Agenda packet — Thousand Oaks City Council, April 25, 2023 (part 2 of 6)

5. Authorize expenditure in the total amount of $91,994 from various General Fund (001) accounts for remaining FY 2022-23 budget cycle for May and June 2023 combined contract services. A full account breakdown is outlined in the staff report.

6. Approve budget appropriation and authorize expenditure in the total amount of $120,000 in FY 2022-23 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to the following accounts: $60,000 to A/C #001-3570-612-5621 (Contracted Services – HVAC), $20,000 to A/C #001-3574-677-5621 (Contracted Services – HVAC) and $40,000 to A/C #001-3592-631-5621 (Contracted Services – HVAC).

7. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:
$120,000 Increase to Adopted FY 2022-23 General Fund Budget. $120,000 increase to the Adopted FY 2022-23 General Fund Budget is requested to supplement available budget for HVAC services at certain locations due to increased and unexpected costs. A full account breakdown of contract costs for the remainder of FY 2022-23 is included as (Attachment #1) The remaining funds for the agreement’s terms will be requested during the upcoming biennial budget process.

BACKGROUND:

The Facilities Division manages multiple City-owned buildings (Attachment #2), which have complex mechanical systems to maintain the buildings’ indoor air quality. These systems require ongoing preventative maintenance and repairs as needed to keep the equipment operating properly and efficiently. The systems’ equipment principally includes building automation software systems (BAS), chillers, boilers, cooling towers, exhaust fans, pumps, fan coils, and split systems.

Multiple buildings utilize Automated Logic BAS software. The BAS automates the scheduling for the mechanical system’s equipment (chillers, boilers, fans, pumps, etc.). This type of software has custom programming and must be maintained by technicians certified and trained for that particular software.

The City currently has multiple contracts for building mechanical preventative maintenance and repairs at various facilities, as well as contracts for on-call building mechanical services. Two of these contracts were expiring soon, so staff determined it would be prudent to issue Requests for Proposals/Qualifications (RFP/Qs) to encompass all the mechanical services needed.

Item No.10D

Building Mechanical Systems Service Agreements
April 25, 2023

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DISCUSSION/ANALYSIS:

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary to perform the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the City for the solicited scope of work or service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who be awarded the contract.

Automated Logic Service Provider
Staff published a formal RFP/Q for Automated Logic BAS Maintenance and Services at various City facilities on February 3, 2023. The solicitation was published using OpenGov procurement software where it was viewed and downloaded by nine total service providers. From this effort, one proposal was received. Sunbelt Controls, Inc., of Azusa, CA (Sunbelt) was the only proposer and meets the needs of the services required based on their qualifications, background, price, and client references.

Sunbelt has provided on-call services for the Automated Logic BAS systems for six years and has proven their capability to provide effective service with knowledgeable technicians for a reasonable cost.

Building Mechanical Systems Service Providers
Staff published a formal RFP/Q for Building Mechanical Systems Services at various City facilities on February 10, 2023. From this effort, four proposals were received:

Company City, State

1. ACCO Engineered Systems, Inc. (ACCO) Thousand Oaks, CA

2. Mesa Energy Systems, Inc., DBA
Emcor Services Mesa Energy (Mesa) Thousand Oaks, CA

3. ABM Building Solutions, LLC Tustin, CA

4. Siemens Industry, Inc. (Siemens) Cypress, CA
The staff evaluation committee, consisting of representatives from the Public Works and Finance departments, reviewed the proposals and rated them based Item No.10D

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on qualifications, background, and client references. Vendors were then invited for interviews. The consensus of the committee was that it would be prudent to execute multiple contracts for the services as explained below.

Mesa is currently performing services at the Municipal Service Center (MSC) and Hill Canyon Wastewater Treatment Plan (HCTP) and has provided on-call services for many years with the City. They have proven to be a cost-effective and reliable vendor. They have familiarity with the two locations and were best qualified to continue providing services at those locations. Based on past experience and demonstration of their capabilities, staff recommends awarding the contract for all maintenance and repairs at those two City facilities to Mesa.

ACCO has been performing on-call services for the City for ten years. They have proven to be a reliable vendor with qualified technicians and reasonable costs.

They have ten+ technicians in the area who are able to provide after-hours service.

For these reasons, staff recommends awarding the contract for maintenance and repairs to ACCO at all other City facilities where Mesa is not providing service.

Both the Grant R. Brimhall and Newbury Park Branch libraries utilize the BAS software Desigo, which is proprietary to Siemens. Migrating to another BAS software would require extensive changes to the entire system, including physical equipment replacement in addition to the software. Both libraries had major mechanical system upgrades approximately 10 years ago and are not due for a major upgrade for another 10+ years. To change the BAS software would be expensive and not prudent to change at this time. For these reasons, staff recommends entering into an agreement with Siemens to continue performing regular maintenance and repairs for that software.

Summary
Sunbelt, Mesa, ACCO, and Siemens are licensed to perform the HVAC services as described. Staff has verified their Department of Industrial Relations registration, and state contractor’s license and finds them all to be qualified and able to perform the services of their contracts.

The mechanical systems are essential and need to remain functioning at all times to ensure indoor air quality standards are met, and the operations at these City- owned facilities are maintained. It is critical that systems at the Civic Arts Plaza (City Hall and theatre performances and events) are not impacted by failures due to inadequate maintenance of the system. Various operations at HCTP are also critical and must have proper mechanical ventilation at all times.

For these reasons, staff recommends the award of all four contracts (Attachment Nos. 3 through 6) and the budget request as described. Based on historical costs, Item No.10D

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anticipated cost increases and expenses, staff deems the not-to-exceed contract costs (Attachment #7) as appropriate.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Elizabeth Perez, Facilities Manager
Attachments:

Attachment #1 – FY 2022/23 General Fund Requested Expenditure Attachment #2 – List of Locations
Attachment #3 – Agreement with Sunbelt Controls, Inc.

Attachment #4 – Agreement with ACCO Engineered Systems, Inc.

Attachment #5 – Agreement with Mesa Energy Systems, Inc.

Attachment #6 – Agreement with Siemens Industry, Inc.

Attachment #7 – Contract Costs and Account Breakdown
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ATTACHMENT #1
Facility Account No. Amount
Civic Arts Plaza - City Hall 001-3570-612-5621 10,221$
Civic Arts Plaza - Kavli 001-3577-677-5621 8,279$
Civic Arts Plaza - Tenant Space 001-3580-612-5621 753$
Grant R. Brimhall Library 001-3576-673-5621 7,842$
Newbury Park Branch Library 001-3575-673-5621 3,761$
Newbury Park Gallery 001-3587-674-5621 513$
Goebel Adult Community Center 001-3574-677-5621 2,136$
Fiore Teen Center 001-3573-677-5621 2,216$
401 W. Hillcrest 001-3585-612-5621 1,894$
403 W. Hillcrest 001-3590-612-5621 3,340$
Child Care Center 001-3571-677-5621 816$
Municipal Service Center 001-3592-631-5621 42,237$
Household Hazardous Waste 001-3593-612-5621 271$
Hill Canyon Treatment Plant 001-3594-612-5621 7,338$
Transportation Center 001-3582-632-5621 377$
91,994$
Building Mechanical Services
FY 2022/23 Requested Expenditures
Contracted Services - HVAC Accounts
Item No.10D

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BUILDING MECHANICAL SYSTEMS SERVICES
CITY FACILITIES – LOCATIONS
Facility Name Location

1. Civic Arts Plaza – City Hall, Kavli and
Forum Theaters, Parking Structure 2100 E. Thousand Oaks Blvd., Thousand Oaks

2. Transportation Center 265 S. Rancho Rd., Thousand Oaks

2. Fiore Teen Center 1375 E. Janss Rd., Thousand Oaks

3. Goebel Adult Community Center 1385 E. Janss Rd., Thousand Oaks

4. Grant R. Brimhall Library 1401 E. Janss Rd., Thousand Oaks

5. Newbury Park Branch Library and
Community Gallery 2331 Borchard Rd., Thousand Oaks

6. Leased Office Building
(National Park Service) 401 W. Hillcrest Dr., Thousand Oaks

7. Leased Office Building
(Conejo Recreation & Park District) 403 W. Hillcrest Dr., Thousand Oaks

8. Child Care Center 110 S. Conejo School Rd., Thousand Oaks

9. Municipal Service Center 1193 Rancho Conejo Blvd., Thousand Oaks

10. Household Hazardous Waste Facility 2010 Conejo Center Dr., Thousand Oaks

11. Hill Canyon Treatment Plant 9600 Santa Rosa Rd., Camarillo

12. Westside Properties (Leased Space) 1934, 1938 and 1948 E. Thousand Oaks Blvd., Thousand Oaks
ATTACHMENT #2
Item No.10D

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Project Name: Automated Logic Building Automation Services at Various City-Owned Facilities

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
SUNBELT CONTROLS, INC.

THIS AGREEMENT made and entered into this 26th day of April 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and SUNBELT CONTROLS, INC., (hereinafter referred to as "Service Provider"). The City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein:
service and maintenance of the Automated Logic, Building Automation software at various City- owned buildings. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $272,173 (herein "not to exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the Service Provider’s Schedule of Fees, or paid hourly, at the hourly rates and with reimbursement for those expenses set forth in Exhibit “B”.

The rates and expenses set forth in that exhibit shall be binding upon Service Provider until April 30, 2026, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Service Provider for all work described under this Agreement.
(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

ATTACHMENT #3
Item No.10D

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(d) Reserve. Additional work reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “B” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit. (e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Elizabeth Perez, Facilities Manager.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider may be obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Item No.10D

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Department of Industrial Relations Requirements. The Work may be subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Service Provider’s DIR registration number is 1000000551. Service Provider’s CA state contractor’s license number is 800423.

Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.

Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Item No.10D

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Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on April 30, 2026, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

The City Manager or his or her designee shall have the authority to extend the term of the Agreement for a maximum number of two (2), one-year terms, provided that the Not-to- Exceed amount is the total compensation available under this Agreement without formal amendment approved by City Council. Time extensions shall be memorialized by execution of a written amendment.

Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without the City's prior consent in writing.

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not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City. (c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.

Item No.10D

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(b) Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Service Provider 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 for all work performed by Service Provider, its employees, agents and subcontractors.

If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured and shall obtain an endorsement to that effect if it does not.

There shall be no cross-liability exclusion of claims or suits by one insured against the other.

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 City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Item No.10D

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City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A: VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City and shall require similar written express waivers Item No.10D

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and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement. (c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Item No.10D

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(b)No employee benefits shall be available to Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.

11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing ten (10) calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.

12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.

Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.

14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach.

No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

Item No.10D

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15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN PARTIES This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

Item No.10D

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20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

22. PARTIAL INVALIDITY
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.

23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Elizabeth Perez, Facilities Manager
City of Thousand Oaks
Finance Dept/Facilities Div.
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Rusty Caldwell, Project Manager
Sunbelt Controls, Inc.
735 N. Todd Ave.

Azusa, CA 91701

24. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

Item No.10D

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(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

SUNBELT CONTROLS, INC.
________________________________
Jim Boyd, Branch Manager
________________________________
Marco Merida,
Controller & Operations Manager
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Laura B. Maguire, City Clerk Kevin McNamee, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.10D

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EXHIBIT A

BASIS FOR SCOPE OF WORK
The Scope of Work is based on the following facts regarding the existing Automated Logic – WebCTRL (ALC), Building Automation System (BAS) located at the following locations:
•Hill Canyon Treatment Plant – 9600 Santa Rosa Road, Camarillo •Fiore Teen Center – 1375 E. Janss Road
•Goebel Adult Community Center – 1385 E. Janss Road
•403 W. Hillcrest Drive (occupied by the Conejo Recreation and Park District) – connected to the chiller only.
•Municipal Service Center (MSC) Building C – 1993 Rancho Conejo Blvd

1. The BAS software is anticipated to be on the City’s Wide Area Network (WAN) from all locations by July 2023, which enables the City staff to access the BAS software and graphics from any building and any workstation on the City WAN.

2. The system is integrated to existing third-party equipment such as chillers, boilers, VFD’s, and VRF systems.

3. The system is configured to export data to Skyspark (energy management) software.

4. City staff have basic training as Automated Logic software operations users.

5. Service Provider’s staff are trained and certified to support ALC and the City’s system.

6. Service Provider is authorized to procure system related products such as sensors, controllers and licenses and provide factory authorized warranty coverage and support services.

7. Work shall be performed during normal working hours, Monday – Friday, 6:00 AM to 4:00 PM.

8. BAS Covered Equipment to be serviced under this agreement includes but is not limited to the following:
a. BAS Workstations & Servers (including Database and Software). b. BAS Network (Main) Controllers (including Program Operation & Software) c. BAS Field Application Specific Controllers and/or Advanced Application Controllers (including Program operation and Software) d. BAS Associated Peripherals (Sensors, Relays, etc.)
Item No.10D

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SCOPE OF WORK

1. Preventative Maintenance and Service Tasks
a. Provide one (1) 8-hour monthly site visits to be scheduled with City Project Manager. Visits will include pro-active hands-on services as needed or requested in addition to remote service designed to improve equipment operations, increase energy efficiency, and minimize breakdowns through the software maintenance.
b. Perform software maintenance which includes quarterly back up of workstation software, graphics and databases (on-site and remote). Back-ups will be stored on-site and off-site to mitigate any losses.
c. Verify and install any available WebCTRL software system updates as released by the manufacturer and Windows operating system updates as soon as feasible after release.
d. Verify terminations within ALC panels and controllers. e. Verify communication to all ALC controllers and integrated devices. f. Verify Graphic functionality.
g. Optimize system communications.
h. Review trend logs.
i. Verify Field sensors (spot check for accuracy).
j. Train on-site staff up to 1 hour each visit as needed. k. Propose repairs/upgrades as needed.
l. Assist on-site staff with issues related to ALC system. m. Verify controller drivers are up to date.
n. Verify operation of dampers, valves, exhaust fans, vfds and other components.

2. Configure Automated Email Notifications for all locations. a. Provide labor to configure existing WebCTRL for email notifications. b. Provide labor to configure which existing alarms will generate email notifications. c. Send Test email notifications to ensure system is functioning properly. d. Email notification will require an email host. The City will provide email host information for configuration of alarm notifications.
e. Additional programming for additional alarms not currently a part of the existing system will be an additional cost.

3. ALC Controls Conversion at MSC Building C
a. Provide and Install one (1) Network Gateway with enclosure. i. Installed Network gateway will require a network connection to communicate to WebCTRL virtual server.
ii. Network connection supplied and installed by others b. AC-1 and AC-2
Item No.10D

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i. Provide and install two (2) Zn551 controllers.
ii. Provide and install ZS2PL Thermostats.
iii. Provide and install Unit Start/Stop.
iv. Provide and install Fan Status.
v. Provide and install Supply Air Temp sensors.
vi. Provide and install Return Air Temp sensors.
vii. Provide and install required communication and thermostat wire for integration. All wire to be plenum rated, existing pathways to be utilized. viii. Provide labor to remove all existing controls
c. AC -3 (Multizone Unit)
i. Provide and install one (1) Zn551 Controller.
ii. Provide and install Unit Start/Stop.
iii. Provide and install Fan Status.
iv. Provide and install Supply Air Temp sensors.
v. Provide and install Return Air Temp sensors.
vi. Provide and install a Belimo actuator for the Bypass Damper. vii. Provide and install duct static pressure sensor for bypass control. d. Multizone Unit Zones 1-4
i. Provide and install four (4) Zn220 Controllers for Zones. ii. Provide and install Supply Air Temp sensors.
iii. Provide and install ZS2PL Thermostats.
iv. Provide and install four (4) Belimo actuators for zones. v. Provide and install required communication and thermostat wire for integration. All wire to be Plenum Rated, existing pathways to be utilized e. Clarifications
i. Programming, graphics, startup and commissioning of points and sequences to meet specified operations included.
ii. Low voltage wire - plenum wiring to be utilized wherever possible and meets code requirements.
iii. One (1) year warranty on installed parts and labor. iv. Programing or graphical changes that are requested after project substantial completion will be completed as additional services not included in this scope.
v. Labor pricing is based on regular day shift work only unless stated otherwise.

Item No.10D

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EXHIBIT B

FEE SCHEDULE
*Reserve to be used as described in Section 3(d) of Agreement. Available Reserve funds may also be used to cover Optional Years 4 and 5 extensions if necessary. **Estimated costs based on current escalation. Actual amounts may be higher, but must be approved by City in writing and must be within the current not-to-exceed amount.

