT A: Draft Maintenance and Repair Contract Services Agreement…………………………48
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
2 CITY OF LA VERNE
Multi-year preventative maintenance contract for heating, ventilation, and air conditioning (HVAC)
I. NOTICE INVITING PROPOSALS
REQUEST FOR PROPOSAL (RFP) STATEMENT OF PURPOSE
The City of La Verne is seeking proposals from experienced parties qualified to provide heating, ventilation, air conditioning (HVAC), Maintenance and Repair Services for the City’s facilities as well as for declared emergencies for the City of Verne. The city is seeking a qualified company with experience performing HVAC maintenance and repair operations in large commercial buildings. The work will include the provision of a maintenance and management program including, but not limited to the inspection, periodic preventative maintenance, repairs, service calls, and other task servi ces necessary to insure safe, well maintained HVAC systems providing quality air for the City employees and the public. Quarterly services will be conducted at all administration, maintenance, and public areas listed. The service includes, but is not limited to the maintenance, delivery/pickup, supplies, and any labor associated with these services. It is intended for the awarded Contractor to enter into a multi-year fixed monthly rate contract term with a maximum term (and any subsequent amendments or modifications) not exceeding five (5) years.
PROPOSALS DUE
ON OR BEFORE: Tuesday, November 14, 2023
MANDATORY PRE-BID MEETING/ Tuesday, October 24, 2023at 10:00 a.m.
WALKTHRU: City of La Verne, City Hall
3660 D Street, La Verne, CA 91750
PLACE OF PROPOSAL RECEIPT: https://pbsystem.planetbids.com/portal/45040/portal-home
PROJECT IDENTIFICATION NAME: HVAC Maintenance and Repair Services
NOTICE IS HEREBY GIVEN that the City of La Verne, County of Los Angeles, California (“City”), will receive up to, but not later than, the time set forth above online contract proposals for the award of a contract for the HVAC Maintenance and Repair Services described herein. All proposals shall be made on Planet Bids and submitted on or before the date and time noted above.
OBTAINING PROPOSAL DOCUMENTS:
Proposals will be received by the City of La Verne, hereinafter called the “City”, via electronic submission through the City’s PlanetBids’ Contractor/bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home Mailed, faxed or hand-delivered proposals will NOT be accepted. Proposals must be submitted electronically on the PlanetBids Contractor/Bidding Portal website and accompanied by re quired forms and attachments to be considered.
• Utility company service problems.
• Non-moving parts (such as heat exchangers, boiler tubes, shells, condenser tubes, gas, and water piping). • Natural gas supply.
• Air distribution duct work.
• Air balance.
• Thermal insulation.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
3 • Improper operation.
• Negligence or misuse of equipment by persons occupying the space, the owner, the owner’s representative, or vandals:
• Alteration, additions, or repairs made by others’ catastrophic acts of nature, equipment interiors and exteriors. • Plumbing.
• Electrical service beyond the parts of the heating, cooling, and ventilation equipment. • Electrolysis.
• Work required by governmental agencies or insurance agencies. • Removing, replacing, or altering any part of the building structure in the performance of this agreement; and • Individual ceiling mounted restroom ventilation fans.
II. SCOPE OF SERVICES
The Contractor shall provide all labor, supervision, materials, miscellaneous supplies, transportation, equipment, tools, chemicals, and all other accessories, services, and activities necessary for the provision of preventative HVAC maintenance and repair on and within City facilities as specified below. The contractor shall employ, at a minimum, generally accepted standards and practices utilized by people engaged in providing similar services.
It is the contractor’s responsibility to:
• Provide an appropriate level of on-site staffing as needed • Provide appropriate tools, equipment, and vehicles necessary to support all building HVAC equipment and control systems during normal business hours 7:00 A.M. – 4:00 P.M. for routine maintenance, will be coordinated as approved by the city. Monday through Fridays including holidays and for response after normal working hours.
Contractor’s services are to be compliant with all Federal, State, CARB, AQMD, OSHA, ASHRAE, and all other applicable regulatory requirements, including payment of prevailing wages.
The contractor shall repair or replace failed or worn moving parts (such as: bearings, motor rotors, motor starters, seals, gears, burners, actuators, controls, and switches). Prior to beginning any repair or replacement, Contractor will troubleshoot the system to diagnose the system’s problems. The City shall not incur any extra charge for troubleshoot of the system. The Contractor shall itemize the equipment list (Attachment I) and verify equipment, state which equipment is in need of repair or replacement. If HVAC equipment is not repairable, the contractor will replace it with an equivalent type that has been approved by the City. Repair or replacement is subject to bid quote process. See non-exclusivity below.
Non-exclusivity Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests.
CONTRACTOR RESPONSIBILITIES/REQUIREMENTS
Contractor shall provide labor and material to perform preventative maintenance, service, and repair of all HVAC equipment and controls system (I-Vue). All filters, belts, annual testing and written report of the chilled water and semi-annual boiler, water treatment, grease, refrigerant, oil, touch-up, paint, and mechanical, electrical, miscellaneous parts and materials needed to maintain the equipment to service, repair, and maintain to the manufacturer’s specifications will be included in this proposal.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
4 Standards of Conduct: The Contractor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the city.
Supervision: The Contractor shall always provide adequate and competent supervision during the Contract term. The Contractor shall be readily available to meet with the City. Contractor shall provide the telephone numbers where its representative(s) can be reached.
City Premises: Contractor’s employees and agents shall comply with all City rules and regulations while on City premises.
Removal of Employee: The City may request the Contractor immediately remove from assignment to the city any employee found unfit to perform duties in the city. The Contractor shall comply with all such requests.
Communication Skills: Contractor shall ensure that onsite employees can communicate in English both verbally and in writing.
Local Office: If possible, the Contractor shall maintain a local office with a competent company representative who can be reached during normal working hours, 7:00 a.m. to 6:00p.m. and who is authorized to discuss matters pertaining to this contract with the Technical Representative. A local office is one that can be reached by telephone within the 909-area code or adjacent and within a 10-mile radius to the City of La Verne. Please specify where your office is in your proposal submittal. The Contractor shall at no time be permitted to utilize existing or future on-site trash receptables to dispose of waste or waste containers resulting from performance of services. Contractors shall not be permitted to store equipment and/or chemicals at any of the City’s locations, except as expressly provided herein.
Belt Driven Equipment: Within 30 calendar days after receiving a Notice to Proceed from the City, the Contractor shall obtain spare drive belts for every piece of equipment in the City’s HVAC equipment inventory. These spare belts are to be kept at the same location as the equipment they service. Eighteen (18) months after the Notice to Proceed and eighteen (18) months after execution of any amendments to extend the agreement, the Contractor shall procure an additional set of drive belts and shall install the previously procured spare belts on every piece of equipment. The Contractor shall include this cost as part of his bid item price for routine preventative maintenance and no other compensation will be provided.
Equipment & Enclosures: The equipment enclosures and equipment are to be kept free of dust, lint, oil residue and debris. Units shall be maintained in a reasonably clean and dry condition. Oil spills shall be cleaned up immediately and reported to the City Facility Supervisor. Refrigerant and oil leaks shall be documented and reported to the authorized City representative. All waste materials will be removed from the area immediately and disposed of properly. Cleaning shall be performed in accordance with the Contract specifications.
All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating Panels, indicators and markings shall be maintained as installed. Defaced components will be reported to the City Facility Supervisor or his/her authorized representative. Equipment enclosures and doors shall be kept locked to prevent unauthorized access.
Controls & Other Equipment: Controls and other operational apparatus will be kept clean, properly lubricated, and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
5 relays, and resistors showing signs of deterioration shall be repaired or replaced, as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards in stock locally or having access to spares for overnight delivery.
All work shall be warrantied for a period of sixty (60) days. Additional service calls required within this time, for warranties services, shall be provided at no additional charge to the City.
The City of La Verne will require copies of the Material Safety Data Sheet (MSDS) on all chemicals used in any manner.
All chemical spraying must meet current Federal, State, and City of Menifee regulations.
Upon request, the Contractor will supply the City authorized representative, pictures of “Before and After” maintenance that are suitable for reproduction.
City Responsibilities
The City will provide details and access to all city facilities where services are to be provided.
Contract Modifications
The City reserves the right to change the number of facilities or services required. It is possible that additional facilities will be added to the scope of work throughout the length of the agreement.
Emergency Call Out Service
Contractors shall provide 24-hour emergency service as needed in all aspects of HVAC emergency repair for the City facilities included in this specification. Hours shall be Monday through Friday 4:00 p.m. to 7:00 a.m. and 24 hours each day on weekends and Holidays. Contractor shall respond by telephone to the City Representative within thirty (30) minutes and have working personnel on-site within two (2) hours of the call- out or if the problem is capable of being corrected using a computer and/or a mobile device (such as tablet, cellphones, laptop) to alleviate the source of complaint.
HVAC Maintenance and Monitoring
Contractor is responsible for, but not limited to, the following tasks:
• Respond to indoor temperature complaints, provide expeditious correction, record complaints and corrections at all City buildings.
• Inspect all HVAC systems at least once each year prior to summer in April/May, with seasonal start-up and run inspections performed and documented. To be done at a time that is mutually agreeable between the contractor and city staff.
• Review the contract and through monitoring and inspections verify that the services described in Attachment H are performed.
• For all types of HVAC pumps: Lubricate bearings and test pumps semi-annually. Inspect couplings and check for leaks. Investigate unusual noises.
• Perform air-handling unit maintenance, which includes, but is not limited to, all services recommended by manufacturer.
