CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 20, 2023
SUBJECT: Approval of Maintenance Services Agreement for Citywide HVAC Maintenance and Repair Services with First Response Air Conditioning & Heating, Inc.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Maintenance Services Agreement for Citywide HVAC Maintenance and Repair Services in the not-to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;
2. Approve a not-to-exceed 20% contingency per year of the total contract value in the amount of $15,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with First Response Air Conditioning & Heating Inc. for a total not-to-exceed amount of $90,000 per year, if needed; and,
3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with First Response Air Conditioning & Heating Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
The City of Laguna Niguel owns and maintains four buildings with HVAC systems, including Crown Valley Community Center, City Hall, Sea Country Senior and Community Center and the Laguna Niguel Skate and Soccer Park. To properly maintain the heating, ventilation, and air conditioning (HVAC) systems at these buildings the City requires contracted routine HVAC maintenance services and as-needed repair work.
A well-maintained HVAC system is essential to providing a healthy and comfortable environment for all building occupants and guests. Contract services play a key role in the delivery of routine maintenance and repairs as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4
(Infrastructure and Technology) of the adopted Strategic Plan, the Public Works Department relies on HVAC maintenance contractors to maintain, install, repair and replace HVAC system components.
The City's current Maintenance Services Agreement for HVAC maintenance and repair services is set to expire on June 30, 2023. Thus, the City sent out a Request for Proposal (RFP) in April 2023, shown as Attachment "A". The goal of the RFP was to identify the most qualified contractors to provide citywide HVAC maintenance and repair services to adequately cover the City's needs and respond to requests quickly and efficiently.
ANALYSIS
The RFP for Citywide HVAC Maintenance and Repair Services required Bidders to provide pricing for quarterly HVAC preventative maintenance services and as-needed repair services. The RFP included a provision requiring all Bidders incorporate into their pricing all labor, tools, materials, and equipment necessary to provide HVAC maintenance and repair services.
In response to the RFP, five qualified proposals were received. The proposals were evaluated based on the following criteria: (1) Cost Breakdown; (2) Completeness of the Proposal; (3) Experience; (4) Quality of Goods; and (5) Proposer's Financial Stability.
The Proposals Evaluation Summary can be found as Attachment "B". The table below displays the contractor, evaluation ranking, and labor rates for all received proposals.
Evaluation Hourly After-Hours
Contractor
Ranking Rate Rate
First Response Air
Conditioning & Heating Inc. 1 $92 $109.71
(Recommended)
ABM Building Solutions, LLC 2 $162 $243
Harbor Pointe Air Conditioning $118 $177
3 & Control Systems, Inc.
A&H Refrigeration, Inc. 4 $95 $142.50
Southland Industries 5 $155 $232.50
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts of an estimated expenditure of $50,000 or more must be awarded based on the responsiveness of the submitted proposals to the RFP, the qualifications and experience of the contractors, and cost. After a thorough review of the proposals received, and based on all relevant factors, staff believe First Response Air Conditioning & Heating, Inc. represents the best overall value to provide HVAC maintenance and repair services.
First Response Air Conditioning & Heating, Inc. has provided Citywide HVAC maintenance and repair services for the City for the last five years, in that time they have provided excellent customer service and have proven to be very responsive when called
upon after hours or for emergency service. Their institutional knowledge of the City's HVAC systems improves their ability to identify potential deficiencies and preemptively conduct maintenance. Staff are confident that First Response Air Conditioning & Heating, Inc. will continue to provide the City with exceptional service and great value in maintaining the City's buildings and facilities.
Staff recommends that the City Council approve the Maintenance Services Agreement with First Response Air Conditioning & Heating Inc. in the not-to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods. In addition, the Agreement will include a not-to-exceed 20% contingency per year of the total contract value in the amount of $15,000 for unforeseen conditions or extra work for a total not-to-exceed amount of $90,000 per year. The Maintenance Services Agreement with First Response Air Conditioning & Heating Inc. can be found as Attachment "C".
ALTERNATIVES CONSIDERED
1. The City Council may direct staff to reject all proposals and rebid the RFP for Citywide HVAC maintenance and repair services. Staff believes that rebidding the RFP will not result in more desirable bids.
2. The City Council may decide not to approve any contracts for Citywide HVAC Maintenance and Repair Services. This alternative is not recommended because the City's existing HVAC maintenance services agreement expires on June 30, 2023 and the City would not have a contractor to meet government environmental and preservation regulations in City-owned buildings.
FISCAL REVIEW
The Maintenance Services Agreement with First Response Air Conditioning & Heating, Inc. includes the lowest hourly rate ($92) and after hours rate ($109.71) of all received proposals. The Fiscal Year 2023-24 Public Works Department budget includes funding for the proposed HVAC maintenance and repair services with First Response Air Conditioning & Heating Inc. Subject to City Council approval, funding for HVAC naintenance and repair services at Citv-owned buildings will be budgeted in subsequent fiscal years.
LEGAL REVIEW
The City Attorney's Office has reviewed the Maintenance Service Agreement and has approved the document as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve the Maintenance Services Agreement for Citywide HVAC maintenance and repair services in the not-to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;
2. Approve a not-to-exceed 20% contingency per year of the total contract value in the amount of $15,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with First Response Air Conditioning & Heating, Inc. for a total not-to-exceed amount of $90,000 per year, if needed; and,
3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with First Response Air Conditioning & Heating, Inc. subject to the City Attorney making non-substantive changes.
SamaraS Betonneau Bala
Tamara S. Letourneau racki Scott
City Manager Public Works Director/City Engineer
Bruce Lindemann Jay Sarrami
Maintenance Services Manager Building and Facilities Maintenance Superviser
Attachments:
A. RFP for Citywide HVAC Maintenance and Repair Services B. Proposals Evaluation Summary
C. Maintenance Services Agreement with First Response Air Conditioning & Heating Inc.
ATTACHMENT A
RFP for Citywide HVAC Maintenance and Repair Services
CITy
COUN
1989
CITY OF LAGUNA NIGUEL
REQUEST FOR PROPOSALS
CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES
Proposals must be received by:
Due Date: May 18, 2023
At 5:00 P.M.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS... 4
EXHIBIT A - SCOPE OF SERVICES ... 13
INTRODUCTION
QUALIFICATION
DESCRIPTION OF SERVICE
SPECIAL PROVISIONS
PERFORMANCE STANDARDS
DEFICIENT IN PEFORMANCE
CONTRACT TERM ...
NINETY CALENDAR DAYS EXTENSION OPTION..
REDUCTION
BARRIERS
EQUIPMENT, MATERIALS AND VEHICLES.
VECHILE
VEHICLES LOGO
EQUIPMENT NOISE
WATER USAGE
DAMAGES
LABOR
LABOR CODE
PREVAILING WAGE
TRAVEL AND SUBSISTENCE PAYMENTS
WORKER'S COMPENSATION
FAIR EMPLOYEMENT PRACTICES
RECORDS
PERSONNEL
SUPERVISOR
GENERAL EMPLOYEE GUIDELINES
BACKGROUND
CONDUCT
MINIMUM MANPOWER
BACKUP STAFF
REPLACING KEY PERSONNEL
NON-DISCRIMINATION
REMOVAL OF ITEMS
TRAINING
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
RESPONSIBILITIES OF THE CONTRACTOR ..26
LICENSES/PERMITS ..26
CONTRACTOR'S OFFICE/FACILITIES ..26
INSURANCE 26
SAFETY... 26
PROTECTION AND RESTORATION ..27
UNIFORMS AND APPEARANCE... 27
WORKSITE LIMITS 27
GENERAL ENVIRONMENTAL REQUIREMENTS. 28
WATER CONSERVATION ..28
WATER POLLUTION 29
PAYMENT 29
AUTHORIZTION TO PERFORM SERVICES 30
INVOICING 30
RFP INQUIRY FORM 31
RESPONSES TO SCOPE OF SERVICES 32
PROPOSAL FORM 33
PROPOSAL FEE SHEET: LABOR. 35
SUBCONTRACTORS 37
QUESTIONNAIRE: FIRM INFORMATION 38
QUESTIONNAIRE: FIRM EXPERIENCE . 40
QUESTIONNAIRE: FIRM PERSONNEL 42
QUESTIONNAIRE: EQUIPMENT. 43
QUALITY CONTROL PLAN 44
QUESTIONNAIRE: SUPPORT FACILITIES 45
QUESTIONNAIRE: COMPANY FINANICAL CONDITION 46
PROPOSAL AFFIDAVIT 47
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS... 48
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS 49
WORKERS' COMPENSATION INSURANCE CERTIFICATE. .50
SAMPLE MAINTENANCE SERVICES AGREEMENT .... 52
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
INSTRUCTIONS TO PROPOSERS
1. Purpose. The City of Laguna Niguel ("City") is seeking proposals for Citywide HVAC Maintenance and Repair Services for the City of Laguna Niguel as described in the Exhibit A - Scope of Services.
Contract Term. The initial contract term shall be for a period of three (3) years* effective from date of award. The City reserves the right to cancel at any time if services rendered are unsatisfactory. The City also reserves the right to extend the term of this contract for two (2) additional one (1) year extensions subject to satisfactory negotiation of terms and the annual availability of an appropriation.
Such nominations of extensions will be made no later than ninety (90) days from termination date.
* Depending upon when the contract will be awarded, this may be different.
3. California Department of Industrial Relations (DIR) Requirements.
The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non-responsiveness.
Prevailing Wages. The Contractor shall pay a prevailing rate of wage for work described in the Contract's scope of work and ensure compliance with state prevailing wage law. Consistent with state law, the wages that the Contractor pays its employees must be altered annually, after the first year of the Contract period, to recognize and follow the increase in applicable prevailing wage rates promulgated by the Department of Labor and Industries.
5. Examining of Proposal Documents.
The submission of a proposal shall be deemed a representation and certification by the Contractor that they:
A. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.
B. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.
C. Represent that all information contained in the proposal is true and correct.
D. Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer regarding the amount, terms or conditions of this proposal.
E. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
inquiries, and to provide any and all related documentation in a timely manner.