HOURLY LABOR RATES
The following standard labor rates shall apply for any work quoted outside of the standard preventative maintenance service.

Automated Logic Service Technician Cost Monday - Friday Normal Business Hours $ 175.00 per hour Overtime and Weekends $ 262.50 per hour
Holidays $ 350.00 per hour
Scope
Item #

1. Annual BAS Maintenance Year 1 ($1,756/month) $ 21,072 Annual BAS Maintenance Year 2 ($1,809/month) $ 21,708 Annual BAS Maintenance Year 3 ($1,863/month) $ 22,356

2. Configure Automated Email Notifications $ 4,200

3. ALC controls conversion at MSC Building C $ 31,092 Reserve* $ 125,000
Estimated Cost For Optional Contract Years 4 and 5** $ 46,745 Total Contract Not-to-Exceed $ 272,173
Item No.10D

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AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
ACCO ENGINEERED SYSTEMS, INC.

THIS AGREEMENT is made and entered into this 26th day of April, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and ACCO ENGINEERED SYSTEMS, INC. (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A”, and incorporated herein: mechanical equipment preventative maintenance services, repairs, and replacements for the equipment listed in various locations per Exhibit “D.”

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to the Service Provider, by City, for any and all services under this Agreement shall not exceed $1,963,230 (herein "not to exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the schedule listed in Service Provider’s Schedule of Fees, set forth in Exhibit “B”. All other work to be billed at the rates listed in Exhibit “C” or by negotiated lump sum.

The fixed sum amounts set forth in Exhibit “B” shall be binding upon Service Provider until April 30, 2026, and the hourly rates set forth in Exhibit “C” shall be binding until April 30, 2024, after which time new rates may be agreed upon only by execution of a written Amendment to this Agreement. (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Service Provider for all work described under this Agreement. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

Project Name: Building Mechanical Systems Services
at Various City Facilities
ATTACHMENT #4
Item No.10D

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(d) Reserve. Additional work reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “C” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit.
(e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “C”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by the Service Provider shall be accomplished under the general direction of, and coordinate with, the City's "Project Manager", as that staff person is designated by the City from time to time, and who presently is, Elizabeth Perez, Facilities Manager.

Payment of Taxes. The contract prices shall include provision for all taxes that the Service Provider is required to pay. Service provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider may be obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City Item No.10D

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harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Service Provider to be familiar with the California Labor Code, and failure or neglect of the Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work may be subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5., unless specific Work Authorization is exempt. Service Provider’s DIR registration number is 1000000546. Service Provider’s CA state contractor’s license number is 120696.

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programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on April 30, 2026 unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date.

If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than two (2) separate times, for a period of one year each.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.

Item No.10D

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8. HOLD HARMLESS AND INDEMNITY
(a)Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b)Defense and Indemnity of Third Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation.

Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c)Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

Item No.10D

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Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability. (b).Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c).Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease.

Service Provider 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 for all work performed by Service Provider, its employees, agents and subcontractors. (d). Pollution Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry pollution liability insurance in an amount not less than $2,000,000 per occurrence.

If the Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Item No.10D

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Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against the other. 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 City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any Item No.10D

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insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss.

Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Item No.10D

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the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

10. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent contractors and in no event shall Service Provider be considered an officer, agent, servant or employee of City. Service Provider shall be solely responsible for any workers’ compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

11. TERMINATION BY CITY
City may terminate any portion or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing ten (10) calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.

Item No.10D

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13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider services beyond the current fiscal year, this Agreement shall cover only those Item No.10D

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costs incurred up to the conclusion of the current fiscal year.

This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services, and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal Revenue Service.

20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Service Provider.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

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23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Elizabeth Perez, Facilities Manager
Finance Department
City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Brian Gustavson, Project Manager ACCO Engineered Systems, Inc.
2393 Teller Road, #104
Newbury Park, CA 91320

24. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

ACCO ENGINEERED SYSTEMS, INC.
________________________________
Hugh Palmer, Risk Manager - Contracts
________________________________
Tom E. Reynolds, Vice President
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Laura B. Maguire, City Clerk Kevin McNamee, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.10D

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EXHIBIT A

SCOPE OF WORK
Services will include all parts and labor, online service, emergency repairs, predictive and preventative maintenance, and a designated number of on-site visits per year in accordance with negotiated agreement and scope of work.

PREVENTATIVE MAINTENANCE
General Requirements
Service Provider will provide the following:

1. Inspections in the form of non-destructive testing, vibration testing, and noise monitoring, chemical analysis as well as routine visual inspections shall be performed to ensure that the maintained system(s) are in proper operating condition and to identify any potential system(s) failures.

2. Preventive Maintenance work in conjunction with Predictive Maintenance shall be performed to detect early signs of deteriorating performance and to predict potential system(s) failures. Refer to manufacture’s equipment Operation & Maintenance Manuals for any maintenance clarifications and recommendations.

3. All work shall be performed between the hours of 7:00 a.m. and 4:30 p.m.

Monday through Friday. Typically, after-hours and holiday work will be limited to emergency situations unless authorized by the City.

4. On-call services 24 hours per day, 7 days per week, 52 weeks per year- including holidays- to minimize downtime and inconvenience to building users.

City desires an emergency on-site response within 4 hours upon notification by City of Thousand Oaks.

5. Account management to coordinate the execution of these services, including scheduling of technicians, materials, and parts. All regular service must be scheduled and approved with City staff a minimum of 48 hours in advance of technicians arriving on-site.

6. Account manager and vendor representatives as needed shall coordinate and participate in monthly meetings with City staff to review system status, outstanding repairs or recommended upgrades, and schedule of regular service. Quarterly meeting must be in-person meetings.

7. Prior to starting work, technicians must check-in with City staff to discuss any equipment or system issues and review equipment logs.

8. Equipment/mechanical rooms shall be left in the same clean condition as existed prior to start of the work.

9. Operator Coaching to ensure City staff gain full utilization of the mechanical systems and assist them in identifying, verifying, and resolving problems found Item No.10D

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in executing daily tasks. One hour of coaching to be conducted on normal business days and hours, during scheduled visits.

10.Provide written Service Report for services performed detailing the purpose of the service, summarizing the work that was performed, advise on equipment condition, and suggested follow-up that is needed.

11.Maintain on-site service logbooks for all major equipment. Legible handwriting in English is mandatory.

12.Annual preventive maintenance will be performed in accordance with a program of standard routines as determined by Service Provider's experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. Service shall be designed to optimize the reliability and efficiency of the equipment, extend the useful life of the equipment, and provide possible indications of excessive wear and damage to the maintained systems before a catastrophic failure occurs during the next operating season.

13.Provide recommendations for repairs and services that enhance equipment performance.

14.Maintain indoor air quality by providing and changing air filters to ensure proper flow through cooling and heating coils. Filters shall match existing rating with a minimum of MERV 10 unless unit operations dictate other specification. Filters shall be physically dated when changed. The equipment and filters included under this service are itemized in the Equipment List – Exhibit D. In the event the air filter material or cleaning is required more frequently than manufacturer’s recommendations, Service Provider shall make recommendations to the City for approval to adjust the frequencies and any associated cost. Proposal will include the cost of all filters per this schedule:
a. Air-handlers – four (4) times per year (in a 12-month period) b. VAV and Fan Coil units – Two (2) times per year (in a 12-month period).

Supplies:

All required supplies for maintenance work such as lubricants, coil cleaning solutions, chemicals, rags, oils, air filters, etc. shall be included.

On-site Response Time and Call Windows:

Service Response
Response time to be on-site for
critical components 4-hour maximum response
Response time to be on-site for
non-emergency Next business day response
Hours of PM Service Normal Business hours
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Dispatch availability 24/7
Software Updates Free manufacturer’s upgrades included
Operator Coaching Included
Preventative Maintenance Task Lists:

The frequency and specific tasking for the maintenance will meet or exceed the below scope by utilizing standard ACCO tasking for specific equipment types.

Chillers
Schedule: Quarterly Service (4) times per year

1. Run unit: check operation, control panel/controls, pressures and safeties.

Calibrate as needed.

2. Visually inspect condition (signs of heat or discoloration) and operation of magnetic starters (i.e., compressor motor, oil pump motor, oil heater).

3. Visually inspect compressors.

4. Check and record voltage and amperage on all motors. Report any abnormalities.

5. Check and record level of oil.

6. Conduct operating leak test of unit.

7. Provide log and service report including but not limited to levels of the following which are not in optimal operating ranges: compressor motor amperage, in/out chilled & condenser water pressure & temperatures, oil, suction & discharge pressure, refrigerant temperature/pressure relationship, and refrigerant condensing, oil reservoir, bearing and motor temperatures.

8. Air-cooled Chillers
a. Check the surface of the air-cooled condenser coil for dirt and debris.

Wash Coils. (annually or as needed)
b. Verify the To-Process temperature is reasonably close to the Set Point temperature.
c. Check all condenser fan blades for cracks or wear (air-cooled chillers). d. Check the pump discharge pressure on the HMI. Investigate further if the pressure starts to stray away from the normal operating pressure. e. Check the coolant level in the reservoir. Replenish if necessary, making sure to maintain the appropriate freeze protection for minimum set point temperature the unit will run.
f. Check the coolant circulation pump for leaks in the seal area. Replace pump seal if necessary.
g. Check the incoming voltage to make sure it is within 10% of the design voltage for the chiller.

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h. Check the amp draws to each leg of the compressor (fans or blowers on air-cooled units) and pump(s) to confirm they are drawing the proper current.
i. Ensure the variable speed drive remains dust-free (units with a variable- speed compressor. Check the heat sink of the drive and make sure it and the ventilation fan are not gathering dust. Gently clean as necessary.
j. Units are equipped with a Y-strainer between the return connection and the evaporator inlet. Remove and clean the strainer basket if necessary.

Chillers
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. Advise City on condition of unit before starting shutdown inspection.

2. Provide vibration measurement on compressor.

3. Verify operation of oil heater thermostat.

4. Leak test chiller prior to performing repairs or service on chiller. Advise on condition. Leak test to be performed in compliance with SCAQMD rule 1415 and section 608 of the clean air act by a certified auditor. Provide to City record keeping form of audit. Remove refrigerant sample for analysis. Change filtration elements in oil circuits where applicable (supply filters and driers).

5. Oil recovery filter(s) or strainer(s): Change filtration elements in refrigerant circuit where applicable (filters & drier cores).

6. Check and calibrate control switches, pressure and temperature.

7. Refrigerant Oil Analysis - Service Provider shall perform spectra chemical refrigerant oil analysis and trend oil condition to identify contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. Based on the oil analysis results, Service Provider shall recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of the chiller plant.

8. Oil Acid Test - Provide an on-site oil acid test on reciprocating compressor(s) to test for the presence of harmful acids in the oil and refrigeration circuit from either previous leaks or other system problems and provide immediate feedback on the condition of both the oil and the refrigerant in the system.

9. Perform controls test.

10.Check all gauges and thermometers.

11.Leak test after completion of work.

12.Inspect, disassemble as necessary, clean and tighten all electrical connections on the following: compressor and oil pump motor magnetic starter and chiller control panel.

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13.Check and record voltage and amperage on all motors in above item and record.

14.Perform Megger Test on all motors above item and record.

15.Isolate and drain condenser tube bundle.

16.Remove water box cover and inspect condition of tubes and crown sheet.

17.Remount water box cover and refill tube bundle.

18.Start chiller and trim refrigerant charge.

19.Check operation of chiller, operating controls and slide valve.

20.Check operation of control module.

21.Check chilled water set point.

22.Check full load amperage calibrations.

23.Check demand limit set point.

24.Perform eddy current analysis and provide report.

25.Brush and flush of condenser tubes.

Chillers – Additional Services
Additional Services will be completed on an as needed or requested basis, approved in writing prior to work being completed and will be invoiced separately (not included in base contract Scope of Work). Additional Services may include, but are not limited to:

1. Rydlyme cleaning of tube bundles.

2. 5-year service.

Boilers
Schedule: Quarterly Service (4) times per year

1. Inspect unit for proper operation. Discuss any problems with City staff.

2. Visually inspect main burner flame through equipment viewport.

3. Check for any unusual noise or vibration.

4. Turn off and secure unit.

5. Inspect gaskets for any signs of leaks.

6. Examine the venting system.

7. Remove and/or inspect gas pilot assembly. Reinstall per manufacturer’s recommended specifications and tolerances.

8. Inspect circulating pumps for proper operation and lubricate.

9. Check flame safeguard control for pilot and main flame ignition.

10.Check operation of blower motor and circuitry.

11.Check operation of gas valves and vents.

12.Inspect and tighten all electrical connections.

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13.Check and adjust all limit pressure controls and running interlocks.

14.Check operation and adjust low water controls.

15.Check burner, pilot and main flame ignition.

16.Check and oil combustion air fan.

17.Inspect expansion tank.

18.Check and record all entering and leaving water temperatures and pressure.

Boilers
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. In addition to completing operational scopes above, perform the following tasks.

2. Turn off and secure Boiler.

3. Exercise all hand and auto valves. Report leakage, lack of sealing and resistance, wear or any unordinary condition.

4. Check all safety relief valves for proper operation.

5. Check Boiler circulating pumps for proper operation and lubricate.

6. Inspect and clean firebox area.

7. Inspect fire brick and insulation.

8. Inspect burner for damage and clean as necessary.

9. Fill unit to proper level and inspect unit for leaks.

10.Remove gas pilot assembly. Clean pilot assembly and install with accordance with factory recommended specifications and tolerances.

11.Check flame safeguard control for pilot and main flame ignition.

12.Check operation of gas valves and vents.

13.Check and adjust all boiler limit pressure controls and running interlocks.

14.Check burner, pilot, and main flame ignition.

15.Check and calibrate the Boiler/Burner for optimum air/fuel mixture and firing.

Fine tune and adjust to maximum efficiency level.

16.Examine the Boiler venting system and mechanically forced air venting systems if applicable. Check for proper operation and draft abnormality via Exhaust to set points and actual readings for the Variable Volume Boiler Exhaust Fans and the Boiler Flue damper control.

17.Check and inspect for proper flow rates across Boiler to insure design delta-T.

Cooling Towers/Fans
Schedule: Quarterly Service (4) times per year

1. Inspect the general condition of tower.

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2. Check unit for unusual noise and vibration.

3. Check for any exterior leaks.

4. Check and clean sump strainer.

5. Inspect tower's metal framework and interior/exterior surfaces.

6. Inspect tower fill, drift eliminators and louvers.

7. Inspect interior corrosion coating protection (as applicable).

8. Check, adjust and insure proper sump water level via fill controls.

9. Inspect heat transfer section and report on condition.

10.Inspect spray head nozzles and water/air distribution over fill.

11.Check and record motor voltage and current.

12.Check and adjust fan belt tension.

13.Check fan bearing locking collars.

14.Exercise all manual and auto valves at routine intervals, report leakage, lack of sealing, and resistance or wear.

15.Check oil level in gear box and add when necessary.

16.Lubricate fan shaft and motor bearings.

Cooling Towers/Fans & Evaporative Condensers
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. Lubricate fan and motor bearings per manufacturer's recommendation.

2. Check belts, motor pulley, and motor mounts. Adjust as required.

3. Inspect electrical connections, contactors, relays and operating/safety controls.

4. Check electrical resistance of fan motors with megohmmeter.

5. Inspect motor operating conditions.

6. Clean float valve assembly and check for proper operation.

7. Remove all debris from within and around unit and flush as required.

8. Check and clean strainers, bleed overflow and drain.

Air-handlers
Schedule: Quarterly Service (4) times per year

1. Visually inspect for leaks.

2. Inspect and tighten electrical connections, contactors, relays, and operating/safety controls on unit and VFD.

3. Starter Panels and Disconnects: Inspect contactors and points; identify signs of heat or discoloration.

4. Visually inspect TXV's.

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5. Check and test all operating and safety controls per circuit.

6. Verify capacity control response. Verify all sensors and safety devices are operational. Examine loading and unloading.

7. Characteristics to identify that the operation matches the design criteria.

8. Inspect all operating temperatures and motor amps. Check all fan assembly(s) for unusual noise, vibration and belt tension.

9. Lubricate fan and motor bearings.

10.Check belts and sheaves for alignment.

11.Check motor mounts and vibration pads, adjust as required.

12.Check motor operating conditions.

13.Lubricate, stroke and adjust associated dampers and linkage and controls.