Annual Maintenance
Contractor will perform scheduled annual and multi-annual preventive maintenance in accordance with services described in Attachment H as well as a program of standard routines as determined by Contractor’s experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. The equipment included under these services are itemized in the list of City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
6 equipment (Attachment I). For any maintenance that requires the use of handheld equipment, the Contractor shall use battery-operated alternatives.
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. However, the filters for the Veterans Hall, Community Center, and Oak Mesa School shall be replaced monthly. This service will ensure proper flow through cooling and heating coils; thus, preventing restrictions in airflow, leading to higher system and energy efficiency. All filters shall be pleated with high efficiency and MERV13 filters or the manufacturer published recommendations.
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 and dirt build-up by using a brush or high-pressure air; and
• Using chemicals with low- or high-pressure wash based on the condition of outside environment and coil accessibility.
Evaporator Coil and Cleaning
The contractor will 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. Coil cleaning will:
• Be done at a time that is mutually agreeable between the Contractor and City staff. • Consist of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil; and
• Use a vacuum cleaner and/or other devices that allow the proper cleaning of the coil.
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. Contractor will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by the City, the equipment, manufacturer’s published recommendations, equipment application, and location. A list of the tasks included with this service is outlined in Attachment H.
Water Treatment Services
The Contractor will perform water treatment service and testing for both hot water and chilled water loops at the Fire Station and Police Station (Public Safety Bldg.).
Semi-annual testing and written report of boiler system water to be sampled and tested by an independent qualified laboratory.
Annual testing and written report of chiller water to be sampled and tested by an independent qualified laboratory.
Billable Work
All work beyond and in addition to the scope of the contract shall be considered billable hours and will require approval from city staff.
Evidence of insurance as specified in the contract documents will be required prior to the execution of the contract.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
7 All questions regarding this Request for Proposal (RFP) must be submitted via the City’s PlanetBids portal (Q&A section). No questions will be answered that are mailed to the Project Manager or other City Staff.
Additionally, prospective Contractors may be disqualified if they contact any City employee other than Public Works or the Finance Department.
The City reserves the right to reject any or all proposals, waive any irregularities or informalities in any proposal or in the RFP process, and make such award(s) as is in the City's best interest. No proposing contractor may withdraw their proposal for a period of ninety (90) calendar days after the opening of proposals.
III. TIMELINE/IMPORTANT DATES
**This request for proposal will be governed by the following schedule:
1 Release of RFP/Notice Inviting Bid Monday, October 2, 2023 2 Mandatory Pre-Proposal Meeting/Job Walk* Tuesday, October 24, 2023 3 Deadline for Submissions of written questions Tuesday, October 31, 2023 4 Response to questions Tuesday, November 7, 2023
5 Proposal due date Tuesday, November 14, 2023
6 Interviews November/December 2023
7 City/Council Approval of contract/Tentative December 18, 2023 8 Commencement of Contract December, 2023
*Only proposals submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023 . will be accepted. The Bidders are responsible for checking the purchasing website for notice of intent to award.
**All dates are subject to change at the City’s discretion.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
8 IV. GENERAL INFORMATION
Notice is hereby given that proposals will be submitted one electronic copy of the RFP via the City’s PlanetBids’ Contractor/Bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home until 10:00 a.m. on Tuesday, November 14, 2023
Request for Information: All correspondence and questions regarding this RFP for clarification purposes only are to be submitted in the City’s PlanetBids portal (Q&A section).
All questions or comments concerning the RFP process and the subsequent award shall be submitted on or before noon on Tuesday, October 31, 2023. The city will provide a response no later than 4:00 p.m., Tuesday, November 7, 2023
The City will not entertain or respond to questions or any queries after this date.
Mandatory Pre-Proposal Meeting/Job Walk: Each proposing contractor is hereby notified that a Mandatory Pre-Proposal meeting will take place on Tuesday, October 24, 2023, at 10:00 a.m. at La Verne City Hall located at 3660 D Street, La Verne, CA. The Mandatory Pre-Proposal meeting is being held to provide clarifications concerning this RFP process and subsequent contract award. To provide comprehensive answers and minimize response time, Proposers will be asked to submit questions prior to the Mandatory Pre-Proposal meeting in writing as described above. Only proposals from attendees at the mandatory meeting will be accepted.
Submission Deadline: Proposals shall be typed and uploaded on 8 1/2 “ x 11” size paper, and up to a total page limit of twenty-five (25) pages (NOT INCLUDED dividers, transmittal letter, Table of Contents, and required forms). Proposers should not include any unnecessar y elaborate promotional material. Lengthy narrative is discouraged, and the proposal should be brief, clear, and concise. Mailed, hand delivered, or faxed proposals will NOT be accepted. Proposal due date 10:00 a.m. on Tuesday, November 14, 2023
Late Submittals : It is strongly recommended that proposals be submitted before the submission deadline.
Proposals received after the specified submission deadline will not be accepted. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be returned unopened. Proposers are responsible to ensure the timely submission and receipt of the City of their proposal. Proposals may not be submitted and shall not be accepted by the City via facsimile or electronic mail.
Withdrawal or Modifications : All proposals must be submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023 City reserves the right to change the number of facilities or services required. It is possible that additional facilities will be added to the scope of work throughout the term of the agreement.
Addenda: If any portion of this RFP is changed, the City will provide addenda to all known RFP recipients. The signed addenda must be included with the submittal. Submittals received without the applicable addenda may be rejected as non-responsive.
Responsiveness: All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP. Proposing contractors are hereby notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.
Pre-Contractual Expenses: The City shall not, in any event, be liable for any pre-contractual expenses incurred by the proposing contractor in preparing a respon se to this RFP, which shall be the sole responsibility of the proposer. Proposing contractors shall not include any pre-contractual expenses as part of the proposed fee for services. “Pre-contractual expenses” shall be defined as expenses incurred by a proposing contractor in connection with its response to this RFP, including but not limited to (i) the cost of preparing and submitting a City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
9 proposal to the City; (ii) the cost of engaging in negotiations with the City on any matter relating to the RFP; and (iii) any other expenses incurred by a proposing contract or prior to the execution of a contract with the City for services, if such an agreement is reached.
Proposals will become the property of the City and may be used by the City in any way deemed appropriate.
Received proposals will not be returned to the Proposer.
Legal Authorization: All forms and documentation included in this RFP must be signed and dated by the proposing contractor or a person authorized to legally bind the proposing contractor to a contractual relationship with the city.
Conflict of Interest: Each proposing contractor is required to submit a brief statement disclosing all potential conflicts of interest, including:
a. Any litigation involving the proposer or the proposer’s personnel that is averse to the Cit y.
Termination of contract and/or civil suit.
b. Consulting/Contracting services are currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that was awarded a contract by the City for a project or services.
c. By signing the Agreement, each proposing contractor declares and warrants that no elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Ag reement or any work for the proposed project.
For the term of the Agreement, no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination or office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.
Rejection of Submittals: The City reserves the right at its sole and unfettered discretion to reject all submittals to this RFP received without penalty. Without limitation, a proposal may be rejected for the following reasons:
a. It contains misrepresentations or misleading information. b. It is received at any time after the exact date and time set for receipt of proposals. c. It does not meet the required specifications or terms and conditions as prescribed. d. It is signed by an individual not authorized to represent the Proposer. e. The Proposer submitting the proposal is involved in outstanding litigation that could impair. its ability to complete the responsibilities and obligations of the proposal. f. Any other reason determined to be sufficient grounds for rejection of the proposal, in the City’s sole and absolute discretion.
No Guarantee of Contract: No guarantee is made that any contract will be awarded in response to this RFP.
Insurance Coverage: If a proposing contractor is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the successful proposer. All insurance requirements are included as a provision of the contract.
Sub-Contractors: Proposing contractors shall identify all subcontractors that will be performing work in connection with its proposal and describe the responsibilities that will be assigned to them. The same level of references and background information required for proposing contractors shall be required of subcontractors.
Acceptance of Conditions : Proposing contractors shall include a statement offering the acceptance of all conditions listed in the RFP document which shall be submitted with the proposal.
Proprietary Information/Public Records: All proposals submitted in response to this RFP will become the City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
10 property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of all proposals available fo r inspection and copying by interested members of the public as records of the City, including proposals which may contain information the Proposer regards as proprietary in nature. The city shall be under no obligation to any proposing contractor to withhold such records unless the City’s legal counsel determines information a proposing contractor regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records Act (Gov. Code Section 7920.000, et seq.) or other applicable state or federal law . Insofar as a proposal contains information that a proposing contractor regards as proprietary and/or confidential, it shall be the responsibility of such contractor (and not the City) to clearly identify, in writing, which specific pieces of information are proprietary. It shall be insufficient for a Proposer to merely identify the ir entire proposal or an entire page or set of pages from their proposal as proprietary. With respect to information deemed proprietary, the procedures set forth below shall be observed.
Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information, nor shall any information readily available to the public or any oth er information not regarded as proprietary and confidential under federal or state law.
In the event that the City receives a public records request and proposes to disclose records containing information a proposing contractor has specifically identified as proprietary and/or confidential, the City shall notify the Proposer in writing of its intent to release such information, and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of Proposer’s objection to the City’s release of the allegedly proprietary and/or confidential information and the Proposer’s intent to seek a protective order from a court of competent jurisdiction. The City will not release the proprietary and/or confidential information after receipt of the objection notice and notice of intent from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (ii) the City is ordered to release the information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemni fication agreement wherein the P roposer agrees to indemnify, d efend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from an against all liability, loss, cost or expense (including attorney’s fees) arising out of any legal action brought to compel the rele ase of records containing the proprietary and/or confidential information the Proposer wishes to withhold.
