HomeMy Public PortalAbout07) 7D Approval of Revised Ontario Refrigeration Service Inc AgreementAGENDA
ITEM 7.D
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: November 4, 2014
TO: The Honorable City Council
MEMORANDUM
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes, AICP, Community Development Director-A�e
By: Andrew J. Coyne, Management Analyst
SUBJECT: APPROVAL OF A REVISED SERVICE AGREEMENT WITH ONTARIO
REFRIGERATION SERVICE, INC. FOR MECHANICAL, MAINTENANCE,
AND REPAIR SERVICES FOR HEATING, VENTILATION, AND AIR
CONDITIONING SYSTEMS AT CITY FACILITIES
RECOMMENDATION:
The City Council is requested to:
a) Review and approve a revised service agreement (Attachment "A") with Ontario
Refrigeration Service, Inc. (Ontario) for mechanical, maintenance, and repair
services for heating, ventilation, and air conditioning (HVAC) systems at City
facilities: and
b) Authorize the City Manager to finalize and execute the service agreement with
Ontario Refrigeration Service, Inc.
BACKGROUND:
1. On July 4, 2004, the City entered into a service agreement with Ontario for
maintenance and repair of HVAC systems. Per the terms of the agreement, the
contract was extended, by mutual agreement, on an annual basis.
2. On June 12, 2014, staff issued a Request for Proposals (RFP) for mechanical,
maintenance, and repair services for HVAC systems at City facilities.
3. On July 7, 2014, three proposals were received in response to the RFP from
Ontario, Tetra Mechanical, Inc., and F.M. Thomas Air Conditioning, Inc.
4. On August, 19, 2014, the City Council reviewed and approved a service
agreement with Ontario for maintenance and repair of HVAC systems.
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November 4, 2014
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5. On August 20, 2014, Ontario notified staff that they were not willing to sign the
agreement because of Section 9.3 (Liquidated Damages) of the agreement.
Although Ontario was provided with a copy of the agreement prior to the City
Council meeting, they did not raise this concern until after the City Council
approved the agreement.
ANALYSIS:
In the original agreement approved by the City Council, the in lieu fee for liquidated
damages was $500 per day. Initially, Ontario objected to the entire "Liquidated
Damages" section, but after discussions with staff, Ontario stated that they would
accept this section if the in lieu fee was reduced to $25 per day. Staff and the City
Attorney believe that the revised amount of $25 is reasonable. Ontario has provided two
signed copies of the revised agreement. The entire revised section is shown below with
the pertinent changes:
Liquidated Damages. The Parties agree that City has a legitimate interest in
ensuring that Contractor provides the Services (including performance of all duties
and responsibilities) required under this Agreement in a consistent and reliable
manner, and that Contractor's failure to timely provide such Services or to provide
them in an inadequate manner will cause City to suffer damages and that it is, and
will be, impractical and extremely difficult to ascertain and determine the exact
amount of damages or to calculate actual damages. Therefore, in addition to
City's right to treat such non-performance as a material breach of, and to
terminate, this Agreement, the Parties agree that liquidated damages, as provided
herein, represent a reasonable estimate of the monetary damages that reasonably
could be anticipated and that proof of actual damages would be costly or
impractical. The Parties specifically confirm the accuracy of the statements made
above and the fact that each Party has had ample opportunity to consult with legal
counsel and obtain an explanation of the liquidated damage provisions at the time
that the Agreement was made. Therefore, in lieu of actual damages, Contractor is
subject to payment of $500 $25 per failure to perform, per day. City may, at its
election, deduct any assessed liquidated damages from payment due, or that will
become due, to Contractor from City.
Staff believes it is in the best interest of the City to accept this change to the
agreement. With over 50 years of experience in the HVAC industry, and 10 years
serving Temple City, Ontario stood out as the best qualified among the firms that
submitted proposals to provide HVAC services to the City.
Ontario will provide HVAC maintenance and repair services for the following facilities:
Live Oak Park Community Center, Live Oak Park Annex, City Hall, Community Room,
Civic Center, Emergency Operations Center, and City Yard. The agreement has a term
of one year. If not cancelled, the agreement will automatically renew on an annual basis
for up to five additional years. After six years, the contract will terminate with no
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additional options for renewal. The fees to be charged and the frequency of service for
each facility are noted in the table below.