14.Check all fan operations and ducts at point of connection to the unit for significant air leakage.

15.Check inlet guide vanes or VFD's for proper operation.

16.Check and clean drains and condensate drain pans.

17.Check for unusual noises, vibration, and smell.

18.Check all interior cabinet insulation for loose or failed panels.

19.Check and scroll through unit controller for proper visual display and alarm history.

20.Valves: Exercise all hand and auto valves at routine intervals (2 times per year), report leakage, lack of sealing, resistance or wear.

21.Vibration analysis for motors 15 HP or greater (1 times per year).

22.Add biocide tablets to condensate pans as needed, but at a minimum of (1) time per year.

Package Units
Schedule: Quarterly Service (4) times per year

1. Energize Crankcase heater per manufacturer's recommendation for warm-up.

2. Replace owner supplied filters.

3. Visually inspect for leaks.

4. Inspect operation of hot gas by-pass.

5. Inspect and tighten electrical connections, contactors, relays, and operational/safety controls on unit and VFD.

6. Starter Panels and Disconnects: Inspect contactors and points; identify signs of heat or discoloration.

7. Check compressor oil level.

8. Visually inspect TXV's.

9. Check and test all operating and safety controls per circuit.

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10.Verify capacity control response. Verify all sensors and safety devices are operational. Examine loading and unloading characteristic to identify that the operation matches the design criteria.

11.Check all fan assembly(s) for unusual noise, vibration and belt tension.

12.Lubricate fan and motor bearings per manufacturer's recommendations.

13.Check belts and sheaves for alignment.

14.Check motor mounts and vibration pads. Adjust as required.

15.Check motor operating conditions.

16.Lubricate, stroke and adjust associated dampers and linkage and controls.

17.Check all fan operations and ducts for significant air leakage.

18.Check inlet guide vanes or VFD's for proper operation.

19.Check and clean drains and condensate drain pans.

20.Check for unusual noises, vibration, and smell.

21.Check all interior cabinet insulation for loose or failed panels.

Variable Air Volume (VAV) Units
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. Verify operation of units.

Variable Frequency Drives (VFD)
Schedule: Annual Service (1) time per year

1. Check for normal operation.

2. Check LED displays for proper operation.

3. Check and scroll through alarm history.

4. Check cooling fan.

5. Check resistive cabinet heater.

6. Check and replace inlet air filter, if required.

7. Check for any unusual noise and vibrations.

8. Inspect and tighten all nuts, bolts and retaining devices on mechanical assemblies and mounting brackets.

9. Verify all electrical connections are inspected and tightened to proper torque settings.

10.Using compressed high-pressure nitrogen, blow out and remove all dirt and dust that has penetrated the unit interior or has accumulated on the processor boards.

11.Verify and record all inverter settings.

12.Verify and record all internal power supplies and logic outputs.

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13.Check proper operation of D.C. Buss Capacitors.

14.Check all external controls related to the operation of the inverter.

15.Record all voltages and amp readings.

16.Verify proper stepping of drive at 25%, 50%, 75%, and 100%.

Pumps
Schedule: Annual Service (1) time per year

1. Check for normal and proper operation.

2. Lubricate pump bearings per manufacturer's recommendations.

3. Lubricate motor bearings per manufacturer's recommendations.

4. Tighten all nuts and bolts.

5. Check for any unusual noise or vibrations.

6. Check motor mounts and vibration pads. Replace and adjust when authorized.

7. Visually check pump alignment and coupling.

8. Check motor operating conditions.

9. Inspect and tighten any and all electrical connections. Open up pecker head.

10.Inspect starter panels and disconnects.

11.Inspect contactors and points; identify signs of heat or discoloration.

12.Inspect mechanical seals.

13.Inspect pump packing.

14.Verify gauges for proper operation and accuracy.

15.Check and record voltages and amp motor.

16.Meg motors and record.

17.Valves: Exercise all hand and auto valves at routine intervals, report leakage, lack of sealing, and resistance or wear.

18.Pumps 15 HP or greater include vibration analysis.

Exhaust Fans
Schedule: Annual Service (1) time per year

1. Confirm fan operation.

2. Record motor amps and voltage.

3. Inspect overall condition.

4. Check bearing temperature.

5. Check belt tension and condition (replace if needed).

6. Replace belts minimum one (1) time per year.

7. Check for pulley wear.

8. Check belt alignment.

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9. Lubricate per OEM recommendations.

10.Visually inspect motor and replace belt.

11.Inspect blades and mounting hardware

12.Inspect electrical.

Split-system Air-cooled Condensing Units
Schedule: Quarterly Service (4) times per year

1. Review manufacturer's recommendation for start-up.

2. Energize crankcase heater per manufacturer's recommendation for warm-up.

3. Visually inspect for leaks.

4. Inspect electrical connections, contactors, relays, and operating/safety controls.

5. Check vibration eliminators.

6. Check compressor oil level. If applicable.

7. Check and test all operating and safety controls.

8. Check operating conditions. Report any abnormalities.

Split-Systems
Schedule: Annual Service one (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. Enter OEM specifications into handheld device for operating status.

2. Review current evaporator temperature, superheat, sub-cooling, and condenser temperatures.

3. Replace filters.

4. Clean evaporator coil (freshwater rinse only).

5. Chemically clean condenser coil with environment friendly "green" cleaner.

6. Take MEGOHM readings from all motors.

7. Replace contractor supplied fan belt.

8. Determine if air side and/or refrigerant side adjustments are required.

9. Airside Adjustments: Pulley adjustments, belts, and dampers.

10.Refrigerant Adjustments: Charge adjustments, TXV calibration, and refrigerant drier or system restriction identification.

Packaged Air-conditioning Units/Heat Pumps
Schedule: Quarterly Service (4) times per year

1. Lubricate fan bearings per manufacturer’s recommendation.

2. Lubricate motor bearings per manufacturer’s recommendation.

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3. Check belts and sheaves. Replace belts annually, a minimum of (1) time per year.

4. Check coils for visible signs of leaks.

5. Lubricate and adjust dampers and linkages if applicable.

6. Check and clean drain-pan and clear condensate drain lines.

7. Check motor operating conditions.

8. Inspect electrical connections, contactors, and relays.

9. Inspect all temperature, safety, and operational controls.

10.Start compressor. Check operating conditions and report any abnormalities.

11.Secure unit panels and inspect roof curb flashing.

12.Check for gas leaks.

13.Inspect pilot and clean pilot orifice if applicable.

14.Inspect and clean flame sensor.

15.Inspect hot surface igniter if applicable.

16.Verify operation of all safety limit and operating controls.

17.Inspect flame condition.

18.Clean condenser coils annually.

19.Inspect filters and change quarterly. Write date of filter install directly on filter.

VRF (Variable Refrigerant Flow) Unit
Schedule: Quarterly Service (4) times per year
Complete maintenance per manufacturer’s recommendations, including:

1. Check filters quarterly and change filter (2) times per year.

2. Check and clean chilled water strainers.

Water-cooled (DX) CRAC*
Schedule: Quarterly Service (4) times per year

1. Lubricate fan and motor bearings.

2. Check belts and sheaves. Adjust as needed.

3. Check coils for visible signs of leaks.

4. Check and clean drain pan and clear condensate drain lines.

5. Check motor operating conditions.

6. Inspect electrical connections, contactors, relays, and operating/safety controls.

7. Check compressor oil level. Check crankcase heater operation.

8. Start compressor. Check operating conditions and report any abnormalities.

9. Check water in and out temperatures.

10.Secure unit panels.

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11.Inspect all temperature, safety, and operational controls.

12.Inspect humidifier operation.

13.Operate humidifier drain and fill controls and check for proper operation.

14.Inspect humidifier canister (canister style only).

15.Inspect infrared bulb condition (infrared style only).

16.Remove humidifier pan and clean annually (infrared style only).

17.Inspect filters and change per filter schedule.

Water-cooled (DX) CRAC* Unit
Schedule: Annual Service (1) time per year

1. Replace belts.

2. Clean strainers.
*CRAC = Computer Room Air-Conditioning
Heaters
Schedule: Quarterly Service (4) times per year

3. Leak test pilot gas train (soap test or equivalent).

4. Inspect pilot and clean pilot orifice.

5. Test combustion airflow safety circuit.

6. Verify operation of high operating limit controls.

7. Verify operation of operating controls and air proving switch.

8. Inspect flame condition.

Packaged Variable Air Volume Systems
Schedule: Annual Service (1) time per year

1. In addition to completing operational scope, perform the following tasks.

2. Connect diagnostic tool to unit.

3. Enter OEM specifications into handheld device for operating status.

4. Review current evaporator temperature, superheat, sub-cooling, and condenser temperatures.

5. Replace filters.

6. Clean evaporator coil (freshwater rinse only).

7. Chemically clean condenser coil with environment friendly “green” cleaner.

8. Take MEGOHM readings from all motors.

9. Replace fan belt if required.

10.Reconnect diagnostic tool to unit and analyze information.

11.Determine if airside and/or refrigerant side adjustments are required.

12.Airside Adjustments: Pulley adjustments, belts, and dampers.

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13.Refrigerant Adjustments: Charge adjustments, TXV calibration, and refrigerant drier or system restriction identification.

Fan Coils Service – Split System Units
Schedule: Quarterly Service (4) times per year, except as noted below:

1. Inspect motor. Clean and lubricate contingent on accessibility.

2. Lubricate fan bearings.

3. Inspect coil(s) for leaks dependent on accessibility.

4. Inspect drain pan or pipe and clean as required.

5. Inspect belt and adjust tension. If applicable.

6. Inspect electrical connections, contactors, relays, and operating/safety controls.

7. Change filters per filter schedule in the Equipment List- Exhibit D.

8. Fan Coil service for water-cooled units include filter changes (2) times per year.

Fan Coil Units
Schedule: Annual Service (1) time per year

1. Verify operation of units.

2. Replace filters and belts.

3. Add biocide tablets to condensate pans as needed, but at a minimum of one (1) time per year.

Split System – Air Cooled Condensing Units
Schedule: Quarterly Service (4) times per year

1. Review manufacturer’s recommendation for start-up.

2. Energize crankcase heater per manufacturer’s recommendation for warm-up.

3. Visually inspect for leaks.

4. Inspect electrical connections, contactors, relays, and operating/safety controls.

5. Check vibration eliminators.

6. Check compressor oil level. If applicable.

7. Check and test all operating and safety controls.

8. Check operating conditions. Report any abnormalities.

9. Clean Condenser coils annually.

Computer Room Air Conditioning (CRAC) Unit - Air Cooled Condenser (DX) Schedule: Quarterly Service (4) times per year

1. Review manufacturer’s recommendation for start-up.

2. Visually inspect for leaks.

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3. Visually inspect condition of coil.

4. Inspect electrical connections, contactors, relays, and operating/safety controls.

5. Check vibration eliminators.

6. Clean Condenser coils annually.

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EXHIBIT B

FEE SCHEDULE
Facility Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Total
Civic Arts Plaza $ 90,312 $ 93,020 $ 95,808 $ 279,140
Transportation Center $ 2,260 $ 2,340 $ 2,420 $ 7,020 Grant R. Brimhall Library $ 30,236 $ 31,140 $ 32,072 $ 93,448 Newbury Park Branch Library $ 8,828 $ 9,124 $ 9,424 $ 27,376 Goebel Adult Community
Center $ 8,596 $ 8,852 $ 9,116 $ 26,564
Fiore Teen Center $ 9,080 $ 9,352 $ 9,632 $ 28,064 401 Hillcrest Dr
National Park Service $ 11,360 $ 11,696 $ 12,044 $ 35,100 403 Hillcrest Dr – Conejo
Recreation and Parks District $ 15,824 $ 16,296 $ 16,784 $ 48,904 Child Care Center $ 4,896 $ 5,044 $ 5,192 $ 15,132 3 -Year Scheduled Service and Maintenance Total $ 560,748 Reserve* $ 1,000,000
Estimated Cost For Optional Contract Years 4 and 5** $ 402,482 Total Contract Not-to-Exceed $ 1,963,230
*Reserve to be used as described in Section 3(d) of Agreement. Available Reserve funds may also be used to cover Optional Years 4 and 5 extensions if necessary. **Estimated costs based on current escalation. Actual amounts may be higher, but must be approved by City in writing and must be within the current not-to-exceed amount.

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EXHIBIT C

HOURLY LABOR RATES & FEES
The following standard labor rates and material prices shall apply for any work quoted outside of the standard preventative maintenance service.

Hourly Labor Rates: Cost
•HVAC Service Technicians $ 163 per hour
•Controls Technicians $ 180 per hour
•Chiller Technicians $ 193 per hour
•Overtime $ 244 per hour
•Sundays & Holidays $ 244 per hour - Sundays
$ 326 per hour - Holidays
Miscellaneous Fees: Cost
•Truck Charge $ 100
•Material Mark Up OH 10% plus Profit 15%
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EXHIBIT D

EQUIPMENT LIST
CIVIC ARTS PLAZA - 2100 E. Thousand Oaks Blvd., Thousand Oaks Item System Make Model # Serial # Qty Description Location 1 AHU 1 PACE PF-40-AF-SWSI 92-71236-01 1 Air-handler 2nd FL. Mechanical Rm. 2 AHU 8 Carrier 39LC1061CA1026-L 2793T40073 1 Air-handler 2nd FL. Mechanical Rm. 3 AHU 2 PACE PF-30-AF-SWSI - 1 Air-handler 2nd FL. Mechanical Rm. 4 AHU 3 PACE PF-20-AF-SWSI - 1 Air-handler 2nd FL. Mechanical Rm. 5 AHU 7 CARRIER 39NXH49 3NVL387B 3193T38573 1 Air-handler 2nd FL. Mechanical Rm. 6 CHILLER MULTISTACK MS0332FC1M3W2H1CC28LL-
R134A AI09-115 1 225 Ton Turbo-core 2nd FL. Mechanical Rm. 7 CHILLER MULTISTACK MS0332FC1M3W2H1CC28LL-
R134A - 2 225 Ton Turbo-core 2nd FL. Mechanical Rm.
8 AHU 5 PACE PF-27-AF-SWSI - 1 Air-handler 1st FL. Mechanical Rm. 9 AHU 4 PACE - - 1 Air-handler 1st FL. Mechanical Rm.
10 AHU 9 CARRIER 39NVH743NVL3874 - 1 Air-handler 1st FL. Mechanical Rm. 11 AHU 10 CARRIER 39NVH743NVL3874 3193T38575 1 Air-handler 1st FL. Mechanical Rm. 12 AHU 6 PACE PF-20-AF-SWSI - 1 Air-handler Kavli Balcony Mech Rm. 13 AHU 11 CARRIER 39-FL-06-AA40075 279340074 1 Air-handler 3rd FL. Pool Eq/Mech. Rm. 14 AHU 12 CARRIER 39-LF1063AB1026-L 2793T40025 1 Meeting Room Fan Coil 3rd FL. Pool Eq/Mech. Rm.
15 AHU 13 CARRIER 39NXH49 3NVL387B - 1 Air-handler Kavli Balcony Mech. Rm. 16 AHU 14 CARRIER - - 1 Meeting Room
Fan Coil 3rd FL. Pool Eq/Mech. Rm.
17 Boiler 1 Aerco BMK 2000 G-19-1433 1 Boilers 2nd FL. Boiler Rm. 18 Boiler 2 Aerco BMK 2000 G-19-1434 1 Boilers 2nd FL. Boiler Rm. 19 Boiler 3 Aerco BMK 2000 G-19-1435 1 Boilers 2nd FL. Boiler Rm. 20 CT Evapco LSTA-10-121 936437W 1 Cooling Tower Cooling Tower Enclosure 21 CT Evapco LSTA-10-121 936436W 1 Cooling Tower Cooling Tower Enclosure 22 P1 - 11 B & G - - 11 Pumps Throughout facility
23 FC 1 - 84 84 Fan Coils Throughout facility
24 EF 1 - 31 31 Exhaust Fans Throughout facility
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25 VFD 1 -
31 31 Variable Frequency
Drives Throughout facility
26 VAV's 120 Variable Air Volume
Units Throughout facility
27 VRF Dakin FXTQ60TAVJUAAB
1907107-
146, 148,
148, 152
4 Computer Room A/C
Unit Computer Server Room
28 VRF Dakin RWEQ96TAYDU 6 VRF Heat Pump 2nd FL Mechanical Rm. 29 VRF LG ARWN144DAS4 1 VRF Heat Pump 2nd FL Mechanical Rm. 30 VRF
FCU Dakin FXMQ72MVJU 2 VRF Fan Coil Phone Room
31 VRF
FCU Dakin FXTQ60TAVJUA 2 VRF Fan Coil Print Shop
32 VRF
FCU Dakin FXMQ54PBVJU 2 VRF Fan Coil Maintenance Shop
33 AC1 Package Unit (<3 Ton) Parking Structure Elev.