Right to Request Additional Information: During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from any proposing contractor, or to allow corrections of errors or omissions in any timely submitted proposal. At the discretion of the City, interested contractors submitting proposals may be requested to make oral presentations as part of the City’s evaluation process.
Additional Services: The Scope of Services describes the minimum baseline level of serv ices contemplated by this RFP. However, cost-effective proposals that exceed the minimum levels of service are welcome. When the City makes a final selection of a contractor, the Scope of Services may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for by this
Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the City’s principal contact for this RFP regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A “Proposer/Contractor” or “Proposer’s /Contractor ’s representative” includes all the Proposer’s employees, officers, directors, Contractor s and agents, any subcontractors or suppliers listed in the Proposer’s proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer’s behalf.
Proposers shall include the Ex Parte Communications form (Attachment C) with their proposals certifying that City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
11 they have not had or directed prohibited communications as described in this section or, if applicable, identifying any such communications.
V. TERMS AND CONDITIONS
Certification: By submitting a proposal, the proposing contractor certifies that it has read and fully understands the RFP and has full knowledge of the nature, scope, and scale of the services to be performed thereunder.
The proposing contractor further certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal in response to this RFP and is in all respects fair and without collusion or fraud, such that all potential contract awards will result from free, open and competitive proposing among all proposing contractors.
Reservation of Rights & Potential Contract Award: The City reserves the right to reject all proposals received in response to this RFP. As authorized by law, the City’s potential award of a contract to a successful proposing contractor will not be based on any single factor , nor will it be based solely or exclusively on the lowest-cost proposal. If a contract is awarded, it will be awarded to the Proposer who - in the sole and unfettered judgment of the City – has presented an optimal balance of relevant experience, background, technical expertise, technological innovation, price, quality of service, work history , ability to provide requested services and other factors which the City may consider relevant and important in determining which proposal is best for the City.
As set forth in detail in the “Evaluation and Selection Process” section of this RFP, the selection will be made by an Evaluation/Selection Committee which will review and consider the proposals submitted, con duct interviews with qualified Proposers and make a recommendation to the City Council regarding the award of the contract to perform the HVAC maintenance and repair services contemplated by this RFP.
Assignment and Guarantee: No assignment by a successful proposing contractor of a contract award or funds to be received thereunder shall be binding unless the City has given written consent to such assignment. There is no guarantee of a minimal amount of work or compensation for any Proposer selected to engage in contract negotiations with the City.
Clarification: All correspondence and questions regarding this RFP for clarification purposes only are to be submitted electronically on the PlanetBids Contractor/Bidding Portal website and accompanied by required forms and attachments to be considered.
All questions or com ments concerning the RFP process and the subsequent award shall be submitted on or before noon on Tuesday, October 31, 2023. The city will provide a response no later than 4:00 p.m., Tuesday, November 7, 2023
. The City will not entertain or respond to questions or any queries after this date.
Nondiscrimination: The contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them based on age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, gender identity, gender expression, pregnancy, ancestry, physical or mental disability, national origin, religion, or medical condition.
Indemnification: All proposing contractors shall, at their sole cost and expense, indemnify, defend, and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind related to the preparation or presentation of a proposal in response City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
12 to this RFP.
Gratuity Prohibition: No proposing contractor shall offer any gratuities, favors or anything of monetary or intrinsic value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.
Contract Provisions: If a contract is awarded, the selected Proposer will be required to adhere to a set of general contract provisions which will become a part of any formal agreement (see provisions set forth in Exhibit A – City’s Draft Maintenance and Repair Contract Services Agreement). No exception will be granted unless requested and approved, in writing, by the City Attorney.
Compliance with Law: All services to be performed under the contract contemplated by this RFP, if awarded, shall be performed in compliance with all Federal, State, CARB, AQMD, OSHA, ASHRAE, and all other applicable regulatory requirements, the California Environmental Quality Act (“CEQA”) and all other applicable local, state and federal laws, rules and regulations.
Background Check: The City, at its discretion, reserves the right to have employees complete a background check prior to working in any city facility. Designated personnel will be required to DOJ fingerprinting prior to any work.
City Key Policies and Procedures : Keys will be issued to the Contractor and designated employees upon written approval from the Department Head and Director of Public Works/assistant city Manager. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. The deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works/Assistant City Manager. Individuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsibly.
VI. PROPOSAL REQUIREMENTS AND INSTRUCTIONS
Proposal Format/Content:
Proposals shall be typed on 8 ½” x 11” size format.. Proposals shall be to the point and contain only relevant information. Proposals will be considered by the City based on the following five general factors listed below.
Proposing contractors must provide all the information and responses outlined under each factor to the City for its consideration and review.
The firm must submit one (1) electronic copy of the RFP via the City’s PlanetBids’ Contractor/Bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home to respond and conform to the overall RFP requirements.
Proposals shall have a total page limit of twenty -five (25) pages (NOT INCLUDED dividers, transmittal letter, Table of Contents, and required forms). Proposers should not include any unnecessarily elaborate promotional material. A lengthy narrative is discouraged, and the proposal should be brief, clear, and concise. Mailed, hand- delivered, or faxed proposals will NOT be accepted. Proposal due Date 10:00 a.m. on Tuesday, November 14, 2023
BID BONDS When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at least 10% of the bid, to guarantee that bidders will enter contract to furnish goods at prices stated.
The following Bonds are required: Include any additional bonds that may be required.
BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond shall be 10% of the bid City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
13 amount. The Bid Bond upon a form provided by bidders’ surety company or a certified check payable to the City of La Verne and drawn on a solvent bank of the United States of America, is require d with the bid. A scanned copy of the Bid Bond shall be submitted along with the electronic bid, by the bid submission deadline. The original hard copy of the Bid Bond shall be submitted to the Public Works, as a guarantee that the contractor, if awarded a contract, will execute and deliver such contract to the City. Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
3660 D St, La Verne Ca 91750
SUBMITTAL REQUIREMENTS: The proposal shall include the following:
ITEM # DESCRIPTION REQUIRED TO
BE COMPLETED
AND RETURNED
WITH PROPOSAL
RESPONSE
1 Cover Page/Letter of Introduction X
2 Experience and Qualifications of the Individual/Firm X 3 Evidence of Responsibility/References X
4 Attachment A: Proposal & Acceptance of Proposed Agreement X 5 Attachment B: Insurance Requirements
Acknowledgement/Certification
X
6 Attachment B.1: Acknowledgement of insurance requirements certification of ability to provide coverages specified.
X
7 Attachment C: EX Parte Communications Form X
8 Attachment D: Previous Contract Performance & Litigation Statement
X
10 Attachment E: Acknowledgement of City Recycling
Requirements
X
11 Attachment F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383
X
Cover Page/ Letter of Introduction: Proposals must be signed and include a letter of introduction along with the individual/firm name, website, address, telephone number, email, and name of the person authorized to submit the proposal, along with the person’s title. If the individual/firm operates from more than one location, please specify the office to which this project will be assigned. Identify all sub-contractors that will be involved.
Experience, Qualifications and Evidence of Responsibility: The Contractor must describe the qualifications possessed to perform services under this engagement, including technical expertise related to the scope of services. Contractor to provide confirmation that emergency repairs can be provided within 24 hours. Contractor to provide the number of years the firm has been in business. Contractor must have a minimum of five (5) years of experience performing HVAC maintenance services to agencies/events of a similar size and scope.
In accordance with the provisions of Section 330 0 of the Public Contract Code, the City of La Verne has determined that the Contractor shall possess a valid Class C20 – Warm-Air Heating, Ventilating and Air - City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
14 Conditioning Contractor License. Please provide proof of a valid Class C20 License. Failure to po ssess the specified license shall render the proposal as not responsible and/or non -responsive and shall act as a bar to award the Contract to any contractor not possessing said license at the time of award.
Identify any contractors/sub -contractors that y ou would expect to use, noting relevant disciplines. Include resumes and information regarding those firm(s) qualifications.
All contractors must obtain a City of La Verne Business License if selected References: For the prime individual/firms and all sub -contractors, provide reference information and brief project descriptions for at least three (3) clients. Reference projects should have been completed within the last four (4) years and similar in nature to those described in this RFP. Experience with California local municipalities should also be identified. Please include the following information:
Name and Title of Client’s Primary Contact: Telephone number, current email address, and mailing address of the client’s primary contact.
A brief description of the types of services provided, the overall scope of the project, the duration of the project, and the current status of the project.
Cost Proposal & Acceptance of Proposed Agreement (Attachment A): Provide a proposed schedule of total fees for the components of the scope that you are submitting a proposal for and a listing of estimated other direct costs.
Provide a listing of daily rates for services, by type of personnel and/or service.
Include a statement regarding whether the City’s standard contractor agreement (maintenance) is acceptable as is, or whether any modifications would be proposed (INCORPORATED AS PART OF ATTACHMENT A, COST PROPOSAL & ACCEPTANCE OF PROPOSED CONTRACT/AGREEMENT).
Insurance Requirements Acknowledgement/Certification (Attachment B)
Acknowledgment of insurance requirements certification of ability to provide coverages specified ( Attachment B.1)
Ex Parte Communications Form (Attachment C)
Previous Contract Performance & Litigation Statement (Attachment D)
Acknowledgment of City recycling requirements (Attachment E)
Acknowledgment of emissions & reductio n Senate Bill 1383 ( Attachment F) Contractor shall describe what practices and procedures have been adopted to ensure the highest standard of eco -friendly services can be obtained by the City. Please list any eco-friendly programs/partnerships your firm is affiliated with.