F. No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition.
G. Have contemplated and included any and all increases in prices or wages as a result of, but not limited to minimum or prevailing wages, and the Consumer Price Index or any other such indices in its cost proposal, for the entire length of the Contract term as described herein. Any failure of the Contractor to incorporate such price or wage increases in its cost proposal will not obligate the City to make any increases in not-to-exceed amounts during the term of the resultant Contract.
6. Measurements - Contractor's (Proposer's) Responsibility. It is the Contractor's responsibilities to verify all measurements, materials or any other information pertaining to this RFP service. Furthermore, it is the proposer's responsibilities to bring any discrepancies in the information provided by the City in the RFP to the City's attention prior to the proposal's deadline.
7. Availability of the RFP Document. The RFP document is available on City's electronic procurement system (PlanetBids). The City is not responsible for the accuracy or completeness of RFP documents obtained from any source other than the City's electronic procurement system (PlanetBids).
8. RFP Schedule. The City reserves the right to modify this RFP Schedule as needed and will issue an addendum, if the Schedule is modified for the deadline to submit the Response. The following is an outline of the anticipated schedule for proposal review and contract award:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
Milestone Tentative Target Dates
City Release of RFP 04/11/2023
Pre-Bid Meeting & Job Walk 04/20/2023 at 10.00am at
City Hall
City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 96277
*meet at the flagpoles
Crown Valley Community Center
29751 Crown Valley Parkway
Laguna Niguel, CA 96277
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 96277
Laguna Niguel Skate Park
27745 Alicia Parkway
Laguna Niguel, CA 96277
Final Questions Due No Later than 2:00 P.M.
*Must use Attachment X - RFP Inquiry Form 05/04/2023
Addendum Issuance 5:00 P.M.
05/11/2023
Proposal Due
Citywide HVAC Maintenance and Repair Services, 5:00 P.M.
Proposals shall be submitted through the PlanetBids. 05/18/2023 (City's electronic procurement system)
Notification of Selection 05/25/2023
Tentative Contract Approval by City Council 06/20/2023
RFP Questions and Inquires. Questions and Inquires must be presented on the RFP Inquiry Form on PlanetBids and are due as noted in the table above.
10. Addenda. Any City of Laguna Niguel changes to the requirements will be made by written addendum to this RFP.
A. The City of Laguna Niguel will not be bound to any modifications or deviations from the requirements set forth in this REP as the result of oral instructions.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
B. The City will not distribute Addenda. Any addendum pertaining to this RFP will be posted on the PlanetBids and the City's posting of Addenda on this webpage is deemed as the City's distribution of Addenda.
C. Contractors shall acknowledge the number of addenda issued on the Proposal Form. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non-responsive.
11. Mandatory Job Walk.
The City shall conduct a Site Visit. The date and location of the site visit is listed in above in the RFP Schedule.
The intent of the site visit is to:
A. Review the Project Location. This may be the only opportunity for the proposers to visit the project location. Each proposer should limit representation at the site visit to no more than two (2) persons.
B. The Contractor Representative shall sign-in and sign-out on the Mandatory Sign-in Sheet. A Proposal submitted by a Contractor whose representatives) did not attend the entirety of the Mandatory Job Walk will be rejected by the City as being non-responsive
C. Reserve all questions to be submitted on the RFP Inquiry Form.
12. Submittal of Proposals.
Bids shall be submitted through the City's electronic procurement system (PlanetBids). Any Bid which is attempted to be delivered or which is received after the stated time shall be deemed non-responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as nonresponsive.
All proposals must be submitted on the City forms. The proposals must be submitted by the time and date as noted on the cover page.
A. Late Proposals will not be accepted. It is the Contractor's responsibility to see that the proposal is received at the proper time.
B. No FAX submittals will be accepted.
C. See the Responses to Scope of Services for the checklist and organization of the proposal submittals.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
13. Review and Selection Process. The best value bid will be determined by the City from a thorough evaluation of all factors. At the City's discretion, companies submitting proposals may be asked to interview with City Staff to clarify work plans and to ensure the contractor has a complete understanding of City expectations.
EVALUATION CRITERIA POINTS
Cost to the City.
This portion of the proposal will be evaluated based on reasonableness of the proposed costs. Costs will be evaluated on costs the City or othe 35 omparable public agencies have paid for similar services, and ir accordance with what is to be considered with the industry's standard and customary costs for the Services.
Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP. 10
• Submit in an organized fashion as required under Response to the Scope of Service.
Qualifications & Experience
• Firm Experience & Performance*
• Firm Personnel 25
• References
Quality of Goods and Support Facilities
Equipment 20
• Support Facilities
Proposer's financial stability. 10
In order to allow staff to accurately and fairly evaluate the proposal, the attached questionnaire must be completed and returned with the proposal package.
Failure to submit this questionnaire in its entirety will disqualify your proposal.
Contractors failing to provide adequate information on any issue in a timely manner necessary to allow a comprehensive evaluation by the City will be considered unresponsive and their proposals may be subject to rejection at the City's sole discretion
Please be assured that your response will be confidential and will not be shared with other contractors. For additional assurance the Contractor may stamp all Questionnaire pages "Confidential".
*The Contractor's performance with the City on either the current or previous contract service will be considered as part of the evaluation process. Please note, the history of performance deficiency will lower the ranking score for the Contractor.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
14. Local Business. The City has adopted a local preference program for businesses located within the City of Laguna Niguel limits. The business must have fixed offices within the City's boundaries and must include a copy of a Business License that supports the local preference status. Five (5%) Percent of the Contractor's total ranking score will be added to the Contractors ranking score, if the local preference status is met.
15. City's Right to Negotiate. The City reserves the right to negotiate with the top- ranked Contractor on any aspect of the services and products (if applicable) at its sole discretion. In the event that information or pricing submitted by the Contractor is unclear to the City, the City may request additional information and/or pricing breakdowns from that Contractor. The Contractor must answer, in writing, such requests for additional information and/or clarification; these responses will become part of the vendor's proposal.
If the negotiation is unsuccessful with the top-ranked Contractor, the City may then go down the line of Contractors according to rank and negotiate with the next highest-ranking Contractor. Lower-ranking Bidders do not have a right to participate in negotiations conducted in such a manner.
16. Method of Award. The City reserves the right to reject any or all offers, to waive any discrepancy or technicality and to split or make the award in any manner determined by the City to be most advantageous to the City. The City recognizes that costs are only one of several criteria to be used in judging an offer and the City is not legally bound to accept the lowest offer.
If a proposal is accepted, the City will enter into a contractual agreement with the selected Contractor. If an agreement cannot be reached, negotiations with the second ranking Contractor shall commence.
17. Notification of Award. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by written Notice of Award from the City's Public Works Department to the successful Contractor.
Contractors who submit a proposal in response to this RFP shall be notified by email regarding the firm who was awarded the contract.
18. Contract Requirement. The Contractor to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal.
The contract shall be made in the form adopted by the City and incorporated in City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
these specifications.
19. Rights of the City of Laguna Niguel. The City reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the proposals, request additional information or revisions to the proposals, and to negotiate with any or all Contractors.
A. The City of Laguna Niguel reserves the right to withdraw this RFP at any time without prior notice and the City of Laguna Niguel makes no representations that any contract will be awarded to any Contractor responding to this RFP.
B. The City of Laguna Niguel reserves the right to postpone the proposal opening for its own convenience.
The City of Laguna Niguel reserves the right to issue a new RFP for the work.
D. Proposals received by the City of Laguna Niguel are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.), unless exempt and will be made available upon request after award.
E. Proposals submitted are not to be copyrighted.
F. The City of Laguna Niguel reserves the right to require confirmation of information furnished by any Contractor and/or request any Contractor to provide additional evidence of qualifications to successfully perform the work.
G. The City of Laguna Niguel reserves the right to hold discussions and/or negotiations with any individual or qualified firm, to interview or not, to request additional information or revised proposals or to request best and final offers (BAFO) if it is in the best interest of the City to do so. However, the City may make an award without conducting any interviews or negotiations; therefore, Contractors are encouraged to submit their best proposal at the outset.
20. Withdrawal of Proposals. Contractor may withdraw their proposal any time before the date and time when proposals are due, without prejudice, by submitting a written request for withdrawal to the City Public Works Director. Verbal withdrawal requests or withdrawal requests by telephone will not be accepted by the City.
21. Criminal Background Check. The contractor is required to provide security checks for all personnel assigned to work under this contract. The Contractor will City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
be responsible for the costs associated with this process. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check.
22. Submittal References. Each Contractor shall submit a list of references on the form provided in the RFP package.
23. Disqualification. Factors such, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:
A. Evidence of collusion, directly or indirectly, among Contractor regarding to the amount, terms or conditions of this proposal.
B. Any attempt to improperly influence any member of evaluation team.
C. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer, and the City.
D. Evidence of incorrect information submitted as part of the Proposal.
E. Evidence of Contractor's inability to successfully complete the responsibilities and obligation of the proposal.
F. Proposer's default under any previous agreement with the City, which results in termination of the Agreement.
24. City Request for Additional Information. The City reserves the right to request additional information to clarify the proposals.
25. Insurance Requirement. It is required that every Contractor/Firm/endor working for the City shall meet the minimum insurance requirements. The purpose of this submittal is to generally assess the adequacy of the Contractor's insurance coverage during proposal evaluation. Endorsements are not required until contract award.
A. The Contractors are required to complete the Insurance Acknowledgement form as part of the Proposal submittal.
B. Worker's Compensation Form
C. Sample of the Insurance Certificate is provided for reference.
26. Pre-Contractual Expenses. The City of Laguna Niguel shall not, in any event, be liable for any pre-contractual expense incurred by the Contractor in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by the Contractor in:
A. Preparing its proposal in response to this RFP
Submitting its proposal to the City of Laguna Niguel
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
C. Any other expenses incurred by Contractor prior to date of award
27. Joint Offers. Where two or more Contractors desire to submit a single proposal in response to this RFP, they shall do so on a prime-sub-Contractor basis rather than as a joint venture. The City of Laguna Niguel intends to contract with a single firm and not with multiple firms doing business as a joint venture.