Mech. Room
34 AC2 Package Unit (5 Ton) Kavli Backstage Amp Room

FILTERS
Size Type Quantity
1 16 X 25 X 2 Pleated 58
2 16 X 20 X 2 Pleated 62
3 24 X 24 X 2 Pleated 22
4 12 X 24 X 2 Pleated 12
5 21 X 26 X 1 Disposable 2
7 24 X 24 X 12 Box 12
8 12 X 24 X 12 Box 6
9 20 X 20 X 2 Pleated 2
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TRANSPORTATION CENTER - 265 S. Rancho Rd., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location 1 AC1 Carrier 50XZ - 5 ton 1 Packaged AC Heat pump Roof top 2 AC2 Carrier 50XZ - 5 ton 1 Packaged AC Heat pump Roof top 3 Split Mitsubishi MSZ-H-M15NA 1 ton 1 Split Air-cooled Condensing Unit Throughout Building

FILTERS
Size Type Quantity
1 12 X 20 X 1 Pleated 2
2 12 X 24 X 2 Pleated 3
3 Washable
NEWBURY PARK BRANCH LIBRARY - 2331 Borchard Rd., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location 1 B1 Raypak H3-0652B 329510 650K BTU 1 Boiler Mechanical Room 2 C1 Carrier 30RAP06056A00100 4911Q43885 56 ton 1 Air-cooled scroll chiller 30RAP Exterior Mech. Cage 3 AH1 York CS490SVAF 90-931766A 1 Air handler Mechanical Room 4 AC1 Trane TWE120D300AA 11333PAXBA 7.5 ton 1 Split-system Unit Wall mount 5 Pump 5 HW/CW Circulation Pumps Mechanical Room
6 EF 3L-200 4 Exhaust fans Roof
7 VFD 3 Variable Frequency Drives Throughout Building
8 VAV 14 Variable Air Volume Units Throughout Building

FILTERS
Size Type Quantity
1 20 x 25 x 2 Pleated 24
GRANT R. BRIMHALL LIBRARY - 1401 E. Janss Rd., Thousand Oaks Item No.10D

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Item System Make Model # Serial # Size Quantity Description Location 1 Chiller York YCWL0132SE 2NYM018599 30 ton 1 RTUA Screw chiller Mech. Room 2 Pumps Blador NA NA 15 HP 6 Circulation pumps Mech. Room 3 B1&2 Raypak B1&B2: HC-0902B B1: 1210347525
B2: 1210347524 850K BTU 2 Boilers Mech. Room
4 CT1 Evapco LRT563 4118338 30 ton 1 Cooling tower Mech. Pad 5 AHU Carrier 39ED48 0481D23659 NA 2 Air handlers Mech. Room 6 AHU Carrier 39ED18 804623661 NA 1 Air handler Mech. Room 7 A/C Carrier FB4ANF060 0998A16061 5 ton 1 Split system Data room 8 A/C Carrier FB4CNP060
FB4CNP048
1915A86752
0615A88955 5 ton 2 Split systems heat
pumps Archive
9 A/C Trane SCWFNC 042 BOJKAU305 40 ton 1 Package unit Mech. Room 10 B3 Lochinvar
(Copper Fin) M-CHN651 NA 650K BTU 1 Boiler Roof
11 CT2 Evapco LSWE45U12 12514723 60 tons 1 Cooling tower Main Lib Roof 12 A/C Trane 2TTA2036A4000AB 51458BL3F 3 tons 1 Split system Roof 13 AHU Fan coil NA NA NA 16 Fan coil units Throughout Building 14 A/C EBP1800B A030370100 1 (1) A/C Unit Mail Room
15 Pumps Armstrong 3-7.5HP 6 Circulation Pumps
16 EF 5 Exhaust Fans Throughout Building
17 Comp 1 Air Compressor, Drier
18 EC 1 Evaporative Condenser
19 Fan 1 Return Fan
20 Filter 1 Sand Filter
21 VFD ABB 5 Variable Freq. Drives
22 A/C Mitsubishi PUHY-P120YJMU-A 17W00352 4 Split System Roof 23 Heat
Pump Trane TWE042P30B0 5292WHN1V 1 Heat Pump Children's Activity Room

FILTERS
Size Type Quantity
1 20 X 20 X 1 Disposable 6
2 20 x 25 x 2 Pleated 60
GOEBEL ADULT COMMUNITY CENTER - 1385 E. Janss Rd., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location Item No.10D

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1 AC1 Carrier 48PGDC08BM 3907G100036 7.5 ton 1 Gas/Electric package unit Roof 2 AC2 Carrier 48LC5B26C6D6A1ROBO 3216P17974 20 ton 1 Gas/Electric package unit Roof 3 AC3 Carrier 48PGDC28HM-60-BD 3907G100035 25 tons 1 Gas/Electric package unit Roof 4 AC4 Carrier 48PGDC08BM-60-BD 4007G50005 7.5 1 Gas/Electric package unit Roof 5 B1 Raypak H8-0992B 0709271087 800K
BTU 1 Gas Fired Boiler Roof
6 Fans Loren/cook - - 1.5 hp 4 Exhaust fans Roof
7 Pumps 2 Circulation Pumps
8 MAU 1 Make-up Air Unit Decommissioned
(replacement Spring 2019)
9 Zones 25 DDC Controls
Filters
Size Type Quantity
1 20 x 25 x 2 pleated 23
2 16 x 25 x 2 pleated 9
FIORE TEEN CENTER - 1375 E. Janss RD., Thousand Oaks
Item System Make Model # Serial # Size Quantity Description Location 1 AC1 Carrier 48AKD36LQ 3907U30476 30 ton 1 Gas/Electric Package unit Roof 2 AC2 Carrier 48PGD28HR 3907G10034 25 ton 1 Gas/Electric Package unit Roof 3 Boiler Raypak 271088 709271088 500K btu 1 Gas fired Boiler Roof 4 Pumps Blador NA NA 2 Circulation pumps Roof
5 Exhaust
Fans Loren/Cook NA NA 1 hp 4 Exhaust fans Roof
6 Zones 11 Thermostats Throughout Building

FILTERS
Size Type
1 20 x 25 x 2 Pleated 18
2 20 x 25 x 4 Pleated 20
NATIONAL PARK SERVICE - 401 W. Hillcrest Dr., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location 1 C1 Carrier 30GX 125 620KE 1398F33492 120 ton 1 Air Cooled Chiller Exterior Mech. Enclosure Item No.10D

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2 AHU Carrier 39TH74JA-G4JLDP-A 1398F33803 - 1 Air handler Mech. Room 3 B1 Teledyne PH1010IN09H1ACLW C98B00549 1M btu 1 Gas-fired Boiler Mech. Room 4 Pumps 4 Circulation Pumps
5 VFD 2 Variable Freq. Drives
6 CRAC Carrier 1 Computer Room AC Unit Computer Equipment Room 7 EF 1 Exhaust Fan
8 Zones 43 Thermostats Throughout Building

FILTERS
Size Type Quantity
1 16 x 25 x 2 Pleated 28
2 20 x 25 x 2 Pleated 28
CHILD CARE CENTER - 110 S. Conejo School Rd., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location 1 AC1 Bryant 597CN060 4498E00899
5 ton 6
Split System Heat
pump Exterior pads
2 AC2 Bryant 597CN036 4498E00899
3 ton 5
Split System Heat
pump Exterior pads
3 Zones 11 Thermostats Throughout Building

FILTERS
Size Type Quantity
1 20 x 20 x 1 Disposables 11
CONEJO RECREATION AND PARKS DISTRICT - 403 W. Hillcrest Dr., Thousand Oaks Item System Make Model # Serial # Size Quantity Description Location 1 AHU 1 Trane MM-AAOF-06 KO1J34682C
(2C through 9C) - 1 Air Handler Mech. Room
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2 AHU 2 Trane 5VX580 KO1J34669C
(9C through 75C) - 1 Air Handler Mech. Room
3 CT Evapco MD LSCR 135 T020351 135
Ton 1 Cooling tower pkg. unit Exterior Mech. Enclosure
4 CH Trane RTUA1004XEO1X3DOV U02C03698 1 RTUA screw chiller Exterior Mech. Enclosure 5 P1-4 B & G 4 Circulating Pumps Exterior Mech. Enclosure 6 B1 Laars PH101OIN21KNABXX C01107013 1M
BTU 1 Boiler Mech. Room
7 FC 7 Fan Coil Units Throughout Building
8 EF1-3 3 Exhaust Fans Roof
9 EF4-9 6 Exhaust Fans Ceilings throughout
10 VFD 4 Variable Frequency Drives Throughout Building 11 Zones 33 Thermostats Throughout Building

FILTERS
Size Type Quantity
1 16" x 25" x 2" Pleated 22
2 20" x 25" x 2" Pleated 16
3 20" x 20" 2" Pleated 2
4 16" x 25" x 1" Pleated 1
5 12" x 25" x 1" Pleated 1
Other City-owned Equipment
The following units will not have reoccurring preventative maintenance, but are included for repairs and services as-needed as additional services.

1. Parking Structure at the Civic Arts Plaza - Elevator Room wall unit.

2. 1934, 1938 and 1948 E. Thousand Oaks Blvd. - various small roof-top and wall units.

3. Civic Arts Plaza Kavli Theatre Stage Amp Room - Ductless Split Unit.

Item No.10D

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Project Name: Building Mechanical Systems Services at
Municipal Service Center and Hill Canyon Treatment Plant

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY THIS AGREEMENT made and entered into this 26th day of April, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and MESA ENERGY SYSTEMS, INC., DBA EMCOR SERVICES MESA ENERGY (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A”, and incorporated herein: mechanical equipment preventative maintenance services, repairs, and replacements for the equipment listed in each location per Exhibit “D”.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $558,854 (herein "not to exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the schedule listed in Service Provider’s Schedule of Fees, set forth in Exhibit “B”. All other work to be billed at the rates listed in Exhibit “C” or by negotiated lump sum.

ATTACHMENT #5
Item No.10D

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(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
(d) Reserve. Additional work reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “C” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit.
(e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “C”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Elizabeth Perez, Facilities Manager.

Item No.10D

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Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider may be obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work may be subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5., unless specific Work Authorization is exempt. Service Provider’s DIR registration number is 1000002425. Service Provider’s CA state contractor’s license number is 611215.

Item No.10D

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Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data, and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on April 30, 2026, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date.

If work has not been completed during the allotted Agreement period, the terms, and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

City Manager shall have the authority to extend the term of this Agreement in writing no more than two (2) separate times, for a period of one (1) year each. Extensions shall be memorialized by written amendment to the contract.

Item No.10D

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7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.

Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Item No.10D

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(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury, and property damage, including with limitation, blanket contractual liability. (b).Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c).Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease.

Service Provider 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 for all work performed by Service Provider, its employees, agents, and subcontractors.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Item No.10D

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Additional Insured Status
City, its elected officials, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. 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 City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

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volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees, or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees, or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Item No.10D

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Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

10. RELATION OF THE PARTIES
(a) Service Provider is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees, or agents of the City. Service Provider shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.

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13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished, or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors and agents and for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors and agents.

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15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage, or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

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22. PARTIAL INVALIDITY
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.

23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Elizabeth Perez, Facilities Manager
Finance Department
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Henry Stearns, Branch Manager
EMCOR Services Mesa Energy
861 Lawrence Dr
Thousand Oaks, CA 91320

24. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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(c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

MESA ENERGY SYSTEMS, INC., DBA

EMCOR SERVICES MESA ENERGY
_______________________________
Ron Hickey, Executive Vice President
_______________________________
Steve Hunt, Chief Financial Officer
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Laura B. Maguire, City Clerk Kevin McNamee, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.10D

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EXHIBIT A

PREVENTATIVE MAINTENANCE
General Requirements
Service Provider will provide the following:

3. All work shall be performed between the hours of 7:00 a.m. and 4:30 p.m.

Monday through Friday. Typically, after-hours and holiday work will be limited to emergency situations unless authorized by the City.

4. On-call services 24 hours per day, 7 days per week, 52 weeks per year- including holidays- to minimize downtime and inconvenience to building users.

Emergency on-site response shall be within 4 hours upon notification by City.

7. Prior to starting work, technicians must check-in with City staff to discuss any equipment or system issues and review equipment logs.

8. Equipment/mechanical rooms shall be left in the same clean condition as existed prior to start of the work.

9. Operator Coaching to ensure City staff gain full utilization of the mechanical systems and assist them in identifying, verifying, and resolving problems found in executing daily tasks. One hour of coaching to be conducted on normal Item No.10D

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business days and hours, during scheduled visits.

11.Maintain on-site service logbooks for all major equipment. Legible handwriting in English is mandatory.

13.Provide recommendations for repairs and services that enhance equipment performance.

14.Maintain indoor air quality by providing and changing air filters to ensure proper flow through cooling and heating coils. Filters shall match existing rating with a minimum of MERV 10 unless unit operations dictate other specification. Filters shall be physically dated when changed. The equipment and filters included under this service are itemized in the Equipment List - Exhibit “D”. In the event the air filter material or cleaning is required more frequently than manufacturer’s recommendations, Service Provider shall make recommendations to the City for approval to adjust the frequencies and any associated cost. Proposal will include the cost of all filters per this schedule:
a. Air-handlers – four (4) times per year (in a 12-month period) b. VAV and Fan Coil units – Two (2) times per year (in a 12-month period).

Supplies:

All required supplies for maintenance work such as lubricants, coil cleaning solutions, chemicals, rags, oils, air filters, etc. shall be included.

On-site Response Time and Call Windows:

Service Response
Response time to be on-site
for critical components 4-hour maximum response
Response time to be on-site
for non-emergency Next business day response
Hours of PM Service Normal Business hours
Dispatch availability 24/7
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Software Updates Free manufacturer’s upgrades
included
Operator Coaching Included
Preventative Maintenance Task Lists:

The following task list represents minimum expectations for service. Tasks will vary depending on the specific make/model of equipment. Service Technicians shall follow manufacturers or industry standards, whichever is more frequently prescribed. Tasks may be specific to only certain pieces of equipment, and therefore are not required on others. Service Provider is required to use their expertise in providing the necessary tasks for comprehensive building mechanical preventative maintenance services.

Chillers (Hill Canyon York Screw-compression chiller)
Schedule: Quarterly Service (4) times per year

1. Check in with engineering department prior to performing work.

2. Run unit and check operation of chiller and all chiller controls. Advise on condition of unit.

3. Check all operating refrigerant pressures and temperatures, and record.

4. Check super heat and operation of expansion valves and/or flotronics.

5. Check operation of all capacity controls and operating controls.

6. Verify operation of cooler flow switch.

7. Check operation of all safeties and calibrate if applicable

8. Visually inspect condition and operation of the following magnetic starters. a. Compressor motor.
b. Chilled water pump motor.
c. Condenser fan motors.

9. Check and record voltage, amperage on the above motors and record. Report any abnormalities.

10.Check all gauges and thermometers for accuracy.

11.Check oil filter(s) for proper pressure drop.

12.Provide operating leak test of unit and advise on condition.

13.Provide service report and log on condition of unit to engineering maintenance department with any recommendations required to place unit in proper operational order.

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Chillers
Schedule: Annual Shutdown Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. Check in with engineering staff prior to performing work.

2. Run unit and check operating pressures, temperatures, amperages, and voltages.

Advise on condition of unit before starting shutdown inspection. a. Check all operating pressures and temperatures.
b. Check super heat and operation of expansion valves.
c. Check and set suction and/or temperature unloaders as needed. d. Check operation of hot gas by-pass valves and settings, if applicable. e. Check operation of all controls.
f. Verify operation of cooler flow switch.

3. Check operation of all safeties and calibrate if applicable.

4. Leak test chiller. Advise on condition.
a. Leak test of unit will be performed per compliance with SCAQMD rule 1415 by a certified auditor. Recordkeeping shall be the responsibility of the equipment owner or operator.
b. Provide recordkeeping form audit report on this equipment in compliance with SCAQMD rule 1415 and section 608 of the clean air act.