Proposals must be signed by representatives of the company who have the authority to bind the company to its provisions. The proposal or a letter accompanying the proposal must state that the quote remains valid for a period of at least ninety (90) days.
Proposals shall be prepared and submitted at the respondent’s sole expense. All proposals wi ll become the property of the City of La Verne and will not be returned. There will be no public bid opening. Only one Proposal is to be submitted by each Firm. Multiple Proposals will result in rejection of all Proposals submitted by the Proposer. The City reserves the right to negotiate mutually acceptable service-related conditions, including cost.
ADDITIONAL INSTRUCTIONS:
RFP documents are available on or after the date mentioned herein (see Timeline/Important Dates) on the City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
15 Contractor/Bidding Portal website, https://pbsystem.planetbids.com/portal/45040/portal-home Respondents shall first register as a Contractor and then log in to the PlanetBids C ontractor/Bidding Portal to search for this project and download the RFP documents. If Respondent experiences problems viewing this website, contact PlanetBids support online http://home.planetbids.com/tech-support or by phone at (818) 992-1771.
Firms fee schedule, reimbursable and overhead costs shall accompany the proposal as Attachment A: Cost Proposal & Acceptance of Proposed Agreement
By submitting a proposal, the responding firm represents that it has thoroughly examined and become familiar with the work required in this RFP and that it is capable of performing quality work to achieve the objectives of the RFP.
Addenda: Any City of La Verne changes to the requirements will be made by a written addendum to this RFP.
Any written addenda issued pertaining to this RFP shall be incorporated into the terms conditions of any resulting Agreement. The City of La Verne will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions.
Firm shall acknowledge receipt of the addendum/addenda (if any) within Attachment 3 (Cost Proposal & Acceptance of Proposed Agreement/Contract) in their proposals. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non -responsive. All addenda will be available on the City’s PlanetBids’ Contractor / Bidding Portal at: https://pbsystem.planetbids.com/portal/45040/portal-home.
City Contact: All questions and/or inquiries regarding this RFP (post-RFP submittal deadline (i.e., RFP selection status, etc.) shall be submitted directed to:
City of La Verne Public Work Department
Public Work Director: Meg McWade [email protected] 909-596-8741
Questions/inquiries before the subm ittal deadline must be submitted via the City’s PlanetBids portal (Q&A Section). No questions will be answered that are mailed or e-mailed to the Project Manager or other City Staff.
Clarifications: Should a prospective firm require clarifications regarding the RFP, the firm must submit questions directly via the City’s PlanetBids portal (Q&A Section) at https://pbsystem.planetbids.com/portal/45040/portal-home. Should it be found that the point in question is not clearly and fully set forth in the RFP, the City of La Verne will issue a written addendum clarifying the matter(s).
The written addendum will be posted via the City’s PlanetBids’ Contractor/Bidding Portal.
1. Proposal – Additional Information (Information will be reviewed for compliance) a. Subcontractors: The proposer shall identify any subcontractors and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of subcontractor(s).
b. Acceptance of Conditions: The proposer shall include a statement of offering the acceptance of all conditions listed in the RFP document, which shall be submitted with the proposal.
2. Disqualification Questionnaire
The Proposer shall complete the following question on a separate sheet of paper attached to their Submittal:
Has the proposing contractor, any officer of the proposing contractor, or any employee of the proposing contractor who has management responsibility in the proposing contractor ever been rejected as non- responsible, or disqualified, removed, or otherwise prevented from bidding on or completing a Federal, City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
16 State, or local Government project because of a violation of law or safety regulation?
Yes __________ No________________
If the answer is Yes, please explain the circumstances and attach it to the Submittal.
3. Conditions for Proposal Acceptances
This RFP does not commit the City to award a contract or to pay any costs incurred for any services.
The City, at its sole discretion, reserves the right to accept or reject any or all proposals received because of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. All proposal s will become property of the City of La Verne, California. If any proprietary information is contained in the proposal, it should be clearly identified.
VII. PROPOSAL SUBMITTAL INFORMATION
Proposal Submittal Deadline: All proposals must be submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023.
A. Late Submittals
Submittals are considered late if physically received at any time after 10:00 a.m. on Tuesday, November 14, 2023
. Late submittals will NOT BE ACCEPTED, NO EXCEPTIONS.
B. Tentative Schedule
**This Request for Proposal will be governed by the following schedule.
1 Release of RFP/Notice Inviting Bid Monday, October 2, 2023 2 Mandatory Pre-Proposal Meeting* Tuesday, October 24, 2023 3 Deadline for written questions Tuesday, October 31, 2023 4 Response to questions Tuesday, November 7, 2023
5 Proposal due date Tuesday, November 14, 2023
6 Interviews November/December 2023
7 Approval of contract December 18, 2023
8 Commencement of Contract Sweeping December, 2023
**All dates are subject to change at the City’s discretion.
Execution of the Agreement shall constitute an agreement by the City and the selected Proposer that the estimate for liquidated damages is reasonable. Such sum is liquidated damages and shall not be construed as a penalty; and may be deducted from payments due to the selected Proposer if such conditions or delays occur.
VIII. QUALIFICATIONS, EVALUATIONS AND SELECTION PROCESS Primary consideration will be given to the general appropriateness of the proposal for the project, the technical competence and creative ability of the Contractors (as described in the proposal) and the firm’s willingness to City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
17 work closely with City staff and other professionals. The City reserves the right to reject all proposals that are inappropriate, inadequate, or are otherwise non-responsive to the City’s needs.
An evaluation selection committee consisting of City management and Public Works staff will evaluate those firms satisfactorily complying with the requirements and requested information indicated above.
The committee will rank the firms, as the committee considers appropriate, based on the Proposal Requirements, Scope of Work, selection process and HVAC understanding and the following:
The agreement/contract type will include a Not-to-Exceed firm fixed price. The contract shall be for three years with two (2) additional one-year extension terms by mutual written agreement of the parties, pending satisfactory performance.
Pricing for the “Initial Performance Period”, (Years 1, 2, and 3) shall remain the same, unless otherwise formally amended by an executed amendment(s) modifying the scope of work.
Cost Adjustment: The Contractor may apply for a cost adjustment only after the original contract term ending June 30, 2026. In order for the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract. The Contract will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles -Ontario- Riverside Statistical Area (CPI-U) provided, however, that those adjustments in rates based solely on the change in CPI will not exceed five (5) percent. The Contractor assumes all risks associated with increased costs of service not reflected in the rate adjustments.
The Contractor shall use the CPI-U for the most recent July fiscal period prior to the contract’s anniversary date.
Changes: Changes in the areas serviced and/or specifications may be necessary during the term of this contract.
Changes in the contract requirements and corresponding changes in compensation may be implemented upon mutual agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to the vendor. If additional services are reque sted, the vendor is to provide a cost estimate detailing them as an attachment to the bid along with prices, similar to the established square footage price already being performed, which may be offered as an addendum for the term of this contract agreement.
Selection Process: All proposals will be reviewed by a Selection Committee. The various selection criteria are summarized below. The City’s final selection will not be dictated by any single factor including price. A firm may be eliminated from consideration for failure to comply with any of the requirements of this RFP, depending upon the critical nature of such requirements. Proposals will be evaluated on the criteria specified below:
1. Experience / Qualifications of the Firm (45 Points)
Demonstrated technical qualifications, strength, and stability of the firm and proposed team. Minimum 5 years of experience performing these services. Emergency services provided. Required licenses confirmed.
2. Referenced Projects (Projects/Services of Similar Size and Scope) (25 Points) The contractor shall describe recent specific projects/services of similar size and scope provided to local California municipalities.
4. Cost Proposal (25 Points)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
18 Reasonableness of pricing and competitiveness of the amount compared with other proposals.
5. Quality of Responsiveness of Proposal (5 points)
Completeness of response in accordance with the RFP instructions.
The City of La Verne reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.
• The City will review proposals, check references and develop a short list of contractors which will be recommended for consideration.
• The City will review the shortlist, interview if necessary, and make a determination. • Upon composing the contract terms with the firm, the contract will be scheduled (if needed) for City Council or City Manager review and approval.
Oral Presentation/Interview: Respondents who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the Selection Committee. This provides an opportunity for the respondent to clarify or elaborate on the proposal. These are fact-finding and explanation sessions only and do not include negotiation. The City of La Verne will schedule the time and location of these presentations. Oral presentations are an option of the City of La Verne and may or may not be conducted.
Draft Maintenance and Repair Contract Services Agreement: The City has provided a copy of the Draft Maintenance and Repair Contract Services Agre ement (Exhibit A). Please review this agreement and provide the City with a written statement of your firm’s willingness to accept all terms of the agreement.
Please note that the City will require the selected firm to enter into a Maintenance Services Agreement. The firm will be required to provide and maintain all of the insurances required by the agreement and a City business license. All insurances and related expenses shall be incorporated into the firm’s proposal.
Pre-Contractual Expenses: The City of La Verne shall not, in any event, be liable for any pre -contractual expense incurred by Proposer in the preparation of its p roposal. Pre -contractual expenses are defined as expenses incurred by Proposer in:
• Preparing its proposal in response to this RFP
• Submitting its proposal to the City of La Verne
• Negotiating with the City of La Verne on any matter related to its proposal • Any other expenses incurred by Proposer prior to date of award
Right to Reject All Proposals: The City reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP. Receipt of a proposal by the City does not constitute a contract with the City. All costs incurred in the preparation of the proposal and subsequent material will be borne by the proposer. The City will provide only staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the proposer. All quotes, inquiries, responses correspondence, proposals, reports, charts, displays, schedules, exhibits and other documentation or other information submitted to the City in response to this RFP will become the property of the City and a matter of public record.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
19 The City retains the right to abandon the proposal process at any time prior to the actual execution of a contract with no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreement entered.