28. Non-Conforming Proposal. A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.
29. Public Records. Proposers are hereby informed that all submitted proposals shall become the property of the City upon receipt. Submitted proposals shall be subject to disclosure pursuant to the California Public Records Act. Therefore, confidentiality notices included in proposals such as notices stating that a proposal is confidential and may not disclosed, or that the proposal contains trade secrets or confidential, proprietary information, shall have no force or effect and shall be disregarded. However, following submission of proposals, no submitted proposal shall be publicly disclosed until: (i) a recommendation to award a contract to a specific proposer is made to the City Council; (i) all proposals are rejected; or (iii) the procurement process is terminated.
END OF INSTRUCTIONS TO PROPOSERS
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
EXHIBIT A - SCOPE OF SERVICES
INTRODUCTION
The City of Laguna Niguel ("City") is requesting proposals of (an) exceptionally well- qualitied Contractors to provide VAG maintenance and repair services at municipal facilities throughout the City. The work will include the provision of a maintenance and management program, including but not limited to the inspection, preventive maintenance, repair, provision of materials and supplies and other tasks and services necessary to ensure safe, well maintained municipal facilities for City employees and the public. Services will encompass a variety of City projects, for multiple City divisions in many different environments.
QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
Minimum of ten (10) full years of experiences similar work Work experience with Cities, Counties, local government agencies • Contract services amount greater than $50,000 annually
SERVICES TO BE PROVIDED
City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 92677
Laguna Niguel Skate Park
27745 Alicia Parkway
Laguna Niguel, CA 96277
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
DESCRIPTION OF SERVICE
The maintenance and all repairs shall be provided in accordance with the highest standards of professionalism, skill, workmanship, applicable trade practices, and meet warranties.
Throughout this contract, the City will have projects that are scheduled and pre-arranged, but they may also have occasional, unanticipated request needing immediate attention.
The awarded Contractor shall comply with all the applicable provisions of the Local, State, and Federal laws including required Professional Certifications. Work will be requested on a task basis by a City Department Representative to one of the selected Contractors at the time work is required.
SPECIAL PROVISIONS
1. INVENTORY:
• Please see Exhibit "A" for a Citywide inventory list of HVAC unit locations at City Hall, Crown Valley Community Park, Sea Country Senior and Community Center (SCSCC) and Skate and Soccer Park.
• Please see Exhibit "B" to view a map of all HVAC unit locations at City Hall. • Please see Exhibit "C" to view a map of all HVAC unit locations at Crown Valley Community Center.
• Please see Exhibit "D" to view a map of all HVAC unit locations at SCSCC.
2. SCOPE OF WORK:
Work Requirements
A. Work will be performed between the hours of 7:00 AM and 4:00 PM, Monday through Friday. During emergencies, work may be required at other than norma business hours. The Contractor must receive the approval of the Director of Public Works, or authorized representative, prior to commencing any work in all cases.
B. The contractor shall maintain an adequate crew of employees to perform the service required.
C. The contractor will be required to supply a list of equipment owned and available for work.
D. Unit prices quoted shall include all required safety equipment owned and available for work.
City of Laguna Niguel - Public Works Department
Citvwide HVAC Maintenance and Repair Services
E. Unit prices for after hours or emergency work shall be for actual time spent on the job site. No travel time will be paid.
F. The contractor shall protect any and all private property adjacent to work areas.
Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor.
G. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company.
H. The contractor must be able to provide a list of employees' names, dates worked and hour worked on each date, for each project or job, if requested.
1. The contractor agrees to require his/her employee to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and department towards the public. Should, for any reason, an employee be unsatisfactory in the opinion of the Director or authorized representative, the Contractor, when notified in writing, shall cause the employee to be removed from the project or job and replaced by an employee satisfactory to the Director or authorized representative.
J. The contractor shall provide, for all projects, a supervisor/foreman with a minimum of five (5) years of experience related to the HVAC industry. The supervisor/foreman shall remain on-site during the entire job.
K. The contractor shall possess a valid/current Contractor's license. The contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City.
L. The contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP/contract. All vehicles and equipment shall display the name and/or logo of Contractor's company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work.
M. The contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition.
N. The contractor is required to supply storage for equipment and materials that are used in the City. Equipment and material shall not be stored in the public right of way or any other City property without written authorization from the Director or authorized representative.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
O. The contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees performing the work under the contract. As may be necessary or required by the City, the field supervisor or their representative shall check with the Director or authorized representative as to (1) schedule of work; (2) complaints; and (3) adequacy of performance. The contractor shall submit such reports as the City may require, ensuring compliance with schedule work.
P. The contactor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least (2) qualified persons who can be called for emergency condition at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the primary number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition or job related complaint which threatens to cause damage to any City property or compromise the public's safety.
Q. The contractor is required to provide the city with a 24-hour emergency number for contract outside normal working hours. The response to an emergency call-out by the contractor shall not be more than (2) hours.
R. The contractor shall provide the City with one (1) copy of an Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event to injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor /lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility.
S. The contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Contractor's work related operations.
T. The contractor must remain within the maintenance areas to the best of their ability. The contractor shall further protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas.
After completion of work, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense.
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U. The contractor shall, where applicable, comply with all City regulations regarding National Pollutant Discharge Elimination System (NPDES) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP's as may be necessary.
V. The contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contracting the responsible agency at least 24 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours' notice. Such request should be requested through USA @ 811 or 800-227- 2600.
Quarterly Preventative Maintenance Services
A. Pre-Winter Start-up of all HVAC systems/units (e.g. boilers, furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter servicing in September.
B. Pre-Summer start-up of all HVAC systems/units (e.g. A/C and heat pumps) and shall be done to coincide with the quarterly tune-up and belt/filter servicing in March.
C. Quarterly tune-up and belt/filter/servicing of all HVAC systems/units shall be done in December, March, June and September. Quarterly tune up shall include the inspection and cleaning of any condensation drains, brushing of coils, oiling of motors as needed, checking refrigerant volume and pressures, checking performance of heating and cooling cycles, checking electrical connections, and taking voltage/amperage readings. Belt/filter servicing shall include replacement of defective belts and obstructed filters with new belts and with the maximum possible particulate matter capturing air filters.
D. Bi-annual washing of all HVAC systems/units (e.g. coils, etc.) shall be done during the scheduled March and September quarterly tune up and belt/filter/servicing.
Only non-toxic environmentally safe and HVAC manufacturer approved solvents or solutions shall be used for washing. NOTE: Depending on location and volume and at the Director's or authorized representative's request, wash fluids may need to be captured such that fluid(s) do not enter a storm drain, cause erosion or present a hindrance to the public or others. Regardless, all fluids shall be cleaned up and site restored to better the existing condition.
E. With regards to regularly scheduled work, the Contractor shall continuously City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
monitor the overall performance of all systems/units/ equipment and provide the Director or authorized representative with written recommendations for any enhancements or recommended changes.
F. As-Needed Maintenance and Repair Work.
G. For work other than regularly scheduled maintenance and repair services, the Director or authorized representative will place all request directly to the ›ontractor, by written work order or electronic email. The Director or authorize representative reserves the right to request from the Contractor a written cos estimate before authorizing the work. The Contractor shall respond with a cost estimate within 24 hours, excluding weekends and holidays.
City of Laguna Niguel - Public Works Department
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PERFORMANCE STANDARDS
Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statues Unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the plumbing industry. It is intended that the Contractor will schedule its operations to meet or exceed these requirements. It is further intended that the Contractor will put forth a level of effort to provide quality maintenance and repair services for all plumbing services.
Contractor shall comply with all City regulations regarding National Pollutant Discharge Elimination System (NPDES) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP's as may be necessary.
DEFICIENT IN PEFORMANCE
It is intended that the contractor will schedule his/her operations to meet or exceed performance standards requirements in the areas as assigned. The Facilities Maintenance Superintendent shall notify the contractor by telephone or email of performance issues.
The deficiency activities shall be documented in the Deficiency Report and the contractor is required to comply to make corrections at no cost to the City.
The city reserves the right to deduct from the payments due or to become due to the contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the city inspection record for the facility, with associated deduction calculation will be furnished to the contractor prior to a deduction being made. All work determined by the Facilities Maintenance Superintendent to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City of Laguna Niguel.
If deficiencies are not remedied within 24 hours of the time city notified contractor of such failure, contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $500 per working day.
CONTRACT TERM
INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years* from the date of award, subject to renewal by two (2) additional one-year periods. Based upon recommendation by the city that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Manager for contract extension. The total term of the contract shall not exceed five (5) years. * Depending upon when the contract will be awarded, this may be different.
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COST ADJUSTMENT
The Contractor may apply for a cost adjustment after the three-year term. 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.
Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not seasonally adjusted, , "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.
Department of Labor's website at www.bls.gov.)
The Contractor will be notified of the City's intention to extend the contract at least 30 calendar days prior to the expiration date of the contract.
NINETY CALENDAR DAYS EXTENSION OPTION
Notwithstanding the foregoing, The City reserves the right in its sole discretion to extend the service agreement for a maximum of three (3) calendar months (ninety calendar days) beyond last (fifth year) term.
SUSPENSION
For reasons to include but not limited to renovation/refurbishment or extreme damage, it may not be possible to continue work on areas originally included in the contract work. In these cases, the work in these areas may be suspended until such time as the area is again in such condition that janitorial maintenance operations may be resumed. Costs to be deducted from normal payments will be computed in the same manner as additions.
REDUCTION
This contract may be reduced in scope and quantity by the City without liability for damages; when funding reductions are enacted by law, or action of the public, Federal or State authorities. At such time that a reduction occurs, the scope of work and areas under contract will be revised and reduced commensurate with the funding. Adjustment of the contract specifications and corresponding contract prices will be negotiated in accordance with available funding.
CHANGES TO CONTRACT
Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible to have the actual change order to the Contractor on the effective date.
In lieu of the actual change order, the Request for Proposal with the contract unit prices City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
and the effective date, signed by the Director, may be substituted. This shall apply only to those cases where the unit prices are established in the contract or where the Contractor has submitted an acceptable quotation to the City.
CHANGES IN CONTRACT SPECIFICATIONS
• Changes in contract specifications with no corresponding changes in compensation.