Note: All leaks not covered under this work scope should be repaired to conform with SCAQMD rule 1415.

5. Remove oil sample for analysis.

6. Check pressure drop across filtration elements in oil circuits, internal and external.

7. Check and calibrate all pressure and temperature controls, and record.

8. Check and calibrate all gauges and thermometers.

9. Inspect, disassemble as necessary, clean and tighten all electrical connections on the following:
a. Compressor motor magnetic starter(s)
b. Chiller control panel
c. Chilled water pump motor magnetic starter(s).
d. Condenser water pump motor magnetic starter(s).

10. Perform Megger test on all motors in above item and record.

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11. Check and record voltage and amperage on all motors in above item and record.

12. After completion of work, leak test unit to ensure leak tight integrity and evacuate to a dehydration vacuum as applicable.

13. Thoroughly clean air-cooled condenser with cleaning agent.

14. Start-up chiller, trim refrigerant charge, log and check operation. a. Check super heat and operation of expansion valve(s). b. Check and set suction and/or temperature unloader(s). c. Check operation of hot gas by-pass valve(s) and settings, if applicable. d. Check operation of all controls.

Chillers – Additional Services
Additional Services will be completed on an as needed or requested basis. They will be approved in writing prior to work being completed and will be invoiced separately (not included in base contract Scope of Work). Additional Services may include, but are not limited to:

1. Brush and flush of condenser tubes.

2. Rydlyme cleaning of tube bundles.

3. 5-year service.

Boilers
Schedule: Quarterly Service (4) times per year

1. Inspect unit for proper operation. Discuss any problems with City staff.

2. Visually inspect main burner flame through equipment viewport.

3. Check for any unusual noise or vibration

4. Turn off and secure unit.

5. Inspect gaskets for any signs of leaks.

6. Examine the venting system.

7. Remove and/or inspect gas pilot assembly. Reinstall per manufacturer’s recommended specifications and tolerances.

8. Inspect circulating pumps for proper operation and lubricate.

9. Check flame safeguard control for pilot and main flame ignition.

10.Check operation of blower motor and circuitry.

11.Check operation of gas valves and vents.

12.Inspect and tighten all electrical connections.

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13.Check and adjust all limit pressure controls and running interlocks.

14.Check operation and adjust low water controls.

15.Check burner, pilot and main flame ignition.

16.Check and oil combustion air fan.

17.Inspect expansion tank.

18.Check and record all entering and leaving water temperatures and pressure.

Boilers
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also the following:

1. In addition to completing operational scopes above, perform the following tasks.

2. Turn off and secure Boiler

3. Exercise all hand and auto valves. Report leakage, lack of sealing and resistance, wear or any unordinary condition.

4. Check all safety relief valves for proper operation.

5. Check Boiler circulating pumps for proper operation and lubricate.

6. Inspect and clean firebox area.

7. Inspect fire brick and insulation.

8. Inspect burner for damage and clean as necessary.

9. Fill unit to proper level and inspect unit for leaks.

10.Remove gas pilot assembly. Clean pilot assembly and install with accordance with factory recommended specifications and tolerances.

11.Check flame safeguard control for pilot and main flame ignition.

12.Check operation of gas valves and vents.

13.Check and adjust all boiler limit pressure controls and running interlocks.

14.Check burner, pilot, and main flame ignition.

15.Check and calibrate the Boiler/Burner for optimum air/fuel mixture and firing.

Fine tune and adjust to maximum efficiency level.

17.Check and inspect for proper flow rates across Boiler to insure design delta-T.

18.Check nitrite levels on closed loops.

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Air-handlers
Schedule: Quarterly Service (4) times per year

1. Visually inspect for leaks.

2. Inspect and tighten electrical connections, contactors, relays, and operating/safety controls on unit and VFD.

3. Starter Panels and Disconnects: Inspect contactors and points; identify signs of heat or discoloration.

4. Visually inspect TXV's.

5. Check and test all operating and safety controls per circuit.

6. Verify capacity control response. Verify all sensors and safety devices are operational. Examine loading and unloading.

7. Review characteristics to identify that the operation matches the design criteria.

8. Inspect and record all operating temperatures and motor amps.

9. Check fan assembly(s) for unusual noise, vibration and belt tension.

10.Lubricate fan and motor bearings.

11.Check belts and sheaves for alignment.

12.Check motor mounts and vibration pads, adjust as required.

13.Check motor operating conditions.

14.Lubricate, stroke and adjust associated dampers and linkage and controls.

15.Check all fan operations and ducts for significant air leakage.

16.Check inlet guide vanes or VFD's for proper operation.

17.Check and clean drains and condensate drain pans.

18.Check for unusual noises, vibration, and smell.

19.Check all interior cabinet insulation for loose or failed panels.

20.Check and scroll through unit controller for proper visual display and alarm history.

21.Valves: Exercise all hand and auto valves at routine intervals (2 times per year), report leakage, lack of sealing, resistance or wear.

22.Vibration analysis for motors 15 HP or greater (1 times per year).

23.Add biocide tablets to condensate pans as needed, but at a minimum of (1) time per year.

Variable Air Volume (VAV) Systems
Schedule: Quarterly Service (4) times per year

1. Energize Crankcase heater per manufacturer's recommendation for warm-up.

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2. Replace owner supplied filters.

3. Valves: Exercise all hand and auto-valves at routine intervals (2 times per year), report leakage, lack of sealing, and resistance or wear.

4. Visually inspect for leaks.

5. Inspect operation of hot gas by-pass.

6. Inspect and tighten electrical connections, contactors, relays, and operational / safety controls on unit and VFD.

7. Starter Panels and Disconnects: Inspect contactors and points; identify signs of heat or discoloration.

8. Check compressor oil level.

9. Visually inspect TXV's.

10.Check and test all operating and safety controls per circuit.

11.Verify capacity control response. Verify all sensors and safety devices are operational. Examine loading and unloading characteristic to identify that the operation matches the design criteria.

12.Inspect and record all operating temperatures and pressures and motor amps.

Use refrigerant gauges and amp probes as required.

13.Check all fan assembly(s) for unusual noise, vibration and belt tension.

14.Lubricate fan and motor bearings per manufacturer's recommendations.

15.Check belts and sheaves for alignment.

16.Check motor mounts and vibration pads. Adjust as required.

17.Check motor operating conditions.

18.Lubricate, stroke and adjust associated dampers and linkage and controls.

19.Check all fan operations and ducts for significant air leakage.

20.Check inlet guide vanes or VFD's for proper operation.

21.Check and clean drains and condensate drain pans.

22.Check for unusual noises, vibration, and smell.

23.Check all interior cabinet insulation for loose or failed panels.

Variable Air Volume (VAV) Units
Schedule: Annual Service (1) time per year
Annual service will include all the services performed in the quarterly service and also a physical verification of operation of units.

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Variable Frequency Drives (VFD)
Schedule: Annual Service (1) time per year

1. Check for normal operation.

2. Check LED displays for proper operation.

3. Check and scroll through alarm history.

4. Check cooling fan.

5. Check resistive cabinet heater.

6. Check and replace inlet air filter, if required.

7. Check for any unusual noise and vibrations.

8. Inspect and tighten all nuts, bolts and retaining devices on mechanical assemblies and mounting brackets.

9. Verify all electrical connections are inspected and tightened to proper torque settings.

10.Using compressed high-pressure nitrogen, blow out and remove all dirt and dust that has penetrated the unit interior or has accumulated on the processor boards.

11.Verify and record all inverter settings.

12.Verify and record all internal power supplies and logic outputs.

13.Check proper operation of D.C. Buss Capacitors.

14.Check all external controls related to the operation of the inverter.

15.Record all voltages and amp readings.

16.Verify proper stepping of drive at 25%, 50%, 75%, and 100%.

Pumps
Schedule: Annual Service (1) time per year

1. Check for normal and proper operation.

2. Lubricate pump bearings per manufacturer's recommendations.

3. Lubricate motor bearings per manufacturer's recommendations.

4. Tighten all nuts and bolts.

5. Check for any unusual noise or vibrations.

6. Check for any rusting. Wire brush and spray paint as required.

7. Check motor mounts and vibration pads. Replace and adjust when authorized.

8. Visually check pump alignment and coupling.

9. Check motor operating conditions.

10.Inspect and tighten any and all electrical connections. Open up pecker head.

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11.Inspect starter panels and disconnects.

12.Inspect contactors and points; identify signs of heat or discoloration.

13.Inspect mechanical seals.

14.Inspect pump packing.

15.Verify gauges for proper operation and accuracy.

16.Check and record voltages and amp motor.

17.Meg motors and record

18.Valves: Exercise all hand and auto valves at routine intervals, report leakage, lack of sealing, and resistance or wear.

19.Pumps 15 HP or greater include vibration analysis.

Exhaust Fans
Schedule: Annual Service (1) time per year

1. Confirm fan operation.

2. Record motor amps and voltage.

3. Inspect overall condition.

4. Check bearing temperature.

5. Check belt tension and condition (replace if needed)

6. Replace belts minimum one (1) time per year.

7. Check for pulley wear.

8. Check belt alignment.

9. Lubricate per OEM recommendations.

10.Visually inspect motor and replace belt.

11.Inspect blades and mounting hardware.

12.Inspect electrical.

Split-System Air-cooled Condensing Units
Schedule: Quarterly Service (4) times per year

1. Review manufacturer's recommendation for start-up.

2. Energize crankcase heater per manufacturer's recommendation for warm-up.

3. Visually inspect for leaks.

4. Inspect electrical connections, contactors, relays, and operating/safety controls.

5. Check vibration eliminators.

6. Check compressor oil level. If applicable.

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7. Check and test all operating and safety controls.

8. Check operating conditions. Report any abnormalities.

9. Clean condenser coils annually.

Packaged Air-conditioning Units/Gas & Electric
Schedule: Quarterly Service (4) times per year

1. Lubricate fan bearings per manufacturer’s recommendation.

2. Lubricate motor bearings per manufacturer’s recommendation.

3. Check belts and sheaves. Replace belts annually, a minimum of (1) time per year.

4. Check coils for visible signs of leaks.

5. Lubricate and adjust dampers and linkages if applicable.

6. Check and clean drain-pan and clear condensate drain lines.

7. Check motor operating conditions.

8. Inspect electrical connections, contactors, and relays.

9. Inspect all temperature, safety, and operational controls.

10.Start compressor. Check operating conditions and report any abnormalities.

11.Secure unit panels and inspect roof curb flashing.

12.Check for gas leaks.

13.Inspect pilot and clean pilot orifice if applicable.

14.Inspect and clean flame sensor.

15.Inspect hot surface igniter if applicable.

16.Verify operation of all safety limit and operating controls.

17.Inspect flame condition.

18.Clean condenser coils annually.

19.Inspect filters and change quarterly. Write date of filter install directly on filter.

Packaged Air-conditioning System – Heat Pumps
Schedule: Quarterly Service (4) times per year

1. Lubricate fan bearings per manufacturer’s recommendation.

2. Lubricate motor bearings per manufacturer’s recommendation.

3. Check belts and sheaves. Replace belts annually.

4. Check coils for visible signs of leaks.

5. Lubricate and adjust dampers and linkages. If applicable.

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6. Check and clean drain pan, and clear condensate drain lines.

7. Check motor operating conditions.

8. Inspect electrical connections, contactors, and relays.

9. Inspect all temperature, safety, and operational controls.

10.Start compressor. Check operating conditions in heating and cooling mode.

11.Secure unit panels and inspect roof curb flashing.

12.Clean condenser coils annually.

13.Inspect filters and change per quarter.

Heaters
Schedule: Quarterly Service (4) times per year

1. Leak test pilot gas train (soap test or equivalent).

2. Inspect pilot and clean pilot orifice.

3. Test combustion airflow safety circuit.

4. Verify operation of high operating limit controls.

5. Verify operation of operating controls and air proving switch.

6. Inspect flame condition.

Packaged Variable Air Volume Systems
Schedule: Quarterly Service (4) times per year

1. Energize Crankcase heater per manufacturer’s recommendation for warm-up.

2. Replace owner supplied filters.

3. Valves: Exercise all hand and auto valves at routine intervals (semi-annually), report leakage, lack of sealing, and resistance or wear.

4. Visually inspect for leaks.

5. Inspect operation of hot gas by-pass.

6. Inspect and tighten electrical connections, contactors, relays, and operational/safety controls on unit and VFD.

7. Starter Panels and Disconnects: Inspect contactors and points; identify signs of heat or discoloration.

8. Check compressor oil level.

9. Visually inspect TXV’s.

10.Check and test all operating and safety controls per circuit.

11.Verify capacity control response. Verify all sensors and safety devices are operational. Examine loading and unloading characteristic to identify that the operation matches the design criteria.

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12.Inspect and record all operating temperatures and pressures and motor amps.

Use refrigerant gauges and amp probes as required.

13.Check all fan assembly(s) for unusual noise, vibration and belt tension.

14.Lubricate fan bearings per manufacturer’s recommendations.

15.Lubricate motor bearings per manufacturer’s recommendations.

16.Check belts and sheaves for alignment.

17.Check motor mounts and vibration pads. Adjust as required.

18.Check motor operating conditions.

19.Lubricate, stroke and adjust associated dampers and linkage and controls.

20.Check all fan operations and ducts for significant air leakage.

21.Check inlet guide vanes or VFD’s for proper operation.

22.Check and clean drains and condensate drain pans.

23.Check for unusual noises, vibration, and smell.

24.Check all interior cabinet insulation for loose or failed panels.

Packaged Variable Air Volume Systems
Schedule: Annual Service (1) time per year

1. In addition to completing quarterly scope, perform the following tasks.

2. Connect Honeywell’s “HVAC Service Assistant” diagnostic tool to unit for the current BAS.

3. Enter OEM specifications into handheld device for operating status.

4. Review current evaporator temperature, superheat, sub-cooling, and condenser temperatures.

5. Physically verify operation of all VAV units.

6. Replace filters.

7. Clean evaporator coil (freshwater rinse only)

8. Chemically clean condenser coil with environment friendly “green” cleaner

9. Take MEGOHM readings from all motors.

10.Replace contractor supplied fan belt if required.

11.Reconnect Honeywell’s “HVAC Service Assistant” diagnostic tool to unit and analyze information.

12.Determine if air side and/or refrigerant side adjustments are required.

13.Airside Adjustments: Pulley adjustments, belts, and dampers.

14.Refrigerant Adjustments: Charge adjustments, TXV calibration, and refrigerant drier or system restriction identification.

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Fan Coils Service – Split System Units
Schedule: Quarterly Service (4) times per year, except as noted below:

1. Inspect motor. Clean and lubricate contingent on accessibility.

2. Lubricate fan bearings.

3. Inspect coil(s) for leaks dependent on accessibility.

4. Inspect drain pan or pipe and clean as required.

5. Inspect belt and adjust tension. If applicable.

6. Inspect electrical connections, contactors, relays, and operating/safety controls.

7. Change filters annually unless needed sooner.

Fan Coil Units
Schedule: Annual Service (1) time per year

1. Verify operation of units.

2. Replace filters and belts.

3. Add biocide tablets to condensate pans as needed, but at a minimum of one (1) time per year.

Split System – Air Cooled Condensing Units
Schedule: Quarterly Service (4) times per year

1. Review manufacturer’s recommendation for start-up.

2. Energize crankcase heater per manufacturer’s recommendation for warm-up.

3. Visually inspect for leaks.

4. Inspect electrical connections, contactors, relays, and operating/safety controls.

5. Check vibration eliminators.

6. Check compressor oil level. If applicable.

7. Check and test all operating and safety controls.

8. Check operating conditions. Report any abnormalities.

9. Clean Condenser coils annually.

Heat Exchanger (Future equipment at Hill Canyon, not included) Schedule: Quarterly Service (4) times per year

1. Identify any deficiencies and advise.

2. Clean condenser coils with nitrogen.

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3. Inspect electrical cabinets.

4. Verify proper operation of units.

Window Units (26 units Located at MCC buildings throughout the Hill Canyon complex) Schedule: Quarterly Service (4) times per year

1. Inspect and verify proper operation of units.

2. Clean Condenser coils with nitrogen.

3. Inspect electrical cabinets.

4. Identify any deficiencies and advise.

MSC Warehouse Heater

1. Check in with City staff.

2. De-energize existing equipment using industry approved lockout tag out procedures.

3. Crane will access the parking lot.

4. Disconnect existing electrical wiring, conduit, ducting, and gas piping from unit.

5. Disconnect and crane existing (1) Modine Unit off rooftop.

6. Crane up and set replacement unit and anchor in-place.

7. Reconnect existing electrical wiring, conduit, ducting, and gas piping to unit.

8. Fabricate transition duct work for discharge of unit.

9. Perform Start-up and verify proper operation.

10.Clean up and remove old equipment from site.