The specifications included within the scope of work are intended to be as detailed as possible; however, respondents shall not take advantage of omissions or oversights in this document. The successful proposer shall supply products or services that meet or exceed the requirements of this document.
Other: Severability: If any terms or provisions of this Request for Proposal shall be found to be illegal or unenforceable, then such term or provision shall be deemed stricken and the remaining portions of this document shall remain in full force and effect.
Right to Refuse: The City of La Verne reserves the right to retain a proposer it determines to be the most qualified (whether such proposer has submitted a qualifications statement in response to this RFP or not) without competition if such action is deemed to be i n the best interests of the Ci ty of La Verne. There is no guarantee that any proposer deemed qualified through this RFP will in fact be awarded any services by the City of La Verne.
Secured Funding Disclaimer: The award of this project is contingent upon securing funding, in a future City Council approval and award of the Contract.
Assigning/Transferring of Agreement : Any successful firm is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of the resulting agreement or its rights, title, or interest therein or its power to execute such an agreement to any other person, company or corporation without prior consent and approval in writing from the City of La Verne.
Responsiveness Screening: Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals.
Initial Proposal Review: The Committee will initially review and score all responsive written proposals based upon the Evaluation Criteria. The Committee may also contact Proposer’s references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City.
An unacceptable proposal is one that would have to be substantially rewritten to make it accep table. The City may conclude the evaluation process at this point and recommend award to a responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best results for the City prior to making a recommendation or selection.
Interview, Reference Checks, Revised Proposals, and Discussions: Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral i nterview. Interviews, if held, are tentatively scheduled for November/December 2023 and will be conducted at the City of La Verne, 3660 D Street, La Verne 91750 . This date is subject to change. The individual(s) from the Proposer’s firm or entity that w ill be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal.
In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
20 additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process.
Following conclusion of th is stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm.
The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached . If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest-scoring Proposer or withdraw the RFP.
IX.PROPOSER’S QUALIFICATIONS
The following statements as to experience and financial qualifications of the Proposer must be submitted as part of this proposal and the truthfulness and accuracy of the information is guaranteed by the Proposer.
Proposer’s Experience
The Proposer’s experience in work of a nature similar to that covered in this proposal extends over a period of ___________ years.
Has the Proposer failed to satisfactorily complete a contract awarded to him? If so, they are as follows (list all exceptions and reasons therefore; use additional paper if necessary):
Financial References
Reference is hereby made to the following bank or banks as to the financial responsibility of the Proposer:
Name and Address of Financial Institution
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
21 ATTACHMENTS & EXHIBITS:
DESCRIPTION REQUIRED TO BE
COMPLETED AND
RETURNED WITH
PROPOSAL
RESPONSE
Attachment A: Cost Proposal X
Attachment B: Insurance Requirements
Attachment B.1: Acknowledgement of Insurance
Requirements and certification of ability to provide
coverages specified.
X
Attachment C: Certification of Non-Collusion X
Attachment D: Previous Contract Performance &
Litigation Statement
X
Attachment E: Acknowledgement of city recycling
requirements
X
Attachment F: Acknowledgement of emissions and
climate pollutant reduction senate bill 1383
X
Attachment G: La Verne Facilities Map X
Attachment H: Tasks/Services X
Attachment I: Equipment List X
DESCRIPTION PROVIDED FOR
REFERENCE
PURPOSES
Exhibit A: Sample Contract/Agreement
(Maintenance Service Agreement)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
22 ATTACHMENT A: COST PROPOSAL & ACCEPTANCE OF PROPOSED
CONTRACT/AGREEMENT
For each task during the term of the Agreement, please submit the estimated hours and extended cost for each person assigned to this project. Proposers must submit cost proposals for the complete scope of work. Each cost option shall include all possible direct and indirect costs, travel, insurance, overhead, labor, profit, rebates, contingent commissions, renewal commissions, service fees, and any other expenses. Proposals shall include payment of prevailing wages to all employees and subcontractors.
The City reserves the right to add or remove services over the contract term. The City reserves the right to award the service(s) listed on this solicitation "individually", by "groups", "all or none", or by any other method as deemed in the best interest of the City.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
23 City of La Verne Details
BUILDING Packaged
HVAC
Units
HVAC
SPLIT
SYSTEM
Mini Split
system
Exhaust
fans
Air
Handler
Chiller And
components
Boiler and
components
Fan
Coil
City Hall 4 2
Public
Safety
building
1 4 3 2 1 1 9
City Yard 4
Fire Station
2 3
Fire Station
3 3
Community
Center
6 Beach Well
Pump Site
¾ Ton
Cabinet
Mt A/C
unit
Amherst
Treatment
plant
2-W. A
Benjamin
elec.
Cabinet
A/C unit
1 6th and
White Well
Site
1 Veterans
Hall
2 1
Oak Mesa
School
1 Note: Equipment count for each location above. Evaporative coils for split systems included with system count. Contractor to verify equipment counts. Equipment not listed that works in conjunction with equipment on list will not incur additional costs if it is deemed part of the existing system.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
24 Please complete and return Attachment A: Cost Proposal file and provide detailed cost breakdown.
Schedule of fees.
ATTACHMENT A: COST PROPOSAL
Preventative Maintenance
Item No. Facility Unit Unit Price Visits
per Year
Annual
Cost
1. City Hall 3660 D St Per visit $ X4 $
2. Public Safety 2061 3rd St Per visit $ X4 $
3. City Yard 2620 First St Per visit $ X4 $
4. Fire Station 2 4785 Wheeler Ave Per visit $ X4 $
5. Fire Station 3 5100 Esperanza Dr. Per visit $ X4 $
6. Community Center 3680 D St Per visit $ X12 $
7. Veterans Hall 1550 Bonita Ave Per visit $ X4 $
8. Oak Mesa School 5400 Wheeler Ave Per visit $ X4 $
9. Amherst Treatment Plant
2898 Amherst St
Per visit $ X4 $
10. 6th and White St Well Site Per visit $ X4 $
11. Beech Well Pump Site 2751 Beech St Per visit $ X4 $ Total – Annual Cost $
Additional As-Needed Services
Description Hourly Cost
Mechanical Services
$ per Hour
Control System and Programming Services
$ per Hour
Engineering Services
$ per Hour
After Hours Service Call
$ per Hour
Other:
$ per Hour
Other:
$ per Hour
Other:
$ per Hour
Cost Adjustment: The Contractor may apply for a cost adjustment only after the original contract term ending June 30, 2026. In order for the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract. The Contract will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles -Ontario- Riverside Statistical Area (CPI-U) provided, however, that those adjustments in rates based solely on the change in CPI will not exceed five (5) percent. The Contractor assumes all risks associated with increased costs of service not reflected in the rate adjustments.
The Contractor shall use the CPI-U for the most recent July fiscal period prior to the contract’s anniversary date.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
25 (PLEASE READ AND MARK EACH CHECKBOX CONFIRM ACKNOWLEDGEMENT AND AGREEANCE
WITH THE INDICATED STATEMENTS)
☐ The Proposal Cost provided reflects all possible direct and indirect costs, travel, insurance, overhead, labor, profit, rebates, contingent commissions, renewal commissions, service fees, and any other expenses.
☐ The Proposal provided reflects any additional addendum(s) issued with respect to this RFP. ☐ My signature certifies that this firm has no business or personal relationships with any other companies or person that could be considered a conflict of interest, or potential conflict of interest to the City of La Verne, pertaining to any and all work or services to be performed as a result of this request and any resulting Agreement/Contract with the City.
ACCEPTANCE OF PROPOSED AGREEMENT/CONTRACT:
☐ Submittal of this proposal indicates we have reviewed the proposed written agreement (Exhibit A) and if selected would accept all terms of the proposed agreement. Proposer, in submitting a response to this RFP, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against any and all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty.
Company Name _
Address: _
City: State: Zip Code:__________
Telephone Number:_(____) Fax Number:_(____)_________________
Company Type:
☐ Corporation ☐ Partnership ☐ Trust/Estate ☐ Limited Liability Company (LLC) ☐ Individual/Sole Proprietor or single member LLC ☐ Other:______________
Signed By __
Print Name Title _
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
26 ATTACHMENT B: INSURANCE REQUIREMENTS
CONTRACTORS AND/OR CONTRACTORS TO THE CITY OF LA VERNE (CITY), AT
THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND
MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURA NCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
27 REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
Each
Occurrence
Aggregate
YES WORKER’S
COMPENSATION
EMPLOYER’S
LIABILITY
Statutory
Statutory
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES GENERAL LIABILITY Bodily Injury $1,000,000 $2,000,000 Property Damage $1,000,000 $2,000,000
Bodily Injury &
Damage Combined
$1,000,000 $2,000,000
YES AUTOMOBILE
LIABILITY, INCLUDING
ALL OWNED, HIRED,
NON-OWNED
Bodily Injury $1,000,000 $1,000,000
Each Person $1,000,000 $1,000,000
Each Occurrence $1,000,000 $1,000,000
Property Damage $1,000,000 $1,000,000
Bodily Damage and
Property Damage,
Combined
$1,000,000 $1,000,000
YES ADDITIONALLY
INSURED
THE CITY OF LA VERNE IS TO BE NAMED AS AN
ADDITIONAL INSURED: CONTRACTOR, AT ITS
SOLE COST AND EXPENSE, SHALL OBTAIN AND
MAINTAIN, IN FULL FORCE AND EFFECT
THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE
COVERAGE HEREIN DESCRIBED, INSURING NOT
ONLY CONTRA CTOR AND ITS
SUBCONTRACTORS, IF ANY, BUT ALSO, WITH
THE EXCEPTION OF WORKERS’ COMPENSATION,
EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS
CITY, ITS COUNCILMEMBERS, OFFICERS,
AGENTS, AND EMPLOYEES.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
________________________________________________________________________________________ 28 INSURANCE COVERAGE: A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION.