I Facility
Live Oak Park Community Center and
Annex
City Hall, Community Room, Civic
Center, and Emergency Operations
Center
City Yard
Total
FISCAL IMPACT:
Annual Cost Frequency of Service
$4,596 Monthly
$5,472 Bi -monthly
$368 Bi -annual
$10,436
The annual cost of the service agreement is $10,436 for the first year, with additional
costs for supplemental and emergency services, as needed. The agreement provides
that total compensation for all services shall not exceed $24,000 per year. Funding for
the proposed agreement was included in the Fiscal Year 2014-15 City Budget. If
renewed after the first year, the annual cost will increase annually by up to three
percent. Staff will account for the increase in future proposed City Budgets accordingly.
CONCLUSION:
It is staffs assessment that Ontario has the best combination of experience,
competitive pricing, and knowledge of the City's facilities and HVAC equipment,to
provide the requested services. Therefore, staff recommends that the City Council
approve the revisions to the agreement with Ontario and authorize the City Manager to
execute the agreement.
ATTACHMENTS:
A. Revised Service Agreement between the City and Ontario Refrigeration Service,
Inc.
ATTACHMENT A
AGREEMENTFOR
MECHANICAL, MAINTENANCE, AND REPAIR SERVICES FOR HEATING,
VENTILATION, AND AIR CONDTIONING SYSTEMS (HVAC) AT CITY FACILITIES
Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
ONTARIO REFRIGERATION SERVICE, INC.
Corporation
Dated
November 04, 2014
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AGREEMENT FOR
MECHANICAL MAINTENANCE AND REPAIR SERVICES FOR HEATING
VENTILATION, AND AIR CONDITIONING SYSTEMS (HVAC) AT CITY FACILITIES
This Agreement for mechanical maintenance and repair services for the
HVAC system at city facilities ("Agreement") is entered into as of the date referenced
on the cover page ("Effective Date") between the CITY OF TEMPLE CITY, a charter
law city and municipal corporation ("City") and the CONTRACTOR designated on the
cover ("Contractor") (collectively the "Parties"). In consideration of the mutual
promises and covenants made by the parties and contained here and other
consideration, the value and adequacy of which are hereby acknowledged, the
parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this
Agreement, the term of this Agreement is for 1 year from and after the Effective Date
("Term"), unless mutually extended by the parties.
1.2 Contractor Services. Subject to the terms and conditions of this
Agreement, Contractor agrees to perform for City comprehensive mechanical
maintenance and repair services for heating, ventilation, and air conditioning systems
(HVAC) at city facilities as identified in the Customized Service Program (CSP)
Agreements dated July 07, 2014 and specified in the Scope of Services attached hereto
and incorporated herein by reference as Exhibit "A" [Scope of Services] ("Services").
Contractor agrees to furnish, for the compensation provided for herein, all labor,
materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately perform and complete the Services. The Services shall be subject
to inspection and approval by City. Contractor agrees to work closely with City staff in
the performance of the Services and shall be available to City's staff and consultants a4
all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or
services rendered in connection with its performance of this Agreement, which are in
addition to or outside of the Services ("Extra Work"), except as expressly provided for
herein. It shall be Contractor's responsibility to ensure that the scope and price of any
Extra Work to be performed by Contractor is approved by City in writing in advance of
Contractor's commencement of the Extra Work in accordance with Section 9.10
[Amendments] and Section 9.19 [Administration and Implementation]. City shall not be
obligated to pay for or otherwise be liable for unauthorized Extra Work performed by
Contractor.
