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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:
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: 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.
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.
ATTACHMENT #5
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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.
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.
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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.
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.
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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.
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 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.
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.
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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.
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.
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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.
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. (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:
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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.
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 FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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.
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 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, FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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.
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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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.
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.
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.
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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.
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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
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 FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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 the following 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.
Emergency on-site response shall be within 4 hours upon notification by City.
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 in executing daily tasks. One hour of coaching to be conducted on normal FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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
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.
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.
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
FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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 FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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
FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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
FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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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
FIN:201-10\edp\cp\C:\inetpub\wwwroot\multitenant\temp\Attachment 5 Agreement with Mesa Energy Systems Inc.pdf
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Hill Canyon Treatment Plant - 9600 Santa Rosa Rd.
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