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
DEDUCTIBLE AMOUNTS IN EXCESS OF $25,000 REQUIRE CITY’S PRIOR APPROVAL.
INSURANCE CERTIFICATES: CONTRACTOR MUST SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
UPDATED INSURANCE CERTIFICATES, AS NEEDED, MUST BE RE-SUBMITTED PERIODICALLY
DURING THE PERIOD UNDER CONTRACT, INCLUDING ORIGINAL CONTRACT TERM AND ANY ADDITIONAL TERM EXTENSIONS.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSURED”: PRIMARY COVERAGE: WITH RESPECT TO CLAIMS ARISING OUT OF
THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS
PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
CROSS LIABILITY: THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS
INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY
RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING
OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOT AL LIABILITY OF THE COMPANY UNDER THIS POLICY.
NOTICE OF CANCELLATION: IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON -PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
CITY OF LA VERNE
PUBLIC WORKS DEPARTMENT
3660 D STREET
LA VERNE CA 91750
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services
________________________________________________________________________________________ 31 ATTACHMENT B.1: ACKNOWLEDGMENT OF INSURANCE
REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE
COVERAGES SPECIFIED
I, (Print Name), the
(President; Secretary; Owner or Representative) of the
(Company Name or
Corporation, or Owner), certify that the Insurance Requirements set forth in Attachment B and the Proposed Agreement have been read and understood that our insurance company(ies) (Name(s) of insurance company(ies)) (is/are)
able to provide the coverages specified.
Signature of President, Secretary, Partner, Owner or Representative
Date
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 32 ATTACHMENT C: EX PARTE COMMUNICATION CERTIFICATION FORM Made to: City of La Verne
(a) By submitting this proposal, each proposer and each person signing on behalf of any firm certifies, and in the case of a joint proposal, each party, therefore, certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:
(1) The fees and terms in this proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees and terms with any other proposer or with any other competitor; and
(2) Unless otherwise required by law, the fees and terms which have been quoted in this proposal have not been knowingly disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and
(3) No attempt has been made by the proposer or will be made to induce any other persons, partnership or corporation to submit or not submit a proposal for the purpose of restricting competition.
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember and/or said above concerning RFP for HVAC Maintenance and Repair Services at any time after Monday, October 2, 2023
________________________________________ _______________________ Name of Firm/Company/Corporation Phone # Address City, State, Zip____
________________________________________ _______________________ Print Name/ Title/ Signature Date
OR
I certify that the Proposer or Proposer’s representatives have communicated after Monday, October 2, 2023 with a City Council member and/or said above concerning RFP for HVAC Maintenance and Repair Services. A copy of all such communications is attached to this form for public distribution.
________________________________________ _______________________ Print Name/ Title/ Signature Date
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 33 ATTACHMENT D: PREVIOUS CONTRACT PERFORMANCE & LITIGATION
STATEMENT
The City will evaluate the facts and may, at its sole discretion, reject Proposer’s response if the facts discovered indicate that completion of a contract resulting from this Request for Proposal may be jeopardized by the selection of Proposer. If no such terminations for default have been experienced by Proposer in the last five years, so indicate. The City shall reject any Proposer’s response if it discovers any contract terminations within the stated period that were not disclosed.
PREVIOUS CONTRACT PERFORMANCE: Submit details of all terminations for default experienced by Proposer during the past three (3) years including the other party’s name, address and telephone number. Termination for default is defined as a notice to stop performance due to Proposer’s nonperformance or poor performance and the issue was either (a) not litigated or (b) litigated and such litigation determined Proposer to be in default. Present a description of the facts surrounding each incident and include the Proposer’s position on the matter. Exclude garnishments and similar routine matters that do not affect contract performance. Indicate whether the Proposer or principals have ever been suspended or debarred by any government agency. State “NONE,” if none. Use additional sheets as necessary.
Indicate whether the Proposer or principals have ever been involved in any kind of bankruptcy proceedings. Give a summary of all proceedings and provide a listing of all significant outstanding claims or judgments. State “NONE,” if none. Use additional sheets as necessary.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 34 LITIGATION HISTORY:
Check One:
☐ The undersigned firm has had no litigation and/or judgments entered against it by any local, state or federal entity and has had no litigation and/or judgments entered against such entities during the past ten (10) years.
☐ The undersigned firm, by attachment to this form, submits a summary and disposition of individual cases of litigation and/or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten (10) years.
COMPANY:
SIGNATURE:
NAME :
TITLE:
DATE:
Failure to check the appropriate blocks above may result in disqualification of your proposal.
Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your proposal.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 35 ATTACHMENT E: Acknowledgment of City Recycling
Company:
Signature:
Name:
Title:
Date:
Failure to check the appropriate block above may result in disqualification of your proposal. Awarded Contractor/s that fail to meet these requirements will be in violation of the agreement and shall constitute administrative review or termination of contract.
☐ If the Contractor is required to provide paper products in order to provide the services requested herein, the Contractor understands and agrees to purchase and use on behalf of the City, only paper products with a minimum of 30% post -consumer recycled content that are of the same fitness and quality o f nonrecycled products. Contractor will only provide products after receiving written approval from City representative/s City policy is based on the State recycling requirements. Purchase and use on behalf of the City, products that are recyclable as defined by FTC “Green Guides” (16 CFR 260.12)
Provide monthly (or quarterly) purchase records which include invoice copies of other documentation of purchase, item description, certification of recycled material content, Contractor name, purchase name, quant ity purchased, date purchased. If non -recycled content paper products are provided, include a description of why recycled-content paper products and /or recycled-content products were not provided.
Items include but are not limited to:
Toilet Paper
Toweling
Facial Tissue
Toilet Seat Covers
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 36 ATTACHMENT F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383
ACKNOWLEDGMENT OF SENATE BILL 1383 REGULATIONS
Senate Bill (SB) 1383 establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). The state defines “Organic waste” as food, landscape and pruning trimmings, lumber, wood, manure, cardboard, paper products, printing and writing paper, and other plant and animal-based products. These new regulations were finalized by CalRecycle on November 2020 and will take effect January 2022 Contractor shall use recycled products in performance of the services to the maximum extent doing so is economically feasible. The contractor shall provide a list of recycled product options to City Staff and await written approval once proposed alternatives have been deemed to meet or exceed specifications required to successfully complete the services mentioned herein. For information on SB 1383 is available on CalRecycle webpage https://www.calrecycle.ca.gov/organics/slcp
This is to acknowledge that we have read and agree to the Senate Bill 1383 (SB 1383) regarding CalRecycle Organics Regulations as set by the State of California.
_____________________________________________________________________ (Firm Name)
___________________________________________ __________________________ (Print name and title of person signing for firm)
_____________________________________________________________________ (Signature/Date)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 37 ATTACHMENT G
LA VERNE FACILITIES MAP
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 38 ATTACHMENT H
LA VERNE TASKS/SERVICES
Background
The following tasks listed herein for each equipment type will be performed at the intervals planned. These tasks are designed to place the equipment into prime operating condition so that the equipment will operate effectively, reliably, and efficiently. Frequency shall be yearly (once a year) and as noted otherwise.
Rooftop packaged units
• Preventative maintenance
• Lock out and tag out equipment as required.
• Check all electrical wiring and connections. Tighten as required. • Check all motor starter contactor surfaces for wear (quarterly) • Clean electrical control enclosures
• Lubricate air handling unit motor bearings and fan bearings, if applicable • Check air handling unit belts for wear and change as required (quarterly) • Check belt tension and sheave alignment.
• Check the condition of the evaporator coils. Chemically clean as required. • Check and clean condensate drains, drain lines and pan Mini-Split systems
• Preventive maintenance
• Confirm Operation (cooling/heating/ temperatures/noises/ suction) • Inspect the full system (wires/ signs of oil on tubing/refrigerant connections/abnormal wear) • Clean and change filters regularly. (Remove access panels out and in for testing and cleaning) • Clean/wash and sanitize evaporator/condenser coils.
• Clear/clean pipes/drain line and condensate pump
• Clean the outside of the system.
• Clear space around the unit
• Measure compressor, blower, and CFM Amps
• Measure outlet air temperature and delta T
• Check suction pressure and superheat at full cooling
Exhaust fans
• Preventative maintenance
• Lock out tag-out equipment as required.
• Check all electrical wiring and connections and tighten them. • Check all motor starter contactor surfaces for wear (quarterly) • Clean starter and electrical control enclosures
• Lubricate motor bearings and fan bearings.
• Check exhaust fan belts for wear, and replace as required (quarterly) • Check belt tension and sheave alignment. Adjust as required (quarterly) • Inspect exhaust fan unit assembly.
• Check all mounting hardware. Tighten as required
Package, gas, heat, electric, and cool
• Preventive maintenance
• Check unit voltage and record.