1.4 Schedule of Performance. Contractor agrees to diligently perform and
complete the Services in accordance with the schedule of performance attached hereto
and incorporated herein by reference as Exhibit "B" [Schedule of Performance]
("Schedule of Performance"). Modifications to the Schedule of Performance must be
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agreed upon in writing in advance by the City Manager pursuant to Section 9.19
[Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this
Agreement (which for purposes of this Section shall be deemed to include unauthorized
Extra Work which has not been removed and any non -conforming materials
incorporated into the Services) to be of good quality and free from any defective or
faulty material and workmanship. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the Services, whether
express or implied, are deemed to be obtained by Contractor for the benefit of City,
regardless of whether or not such warranties and guarantees have been transferred or
assigned to City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year
from and after final acceptance of the Services, or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into
the Services, whichever is later, Contractor shall within ten (10) days after being notified
in writing by City of any defect in the Services or non-conformance of the Services,
commence and prosecute with due diligence all work and services necessary to fulfill
the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at
its sole cost and expense, repair and replace any portions of the work, facilities, fixtures,
or materials damaged by its defective Services or which becomes damaged in the
course of repairing or replacing defective work or services. For any work so corrected,
Contractor's obligation hereunder to correct defective Services shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected
Services. Contractor shall perform such tests as City may require to verify that any
corrective actions are adequate to remedy the defective condition. In the event that
Contractor fails to perform its obligations under this Section to the reasonable
satisfaction of City, then City shall have the right to correct and replace any defective,
non -conforming, or damaged Services at Contractor's sole expense. Contractor shall
be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor's Representative. Contractor hereby designates the
representative named in Exhibit "D" [Representatives], or his or her designee, to act as
its representative for the performance of this Agreement ("Contractor's
Representative"). Contractor's Representative shall have full authority to represent and
act on behalf of the Contractor for all purposes under this Agreement. Contractor's
Representative shall supervise and direct the Services, using his or her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
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SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non -disputed Services
rendered, the compensation set forth in Exhibit "C" [Compensation] attached hereto and
incorporated herein by reference. Total compensation to Contractor for the Services
shall not exceed $24,000 without the prior written approval of City in accordance with
Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly, bi-
monthly, or bi-annual as specified in Exhibit "C") invoices together with 'an itemized
statement of Services provided. The statement shall describe the Services provided, the
percent of work completed by item, together with such other reasonable detail and
supporting documentation as may be required by the City Manager, or his/her designee.
City will review the statement and pay, with the exception of any charges for work
performed or expenses incurred by Contractor which are disputed by City, within 30,
days of receiving such statement, all approved charges thereon. Payment to Contractor
for work performed pursuant to this Agreement shall not be deemed to waive any defect
in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its
supervision. The personnel performing the Services under this Agreement on behalf of
Contractor shall at all times be under the Contractor's exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services
subject to the requirements of this Agreement. Contractor is and shall at all times
remain a wholly independent contractor and not an officer, employee or agent of City.
Contractor shall have no authority to bind City in any manner, nor to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is
otherwise expressly conferred in writing by City. Neither Contractor, nor any of
Contractor's officers, employees or agents, shall obtain any rights to retirement,
healthcare or any other benefits which may otherwise accrue to City's employees.
Contractor expressly waives any claim Contractor may have to any such rights.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall
be performed in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and warrants that it, its employees and
subcontractors shall have sufficient skill and experience to perform the Services and
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained in
good standing throughout the term of this Agreement.
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3.3 Required Corrections. Contractor shall perform, at its own expense and
without reimbursement from the City, any work necessary to correct errors or omissions
that are caused by the Contractor's failure to comply with the standard of care provided
for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and
shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area,
so as to avoid injury or damage to any person or property and shall otherwise exercise
all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 ADDrenticeable Crafts. To the extent applicable, Contractor shall
comply with the provisions of Section 1777.5 of the Labor Code with respect to the
employment of properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work
and overtime requirements of Section 1813 of the Labor Code.
3.6.3 Pavroll Records. In accordance with the requirements of Labor
Code Section 1776, Contractor shall keep accurate payroll records which are either on
forms provided by the Division of Labor Standards Enforcement or which contain the
same information required by such forms. Contractor shall make all such records
available for inspection at all reasonable hours.
3.6.4 Prevailing Waoe Laws. Contractor represents and warrants that it
is aware of the requirements of California Labor Code Section 1720, et seg., and 1770,
et seg., as well as California Code of Regulations, Title 8, Section 1600, et sec.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "Public Works" and "Maintenance" projects. If
the Services are being performed as part of an applicable "Public Works" or
"Maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem!
wages in effect at the commencement of this Agreement. Contractor shall make copies
of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall
post copies at the Contractor's principal place of business and any location where the
Services are performed.