Changes in this category shall be changes for clarity or of a minor nature with no impact on contract costs. In all cases these changes must be accepted by the Contractor and the City. Changes in contract specifications with a corresponding change in compensation.
Changes in this category shall be changes where a change in the Scope of Work is necessary. Changes in this category would include, but not be limited to, additions, deletions, new work, and special requirements for a particular area of work. In all cases, these changes must be mutually acceptable to both the Contractor and the City.
Implementing these changes:
A. The proposed change shall be prepared by the City, with assistance by the Contractor, if appropriate.
B. The City shall submit the change to the Contractor in the form of a Request for Proposal.
C. The Contractor shall review the request and prepare a proposal, which shall be returned to the City.
D. If the proposal is acceptable to the City, the change will be implemented.
E. If the quotation is unacceptable, the City and the Contractor shall attempt to negotiate a solution which will be implemented.
F. If no solution is reached, the City may either drop the request or seek other means of accomplishment
BARRIERS
The Contractor shall provide all labor, materials and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, the Contractor shall promptly remove all signs and warning devices.
When performing work under this agreement, should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City may direct attention to the existence of a hazard. The necessary warning and protective devices/equipment ensures shall be furnished and installed by the Contractor, at the Contractor's expense
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EQUIPMENT, MATERIALS AND VEHICLES
Vehicles shall be in conformance with the latest South Coast Air Quality Management District requirements for low emission/alternative fuel use. Upon approval of any new regulations, the Contractor shall be prepared to meet the requirements of the new rule.
All vehicles utilized by employees in the performance of the work shall be owned, registered and insured by the Contractor. Employees of the Contractor shall not drive personal vehicles to any sites to perform work under the contract.
VEHICLES LOGO
Contractor shall display the name of his/her firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from fifty (50) feet along with office telephone number.
EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.
WATER USAGE
The discharge of non-stormwater into storm drain inlets, catch basins, or into the curb- and-gutter leading to the storm drain system is strictly prohibited per Stormwater and Runoff Pollution Control Regulations, and under the Federal Clean Water Act.
DAMAGES
The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions.
Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
SPILLS MATERIAL OR EQUIPMENT SPILLS
The Contractor shall be responsible to pick up any spillage of cleaning solvents/ primer/paint, and residual debris produced during operations.
The Contractor shall immediately stop in the event of spillage and the area cleaned within two hours. If it is determined by the Facilities Maintenance Superintendent that the Contractor has failed to execute a proper cleanup, any/all costs incurred by City to do so will be deducted from the following invoice to be paid to the Contractor.
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LABOR
LABOR CODE
The contractor shall comply with all applicable requirements of the California Labor Code hereto in the Maintenance Services Agreement.
PREVAILING WAGE
The Contractor shall hire and maintain for the duration of the contract, a workforce as required under the specifications and pay at a prevailing wage for the work.
Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($25) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.
TRAVEL AND SUBSISTENCE PAYMENTS
The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. (If applicable)
WORKER'S COMPENSATION
In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861.
FAIR EMPLOYEMENT PRACTICES
In connection with performance of the work under this contract, the Contractor agrees as follows:
The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin or age. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and training.
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The Contractor will permit access to its records by the Fair Employment Practices Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance.
RECORDS
Contractor shall maintain an accurate record showing name, employee number, classification, actual hours worked, and actual wages and benefits paid per diem to each employee. These records shall reflect all workmen engaged in the performance of the work in accordance with the provisions of Section 1776, 1812, and 1852 of the Labor Code.
Said records shall be available upon request of the City and shall be retained for a minimum of three years by the Contractor.
PERSONNEL
SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works monthly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.
GENERAL EMPLOYEE GUIDELINES
No workman shall be employed on any work under these specifications who is found to be incompetent, disorderly, troublesome, intemperate or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the Building and Facilities Maintenance Superintendent, shall be discharged immediately and not re-employed on the work.
BACKGROUND
All personnel engaged in performance of this work shall be employees of the Contractor, and as such shall be warranted to possess enough experience and reliability to perform this work.
CONDUCT
No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any persor found to be obiectionable shall be discharged immediately and not reemployed on this work.
City of Laguna Niguel - Public Works Department
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HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building(s). Neither shall the Contractor allow the use of alcohol or drugs on the premises or the building.
MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($200.00) per person, per day.
BACKUP STAFF
The Contractor shall provide enough backup staff to cover absenteeism or extend existing work force hours to compensate for absent staff. The backup staff shall adhere to the same background and security screenings as regular staff. The City reserves the right to request additional backup staff as deemed necessary.
REPLACING KEY PERSONNEL
It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract.
The Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.
If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. The contractor shall be responsible for, but not limited to, the following:
A. Adherence to schedules
B. Maintenance or replacement of cleaning equipment
C. Notifying City of any personnel changes
D. Training of new personnel
NON-DISCRIMINATION
The Contractor shall not engage in discrimination in employment of persons because of race, color, national origin, ancestry, sex, or religion of such persons. Violation of this provision may result in the imposition of penalties under the Labor Code Section 1735.
REMOVAL OF ITEMS
The Contractor's employees shall not remove any items from the job sites except that which has been specifically authorized by the City of Laguna Niguel in writing.
City of Laguna Niguel - Public Works Department
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TRAINING
Contractor shall have an on-going training program for its entire staff. Contractor shall provide only personnel that have been fully trained for performance of this work.
RESPONSIBILITIES OF THE CONTRACTOR
LICENSES/PERMITS
Priced Proposals will be considered only from licensed, "C-20" HVAC Contractors who have been in the commercial building business for at least five (5) years, bondable for $1,000,000.00 or more, financially responsible and have experience personnel able to perform the required service.
CONTRACTOR'S OFFICE/FACILITIES
The Contractor's office or base of operations may be located within Orange County. The Contractor shall maintain a telephonic communications system such as:
• Twenty-four-hour emergency notification to Contractor by the City is possible • All calls are returned within one (1) hour
• All calls are toll free from Laguna Niguel
INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until he has secured all insurance required by this section nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.
SAFETY
The Contractor shall accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including, but not limited to, full compliance with the intents and terms of the applicable OSHA and Cal/OSHA safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, members of the public or others from foreseeable injury, or damage to their property.
The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public to include disruption of the noise levels within the area.
The Contractor shall provide and pay for all barricades, lights, signs and other warning devices necessary to comply with all applicable State and County requirements for City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
maintaining public safety. Placement of all warning devices shall be in accordance with the Traffic Manual published by the Department of Transportation, Business and Transportation Agency, and State of California.
All incidents out of the norm, including but not limited to, crimes, thefts, vandalism, hazards, etc., shall be reported immediately by phone to the Building and Facilities Maintenance Superintendent and followed by confirmation in writing.
PROTECTION AND RESTORATION
The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to the original in all aspects.
UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing company name while pertorming work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein. Failure to comply shall result in a deduction of One Hundred Dollars ($200.00) per occurrence per day.
WORKSITE LIMITS
All operations shall be restricted to the City right-of-way, City leased property with City access and egress agreements. The Contractor shall not enter upon any adjacent property for the purpose of conducting any operations required under this contract unless the Contractor has obtained written permission from the affected property owner.
PROSECUTION OF THE WORK
SUBCONTRACTS
The use of subcontracts shall be in accordance with Section 4100 through 4113 of the Government Code. The Contractor shall be responsible for all work performed under this contract and shall keep all work under its direct control. Any and all subcontractors used on this work shall be under the direct supervision of the Contractor and shall be considered as employees. Like employees any subcontractor who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable or who fails or refuses to perform the work properly and acceptably shall be discharged immediately and not reemployed on the work. No payment or claim for payment from any subcontractor will be made or recognized by the City except as provided in Assignment. The City will not arbitrate nor be a party to any disputes between the Contractor and any subcontractors.
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ASSIGNMENT
No contract or portion thereof may be assigned without prior written consent of the City Consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under the contract, nor will the City consent to any assignment or delegation of a part of the work under contract. The Contractor may assign monies due or to become due under the contract, and such assignment will be recognized by the City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the City and to all deductions provided for in the contract. All money withheld whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.
GENERAL ENVIRONMENTAL REQUIREMENTS
SOUND CONTROL
The Contractor shall comply with all State, County and local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract and shall make every effort to control any undue noise resulting from the operation.
Each internal combustion engine used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated in performance of the work without said muffler.
The noise level from the Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturdays, or at any time on Sunday or a City holiday, shall be in accordance with the Laguna Niguel Municipal Code Provisions on "Noise Control". The noise level from the Contractor's operation during the above specified times shall not exceed 86 DBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, mowers, or tractors that may or may not be owned by the Contractor.
AIR POLLUTION
In accordance with the provisions of Sections 11017 and 14381 of the Government Code, the Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.
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WATER CONSERVATION
Whenever possible, the use of water shall be minimized, particularly during cleanup operations. All irrigation and water supply systems shall be kept in good working condition and leaks shall be repaired promptly. Nothing in this section shall relieve the Contractor from adequately maintaining this area in accordance with these specifications.
WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, ordinances and statutes and shall implement all appropriate Best Management Practices during the course of work. Discharges of sediment or pollutants to surface or groundwater are prohibited and Contractor will be held fully responsible for any penalties enforced under Federal Clean Water Act provisions.
Copies of the above documents are available from the Public Works Director/City Engineer and the Public Works Administrator.
INCIDENTAL WORK
AUTHORIZATION
Any incidental work related to tree trimming service may be required by the City to remedy vandalism, accidents, Acts of God, theft, or civil disturbances within the areas covered by the contract.
No work shall commence without the written authorization of the Inspector or the Park Superintendent.
When a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case a verbal estimate and authorization may be used. Within twenty-four (24) hours after verbal authorization, the written estimate with approval shall be prepared.
After the approval of work and estimate, the Contractor shall one of the followings:
• Commence and complete the work in accordance with eight (8) hours on major components and sixteen (16) hours on minor components;
• Commence work within twenty-four (24) hours and proceed diligently to completion; • Commence work on the specific date established and complete within the time allotted.