• Lubricate motors as required.
• Check and adjust burners for proper flames.
• Check for proper combustion and flue gas relief.
• Record discharge temperature, heating and cooling modes (quarterly) • Record return air temperature (quarterly)
• Check and adjust operating and safety controls.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 39 Air Handler
• Perform Maintenance
• Lockout tag-out equipment.
• Check starter contacts for excessive wear.
• Tighten all starter wire connections.
• Check belts, adjust or replace as needed (quarterly)
• Check belt tension and sheave alignment. Adjust as required (quarterly) • Meg-Ohm motor and record
• Check fan motor amps.
• Clean and lubricate unit motor bearings and fan bearings. • Check operation of economy dampers (quarterly)
• Lubricate and tighten all dampers and linkages as necessary. • Check the operation of the static vane (if applicable) • Visually check all coils for leaks
• Check and record all coil delta T.
• Inspect all mounting hardware, and tighten as needed. • Clean outside air screens (quarterly)
• Inspect the condition of vibration insulators
Multi-zone Air Handler
• Perform maintenance.
• Lockout tag-out equipment.
• Check fan motor amps.
• Clean and lubricate components.
• Check the operation of economy dampers.
• Check the operation of static vanes or dampers.
• Check the operation of zone dampers.
• Check and adjust operating and safety controls.
• Inspect starter contacts.
• Inspect the condition of vibration insulators
Package chiller annual
• Lockout tag-out equipment.
• Check condenser / Barrel tubes.
• Check the Chiller barrel tube.
• Check and record unit amp draw.
• Check unit voltage and record.
• Check unit pressures and record
Chiller with reciprocating compressors
• Visually inspect equipment condition and operation
• Check for unusual vibration, noise, excessive temperatures, and refrigerant leaks. • Check unit voltage and record.
• Check condenser pressure and record.
• Check evaporator pressure and record.
• Check oil sump sight glass.
• Record chilled water inlet temperature.
• Record chilled water outlet temperature.
• Check condenser water inlet.
• Check condenser water outlet temperature.
• Check compressor starter contacts for abnormal wear
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 40 Variable Frequency Drive
• Check unit operation (quarterly)
• Check fault history report.
• Check the operation of the manual bypass.
• Verify drive signal increase and decrease.
• Check and tighten all electrical connections.
• Check starter contacts for wear
Boiler
• Check boilers for proper operation.
• Check and use the boiler viewport to check the main burner flame. • Turn off and secure the boiler.
• Check boilers for any unusual noise or vibration.
• Inspect gaskets for any signs of leaks (quarterly)
• Examine the venting system.
• Remove and/or inspect the gas pilot assembly. Reinstall in accordance with recommended specifications and tolerances.
• Check boiler circulating pumps for proper operation and lubrication. • Check flame safeguard control for pilot and main flame ignition. • Check operation of the blower motor and circuitry
• Check the operation of gas valves and vents.
• Inspect and tighten all electrical connections.
• Check and adjust all boiler limit pressure controls and running interlocks. • Check operation and adjust low water controls.
• Check and adjust burner, pilot and main flame ignition. • Check and oil combustion air fan.
• Check expansion tank and site glass. (Adjust as needed) • Check all entering and leaving water temperatures and pressures. • The boiler room shall be left in the same condition as existed prior to start of the work. • Refer to the equipment O&M manual for any maintenance clarifications. • Flush pressure relief valve
• Clean and adjust the scanner, igniter, and flame rod. • Check the pilot for proper ground
Evaporator and condenser coils
• Chemically clean air-cooled condenser
• Clean condensates pan and chemically treat related drain. • Check and set the superheat on the evaporator.
• Inspect and chemically clean the evaporator
Chillers
• Examine piping, check operation, and log (quarterly)
• Inspect pumps as required.
• Perform maintenance functions as outlined on the chiller manufacturer’s maintenance schedule (quarterly) Circulation pumps
• Flush and lubricate pump and motor bearings.
• Check coupling alignment and security to the shaft.
• Tighten base mounting bolts
Water treatment
• Furnish chemicals as required to retard scale, corrosion, and biological growths
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 41 ATTACHMENT I
EQUIPMENT
Contractor to Verify
CITY HALL
• 3EA. 10-TON Bryant packaged units
• 1ea. 5-TON Bryant packaged units
• 1ea. 3-TON Carrier mini split
• 1ea. 2-TON Fujitsu mini split
Community Center
• 1ea. 4-TON Carrier package unit
• 1ea. 4-TON York package unit
• 4ea. 4-TON Carrier package unit
• 1ea. ½-TON Swamp Cooler
VETS HALL
• 2ea. 4-TON Carrier package unit
• 1ea. Evaporator coil above the storage room
PUBLIC SAFETY
Fire Station 1
• 1ea. Air Handler Alliance air product
• 1ea. 3-TON Carrier split unit
• 2ea. Evaporator coils east and west EOC
• 2ea. Evaporator coils adjacent to the workout room.
Police Department
• 1ea. Air handler Alliance air product
• 1ea. Chiller
• 1ea. Boiler
• 2ea. 3-TON Fujitsu mini-split w/fan coil
• 1ea. 3-TON Carrier mini-split w/fan coil cassette type indoor unit • 1ea. Evaporator coil Briefing room
• 1ea. Evaporator coil downstairs between men's and women’s restroom • 1ea. Evaporator coil upstairs adjacent to women’s restroom • 2ea. Evaporator coil upstairs adjacent to fire department kitchen door • 1ea. Evaporator coil adjacent to evidence room (Carrier)
YARD
Main Bldg.
• 1ea. 2-TON Carrier split unit
• 1ea. 2-TON Bryant split unit
• 1ea. 2-TON Lounge split unit
Parks Bldg.
• 1ea. 5-TON Bryant split unit
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 42 Fleet
• 2ea. Swamp coolers
FIRE STATION 2
• 2ea. 3-TON package units (Carrier)
• 1ea. 1-TON wall mount unit
FIRE STATION 3
• 2ea. 4-TON split units (Carrier)
• 1ea. 1.5-TON split unit
• 1ea. Evaporative coil (for 1.5-ton unit) located Bunk gear locker room • 2ea. Evaporative coils east and west hallway main living quarters Amherst Treatment
• 1ea. 2-TON mini split
• 2ea. W.A. Benjamin Electric Cabinet
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 43 HVAC MAINTENANCE SERVICES
BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS, THAT WE, ______________________________ as principal, and _____________________________________ as surety, are held and firmly bound unto the City of La Verne in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the sum of $___________________.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS the principal has submitted the above-mentioned bid to the City of La Verne for certain construction for which bids are to be submitted via Planet Bids for:
La Verne HVAC Maintenance Services
NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of La Verne, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event a suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____________ day of ______________________________, 2023.
______________________________(seal) ______________________________(seal) ______________________________(seal) ______________________________(seal)
PRINCIPAL
______________________________(seal) ____________________________ _(seal) SURETY
______________________________(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, “Insurance Policies and Bonds”, in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by the use of the surety company’s standard printed form.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 44 BID BOND
ACKNOWLEDGMENT OF SURETY
STATE OF _____________________________)
ss County of ______________________________)
On this ______ day of ______________________, 2023, A.D. ______________________________________ personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for _______________________ County, State of ________________________ known to me to be the ____________________________________________ of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.
__________________________________________
(Notary Public, Judge or Other Officer)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 45 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE________________________________ _____________________________________________________________________ hereinafter referred to as “Contractor” as PRINCIPAL, and______________________________ as SURETY, are held and firmly bound unto the CITY OF LA VERNE, CALIFORNIA hereinafter referred to as the “City,” in the sum of
______________________________________________Dollars ($___________) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled.
LA VERNE HVAC MAINTENANCE PROGRAM
and is required by said City to give this bond in connection with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____________ day of______________________________________, 2023.
_________________________________ ______________________________
PRINCIPAL SURETY
BY: ______________________________ BY:___________________________ (SEAL) (SEAL)
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 46 LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE_______________________________ ______________________________Hereinafter referred to as “Contractor” as PRINCIPAL, AND ___________________________________ as SURETY, are held and firmly bound unto the CITY OF LA VERNE, CALIFORNIA hereinafter referred to as the “City,” in the sum of ____________________________________________DOLLARS ($___________) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City’s specification entitled
LA VERNE HVAC MAINTENANCE SERVICES
and is required by said City to give this bond in connection with the execution of said contract;
NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California.
PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____________ day of ______________________________________, 2023.
____________________________________ __________________________________
PRINCIPAL SURETY
BY: _________________________________ BY: _______________________________ (SEAL) (SEAL)
Owner: ________________________________________________________________________
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 47 RELEASE
Contractor: ____________________________________________________________________
Project: _______________________________________________________________________
In consideration of the final payment of undisputed contract amounts relating to the above-referenced project, the Contractor hereby releases the Owner from any and all claims and liability for payment on the project except for the disputed work and the amounts set forth below:
DESCRIPTION OF DISPUTED WORK DISPUTED AMOUNTS
Check if none _______________ Check if none ______________
CONTRACTOR
BY______________________________
___________________________________
Title
______________________________
Date
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 48 Exhibit A
HVAC MAINTENANCE AND REPAIR SERVICES AGREEMENT
CONTRACT 2023
CITY OF LA VERNE
PROFESSIONAL SERVICES
AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2023 (“Effective Date”) by and between the CITY OF LA VERNE, a California municipal corporation, (“City”) and a (“C ontractor”). City and Contractor may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). The contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsisten cy between the terms of this Agreement and herein Exhibit A, this Agreement shall prevail.