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3.7 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply
with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§
1101, et sec., as amended, and in connection therewith, shall not employ unauthorized
aliens as defined therein.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross
negligence or willful misconduct of City, Contractor expressly agrees to, and shall,
indemnify, defend, release, and hold City, and its respective officials, officers,
employees, agents, and contractors harmless from and against any Action, liability,
loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of,
or are in any way related to, any act or omission of Contractor, or its officers, directors,
employees, agents, or contractors, connected with the performance or failure to perform
under this Agreement, notwithstanding that City may have benefited therefrom, or any
challenge to this Agreement. This Section shall apply to any acts or omissions, willful
misconduct or negligent conduct, whether active or passive, on the part of Contractor's
officers, directors, employees, agents and contractors, including but not limited to acts
or omissions in any way related to, the release, treatment, use, generation,
transportation, storage, or disposal in, on, under, to, or from the location at which work
under this Agreement is performed of any Hazardous Substances by Contractor or its
officers, directors, employees, agents, and subcontractors. The Parties expressly agree
that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an
injured employee under City's workers' compensation or other insurance, is included
as a loss or Costs and Expenses for the purpose of this Section. City shall not be
responsible for any acts, errors or omissions of any person or entity except City and its
officers, agents, servants, employees or contractors. The Parties expressly agree that
the obligations of Contractor under this Section shall survive the expiration or early
termination of the Agreement.
4.2 Action. For purposes of this Agreement, "Action" shall mean any suit
(whether legal, equitable, or declaratory in nature), proceeding or hearing (whether
administrative or judicial), arbitration or mediation (whether voluntary, court-ordered,
binding, or non-binding), or other alternative dispute resolution process, and the filing,
recording, or service of any process, notice, claim, demand, lien, or other instrument
which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and
Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
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actually and necessarily incurred by a Party in good faith in the investigation,
prosecution or defense of an Action, including, but not limited to, court costs, filing,
recording, and service fees, copying costs, exhibit production costs, special media
rental costs, attorneys fees, consultant fees, fees for investigators, witness fees (both
lay and expert), travel expenses, deposition and transcript costs, and any other costs or
expenses, the award of which a court of competent jurisdiction may determine to be just
and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Substances" shall mean any and all of the following:
a. any substance, product, waste or other material of any
nature whatsoever which is or becomes listed, regulated, or for which liability arises for
misuse, pursuant to the Comprehensive Environmental Response Compensation and
Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery
Act ("RCRA"), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S.
§2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide,
Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and
Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et
seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal
Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30
U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42
U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and
657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.")
§25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the
California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.;
the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the
Carpenter -Presley -Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.;
the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous
Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne
Water Quality Control Act, Water Code §13000, et seq., all as they may from time to
time be amended; and
b. any substance, product, waste or other material of any
nature whatsoever which is or becomes listed, regulated, or for which liability for misuse
arises pursuant to any other federal, state or local statute, law, ordinance, resolution,
code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all expenses incurred under this Agreement. Any
and all such documents or records shall be maintained in accordance with generally
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accepted accounting principles and shall be sufficiently complete and detailed so as to
permit an accurate evaluation of the Services provided by Contractor pursuant to this
Agreement. All such records shall be clearly identifiable.
5.1.2 Inspection and CODvina. Contractor shall allow a representative of
City during normal business hours to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to
the Agreement for a period of three (3) years from the date of final payment under this
Agreement. At no cost to City, Contractor shall provide copies of such documents or
records directly to the City for inspection, audit and copying when it is practical to do so;
otherwise, unless an alternative is mutually agreed upon, such documents and records
shall be made available at Contractor's address indicated for receipt of notices in this
Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other
documents prepared, developed or discovered by Contractor in the course of providing
the. Services shall become the sole property of City and may be used, reused or
otherwise disposed of by the City without the permission of the Contractor. Upon
completion, expiration or termination of this Agreement, Contractor shall turn over to
City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the
term of this Agreement Contractor will maintain insurance in conformance with
requirements established by City for the type of Services being performed. Contractor
acknowledges that prior to the Effective Date of this Agreement, City provided to
Contractor the applicable insurance requirements, a copy of which are attached hereto
as Exhibit "F" [Insurance]. Contractor acknowledges that the insurance coverage and
policy limits provided by City constitute the minimum amount of coverage required. Any
insurance proceeds in excess of the limits and coverage required in this Agreement and
which are applicable to a given loss, will be available to the City.
6.2 Subcontractors Insurance. Contractor agrees to ensure that
subcontractors, and any other party involved in the performance of the Services by.
Contractor, provide the same minimum insurance coverage required of Contractor.'