11.Check out with City staff.

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EXHIBIT B

FEE SCHEDULE
Facility Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Total
Municipal Service Center $ 9,206 $ 9,482 $9,767 $ 28,454 Household Hazardous Waste
Facility $1,625 $1,673 $1,724 $ 5,021
Hill Canyon Treatment Plant $ 39,809 $ 41,004 $42,234 $ 123,047 3 -Year Scheduled Service and Maintenance Total $ 156,522 MSC Warehouse Heater Replacement $ 40,000
Reserve* $ 250,000
Estimated Cost For Optional Contract Years 4 and 5** $ 112,332 Total Contract Not-to-Exceed $ 558,854
*Reserve to be used as described in Section 3(d) of Agreement. Available Reserve funds may also be used to cover Optional Years 4 and 5 extensions if necessary. **Estimated costs based on current escalation. Actual amounts may be higher, but must be approved by City in writing and must be within the current not-to-exceed amount.

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EXHIBIT C

HOURLY LABOR RATES & FEES
The following standard labor rates and material prices shall apply for any work quoted outside of the standard preventative maintenance service.

Hourly Labor Rates: Cost
•HVAC Service Technicians $165 per hour
•Controls Technicians $180 per hour
•Chiller Technicians $180 per hour
•Overtime 1.5 times normal rate
•Sundays & Holidays 2 times normal rate
Miscellaneous Fees: Cost
•Truck Charge $100
•Material Mark Up 20%
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EXHIBIT D

EQUIPMENT LIST

DESCRIPTION AREA LOCATION TYPE MAKE MODEL
MSC Building A – 1993 Rancho Conejo Blvd.

Forced Air Unit - 1 Second
Floor Attic Heating/Cooling Carrier
Forced Air Unit - 2 Second
Floor Attic Heating/Cooling Carrier
Forced Air Unit - 3 Second
Floor Attic Heating/Cooling Carrier
Condensing Unit - 3 Second
Floor Roof Heating/Cooling Carrier 38CK060540
Condensing Unit - 2 Second
Floor Roof Heating/Cooling Carrier 38CK060540
Condensing Unit - 1 Second
Floor Roof Heating/Cooling Carrier 38TKB036500
HVAC Data Room Roof Heating/Cooling Goodman CPLE30-1A
HVAC Lunchroom Roof Heating/Cooling Bryant 661CPX036000AFA HVAC, Mini Split Fleet Roof Heating/Cooling Mitsubishi FDC180HA HVAC, Mini Split Fleet Roof Heating/Cooling Goodman MSG09HRN1N HVAC Warehouse Roof Heating/Cooling Bryant 582APW036060NAA HVAC Data Room Heating/Cooling Fujitsu ASU30CLX1
Heater Warehouse Roof Heating Sterling RT350E5904
Heater Mechanic Roof Heating Sterling RT350E4N?
Exhaust Fan Fleet Roof Vent Cook 225ACE 225ACEB
Exhaust Fan Fleet Roof Vent Cook 225ACE 225C7B
Exhaust Fan n/a Roof Vent Cook 225ACE 225ACEB
Exhaust Fan Warehouse Roof Vent Cook 135 CPV
Exhaust Fan Warehouse Roof Vent Cook 150 CPV
Heater Second
Floor Closet Heating Carrier
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DESCRIPTION AREA LOCATION TYPE MAKE MODEL
MSC Building A (Annex) – 1993 Rancho Conejo Blvd.

HVAC n/a roof Heating/Cooling Trane YHC048F3RLA0402D
HVAC n/a roof Heating/Cooling Trane YHC048F3RLA0402D
HVAC n/a roof Heating/Cooling Trane YHC048F3RLA0402D
Exhaust Fan n/a Roof Vent Cook
Exhaust Fan n/a Roof Vent Cook
Exhaust Fan n/a Roof Vent Cook

MSC Building B – 1993 Rancho Conejo Blvd.

HVAC, Mini Split Water
Office Office Heating/Cooling Mitsubishi
Heater Water Shop Ceiling Heating Carrier

MSC Building C – 1993 Rancho Conejo Blvd.

HVAC, New n/a Roof Heating/Cooling Trane YHC067E3RLA0406 HVAC n/a Roof Heating/Cooling Carrier
HVAC n/a Roof Heating/Cooling York D4NZ060N06506NX
Exhaust Fan n/a Roof Vent Cook 165ACEBUL

MSC Building D – 1993 Rancho Conejo Blvd.

HVAC, Mini Split Sign Shop Office Heating/Cooling Mitsubishi

Household Hazardous Waste – 2010 Conejo Center Drive
HVAC n/a Roof Heating/Cooling Trane YHC048F3RLA0402D
HVAC, Mini Split n/a Roof Cooling Fujitsu AOU12RLS2
Exhaust Fan n/a Roof Vent Cook
Exhaust Fan n/a Roof Vent Cook
Exhaust Fan n/a Roof Vent Cook
Exhaust Fan n/a Roof Vent Cook
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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.

Tertiary Filters Expansion Area 1
Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 1A-HVU-201 1 N/A N/A N/A N/A Heating & Ventilation Unit (12) Washable 20x20x2
2 1A-ACHP-201 1 N/A N/A N/A 5 Ton Air-Cooled Heat Pump (1) 20x20x2 3 1A-ACHP-202 1 N/A N/A N/A N/A Air-Cooled Heat Pump (1) 20x20x2 4 1A-EF-201 1 Cook N/A N/A 10HP Exhaust Fan
5 1A-EF-202 1 N/A N/A N/A N/A Exhaust Fan
6 1A-HCP-201 1 N/A N/A N/A N/A HVAC Control Panel
7 1-ME-14 1 N/A N/A N/A N/A Electric UH in Gallery
Tertiary Support Facility Area 5
Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 5-SF-211 1 N/A N/A N/A N/A Supply Fan
2 5-HCP-211 1 N/A N/A N/A N/A HVAC Control Panel
3 5-UH-211 1 N/A N/A N/A N/A Unit Heater
4 5-UH-212 1 N/A N/A N/A N/A Unit Heater
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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.

Maintenance Building #1 Area 5
Item
# Unit Qty Make Model # Serial # Size Description
Filter(s)
Type &
Size
1 5-ACHP-
201 1 Carrier 50HS-018---
301 2500G40755 1.5 Ton Air-Cooled Heat Pump (1)
22x22x1
2 EC-1 1 Lennox HS23-653-4G 5894H45434 5 Ton Existing Condenser 1 3 EC-2 1 Lennox HS23-653-4G 5894H45435 5 Ton Existing Condenser 2 4 5-ME-13 1 N/A N/A N/A N/A Unit Heater
5 5-ME-14 1 N/A N/A N/A N/A Unit Heater
6 5-F-7 1 N/A N/A N/A N/A Wall Exhaust Fan
7 5-F-8 1 N/A N/A N/A N/A Wall Exhaust Fan
8 5-ME-9 1 Lennox N/A 5179F
20218 N/A Evaporator (1 )
24x30x1
9 5-ME-10 1 Lennox N/A 5179F
20248 N/A Evaporator (1 )
24x30x1
10 5-HCP-203 1 N/A N/A N/A N/A HVAC Control Panel
11 5-F-3 1 N/A N/A N/A N/A Wall Exhaust Fan
12 5-F-4 1 N/A N/A N/A N/A Wall Exhaust Fan
13 RE 1 N/A N/A N/A N/A Roof Exhauster
14 5-ME-17 1 Bradford
White 100T88B3N FG12212233 85K BTU Gas Fired Water Heater Item No.10D

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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.

Maintenance Building #2 Area 5
Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 5-HVU-201 1 N/A N/A N/A N/A Heating & Ventilation unit (2) 24x12x2 & 24x24x2
2 5-EF-201 to 203 3 N/A N/A N/A N/A Exhaust Fan
5 5-EF-204 1 N/A N/A N/A N/A Exhaust Fan (Welding)
6 PSB 1 N/A N/A N/A N/A Paint Spray Booth
7 5-ECU-201 1 N/A N/A N/A N/A Evaporative Cooling Unit (12) 20x20x2 8 5- HCP-201 1 N/A N/A N/A N/A HVAC Control Panel
9 5 - UH-201 1 N/A N/A N/A N/A Unit Heater
10 5-UH-202 1 Reznor N/A N/A 20K BTU Unit Heater
11 5-UH-203 1 Reznor N/A N/A 20K BTU Unit Heater
12 5-UH-204 1 Reznor N/A N/A 20K BTU Unit Heater
Thickening Building Area 9
Item
# Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 9-HVU-01 1 N/A N/A N/A N/A Heating & Ventilation Unit (28)
Washable
20x20x2
2 9-HVU-02 1 N/A N/A N/A N/A Heating & Ventilation Unit (28)
Washable
20x20x2
3 9-ACU-01 1 Carrier 50TFQ005-A-
511 2802G40434 4
Tons Air Conditioning Unit (2) 16x25x2
4 9-HCP-01 1 N/A N/A N/A N/A HVAC Control Panel
5 9-EF-01 1 Cook N/A N/A 15 HP Exhaust Fan
6 9-EF-02 1 N/A N/A N/A N/A Exhaust Fan
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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.

Operations Building Area 11
Item
# Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 11A-AHU-01 1 PACE (1) PF-27 AF SWSI 00-81993-01 N/A Air Handling Unit (9) 20x20x2 (6) 20x25x2
2 11A-AHU-02 1 PACE (1) PF-33 AF SWSI 00-81993-02 N/A Air Handling Unit (2) 16x25x2 (6) 20x25x2
3 11A-CRAC 1 N/A N/A N/A N/A Server Room AC
4 11A-BO-01 1 Weil McLain P-1278-W N/A N/A Boiler
5 11A-CH-01 1 Carrier 30GXR150-A-640HA 0801F65066 N/A Chiller - REPLACING 6 11A-CHWP-01 1 N/A N/A N/A 10 HP Chilled Water Pump
7 11A-CHWP-02 1 N/A N/A N/A 10 HP Chiller Water Pump
8 11A-EF-01 1 Loren Cook 330 CPA N/A N/A Exhaust Fan
9 11A-EF-02 1 Loren Cook 330 CPA N/A N/A Exhaust Fan
10 11A-EF-03 1 Loren Cook 70 MHB N/A N/A Exhaust Fan
11 11A-EF-04 1 N/A N/A N/A N/A Exhaust Fan
12 11A-EF-05 1 N/A N/A N/A N/A Exhaust Fan
13 11A-HWP-01 1 N/A N/A N/A 3 HP Heating Water pump
14 11A-HWP-02 1 N/A N/A N/A 3 HP Heating Water Pump
15 11A-TU-01 to 32 32 N/A N/A N/A N/A Terminal Unit
47 11A-HCC 1 N/A N/A N/A N/A Heating/Cooling Coils
48 11A-HCVA 1 N/A N/A N/A N/A Hydronic Control
Valve/Actuator
49 11A-EM 1 N/A N/A N/A N/A Electronic Motors
50 11A-CWSPA 1 N/A N/A N/A N/A Chilled Water Piping
51 11A-HWSPA 1 N/A N/A N/A N/A Heating Water Piping
52 11A-WH-01 1 N/A N/A N/A N/A Water Heater
53 11A-WH-02 1 A.O. SMITH BTP 140-199 SJ00-86386Y3 199K BTU Water Heater Tank
54 11A-VP-01 1 Quincy QRD2DT1200001 5142614 N/A Vacuum Pump 55 11A-AC-01 1 Quincy 240DT2HP00006 5136435 N/A Air Compressor 56 11A-AD-01 1 Q-Air N/A N/A N/A Air Dryer
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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.

Dewatering/Generator Building Area 23
Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size 1 23-HVU-01 1 N/A N/A N/A N/A Heating & Ventilation Unit (28) Washable 20x20x2
2 23-AHU-01 1 N/A N/A N/A N/A Air Handling Unit (36) Washable 24x24x2
3 23-AHU-02 1 N/A N/A N/A N/A Air Handling Unit (36) Washable 24x24x2
4 23-EF-01 to 04 4 N/A N/A N/A N/A Exhaust Fan
8 23-UH-01 & 02 2 Reznor N/A N/A N/A Unit Heater
10 23-MD-01 to 03 3 N/A N/A N/A N/A Motorized Damper
13 23-ACHP-01 1 N/A N/A N/A N/A Air-Cooled Heat Pump
14 23-SF-01 1 N/A N/A N/A N/A Supply Fan
15 23-HCP-01 1 N/A N/A N/A N/A Metasys-Control
HVAC Control Panel
South Headworks Pump Gallery Area 14
Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size 1 14-F-107 1 ILG LSB N/A 1-3 HP Roof Exhaust Fan
2 14-F-108 1 ILG LSB N/A 1-3 HP Roof Exhaust Fan
3 14-F-111 1 ILG RSV N/A 1-2 HP Filtered Supply Roof Ventilator 4 14-EHU 6 N/A N/A N/A N/A Electric Heater Unit
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Chemical Building Area 7, Blower Building Area 12, Other Site Facilities Area 15 and Co-Gen Item # Unit Qty Make Model # Serial # Size Description Filter(s) Type & Size
1 7B-ECU-101 1 N/A N/A N/A N/A Evaporative Cooling Unit 2 12H-ACHP-101 1 N/A N/A N/A N/A Air-Cooled Heat Pump (1) 14x25x1 3 15C-ACHP-101 1 N/A N/A N/A N/A Air-Cooled Heat Pump (1) 14x25x1 4 COGP 1 Armstrong N/A N/A 5 HP Cogeneration pump, 5HP, 85gpm @ 75ft head, 3x1.5x10
5 CWDPA N/A N/A N/A N/A N/A Cogeneration Water Distribution Piping & Appurtenances
6 CWLCVA N/A N/A N/A N/A N/A
Cogeneration Water Loop Control
Valve & Actuator @ Boiler Loop
Connection

Building Automation Software System
Metasys Control System (planned upgrade to Automated Logic WebCTRL in late 2023) (1) NAE 5500 (3.0)
(32) VMA’s
(10) UNT’s
(3) DX – 9100’s
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Project Name: Desigo Building Automation Software Services at the Grant R. Brimhall and Newbury Park Branch Libraries

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
SIEMENS INDUSTRY, INC.

THIS AGREEMENT made and entered into this 26th day of April, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and SIEMENS INDUSTRY, INC., (hereinafter referred to as "Service Provider"). The City and Service Provider agree as follows:

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein:
service and maintenance of the Desigo Building Automation Software at the Grant R. Brimhall and Newbury Park Branch Libraries. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $237,690 (herein "not to exceed amount”).
(b) Rates. Service Provider shall be paid a fixed sum for preventative maintenance work performed under this Agreement, according to the schedule listed in Service Provider’s Schedule of Fees, set forth in Exhibit “B”. All other work to be billed at the rates listed in Exhibit “C” or by negotiated lump sum.

The fixed sum amounts set forth in Exhibit “B” shall be binding upon Service Provider until April 30, 2026, and the hourly rates set forth in Exhibit “C” shall be binding until April 30, 2024, after which time new rates for either may be agreed upon only by execution of a written Amendment to this Agreement. (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Service Provider for all work described under this Agreement.

ATTACHMENT #6
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(c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
(d) Reserve. Additional work reasonably encompassed by the Scope of Services described in Section 2, but which cannot be specifically identified until the work progresses, may be agreed upon only by valid Work Authorization issued by City’s Project Manager. No liability or right to compensation for this work shall exist without such Authorization. Costs for these services shall be at the rates set forth in Exhibit “C” or by negotiated lump sum. The available funds shall be limited to those identified as “Reserve” in said Exhibit. (e) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “C”.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

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Prevailing Wage. Service Provider may be obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Service Provider’s DIR registration number is 1000002447. Service Provider’s CA state contractor’s license number is 758796.

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Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without the City's prior consent in writing.

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Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Coverage shall be at least as broad as:

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(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
(b) Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Service Provider 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 for all work performed by Service Provider, its employees, agents and subcontractors.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits.

There shall be no cross-liability exclusion of claims or suits by one insured against the other.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled 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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

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Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

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control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Service Provider or any of Service Provider 's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Service Provider shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
(b)No employee benefits shall be available to Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.