1.1 Term of Services: The term of this Agreement shall begin on and shall end on unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to the Contractor to complete the Services required by this Agreement shall not affect the City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance : Contractor represents and warrants that Contractor is a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel : The Contractor shall assign only competent personnel to perform the Services pursuant to the Agreement. If City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time: Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Prompt delivery of the services and materials is essenti al to this Agreement.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 49 1.5 Authorization to Perform Services: Contractor is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator
1.6 Request for Additional Services : The city will request additional services pursuant to this Agreement and the Contractor and the City shall execute a Purchase Order specifying the nature and cost of the services to be provided for that speci fic request. The contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the Purchase Order and returning it to the City within ten (10) days unless directed to reply sooner.
1.7 Covid-19 Safety and Other: If Contractor enters City property or meets in person with City employees during the performance of the Services, Contractor shall comply with all State, County, and local emergency orders, directives, protocols, and best practices to include COVID-19 pandemic and all other not foreseen emergencies including, but not limited to (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION
The City hereby agrees to pay the Contractor a sum not to exceed ($XXX, XXX) notwithstanding any contrary indications that may be contained in the Contractor’s proposal, for the Services to be performed and re imbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and herein Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from the City to the Contractor for the Services rendered pursuant to this Agreement. The contractor shall submit all invoices to the City in the manner specified herein. Except as specifically authorized in advance by the City, the Contractor shall not bill the City for duplicate services performed by more than one person.
2.1 Invoices: Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills, i.e., Progress Bill No. 1 for the first invoice, etc.
b. The beginning and ending dates of the billing period.
c. A “Task Summary” containing the original contract amount, the number of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion.
d. At the City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 50 e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described herein Exhibit A.
f. Receipts for expenses to be reimbursed.
g. The Contractor Representative’s
signature. Invoices shall be submitted to:
CITY OF LA VERNE
ACCOUNTS PAYABLE
3660 D St.
LA VERNE, CA 91750
2.2 Monthly Payment: The city shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. The City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay the Contractor.
2.3 Final Payment: The city shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to the City of a final invoice if all the Services required have been satisfactorily performed.
2.4 Total Payment: The city shall not pay any additional sum for any expense or cost whatsoever incurred by the Contractor in rendering the Services pursuant to this Agreement. City shall make no paym ent for any extra, further, or additional service pursuant to this Agreement.
In no event shall the Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Ser vices performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees: Fees for the Services performed by the Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with attachment A.
2.6 Reimbursable Expenses: Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes: The contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination : If the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
The Contractor shall maintain adequate logs and timesheets in order to verify cos ts and City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 51 reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT
Except as otherwise provided, the Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Contractor only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of the City. In no event shall the City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, the Contractor, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that the Contractor has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. The contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s compensation. The contractor shall not allow any subcontractor, Contractor, or other agents to commence work on any subcontract until the Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. The contractor acknowledges the insurance policy must cover inter -insured suits between the City and other Insureds.
4 .1 Workers’ Compensation: The contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by the Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, the Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self - insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss ar ising from the Services performed under this Agreement.
4 .2 Commercial General and Automobile Liability Insurance.
a. General requirements: Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 52 contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is u sed, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited t o, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage: Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
a. Additional requirements: Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of the Contractor to comply with reporting provisions of the policy shall not affect coverage provided to the City and its officers, employees, agents, and volunteers.
4 .2 Professional Liability Insurance:
a. General requirements: Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by the City.
b. Claims-made limitations: The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 53 the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retro active date no later than the commencement of the Services under this Agreement. The city shall have the right to exercise, at the Contractor’s sole cost and expense, any extended reporting provisions of the policy, if the Contractor cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be
submitted to the city prior to the commencement of the Services under this Agreement.
4 .3 All Policies Requirements
a. Acceptability of insurers: All insurance required by this Section is to be placed with insurers with a Best’s rating of no less than A: VII and admitted in California.
b. Verification of coverage: Prior to beginning the Services under this Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference : The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is City of La Verne, 3660 D St ., La Verne CA 91750. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
c. Notice of Reduction in or Cancellation of Coverage : Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance : City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s gener al supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agr eement. The coverage shall contain no special limitations on the scope of protection afforded to the City or its officers, employees, agents, or authorized volunteers. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self -insurance program maintained by the City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 54 coverage is primary insurance with respect to the City and its officers, officials, employees, and volunteers and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions : The Contractor shall obtain written approval from the City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, the Contractor may increase such deductibles or self-insured retentions with respect to the City, its officers, employees, agents, and volun teers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that the Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors: The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.
g. Variation: The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
4 .4 Remedies: In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION
5.1 Indemnification for Professional Liability : Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable Contractor and expert fees and expenses of City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 55 investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor , its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability : Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
5.3 Limitation of Indemnification: The provisions of Section 5 do not apply to claims to the exte nt arising as a result of the City’s sole or active negligence. The provisions of this Section 5 shall not release the City from liability arising from gross negligence or willful acts or omissions of the City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONTRACTOR
6.1 Independent Contractor : always during the term of this Agreement, t h e Contractor shall be an independent contractor and shall not be an employee of the City.
City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise, City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of the Contractor shall at all times be under the Contractor’s exclusive direction and control. The contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the City. The contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. The city shall not be liable for compensation or indemnification to Contractor for injury or sickness ar ising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS
7.1 Governing Law: The laws of the State of California shall govern this Agreement.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 56 Compliance with Applicable Laws: Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required u nder this Agreement unless such person is properly documented and legally entitled to be employed within the United States. All work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor ’s employee and subcontractors. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774.
Appropriate records demonstrating compliance with such a requirement shall be always maintained in a safe and secure location , and readily available at City’s request.
Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or relate d to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.2 Licenses and Permits : Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, always keep in effect during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION
8.1 Termination: City may cancel this Agreement at any time and without cause upon written notification to Contractor.
8.2 Termination by Contractor: Contractor may cancel this Agreement upon 30 days’ written notice to City.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 57 8.3 Consequences of Termination: In the event of termination, Contractor shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement.
8.4 Extension: The city may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
The contractor understands and agrees that, if the City grants such an extension, the City shall have no obligation to provide the Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, the City shall have no obligation to reimburse the Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments: The Parties may amend this Agreement only by writing signed by all the Parties.
8.6 Assignment and Subcontracting: City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to the city for entering into this Agreement was and is the professional reputation and competence of the Contractor. The contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. The contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Contractor’s proposal, without prior written approval of the Contract Administrator. If key personnel leave the Contractor’s employ, the Contractor shall notify the City immediately.
8.7 Survival: All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Contractor: If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement.
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by the Contractor pursuant to this Agreement.
c. Retain a different Contractor to complete the Services described herein Exhibit A; and/or
d. Charge Contractor the difference between the cost to complete the Services described herein Exhibit A that is unfinished at the time of the breach and the amount that City would have paid Contractor pursuant to Section 2 if City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 58 Contractor had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS
Records Created as Part of Contractor’s Performance: All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. The contractor hereby agrees to deliver those documents to the City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the city and are not necessarily suitable for any future or other use.
Any use of such documents for other projects by the City shall be without the liability to the Contractor. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9 .1 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, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents and Data”). The contractor shall require all subcontractors to agree in writing that the City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. The contractor represents and warrants that the Contractor has the legal right to license all Documents and Data. The contractor makes no such representation and warranty regarding Documents and Data that were prepared by design professionals other than the Contractor or provided to the 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.
9 .2 Contractor’s Books and Records: The contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9 .3 Inspection and Audit of Records : Any records or docu ments that Section
9.3 of this Agreement requires the Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 59 SECTION 10. MISCELLANEOUS PROVISIONS
Attorneys’ Fees: If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.1 Applicable Law; Venue : The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. If either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.2 Severability: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
10.3 Section Heading s and Subheading s: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 No Implied Waiver of Breach : The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns: The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Contractor Representative: All matters under this Agreement shall be handled for the Contractor by (“ Contractor’s Representative”). The Contractor’s Representative shall have full authority to represent and act on be half of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedure s and for the satisfactory coordination of all portions of the Services under this Agreement.
10.7 City Contract Administration: This Agreement shall be administered by a City employee, (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of the Cit y for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.8 Notices: Any written notice to Contractor shall be sent to:
________________
________________
________________
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 60 Any written notice to City shall be sent to:
CITY OF LA VERNE
CONTRACT ADMINISTRATOR
3660 D STREET
LA VERNE, CA 91750
with a copy to:
CITY OF LA VERNE
CITY CLERK
3660 D STREET
LA VERNE, CA 91750
10.9 Professional Seal: Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
Seal and Signature of Registered
Professional with report/design
responsibility.
10.10 Rights and Remedies : Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exe rcise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration: This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract: The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.14 Nondiscrimination: Contractor covenants that, by and for itself, its heirs, City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 61 executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, pregnancy, sexual orientation, gender identity, gender expression, national origin, or ancestry.
10.15 No Third-Party Beneficiaries: Except for the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third party shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees: No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence : Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees: No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 62 CITY OF LA VERNE CONTRACTOR
Attest:
Lupe Estrella, Assistant City Clerk ________________________________________________ Approved as to Form
Kimberly Hall Barlow, City Attorney _________________________________________________
(Note: Two Officer’s signatures required if Contractor
is a corporation, unless provided with a certificate
of Secretary in-lieu)
Exhibit B
Page. 1
Southland Mechanical Compensation
Exhibit B
Page. 2