• The Contractor is not entitled to any extra work. The Inspector may bring in other forces to complete repair/replacement as needed.
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PAYMENT
Alone end of each month, the Contractor shall submit an invoice which shall summarize all completed work during that job/month.
AS NEEDED SERVICES
Fees for work performed by the Contractor on an hourly basis for additional work as on- call for as needed services shall not exceed the amounts shown on the Proposal Fee Sheet - Labor.
AUTHORIZTION TO PERFORM SERVICES
The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the City Representative.
INVOICING
The Contractor shall EMAIL the invoice which shall summarize all completed work on standard Company letterhead forms. Payment will be made subject to approval by Jay Sarrami and email [email protected] The invoice shall include the following:
A. Invoice number
B. Facility name, month of services, and any additional work C. Purchase Order number
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REP INQUIRY FORM
(Must use this form to submit your questions)
Date:
From: (Name)
Company:
Email: Contact No:
In Response to RFP Citywide HVAC maintenance and repair services All questions shall be submitted through PlanetBids.
Deadline: 2:00 P.M., May 04, 2023
Question:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
RESPONSES TO SCOPE OF SERVICES
Proposers shall complete all forms and questionnaires as provided in this RFP. Failure to submit the required documents in the order provided below may render the proposal unacceptable and may not be considered for evaluation.
Proposal Package shall be bound in the following order:
1. Contents:
A. Proposal Form
Proposal Fee Sheet: Labor
C. Subcontractors Form
D. Questionnaire: Firm Information
• Attach the Organization Chart
E. Questionnaire: Firm Experience
F. Questionnaire: Firm Personnel
G. Questionnaire: Equipment
Submit a Quality Control Plan
1. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
Proposal Affidavit
L. Past Contract Disqualification/Termination
M. Statement of Ability to Meet Insurance Requirement
• Attach the Insurance Certificate
N. Worker's Compensation Insurance Certificate
2. Contractor's Proof and Other Information
A. Company W-9
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
PROPOSAL FORM
RFP: Citywide HVAC Maintenance and Repair Services
TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:
Authorized Representative:
Title:
Email Address:
Address:
City, State, and Zip Code:
Telephone:
1. Addenda Acknowledgement. The Contractor confirms all items or other matters contained in RFP Addenda issued by or on behalf of the City (list all addendum on the blank line below) has been incorporated with its Proposal. Contractor must acknowledge each Addendum by the number with its initials or their Proposal shall be deemed non-responsive.
Acknowledge and acceptance of the following addenda is hereby:
Addenda No. 1
Addenda No. 2 Initials:
Addenda No. 3 initials:
2. By submitting this Response, the Contractor warrants and represents to the City the following:
A. The project information provided, or made available, by the City is adequate, feasible and complete for providing the services.
B. This Proposal is binding for 90 days from the response submittal deadline.
C. Signature of the official authorized to bind to the terms of the proposal and agrees to perform the work as set for the specifications and this proposal.
D. Signed statement attesting that all information submitted with the proposal is true and correct.
E. Its Proposal is to provide all of the maintenance services required for all the facilities listed in the Request for Proposal.
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F. The information provided regarding the facilities is a general understanding of the facilities and the Contractor is obligated to review each of the facilities before submitting a proposal.
The price submitted includes all appurtenant expenses, taxes, royalties and fees.
If Contractor is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents; if Contractor is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Contractor is an individual, his signature shall be placed above.
REPRESENTATIVE, the duly authorized officer shall sign as follows:
Corporation Name
Name Authorized Representative Title
Signature Date
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
PROPOSAL FEE SHEET: LABOR
RFP: Citywide HVAC Maintenance and Repair Services
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:
Authorized Representative:
Title:
Email Address:
Address:
City, State, and Zip Code:
Telephone:
This bid shall consist of two separate components:
• Quarterly HVAC Preventative Maintenance Services, which is described in this RFP, will be bid at an annual total amount. Year 1 is from 07/01/2023 to 06/30/2024.
Year 2 is from 07/01/2024 to 06/30/2025. Year 3 is from 07/01/2025 to 06/30/2026.
Year 4 is from 07/01/2026 to 06/30/2027. Year 5 is from 07/01/2027 to 06/30/2028.
Facility Year 1 Year 2 Year 3 Year 4* Year 5*
City Hall
Sea Country Senior
Community Center
Crown Valley
Community Center
Skateboard and
Soccer Park
TOTAL
*The City reserves the right to extend the term of this contract for two (2) additional one (1) year extensions subject to satisfactary negotiation of terms and the annual availability of an appropriation.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
• As-needed HVAC Maintenance and Repair Services
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.
Supervisory: is the cost per hour for one supervisory or journeyman/master personnel including all associated cost.
Markup on Materials: is the percent added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental.
Supervision Ratio: What is the time ratio of supervision to labor staff personnel needed on any given project under this contract, assume 100% of total staff time. Example:
S=20% L= 80%
Service Type Performance Response Minimum Fixed Hourly
Period Time Charge Per Visit Rate
Standard Regular Hours 2-4 Hours,
Service M-F, 8a.m.-5p.m. excluding
weekends and
holidays
Standard after After Regular Hours, 2-4 Hours,
Hour Service Weekends and including
holidays weekends and
holidays
Emergency Regular Hours 1-2 Hours
Service M-F. 8a.m.-5p.m.
Emergency after After Regular Hours, 1-2 Hours
Hour Service Weekends and
holidays
Markup on Material Cost --%
Supervision Ratio S= -
Please note: Budget cuts and monetary adjustments by Federal government, State, County or City may seriously affect the level of service for this contract. Contractor therefore agrees to adjust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.
By: Date:
Signature of Representative
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
SUBCONTRACTORS
Identify Subcontractors by company name, address, contact person, telephone number and portion of work. The list should include a summary of the roles and responsibilities of each Subcontractor.
Subcontracting: No portion of the work covered by these specifications can be subcontracted or assigned without prior approval of the City. Requests to subcontract all or any portion of services required by this contract will be submitted to the Public Works Director, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services shall have successfully passed a background check prior to commencing work. Contractor shall bear the expense of any subcontractor background checks.
Subcontractor Company Name:
Address: City:
State: Zip Code: License No.:
Authorized Representative: Contact No.:
Email Address: DIR No.
Designated staff to perform the following function:
Subcontractor Company Name:
Address: City:
State: Zip Code: License No.:
Authorized Representative: Contact No.:
Email Address: DIR No.
Designated staff to perform the following function:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUESTIONNAIRE: FIRM INFORMATION
1. Legal Name and Address
Name:
Address:
City: State: Zip Code:
2. Please provide the name and contact information who is authorized to submit this Proposal.
Name:
Title:
Contact No.:
Email:
3. Please check the type of entity pertain to your firm:
• Corporation • Partnership • Sole Proprietorship • Joint Venture • Other (please specify):
4. If a corporation, state the following:
Date of Incorporation: State in which Incorporated:
5. Is the firm authorized to do business in California? • Yes • No If yes, on what basis? • CA Corp • CA Business License • Other:
6. Name and Title of Principal Officers
Name Title of Principal Officers
7. The business was founded in: (Month, date, Year)
8. The length of time in business: _ years
9. Provide the total number of employees:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
10. Any former address or parent company? • Yes • No
Provide the locations of other offices, if applicable.
Location:
Location:
Location:
Provide the parent company, if applicable.
Company:
Location:
11. Provide evidence, in the form of copies of licenses and certificates, that the firm meets minimum requirements.
PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUESTIONNAIRE: FIRM EXPERIENCE
Provide at least three (3) similar in character, size and state if it services provided was for a commercial, educational facility, entertainment facility, government (cities, counties, courts, etc...) healthcare facility, hospitality facility, or industrial facility completed in the last ten (10) years. The term "completed" means accepted and final payment received from the owner or authorized representative. The term "similar in character" means projects that demonstrate experience in this Scope of Service of the RFP. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. **/f the contractor does not have the experience in projects of similar nature, provide a written narrative as to why they are qualified to perform the work and what measures they intend to employ to familiarized themselves with the project work. Attach the narrative to this form.
This form may be duplicated if additional space is required.
SERVICE 1
Owner Name:
Address:
City: State: Zip Code:
Term of Contract: Contract Amount:
Start Date End Date:
The service was provided to (please check one):
• Commercial Building Educational Facility • Healthcare Facility Commercial Real Estate • Entertainment Facility • Hospitality Facility Government Facility Industrial Facility
Reference for this project:
Contact Person: Title:
Email: Contact No: _
Provide brief description of the work performed:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
SERVICE 2
Owner Name:
Address:
City: State: Zip Code:
Term of Contract: Contract Amount:
Start Date End Date:
The service was provided to (please check one):
Commercial Building • Educational Facility • Healthcare Facility • Commercial Real Estate Entertainment Facility Hospitality Facility Government Facility Industrial Facility
Reference for this project:
Contact Person: Title:
Email: Contact No:
Provide brief description of the work performed:
SERVICE 3
Owner Name:
Address:
City: State: Zip Code:
Term of Contract: Contract Amount:
Start Date End Date:
The service was provided to (please check one):
Commercial Building Educational Facility • Healthcare Facility Commercial Real Estate Entertainment Facility Hospitality Facility • Government Facility Industrial Facility
Reference for this project:
Contact Person: Title:
Email: Contact No:
Provide brief description of the work performed
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUESTIONNAIRE: FIRM PERSONNEL
There can be no change of Key Personnel once the proposal is accepted for contract award without the prior approval of the City's Contract Administrator.
The number of years of experience providing the desired services, which must be a minimum of three years.
This form may be duplicate if additional space is required.
Staff- President
Title:
Level of Education/Degree Obtained Years of Experience:
Provide the person's experiences:
Staff-Supervisor
Title:
Level of Education/Degree Obtained Years of Experience:
Provide the person's experiences:
Staff
Title:
Level of Education/Degree Obtained Years of Experience:
Provide the person's experiences:
Citywide VAC Nant-ance and Repair Services
QUESTIONNAIRE: EQUIPMENT
List the types of equipment, manufacturer, model # and number of each to be assigned to this contract.
Will all vehicles be uniform in color and with company name/logo? Answer:
Note any equipment which will also be used on another contract.
PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.
Vehicle Manufacturer and Model # Quantity
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUALITY CONTROL PLAN
The Bidder must submit a Quality Control Plan with the Proposal.
This should include:
The means the Contractor will use for completing the project.
Effective means of correcting any problems.
Identification of the entire scope of the project to illustrate that the Contractor is aware of the range and extent of the contract.
Identification of methodology to be used in handling complaints from the public, and damage to property during the performance of this contract.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUESTIONNAIRE: SUPPORT FACILITIES
1. Provide the address of the office from which work crews will be assigned.
Answer:
2. Provide address of main office.
Answer:
3. What is your local toll-free telephone number?
Answer:
4. What telephone number is available for emergency response? Answer:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
QUESTIONNAIRE: COMPANY FINANICAL CONDITION
ANSWER THE FOLLOWING QUESTIONS. FAILURE TO PROVIDE BACK UP TO A "YES" ANSWER MAY RESULT IN A RESPONSE OF DISQUALIFICATION.
1. Has the company (or any owner) ever defaulted on a contract forcing a surety to suffer a loss?
• No • Yes If Yes, explain on a separate paper and attach to this questionnaire form.
2. In the past five (5) years, has the company had any contract with disputed amounts more than $50,000 or a contract which was terminated by the owner, owner's representative or other contracting party and which required completion by another • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form
3. Has the company, an affiliate company, or any owner ever declared bankruptcy or been in receivership? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form.
4. Has the company ever had arbitration on contracts in the past five (5) years? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form
5. Does the company have any outstanding liens or stop notices for labor and/or materials filed against any contracts which have been done or are being done by the company? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form
5. Has your firm or any member of your firm ever had a claim brought against because of breach of contract or nonperformance? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form
6. Debarred Statement: Has this firm, or any principals) ever been debarred government, or any local government agency alton erit ny state of California?
• No • Yes
Initials If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
PROPOSAL AFFIDAVIT
RFP Citywide HVAC maintenance and repair services
The undersigned Contractor hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required to provide these services as set forth in the Request for Proposal for performing the work
Contractor declares that this proposal is based upon careful examination of the Request for Proposal, including the specifications for performing the work, the work sites, and all other contract documents. if this proposal is accepted for award, Contractor agrees to enter into a contract with Agency at the prices set forth in the following Proposal Forms.
Contractor understands the following:
1. Its Proposal is to provide all of the Municipal Maintenance Services required for all City owned facilities.
2. The price submitted includes all appurtenant expenses, taxes, royalties and fees.
Signed Date
Company Name:
Address:
City, State, and Zip Code:
Telephone No.:
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS
The Proposer is required to state any and all instances of being disqualified, removed, or otherwise prevented from proposing on or completing any contract for construction.
Have you ever been disqualified or terminated from any contract? • No • Yes
If yes, provide name and address of agency and explain the circumstances:
Agency Name:
Agency Address:
Explanation:
Additional paper may be used to complete if necessary.
Signature of Contractor
Print Name and Title
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
I and the insurance brokers)/companyies) have reviewed the attached City of Laguna Niguel Insurance Requirement as stated below and on the Maintenance Service Agreement to provide verification of coverage after award of the contract.
MUST PROVIDE THE INSURANCE BROKER'S INITIALS IN THE TEXT BOX BELOW.
Insurance
ITEMS/DESCRIPTION Broker
Initials:
The City shall be named as an additional insured on the Commercial General Liability and Comprehensive Automobile Liability policies, documented by a written The policy must carry a 30-day cancellation clause is applicable to all coverage.
Waiver of Subrogation clause is applicable to all coverage.
Commercial General Liability insurance, with limits of not less than One Million Dollars ($1,000,000) per occurrence / Two Million Dollars ($2,000,000) aggregate and must include coverage for property damage, bodily injury, personal & advertising injury, products and completed operations, liability assumed under an insured Contract (including tort of another assumed in a business contract), and independent contractor's liability, written on an "occurrence" form.
Business Automobile Liability covering all owned, non-owned and hired vehicles with combined single limit for bodily injury and/or property damage of not less than One Villion Dollars ($1,000,000). (Business Auto Liability is required when a vendor is operating a vehicle on City premises for other than commute purposes or the vehicle is an integral part of their services).
Workers' Compensation insurance. This coverage is required unless Contractor provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. Contractor must also maintain Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease, as required by statutory insurance requirement of the State of California.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
By: Date:
Signature of Representative
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, C.373, p1343, ach contractor to whom a public works contract has been awarded shall sign the followin certificate and shall submit same to the Agency prior to performing any work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake
provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
Contractor
By
Print Name
Signature
Title
Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
STOP
Did you sign and submit all the required forms?
Did you attach any relevant information related to the questionnaire? If not, the proposal may be rejected.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
SAMPLE MAINTENANCE SERVICES
AGREEMENT
The contract agreement is required by the awarded Contractor. For reference only, please review the agreement on the next pages.
City of Laguna Niguel - Public Works Department
Citywide HVAC Maintenance and Repair Services
AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
[Description of the Services - should match RFP title]
THIS AGREEMENT is made and entered into as of ("Effective Date'), by and between the City of Laguna Niguel, a municipal corporation, hereinafter ", and [Contractor], a [State of Incorporation & Company Type], hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.
Contractor's license number is [ _)] [specify
license type]; Contractor's DIR registration number is L J. Contractor confirms that its license is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.
RECIALS:
A. The City requires [enter the description of the service].
B. The City circulated a Request for Proposals, [Name of the RFP], on [Date]. to solicit competitive proposals from contractors to complete these services.
C. Contractor submitted a proposal to the City to provide the required services.
D. City staff reviewed all of the proposals and, after considering the qualifications, proposed staffing, working plans, response time, fairness, and reasonableness of the Contractor's proposed cost, has determined that an Agreement to provide the required services should be awarded to the Contractor.
E. The City and Contractor now desire to enter into an Agreement for the required services.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as (the "Project"). Contractor agrees to
perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control. - 1-
2. Additional or Different Services. Any proposed changes to the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.
3. Term. The Contractor shall commence providing the required services on [Month Date Year OR effective on the date stated above] and this Agreement shall continue in full force and effect until [Month Date Year OR until the work required by this Agreement is completed], subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.
4. Payment.
A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of XXXX ($xxxxx) in Year One of the Agreement [include additional not-to-exceed amounts for future years].
This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed XXXX ($XXXXX) to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.
In no event shall the total compensation paid to the Contractor for the Scope of Services exceed XXXXX ($X,XXX.00).
B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.
Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State and federal law. These payments are included in the total amounts in Exhibit "B".
6. Licenses; Standard of Care.
Qualifications. Contractor represents and agrees that all personnel engaged by Contractor in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor -2-
represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement.
Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
B. Licenses, Permits. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide Notice to the City's Public Works Director pursuant to Section 20.
Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency.
C. Standard of Care; Corrections. Contractor shall perform the Services under this Agreement in a skillful and competent manner. The Contractor shall be responsible to City for any errors or omissions in the performance of the Services pursuant to this Agreement. Should any errors caused by Contractor be found in such Scope of Services, Contractor shall correct the errors at no additional charge to City by redoing the Services.
Should Contractor fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.
7. Legal Responsibilities.
A. Contractor shall keep itself informed of all State and Federal law(s) and regulation(s) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.
The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.
Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
9. Subcontracting Subject to Approval. Contractor may not subcontract any portion of the Services required by this Agreement to other person(s) or firms) unless Contractor first obtains the written consent of City to engage in such subcontracting.
10. Independent Contractor. Contractor is and shall, at all times, remain as to City a -3-
wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Contractor or any of the Contractor's officers, employees, or agents. Except as specified in writing by City, Contractor shall not, at any time or in any manner, represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. In addition, Contractor shall have no authority, expressed or implied, to act on behalf of City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City.
Contractor shall be responsible for and pay all taxes and other payments for Contractor and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
11. Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement.
The Project Administrator shall represent the City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
12. Indemnification, Hold Harmless, and Duty to Defend.
A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person(s) or entity(ies) involved by, for, with, or on behalf of the Contractor in the performance of this Agreement.
4-
Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. • Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
F. Offset. City may 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.
13. Liability Insurance.
A. Insurance Policies. Without limiting Contractor's indemnification of the City as described in Section 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.
B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City or any settlement entered into by the Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general -5-
aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) [Delete if the services do not require a professional license] Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 (a) per claim and (b) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement. 4) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub-contractors.
E. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees or subcontractors.
F. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. -6-
G City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
K. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each -7-
insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
O. Pass Through Clause. Contractor agrees to ensure that its subcontractors) and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.
P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
R. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
S. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
14. State Labor Code: Prevailing Wage Requirements.
A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.
B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division -8-
2 of the State Labor Code, including, but not limited to, Sections 1770, 1/11, 1773, 11(3.2 and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
C. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of paragraph A of this Section.
D. Registration with DIR. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.
Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1/25.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
E. Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR.
Contractor shall post job site notices, as prescribed by DIR regulations.
F. Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.
G. Penalties. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forteit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records -9-
specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
1. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
J. Debarment or Suspension. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for -10-
all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
L. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
M. Subcontractors. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.
Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
N. Prevailing Wage Indemnification. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.
16. Payment Bond Required. For any work performed under this Agreement, such as -11-
"repair" work, that does not qualify as "maintenance" work, a Payment Bond (Labor and Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "C" and incorporated herein by this reference.
17. Warranty.
A. Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of one year. The warranty period shall start on the date the work is completed as determined by the Project Administrator.
B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing.
C. Assignment. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to City, and such warranties shall be delivered to the Project Administrator prior to acceptance of Contractor's performance of the Agreement.
D. Replacement. Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Project Administrator, after notice to do so from the Project Administrator, and within the time specified in the notice. If Contractor fails to make such replacement or repairs within the time specified in the notice, City may perform the replacement or repairs at Contractor's expense. If Contractor fails to reimburse City for the actual costs, Contractor's Surety shall be liable for the cost thereof.
E. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
18. Termination.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least thirty (30) calendar days before the termination is to be effective. Contractor may terminate this -12-
Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its emall address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and iiii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).
CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Company Name
Attn: Name
Address: Business Mailing Address
City, State, Zip Code: City, State, Zip Code
Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each -13-
party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
21. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor's proposal, the provisions of this Agreement shall control.
22. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, State of California.
Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
24. Attorney Fees. If any legal action or other proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to any other relief to which the party may be entitled.
25. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
26. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto 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 -14-
any other Agreement to which said party is bound.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
-15-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONTRACTOR"
COMPANY NAME
By:
Print Name:
Title:
By:
Print Name:
Title:
-16-
EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
[The method of compensation may include: (i) a lump sum payment upon completion of the services, i)e semin in accordance fit me are aeria tased on on tractor's completion of the services,
rates, provided that time estimates are provided for the performance of sub tasks, but not exceeding the not-to-exceed sum or (iv) such other methods as may be agreed upon between the parties.]
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EXHIBIT "C"
FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
(If and when required under Section 16 of Agreement)
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Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Laguna Niguri pabi Agency, State of California haaawarded "Contract" WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benetit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence C-2
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an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
By: By:
Its: Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located
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INSTRUCTIONS FOR USE
[DELETE THIS PAGE PRIOR TO USE OF THIS AGREEMENT]
1. This template is designed for contracts for maintenance services. For a definition of "maintenance", see Section 22002(d) of the Public Contract Code.
Any deviations in the substantive provisions of this template require prior approval by the Office of the City Attorney. Any deviations in Section 13 (Insurance) or Section 12 (Indemnification) also require approval by the Risk Manager/Insurance Advisor.
The DIR registration number is not required for maintenance projects under $15,000.00. For such projects, insert "N/A" in the blank on the introductory paragraph on page 1.
Section 3 - Term. We recommend an initial term of no more than three years for most on-going maintenance contracts. In some cases, a shorter period is warranted. If this is a one-time maintenance project, replace the text of Section 3 with the following:
"This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City's approval, but in no event later than _ 20_, unless sooner terminated pursuant to Section 19 of this Agreement."
If the Agreement is approved by the City Council, the Agenda Report may grant authority to the City Manager to extend the terms of the Agreement for two (2) additional one-year terms, as long as the payment to the Contractor does not exceed $50,000.00. If these conditions are met, language to that affect can be added into Section 3.
5. Section 4 - Payment. This section contemplates a regular monthly payment for a multi-year contract. In the second sentence, insert the amount of the total compensation for the initial term of the contract. If this is a one-time maintenance project, modify Section 4 accordingly.
6. Section 13 - Insurance. If the services to be performed do not require a professional license to perform, as distinguished from a contractor's license, then the paragraph specifying the limits of professional liability insurance can be deleted.
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Section 16 - Payment Bond Required.
replace Section 16 with "NOT USED"
8. Section 17 - Warrant. If a warranty is not sought or likely to be provided or needed, replace Section 17 with "NOT USED"
9. Exhibit A should be a Scope of Work prepared by staff, including all required performance standards. The RFP and/or proposal should not be used for this purpose. Ideally, the Scope of Work will be included in the RFP and can be pulled out from the RFP and attached to the agreement as Exhibit A (perhaps with minor modifications resulting from Contractor's proposal).
10. Exhibit B is the schedule of compensation. Ideally, but no necessarily, the RFP vould include a blank schedule of fees and charges to be filled in the proposers which can be pulled out from the proposal and attached to the Agreement. Exhibi B should also set forth the manner and time of payment, including invoice requirements.
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ATTACHMENT "A"
CITYWIDE HVAC INVENTORY LIST
City of Laguna Niguel
Citywide HVAC Inventory List
30111 CROWN VALLEY PKWY UNIT# TON MAKE MODEL SERIAL H [FILTER QTY. | FILTER SIZE A/C UNIT 60 AAON - A/C-102 RN-060-3-A-EB19-000 201102-BNCX03624 24 12x24x2 A/C UNIT 24 12x24x4
A/C UNIT N 70 AAON - A/C-101 RN-070-3-A-EA19-000 201102-BNCY03623 A/C UNIT 24
A/C UNIT LIEBERT MINI-MATE 2 MMD12A-X0070 1102N207676 15x20x1 A/C UNIT 1.5 LIEBERT MINI-MATE 2 MMD12A-X0070 1102N207676 15x20x1 A/C UNIT DAIKIN SPLIT A/C RZQ18PVJUS A0000194 WASHABLE
A/C UNIT ch LG SPLIT A/C LSU161HSV UNKNOWN WASHABLE
A/C UNIT LG SPLIT A/C LSU161HSV 003KAPW00184 WASHABLE
A/C UNIT LG SPLIT A/C LSU161H5V 003KAHF00185 WASHABLE
CITY HALL EXHAUST FAN EF 1 GREENHECK 6-HB120 6315179-27648618 EXHAUST FAN EF 2 GREENHECK 6-H8120 6315179-27648662.
EXHAUST FAN EF 3 GREENHECK 6-HB120 6315179-27648686
EXHAUST FAN EF 4 GREENHECK 6-HB120 6315179-27648710
EXHAUST FAN EF 8 GREENHECK 6-HB120 6316179-27648736
BOILER 1 B-1 THERMAL SOLUTIONS EV007S0BN1-UCFM 65238236 UNKNOWN BOILER 2 8-2 THERMAL SOLUTIONS EV00750BN1-UCFM 65238235 UNKNOWN PUMP 1 - HP 1.5 ARMSTRONG 4300513-083 756
EXPANSION TANK ARMSTRONG A200-L 667429
PUMP 2 - HP 5 ARMSTRONG 2 X 2 X 8-4300TC 668070
PUMP 3 - HP 5 ARMSTRONG 2X2 X 8 - 4300TC 668071
PUMP 4 - HP 1.5 ARMSTRONG 2 X 2X6 - 4300TC 669753
24602 ALISO CREEK RD. UNIT# TON MAKE MODEL SERIAL# FILTER QTY. FILTER SIZE RT 1 CARRIER 48TCDD17A2A5 2417P26838 UNKNOWN UNKNOWN
RT 2 20 CARRIER 48TCSD24A2A5 2217P26337 UNKNOWN UNKNOWN RT 3 CARRIER 48HJL006-541 2008G10401 16x25x2
RT 4 15 Trane YSD180G3RLC0000 223310448D 20x20x2
A/C 1 7.5 CARRIER 48H.D008-541 2408G11111 16x20x2
A/C 2 CARRIER 48HJD008-541 2408G11110 16x20x2
A/C 3 N CARRIER 48PGNM03-A-30-M 2708G40006 16x20x2
A/C 4 CARRIER 48PGNM03-A-30-M 3208G20017 16x20x2
A/C 5 N CARRIER 48PGNM03-A-30-M 2708G40005 16x20x2
A/C 6 CARRIER 48PGDM04-A-50-M 2708G40011 16x20x2
A/C 7 CARRIER 48HJL006-541 2508G40902 16x25x2
A/C 8 CARRIER 48HJL006-541 UNKNOWN 16x25xZ
SEA COUNTRY SENIOR A/C 9 CARRIER 48PGDM04-A-50-M 2708G40012 16x20x2 CENTER A/C 10 CARRIER 48HJL006-541 2508G40914 16x25x2
A/C 11 CARRIER 48PGNM03-A-30-M 2708G40002 16x20x2
A/C 12 CARRIER 48PGNMO3-A-30-M 2708G40001 16x20x2
A/C 13 CARRIER 48PGNM03-A-30-M 2708G40003 16x20x2
ACC 1 - FC 1 1.5 CARRIER 38QRR018-301 0506X60972 WASHABLE ACC 2 - FC 2 2.5 CARRIER 38QRF030-301 2307X93036 WASHABLE EF-1 UNKNOWN UNKNOWN UNKNOWN
EF-2 UNKNOWN UNKNOWN UNKNOWN
EF -3 UNKNOWN UNKNOWN UNKNOWN
EF-4 UNKNOWN UNKNOWN UNKNOWN
EF-5 UNKNOWN UNKNOWN UNKNOWN
EF 6 UNKNOWN UNKNOWN UNKNOWN
EF-T UNKNOWN UNKNOWN UNKNOWN
EF-8 UNKNOWN UNKNOWN UNKNOWN
EF-9 UNKNOWN UNKNOWN UNKNOWN
Attachment A_ HVAC Unit Locations - City of Laguna Niguel 1 of 2 4/7/2023 | City of Laguna Niguel
Citywide HVAC Inventory List
29751 CROWN VALLEY, PKWY UNIT# TON MAKE MODEL SERIAL# FILTER QTY. FILTER SIZE 3RD FLOOR ROOF PARA-PIT DAIKIN APPLIED DPS020AHMG4DW-4 FBOU190601005 18x24x2 6 and 9 24x24x2
3RD FLOOR ROOF PARA-PIT DAIKIN APPLIED RDT050DSYV6 FBOU190500729 24x24x12 (VariCel) 12x24x12 (VariCel)
3RD FLOOR ROOF PARA-PIT DAIKIN APPLIED DPS012AHMY4DV-4 FBOU190601006 24x24x2 3RD FLOOR MECHANICAL ROOM DAIKIN APPLIED MPSA10DGDGH222CA F101902010 20x20x2 3RD FLOOR MECHANICAL ROOM DAIKIN APPLIED MPSA10DGDGH222CA F101901649 20x20x2 3RD FLOOR ROOF PARA-PIT BOILER THERMAL SOLUTIONS EVO0750BN1-UABM 65719439 3RD FLOOR MECHANICAL ROOM MUA GREENHECK IGX-110-H12 15919911 WASHABLE 3RD FLOOR MECHANICAL ROOM VRF DAIKIN RXYQ120TAYDU 1906369829 CROWN VALLEY MACHINE ROOM 103
COMMUNITY PARK FC.-1.1 DAIKIN FXAQ12PVJU (WALL) UNKNOWN WASHABLE MACHINE ROOM 121 FC.-1.2 DAIKIN FXAQ12PVJU (WALL) UNKNOWN WASHABLE ELECTRICAL ROOM 120 FC.-1.3 DAIKIN FXAQ12PVJU (WALL) UNKNOWN WASHABLE SUB ELEC ROOM 207 FC.-2.1 DAIKIN FXAQ12PVJU (WALL) UNKNOWN WASHABLE MDF ROOM 206 FC.-2.2 DAIKIN FXFQ36TVJU (CASSETTE) UNKNOWN WASHABLE AV-RACK 217C FC.-2.3 DAIKIN FXFQ36TVJU (CASSETTE) UNKNOWN WASHABLE AV-RACK 217D FC.-2.4 DAIKIN FXFQ36TVJU (CASSETTE) UNKNOWN WASHABLE CATERING KITCHEN 218 FC.-2.5 DAIKIN FXMQ36PAVJU (DUCKED) UNKNOWN WASHABLE ELECTRICAL ROOM 324 FC.3.1 DAIKIN FXAQ12PVJU (WALL) UNKNOWN WASHABLE 3RD FLOOR MECHANICAL ROOM EF-3.1 GREENHECK CUE-161-VG-10-G 15877844 3RD FLOOR MECHANICAL ROOM EF-3.2 GREENHECK CUE-095-VG-6-X 15877850 3RD FLOOR ROOF PARA-PIT EF-4.1 GREENHECK CUBE-300-VGD-30-X 158877859 3RD FLOOR ROOF PARA-PIT EF-4.2 GREENHECK CUE-141HP-VG-7-X 15877865 LAGUNA NIGUEL SKATE 27745 ALICIA PKWY TON MAKE MODEL SERIAL# FILTER QTY. FILTER SIZE PARK SUPERVISOR'S OFFICE AC PRO MINI SPLIT/HP 2PAMSH12B-17.5 2103239210373240130013 WASHABLE OFFICE CARRIER MIN SPLIT /HP 38BK012310 2502·20791 WASHABLE Attachment A HVAC Unit Locations - City of Laguna Niguel 2 of 2 4/7/2023 ATTACHMENT "B"
CITY HALL HVAC UNIT LOCATION MAP
Split A/C Unit
HHNS
AAON -A/C-101
AAON - A/C-102
Split A/C Unit
Exhaust Fans
ATTACHMENT "C"
CROWN VALLEY COMMUNITY CENTER HVAC UNIT
LOCATION MAP
Diekin AG4
Blakin AC'S
MUA
VAR
EF 3.1, 3.2
Parks And Rearettan 3
-Registratien witce
Dakin AC'1
Đakli AG 2
Dakin AGa
E54045
Ha watenBolar
ATTACHMENT "D"
SEA COUNTRY SENIOR AND COMMUNITY CENTER
(SCSCC) HVAC UNIT LOCATION MAP
SITE FLOOR PLAN FC-2
STORAGE BURDING ACC-2
133
HVAC UNIT LOCATION
STORAGE 27
EF-5
EF-3
GRANO BALLROOM GRAND BALLROOM
(STAGE SIDE! DINNING SIDE)
COURTYARD
STORAGE 19
CORRIDOR 40
FC.,
AC-9 AAC-1
126
EF-2
00-90
AC-8 AC-6
SITNERE CENTER
101 AC-1
WORK ROOM AC-S
AC-7 AC-3
AC.O
SEA COUNTRY SENIOR & COMMUNITY CENTER
24602 ALISO CREEK RD
LAGUNA NIGUEL, CA 92677
ATTACHMENT B
Proposals Evaluation Summary
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
RFP Name: Citywide HVAC Maintenance and Repair Services RFP Issue Date: April 11,2023
RFP Due Date: May 18,2023
No. of Bidders: 5
Proposals Evaluation Summary
Bidder Name Evaluation Average Evaluation Ranking
First Response Air conditioning Heating Inc. 97% 1
ABM Building Solutions, LLC 89% 2
Harbor Pointe Air Conditioining & Control Systems, Inc. 86% 3 A & H Refrigeration Inc. 83% 4
Southland Industries 78% 5
ATTACHMENT C
Maintenance Services Agreement with First Response Air
Conditioning & Heating, Inc.
AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
Citywide HVAC Maintenance and Repair Services
THIS AGREEMENT is made and entered into as of ("Effective Anen no one on i are containe sometimes enter aguay,
referred to as "Party" and hereinafter collectively referred to as "Parties". • Contractor's license number is 1038351 C20- Warm-Air Heating, Ventilating and Air Conditioning.
• Contractor's DIR registration number is 1000052008.