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18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Elizabeth Perez, Facilities Manager
City of Thousand Oaks
Finance Dept/Facilities Div.
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Siemens Industry, Inc.

Attn: Brian Ballard
6141 Katella Ave.

Cyprus, CA 90630
Item No.10D

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Item No.10D

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SIEMENS INDUSTRY, INC.
_______________________________
Roderick Keelen,
Automation Sales Manager

_______________________________
Mark Sonntag,
Financial Business Advisor
ATTEST: CITY OF THOUSAND OAKS
________________________________ ________________________________ Laura B. Maguire, City Clerk Kevin McNamee, Mayor APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
________________________________ ________________________________ Jaime Boscarino, Finance Director Tracy Friedl, Assistant City Attorney Item No.10D

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EXHIBIT A

SCOPE OF WORK
General Terms

1. Maintenance Services are to be performed monthly and include an 8-hour on-site visit to be split between the two locations.

2. On-call services are to be available 24 hours per day, 7 days per week to minimize downtime and inconvenience to building users. City desires an emergency on-site response within 4 hours upon notification by City of Thousand Oaks.

3. Service Provider to provide account management to coordinate the execution of these services, including scheduling of technicians, materials, and parts. All regular service must be scheduled and approved with City staff a minimum of 48 hours in advance of technicians arriving on-site.

4. Prior to starting work, technicians must check-in with City staff to discuss any equipment or system issues and review equipment logs. Technicians must check-out with City staff to review service and highlight any issues that require follow-up.

5. Service Provider to provide Operator Coaching to ensure City staff gain full utilization of the mechanical systems and assist them in identifying, verifying, and resolving problems found in executing daily tasks. One hour of coaching to be conducted on normal business days and hours, during scheduled visits as described below.

6. Service Provider to make written service report for services performed after each visit, detailing the purpose of the service, summarizing the work that was performed, advise on recommended repairs or upgrades, and suggested follow-up that is needed.

Preventative Maintenance for Desigo Software

1. Provide pro-active hands-on services designed to improve equipment operations, increase energy efficiency, a n d minimize d o w n - t i m e at the following facilities and the frequency shown:
a. Thousand Oaks Grant R. Brimhall Library Siemens Desigo CC Version 3.0) - Monthly, eight (8) hour on-site visits.
b. Newbury Park Library Siemens Desigo CC Version 3.0) - Quarterly (four times per year) eight (8) hour on-site visits.

2. Clean control panels and verify the ambient temperature within the panels is not extreme.

3. Verify electrical connections in the panels are secure and not loose.

4. Check and verify that all controllers are on-line and their programs are intact and are running properly.

5. Check for disabled/non-responding points and programs and identify the reason Item No.10D

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for being disabled or non-responsive.

6. Maintain the system graphical displays, make sure animation links are intact and make display changes as the City of Thousand Oaks facilities personnel require.

7. Perform Software maintenance which includes quarterly back up of workstation software, graphics and field databases (on-site and remote). Back-ups will be stored on-site and off-site to mitigate any losses.

8. Perform Windows updates quarterly to maintain current patches from Microsoft unless the upgrade interferes with the performance of the BAS in which case will be updated as soon as feasible.

9. Check for and remove conditions or situations that reduce system optimization.

10. Review Historical Logs to determine control effectiveness and efficiency.

11. Verify and calibrate field sensor (Temperature, Humidity, Pressure, Flow, Etc.) accuracy based on spot checks.

12. Perform hardware communication tests to determine functional verification of proper and consistent digital communication.

13. Evaluate program control loops and implement modifications and tuning in an effort to eliminate overshooting and oscillatory behavior, optimize and enhance system performance as to lower energy consumption and increase occupant comfort.

14. Provide one hour per site visit for training and coaching for system users and operators that will help the City operators identify and resolve problems more efficiently.

15. Provide recommendations to the City regarding replacement of failed, worn or weak components and materials to maintain peak operating condition of the building automation systems. City shall also be apprised of any control system hardware or software suspected of being faulty to prevent any anticipated failure or disruption to the system operation.

16. Address issues and problems discovered between visits that have been recorded in an on-site trouble log or work order request.

17. Implement software system upgrades which are free as released by the manufacturer.

18. Verify the following:
a. Proper operation of dampers.
b. Proper operation of valves.
c. Equipment (Fan, Pump, VFDs etc.) is operating correctly. d. Economizers are not jammed or stuck and exhaust fans operating correctly.

Item No.10D

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BAS Covered Equipment
The BAS equipment to be serviced under this agreement includes but is not limited to the following:
•BAS Workstations & Servers (including Database and Software). •BAS Network (Main) Controllers (including Program Operation & Software) •BAS Field Application Specific Controllers and/or Advanced Application Controllers (including Program operation and Software)
•BAS Associated Peripherals (Sensors, Relays, Etc.)
On-site Response Time and Call Windows
Service Response
Response time to be on-site
for critical components 4-hour maximum response
Response time to be on-site
for non-emergency Next business day response
Hours of PM Service Normal Business hours
Response Window 24 x 7
Software Updates Free manufacturer’s upgrades
included
Operator Coaching Included
Item No.10D

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EXHIBIT B

FEE SCHEDULE
Facility Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Total
Grant R. Brimhall Library $ 16,815 $ 17,740 $18,715 $ 53,270 Newbury Park Branch Library $ 16,815 $ 17,740 $18,715 $ 53,270 3 -Year Scheduled Service and Maintenance Total $ 106,540 Reserve* $ 50,000
Estimated Cost For Optional Contract Years 4 and 5** $ 81,150 Total Contract Not-to-Exceed $237,690
*Reserve to be used as described in Section 3(d) of Agreement. Available Reserve funds may also be used to cover Optional Years 4 and 5 extensions if necessary. **Estimated costs based on current escalation. Actual amounts may be higher, but must be approved by City in writing and must be within the current not-to-exceed amount.

Item No.10D

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EXHIBIT C

HOURLY LABOR RATES & FEES
The following standard labor rates and material prices shall apply for any work quoted outside of the standard preventative maintenance service.

Hourly Labor Rates: Reg Hours
Mon - Fri Overtime Sunday /
Holidays

1. Automation Specialist $ 276 per hour $ 414 per hour $ 552 per hour Miscellaneous Fees: Cost

1. Truck Charge $ 100

2. Material Mark Up 36%

3. Siemens Direct Material 60% off of list
Item No.10D

BUILDING MECHANICAL AND ENERGY MANAGEMENT SYSTEMS SERVICES FIN:201-10\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 7 Contract Costs and Account Breakdown.pdf Sunbelt Controls, Inc. Agreement
Facility G/L Account # Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Year 4*
5/1/26 - 4/30/27
Year 5*
5/1/27 - 4/30/28
Total

1. Hill Canyon Treatment Plant 001-3594-612-5621 $ 4,214 $4,342 $4,471 $4,605 $4,744 $ 22,376

2. Fiore Teen Center 001-3573-673-5621 $ 4,214 $4,342 $4,471 $4,605 $4,744 $ 22,376

3. Goebel Adult Community
Center 001-3574-677-5621 $ 4,214 $4,342 $4,471 $4,605 $4,744 $ 22,376

4. 403 W. Hillcrest
(Conejo Rec & Park District) 001-3590-612-5621 $ 4,214 $4,342 $4,471 $4,605 $4,744 $ 22,376

5. Municipal Service Center 001-3592-631-5621 $ 4,214 $4,342 $4,471 $4,605 $4,744 $ 22,376 5-Year Estimated Total $ 111,881
Configure Automated Email Notifications $ 4,200
ALC controls conversion at MSC Building C $ 31,092
Unscheduled Repairs and Services (Reserve) $ 125,000
Total Contract Not to Exceed Amount $ 272,173
* Optional years 4 and 5 are estimates based on standard escalation ATTACHMENT #7
Item No.10D

BUILDING MECHANICAL AND ENERGY MANAGEMENT SYSTEMS SERVICES FIN:201-10\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 7 Contract Costs and Account Breakdown.pdf ACCO Engineered Systems, Inc. Agreement
Facility G/L Account # Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Year 4*
5/1/26 - 4/30/27
Year 5*
5/1/27 - 4/30/28
Total

1. Civic Arts Plaza -
City Hall, Kavli and
Forum Theaters
001-3570-612-5621
001-3577-677-5621
001-3580-612-5621
$36,125
$49,672
$4,516
$37,208
$51,161
$4,651
$38,323
$52,694
$4,790
$39,473
$54,275
$4,934
$40,657
$55,903
$5,082
$ 191,786
$ 263,706
$ 23,973

2. Transportation Center 001-3582-632-5621 $2,260 $2,340 $2,420 $2,493 $2,567 $ 12,080

2. Fiore Teen Center 001-3573-677-5621 $9,080 $9,352 $9,632 $9,921 $10,219 $ 48,204

3. Goebel Adult Community
Center 001-3574-677-5621 $8,596 $8,852 $9,116 $9,389 $9,671 $ 45,625

4. Thousand Oaks Library 001-3576-673-5621 $30,236 $31,140 $32,072 $33,034 $34,025 $ 160,507

5. Newbury Park Library 001-3575-673-5621
001-3587-674-5621
$7,769
$1,059
$8,029
$1,095
$8,293
$1,131
$8,542
$1,165
$8,798
$1,200
$ 41,431
$ 5,650

6. 401 W. Hillcrest
(National Park Service) 001-3585-612-5621 $11,360 $11,696 $12,044 $12,405 $12,777 $ 60,283

7. 403 W. Hillcrest
(Conejo Rec & Park Dist.) 001-3590-612-5621 $15,824 $16,296 $16,784 $17,288 $17,806 $ 83,998

8. Child Care Center 001-3571-677-5621 $4,896 $5,044 $5,192 $5,348 $5,508 $ 25,988 5-Year Estimated Total $963,230
Unscheduled Repairs and Services (Reserve) $1,000,000
Total Contract Not to Exceed Amount $1,963,230
* Optional years 4 and 5 are estimates based on standard escalation Item No.10D

BUILDING MECHANICAL AND ENERGY MANAGEMENT SYSTEMS SERVICES FIN:201-10\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 7 Contract Costs and Account Breakdown.pdf Mesa Energy Systems, Inc., DBA Emcor Services Mesa Energy Agreement Facility G/L Account # Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Year 4*
5/1/26 - 4/30/27
Year 5*
5/1/27 - 4/30/28
Total

1. Hill Canyon Treatment Plant 001-3594-612-5621 $ 39,809 $ 41,004 $42,234 $43,501 $44,806 $ 211,354

2. Municipal Service Center
001-3592-631-5621
001-3593-612-5621
$ 9,206
$1,625
$ 9,482
$1,673
$9,767
$1,724
$10,059
$1,775
$10,361
$1,828
$ 48,875
$ 8,625
5-Year Estimated Total $ 268,854
Replace MSC Warehouse Heater $ 40,000
Unscheduled Repairs and Services (Reserve) $ 250,000
Total Contract Not to Exceed Amount $ 558,854
* Optional years 4 and 5 are estimates based on standard escalation Item No.10D

BUILDING MECHANICAL AND ENERGY MANAGEMENT SYSTEMS SERVICES FIN:201-10\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 7 Contract Costs and Account Breakdown.pdf Siemens Industry, Inc. Agreement
Facility G/L Account # Year 1
5/1/23 - 4/30/24
Year 2
5/1/24 - 4/30/25
Year 3
5/1/25 - 4/30/26
Year 4*
5/1/26 - 4/30/27
Year 5*
5/1/27 - 4/30/28
Total

1. Grant R. Brimhall Library 001-3576-673-5621 $ 16,815 $ 17,740 $ 18,715 $ 19,744 $ 20,830 $ 93,845

2. Newbury Park Branch Library
001-3575-673-5621
001-3587-674-5621
$ 14,797
$ 2,018
$ 15,611
$ 2,129
$ 16,469
$ 2,246
$ 17,375
$ 2,370
$ 18,330
$ 2,500
$ 82,583
$ 11,262
5-Year Estimated Total $ 187,690
Unscheduled Repairs and Services (Reserve) $ 50,000
Total Contract Not to Exceed Amount $ 237,690
* Optional years 4 and 5 are estimates based on standard escalation Item No.10D

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:April 25, 2023
SUBJECT: Revised Water Shortage Declaration
RECOMMENDATION:

1. Adopt resolution discontinuing a Level 3 Water Supply Shortage, rescinding Resolution No. 2023-007, and declaring that Permanent and Level 1 Water Conservation measures be in effect pursuant to Municipal Code Section 10-

2.1104.

2. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time required to prepare this report is included in the Adopted FY 2022-23 Water Fund Budget.

BACKGROUND:

On April 26, 2022, the Metropolitan Water District of Southern California (MWD) declared a Water Shortage Emergency Condition and adopted an Emergency Water Conservation Program (EWCP) for service areas that depend on supplies from the State Water Project (SWP). On April 27, 2022, Calleguas Municipal Water District (Calleguas) adopted Resolution No. 2042, declaring a Water Shortage Emergency Condition, and adopting an EWCP to reduce non-essential uses of water and preserve available water supplies for the greatest public benefit in their service area.

On May 24, 2022, City Council adopted Resolution No. 2022-023 declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10.2.1112.

Item No.10E

Revised Water Shortage Declaration
April 25, 2023

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5 9
7 Throughout the summer and fall, additional requirements were received from the state and MWD and passed along to our residents including the 10-minute maximum watering allowance and the banning of irrigation of non-functional turf on commercial, industrial, and institutional properties using potable water.

On July 5, 2022, City Council approved a budget and expenditures for water conservation patrol services, and on June 27, 2022, the City entered into a contract for such services with Cobalt Security Services, Inc. (Cobalt) through December 2022. On October 11, 2022, City Council approved an amendment to extend the agreement with Cobalt through June 2023.

As a result of the above normal rainfall throughout the state in December and January and available water quantities anticipated from the state, on February 15, 2023, Calleguas passed Resolution No. 2070 suspending enforcement of the one- day-per-week watering restriction, moving from a Stage 3 to a Stage 2 water shortage, and recommending that all Calleguas purveyors, of which the City is one, maintain water demand reduction measures consistent with their Water Shortage Contingency Plans (WSCP), without exceeding a two days per week watering.

On March 14, 2023, the City Council declared a Level 3 Water Supply Shortage and encouraged residents and businesses to use the improving water supply conditions as an opportunity to plant climate-appropriate native plants and establish a resilient landscape capable of thriving with limited irrigation, and MWD rescinded the EWCP.

On March 24, Governor Newsom issued Executive Order N‐5‐23 modifying drought emergency provisions and the Department of Water Resources increased the SWP allocations to 75 percent.

On April 5, 2023, Calleguas passed Resolution No. 2073 (Attachment #1) rescinding a Stage 2 Water Shortage, calling for continued water use efficiency practices, and encouraging expanded groundwater recharge.

DISCUSSION/ANALYSIS:

Imported water supply conditions and reservoir levels within the SWP have improved considerably since drought measures were enacted in 2022. The Sierra snowpack is at more than twice the average following the December 2022 through March 2023 storm events. Today, the Sierra snowpack is at its highest levels since 1995 with anticipated runoff that will further boost key reservoir levels and may warrant an additional increase to the final 2023 SWP allocation, which will be announced in April.

Item No.10E

Revised Water Shortage Declaration
April 25, 2023

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5 9
7 The Governor’s Executive Order N‐5‐23 includes the following revisions:
(1) Ends the voluntary 15 percent water conservation target and the requirement for water agencies to implement ‐ at minimum ‐ Level 2 of their WSCPs;
(2) Preserves all current emergency orders related to groundwater supply; (3) Retains a state of emergency for all 58 counties to allow for continued drought response and recovery efforts;
(4) Maintains the ban on wasteful water uses ‐ including watering non‐functional turf with potable water.

In light of the actions taken by DWR, Governor Newsom, MWD and Calleguas, the proposed resolution (Attachment #2) rescinds the Level 3 Water Shortage currently in effect for the City and calls for continued water use efficiency measures by the City’s water users, consistent with the City’s Level 1 conservation measures, the base level of the City’s WSCP. This allows for up to three days per week of irrigation at 10 minutes per irrigation zone after 6:00 p.m. or before 8:00 a.m., with provisions for additional irrigation for up to 60 days to establish new plants. The revised watering provisions will also support the completion of required re- plantings under MWD’s turf rebate program and the replacement of non-functional turf with climate-appropriate alternatives at commercial, institutional, and industrial establishments.