Contractor confirms that its license is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.
RECIIALS:
The City requires contractor to provide HVAC maintenance and repair services at municipal facilities throughout the City.
B. The City circulated a Request for Proposals, Citywide HVAC Maintenance and Repair Services, on April 11, 2023 to solicit competitive proposals from contractors to complete these services.
C. Contractor submitted a proposal to the City to provide the required services.
D. City staff reviewed all of the proposals and, after considering the qualifications, proposed staffing, working plans, response time, fairness, and reasonableness of the Contractor's proposed cost, has determined that an Agreement to provide the required services should be awarded to the Contractor.
E. The City and Contractor now desire to enter into an Agreement for the required services.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as detailed in Exhibit "A" (the "Project"). Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope of Services -1-
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("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control.
2. Additional or Different Services. Any proposed changes to the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.
3. Term. The Contractor shall commence providing the required services on July 01, 2023 and this Agreement shall continue in full force and effect until June 30, 2026, subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.
4. Payment.
A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of Seventy- Five thousand Dollars ($75,000) per fiscal year.
This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed Fifteen thousand ($15,000) to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.
In no event shall the total compensation paid to the Contractor for the Scope of Services exceed Ninety thousand ($90,000).
Upon expiration of the term of the Agreement, if term is extended (pursuant to Paragraph 3 or otherwise), fees and rates may only be increased both pursuant to Paragraph 20 as the attendance of Consultant at all project meetings reasonably deemed necessary by techniques, or events that may or will materially increase or decrease the cost of the work circumstance, technique or event and the estimated increased or decreased cost related thereto.
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B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.
Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State and federal law. These payments are included in the total amounts in Exhibit "A".
Licenses; Standard of Care.
A. Qualifications. Contractor represents and agrees that all personnel engaged by Contractor in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement.
Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
Licenses, Permits. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide Notice to the City's Public Works Director pursuant to Section 20.
Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency.
C. Standard of Care; Corrections. Contractor shall perform the Services under this Agreement in a skillful and competent manner. The Contractor shall be responsible to City for any errors or omissions in the performance of the Services pursuant to this Agreement. Should any errors caused by Contractor be found in such Scope of Services, Contractor shall correct the errors at no additional charge to City by redoing the Services.
Should Contractor fail to make such corrections) in a reasonably timely manner, such correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.
7. Legal Responsibilities.
A. Contractor shall keep itself informed of all State and Federal law(s) and regulations) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.
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B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.
Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
Subcontracting Subject to Approval. Contractor may not subcontract any portion of the Services required by this Agreement to other person(s) or firm(s) unless Contractor first obtains the written consent of City to engage in such subcontracting.
Independent Contractor. Contractor is and shall, at all times, remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Contractor or any of the Contractor's officers, employees, or agents. Except as specified in writing by City, Contractor shall not, at any time or in any manner, represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. In addition, Contractor shall have no authority, expressed or implied, to act on behalf of City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City.
Contractor shall be responsible for and pay all taxes and other payments for Contractor and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
11. Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement.
The Project Administrator shall represent the City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
12. Indemnification, Hold Harmless, and Duty to Defend.
A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, -4-
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subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
B. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person(s) or entity(ies) involved by, for, with, or on behalf of the Contractor in the performance of this Agreement.
C. Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. • Contractor. expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
F. Ofiset. City may ofiset against the amount of any tees 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 arisina under this paragraph.
13. Liability Insurance.
Insurance Policies. Without limiting Contractor's indemnification of the City as described in Section 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. -5-
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B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City or any settlement entered into by the City.
C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub-contractors.
Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees or subcontractors.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to -6-
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contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
1. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
K. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
L. Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
O. Pass Through Clause. Contractor agrees to ensure that its subcontractors) and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
R. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
S. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
14. State Labor Code: Prevailing Wage Requirements.
A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 -8-
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and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.
B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
C. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of paragraph A of this Section.
D. Registration with DIR. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.
Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
E. Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR.
Contractor shall post job site notices, as prescribed by DIR regulations.
F. Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.
G. Penalties. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
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H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
J. Debarment or Suspension. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
K. Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this -10-
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Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Subcontractors. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.
Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
N. Prevailing Wage Indemnification. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these -11-
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provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.
16. Payment Bond Required. For any work performed under this Agreement, such as "repair" work, that does not qualify as "maintenance" work, a Payment Bond (Labor and Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "B" and incorporated herein by this reference.
17. Warranty.
Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of one year. The warranty period shall start on the date the work is completed as determined by the Project Administrator.
B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing.
Assignment. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to City, and such warranties shall be delivered to the Project Administrator prior to acceptance of Contractor's performance of the Agreement.
D. Replacement. Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Project Administrator, after notice to do so from the Project Administrator, and within the time specified in the notice. If Contractor fails to make such replacement or repairs within the time specified in the notice, City may perform the replacement or repairs at Contractor's expense. If Contractor fails to reimburse City for the actual costs, Contractor's Surety shall be liable for the cost thereof.
E. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
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18. Termination.
Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least thirty (30) calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (i) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).
CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: First Response Air Conditioning & Heating
Inc.
Attn: Ivan Rosas
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Address: 22349 La Palma Ave Suite 105
City, State, Zip Code: Yorba Linda CA, 92887
20. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
21. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor's proposal, the provisions of this Agreement shall control.
22. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, State of California.
23. Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
24. Attorney Fees. If any legal action or other proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to any other relief to which the party may be entitled.
25. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. -14-
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Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (i) 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
First Response Air Conditioning & Heating Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
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EXHIBIT "A"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
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EXHIBIT "B"
FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
(If and when required under Section 16 of Agreement)
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Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Laguna Niguel ("Public Agency"), State of California, has awarded ("Principal") contract "Contract")
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ($_ _J, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence C-2
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an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant t authority of its governing body
Dated:
"Principal" "Surety"
By: By:
Its: Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the C-3
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