Public Outreach
Staff continues to educate the public on water conservation and regionally appropriate landscaping via www.toakswater.org. In addition, the recommendation to “Plant Now” has been disseminated through full-page ads in the local newspaper and a new webpage within the toakswater.org website. Staff regularly posts information about free classes on drip irrigation and climate-appropriate plants.

Almost 900 native plants were given away at this year’s Arbor/Earth Day celebration (April 15), where the City also hosted workshops on landscaping, drip irrigation, and water-wise groundcovers.

State law and City ordinance prohibit irrigation of non-functional turf at commercial properties. Staff continue to conduct outreach to businesses with non-functional turf that this spring is a great time to transform their landscapes while turf rebates are available, and water is available to establish new plantings.

Item No.10E

Revised Water Shortage Declaration
April 25, 2023

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7 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Helen Cox, Sustainability Division Manager John Brooks, Senior Analyst
Attachments:

Attachment #1 – Calleguas Resolution No. 2073
Attachment #2 – Resolution Rescinding Level 3 Water Supply Shortage DPW: 1000-90\ev\Council\2023\04252023\Water Ordinance staff report.docx Item No.10E

ATTACHMENT #1
DPW: 1000-90\ev\Council\2023\04252023\Water Ordinance Att 1.pdf Item No.10E

Item No.10E

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ATTACHMENT #2
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS RESCINDING RESOLUTION
NO. 2023-007 AND DECLARING A LEVEL 1 WATER

SUPPLY AVAILABILITY PURSUANT TO MUNICIPAL
CODE SECTION 10-2.1104
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the southern California region; and
WHEREAS, careful water management that includes active water conservation measures in times of drought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, Calleguas Municipal Water District (Calleguas) provides the water for the City of Thousand Oaks and is reliant upon deliveries of water imported by the Metropolitan Water District of Southern California (Metropolitan) from the California State Water Project (SWP), and is considered an SWP dependent agency within the Metropolitan service area; and
WHEREAS, on October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency exists in all California counties due to severe drought conditions, and called on all local and regional water suppliers to implement Water Shortage Contingency Plans (WSCP) that are responsive to local conditions; and WHEREAS, on November 9, 2021, Metropolitan declared that specified drought emergency conditions exist within its service area and called on all member agencies to immediately implement conservation to reduce the use of SWP supplies; and
Item No.10E

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WHEREAS, on November 16, 2021, City Council declared a water supply shortage and urged residents and businesses to voluntarily reduce usage by 15 percent from 2020 usage to extend SWP storage reserves; and WHEREAS, in 2022 the State of California entered a third consecutive year of drought during which annual precipitation, snowpack, and resultant runoff levels were markedly below that which is needed to both adequately replenish key reservoirs and meet current water demands; and
WHEREAS, on March 18, 2022, the California Department of Water Resources (DWR) announced that it reduced the calendar year 2022 SWP allocation to Metropolitan to five percent; and
WHEREAS, on April 26, 2022 Metropolitan declared a water supply emergency requiring all SWP-dependent water agencies to limit watering to one day per week equivalent, or meet volumetric requirements requiring a reduction of greater than 50 percent or face volumetric penalties of up to $2,000 per acre-foot effective June 1, 2022; and
WHEREAS, Calleguas, on April 27, 2022, passed Resolution No. 2042 declaring a Water Shortage Emergency Condition in the Calleguas service area mandating that water users within their service area restrict irrigation to one day per week (or equivalent) with enforcement or meet volumetric requirements requiring a reduction of greater than 50 percent by June 1, 2022; and WHEREAS, on May 24, 2022, City Council adopted Resolution No. 2022- 023 declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1107; and
WHEREAS, on May 25, 2022, Metropolitan issued the Emergency Water Conservation Program Handbook (version 1), in which Section 3.1.1 (Eligible Outdoor Water Restriction Criteria) states, in part that Member Agencies limit watering duration to no more than 10 minutes, effective July 1; and WHEREAS, on August 30, 2022, City Council adopted Resolution No. 2022-045 limiting watering or irrigating of turf, landscape, or other vegetated areas with potable water using a landscape irrigation system or a watering device that is not continuously attended to no more than 10 minutes of watering per day per station; and
WHEREAS, on October 11, 2022, City Council adopted a water conservation ordinance, codified in Article 11, Chapter 2, Title 10 of the Thousand Oaks Municipal Code, that became effective on November 25, 2022 and which sets forth six levels of water conservation measures; and Item No.10E

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WHEREAS, imported water supply conditions have improved considerably due to significant precipitation in the current winter season, including major storms occurring in January and February 2023; and
WHEREAS, the Sierra snowpack is at its highest levels since 1995 with anticipated runoff that will further boost key reservoir levels; and WHEREAS, on January 26, 2023, the California Department of Water Resources (DWR) announced that it increased the SWP allocation to Metropolitan from five percent to thirty percent; and
WHEREAS, Calleguas, on February 15, 2023, passed Resolution No. 2070, which suspended the Calleguas enforcement of the one-day-per-week irrigation restriction, declared a Stage 2 Water Shortage, and encouraged purveyors to maintain water demand reduction programs and not exceed two days per week irrigation; and
WHEREAS, on March 14, 2023, the City Council moved from a Level 4 to a Level 3 Water Supply Shortage in response to existing water conditions; and WHEREAS, on March 24, Governor Newsom issued Executive Order N‐5‐23 modifying drought emergency provisions contained within previously issued State of Emergency Proclamations and Executive Orders, and the Department of Water Resources increased the State Water Project allocations to 75 percent; and
WHEREAS, Calleguas, on April 5, 2023, passed Resolution No. 2073, which rescinded their Stage 2 Water Shortage while calling for continued water use efficiency practices; and
WHEREAS, Municipal Code Section 10-2.1104 provides for City Council to rescind a Level Three Water Supply Shortage upon a determination that a threatened shortage no longer exists and return to Level 1 permanent water conservation measures to ensure a reliable and sustainable supply of potable water.

NOW, THEREFORE, be it resolved the City Council of the City of Thousand Oaks hereby:

1. Declares that a threatened water supply shortage no longer exists.

2. Rescinds in its entirety Resolution No. 2022-007 declaring a Level 3 Water Supply Shortage.

3. Declares a Level 1 Water Supply availability, to become effective on April 26, 2023.

Item No.10E

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4. Expresses appreciation for the extraordinary efforts of residents and businesses to conserve water.

5. Encourages residents and businesses to use this opportunity to plant regionally appropriate California native plants and establish a resilient landscape capable of thriving with limited irrigation.

6. Continues a stay on code enforcement actions and Homeowner Association actions against brown or dead lawns until November 1, 2023 not exempting the requirement for removing weeds and vegetation presenting a fire hazard.

PASSED AND ADOPTED this 25th day of April 2023, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.10E

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 25, 2023
SUBJECT: Building Professional Services Agreement
RECOMMENDATION:

1. Approve the fifth amendment to Contract No. 12267-2019 for professional Building and Planning consulting services with CSG Consultants, Inc. (CSG), effective through June 30, 2023, to add $300,000 with a revised not-to-exceed amount of $1,025,000 over the lifetime of the agreement.

2. Approve budget appropriation transfer and expenditure in the amount of $300,000 from the following accounts: $185,000 from A/C #001-4010-641-5699 (Community Development, Building, Consultant Services / Other) and $115,000 from A/C #001-4210-641-5699 (Planning Consultant Services / Other) to A/C #001-6110-642-5010 (Building, Temporary Help/ Temporary Agency Services).

3. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. The additional requested expenditure of $300,000 to A/C #001-6110-642-5010 will be covered by a transfer from A/C #001- 4010-641-5699 ($185,000) and A/C #001-4210-641-5699 ($115,000) which is already included in the Adopted FY 2022-23 General Fund budget. Minimal staff costs to prepare the amendment is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

In December 2019, the City entered into a contract with CSG for $75,000 to provide temporary Building Official and mechanical/plumbing plan-checking services until the vacant Building Official and Senior Combination Building Inspector positions were permanently filled.  These recruitment efforts were temporarily halted due to the COVID-19 health emergency.

Item No.10F

Building Professional Services Agreement
April 25, 2023

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0 On May 12, 2020, City Council approved a first amendment to Contract No. 12267- 2019 with CSG for professional building-related services for a total revised not-to- exceed amount of $350,000 and extended the termination date to June 30, 2021.

On February 26, 2021, a second amendment to the contract was approved, extending the term two years until June 30, 2023. On October 12, 2021, due to an increase in complex planning applications, City staff amended the contract (Amendment No. 3) to add an additional $150,000 for planning consulting services.

On June 14, 2022, a fourth amendment was approved, providing for additional funds adding $200,000 for building services and $25,000 for planning services with the not-to-exceed amount of $725,000.

Recruitment for the Building Official was completed in January 2022, and the new Building Official started his employment on February 7, 2022. The Senior Combination Building Inspector (which includes mechanical and plumbing plan check) position was filled, and that employee started on November 21, 2022.

However, there is a sustained increase in both planning and building applications and larger projects where supplemental services provided by the consultant enhances staff’s ability to respond to a variety of applications in a timely manner.

DISCUSSION/ANALYSIS:

CSG provided the City with staff augmentation of a part-time Building Official and plan review services for various projects during the previous and current fiscal years. The services of the part-time Building Official are no longer needed; however, plan review services remain crucial for larger projects, efficient response to the public, and to accommodate an influx of specialized technical services (i.e.

Solar Panel Permits). Services provided by CSG augment plan checks performed by City staff.

The Building & Safety Division has experienced an increase in workload volume and project complexity above previous years and specifically when comparing 2021 to 2022. The overall volume of projects shows a growth of ten percent in Building (Architectural and Structural) Permits and 50 percent increase in specialty Solar Panel Permits among other areas.

In 2022, several key members of the Building Division staff retired resulting in multiple active recruitments for permanent replacements. This has necessitated higher than anticipated reliance on CSG’s services. An additional $300,000 is required to fund consultant building plan-check and inspection services through the agreement’s expiration on June 30, 2023, as identified in Attachment #1. Funds to fulfill the requested contract increase would be transferred within line Item No.10F

Building Professional Services Agreement
April 25, 2023

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0 items of the Adopted FY 2022-23 General Fund Budget. If approved, the total amount of the agreement will not exceed $1,025,000.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.

PREPARED BY: Jesse De Anda, Building Official
Michelle McMurtry, Office Supervisor
Attachments:

Attachment #1 – Fifth Amendment to Agreement with CSG
CDD:400-10/H:\COMMON\City Council\CC Agenda Items\2023\04252023\CSG Contract Amend\CSG Staff Report.docx" Item No.10F

CDD: 400-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\Contracts & Insurance\Contracts\Amendment 5-Fund Increase\Fifth Amendment to Agreement.docx

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Project Name: Professional Services
For Building Division

FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC.

Contract No. 12267-2019
THIS FIFTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and CSG Consultants, Inc. (“Consultant”), entitled Professional Services for Building and Planning Divisions and dated December 20, 2019, and amended May 12, 2020, February 26, 2021, October 12, 2021, and June 14, 2022 (herein “Contract”) is made on this 25th day of April 2023.

RECITALS
A. On December 20, 2019, City and Consultant entered into a contract for professional services whereby Consultant provides consultant services to City staff from registered engineers, ICC or CALBO certified building officials, plan examiners, inspectors, and permit technicians.

B. On May 12, 2020, Sections 3 and 5 of the contracts were amended to provide for additional funds and an extended termination date of June 30, 2021.

C. On February 26, 2021, Section 5 of the contract (Term, Progress, and Completion) was amended to extend the date of the contract to June 30, 2023, so the Consultant could continue to provide necessary services to the City.

D. On October 12, 2021, Section 2 of the contract was amended to add professional planning services and increase the amount of the contract by $150,000 for building and planning services with a Not-to-Exceed amount of $500,000.

E. On June 14, 2022, Section 3 of the contract was amended to add $200,000 for building services and $25,000 for planning services with a Not- to-Exceed amount of $725,000.

F. City and Consultant desire to add $300,000 for additional services and increase the Not-to-Exceed amount to $1,025,000 while keeping all other terms intact.

ATTACHMENT #1
Item No.10F

CDD: 400-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\Contracts & Insurance\Contracts\Amendment 5-Fund Increase\Fifth Amendment to Agreement.docx

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to the Contract agree to amend the Contract as described below:

Part 1. The sum of $300,000, is added as compensation to Consultant under the present Contract, and Subsection 3 (a) of the Contract is hereby amended to read in its entirety as follows:

3. COMPENSATION AND PAYMENT
a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $1,025,000 (herein “not to exceed amount”), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees referenced as Exhibit "B-1" and Exhibit “B-2”, attached for reference herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, after which any change in said rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.”
Item No.10F

CDD: 400-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\Contracts & Insurance\Contracts\Amendment 5-Fund Increase\Fifth Amendment to Agreement.docx

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Part 2. All terms used in Part 1 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

IN WITNESS WHEREOF, the parties execute this Fifth Amendment to Contract as of the date set forth above.

CSG CONSULTANTS, INC.

Cyrus Kianpour, President
Nourdin Khayata, Secretary
CITY OF THOUSAND OAKS:
________________________________
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:Approved As To Form:

Office of City Attorney
Kelvin Parker Tracy Friedl
Community Development Director Assistant City Attorney
Item No.10F

CDD: 400-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\Contracts & Insurance\Contracts\Amendment 5-Fund Increase\Fifth Amendment to Agreement.docx

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“For Reference”
EXHIBIT “B-1”

BUILDING SERVICES SCHEDULE OF FEES
Plan review is based on a percentage of plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below or as otherwise determined by mutual agreement with the City. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE /

HOURLY RATE

BUILDING OFFICIAL SERVICES
Certified Building Official $170
Overtime 1.5 x Hourly Rate

BUILDING PLAN REVIEW SERVICES
Building Plan Review 75% of City’s Plan Check Fee
Expedited Plan Review 95% of City’s Plan Check Fee
Building Plan Review – ICC Certified Plans Examiner $100 Building Plan Review – Professional Engineer $125
Building Plan Review – Professional Structural Engineer $140 CASp Review $125
Overtime 1.5 x Hourly Rate

BUILDING INSPECTION SERVICES
Certified Building Inspector I $85
Certified Building Inspector II $95
CASp Inspector $125
Overtime 1.5 x Hourly Rate

PERMIT TECHNICIAN SERVICES
Permit Technician $70
Overtime 1.5 x Hourly Rate
Overtime services will be billed at 1.5x the applicable hourly rate. All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, Consultant will notify the City prior to proceeding.

Item No.10F

CDD: 400-10\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\Contracts & Insurance\Contracts\Amendment 5-Fund Increase\Fifth Amendment to Agreement.docx

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“For Reference”
EXHIBIT “B-2”

PLANNING SERVICES SCHEDULE OF FEE

PERSONNEL ROLE HOURLY RATE
Planning Technician $105
Assistant Planner $125
Associate Planner $140
Senior Planner $155
Senior Environmental Planner $155
Principal Planner $170
Planning Manager $185
Planning Director $200
Sustainability Program Analyst $135
Sustainability Program Senior Analyst $160
Sustainability Program Manager $190
Item No.10F

TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:April 25, 2023
SUBJECT: Transition to District-based Elections
RECOMMENDATION:

1. Adopt resolution declaring the City’s intention to transition from at-large to district-based elections and initiate procedures and implementation of district- based elections for City Councilmembers.

2. Approve budget appropriation and expenditure in an amount not to exceed $75,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0830-646-5699 (Public Information Contracted Services).

3. Find that this action is not a project as defined in the California Environmental Quality Act.

FINANCIAL IMPACT:
$75,000 Increase to FY 2022-23 General Fund Budget. $75,000 additional budget appropriation is requested to the Adopted FY 2022-23 General Fund Budget to provide public outreach services for the transition to district-based elections. Additional funds for future years for ongoing website hosting as required by government code will be requested during biennial budget cycles.

BACKGROUND:

On March 15, 2023, the City received a letter alleging the City's at-large method of electing members of City Council violates the California Voting Rights Act (CVRA/the Act). The letter demanded the City transition to district-based elections or face litigation under the CVRA.

At the April 4, 2023, City Council meeting, staff presented a variety of options and issues associated with the CVRA challenge to the City's current at-large method Item No.10G

Transition to District-based Elections
April 25, 2023

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Thousand Oaks City CouncilApril 25, 2023

Thousand Oaks City Council
April 25, 2023