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make
reasonable amendments to the insurance requirements of this section, with the written
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concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19
[Administration and Implementation] after considering the Scope of Services, potential
liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
Section intentionally deleted. No bonds necessary for these services.
SECTION 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate
with or without cause, and without any prior notice of default or right to cure by
Contractor, the whole or any part of this Agreement at any time and by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at
least five (5) days before the effective date of such termination. Upon termination,
Contractor shall be compensated only for those non -disputed Services that have been
adequately rendered to City, and Contractor shall be entitled to no further
compensation.
8.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's failure to timely cure a default under this
Agreement as provided herein. At least forty-five (45) days prior to termination,
Contractor shall provide City with a written notice specifying City's alleged default and
providing City with a forty-five (45) day period to cure the default. Should City timely
cure such default, the Agreement shall continue. Should City fail to timely or adequately
cure such default, Contractor may terminate this Agreement by issuance of written
notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the
action of the elements, or from any unforeseen difficulties which may arise or be
encountered in the prosecution of the Services until the same is fully completed and
accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate
interest in ensuring that Contractor provides the Services (including performance of all
duties and responsibilities) required under this Agreement in a consistent and reliable
manner, and that Contractor's failure to timely provide such Services or to provide them
in an inadequate manner will cause City to suffer damages and that it is, and will be,
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impractical and extremely difficult to ascertain and determine the exact amount of
damages or to calculate actual damages. Therefore, in addition to City's right to treat'
such non-performance as a material breach of, and to terminate, this Agreement, the
Parties agree that liquidated damages, as provided herein, represent a reasonable
estimate of the monetary damages that reasonably could be anticipated and that proof
of actual damages would be costly or impractical. The Parties specifically confirm the
accuracy of the statements made above and the fact that each Party has had ample
opportunity to consult with legal counsel and obtain an explanation of the liquidated
damage provisions at the time that the Agreement was made. Therefore, in lieu of
actual damages, Contractor is subject to payment of $25 per failure to perform, per day.
City may, at its election, deduct any assessed liquidated damages from payment due, or
that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including
liquidated damages, if any, caused by delay in performance of failure to perform due to
causes beyond the control of Contractor. Such causes include, but are not limited to,
acts of God, acts of the public enemy, acts of federal, state or local governments, acts
of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe
weather. The term and price of this Agreement shall be equitably adjusted for any
delays due to such causes.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. This Agreement shall be interpreted, construed and
governed according to the laws of the State of California. In the event of litigation
between the parties, venue in state trial courts shall lie exclusively in the County of Los
Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in
the Central District of California, located in Los Angeles, California.
9.7 Integration. This Agreement, including the attached Exhibits "A" through
"F", is the entire, complete, final and exclusive expression of the parties with respect to
the matters addressed therein and supersedes all other agreements or understandings,
whether oral or written, or entered into between Contractor and City prior to the
execution of this Agreement. No statements, representations or other agreements,
whether oral or written, made by any party which are not embodied herein shall be valid
and binding.
9.8 Severability. If a term, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall not be affected thereby
and the Agreement shall be read and construed without the invalid, void or
unenforceable provision(s).
LA #48224623-2581 J2 9
9/3/13
9.9 Prohibited Interests. Contractor represents and warrants that it has not
employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contractor and City. The City
Manager shall have the authority to approve any amendment to this Agreement if the
total compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for amendments or modifications to be in writing cannot be waived and that
any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery Of Notices. All notices required or permitted to be given under
this Agreement shall be in writing and shall be given to the respective parties at the
addresses listed in Exhibit "D", or at such other address as the respective parties may
provide in writing for this purpose. Such notice shall be deemed made when personally
delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class
postage prepaid and .addressed to the party at its applicable address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs,
executors, administrators, successors and assigns of the Parties.
9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any Party or any breach of the provisions of this Agreement shall
not constitute a waiver of any other provision, nor a waiver of any subsequent.breach or
violation of any provision of this Agreement. Acceptance by City of any Services by
Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorneys Fees, Costs and Expenses. In the event litigation or other
proceeding is required to enforce or interpret any provision of this Agreement, the
prevailing party in such litigation or other proceeding shall be entitled to an award of,
reasonable attorney's fees and Costs and Expenses, in addition to any other relief to
which it may be entitled.
9.16 Subcontracting. Contractor shall not subcontract any portion of the
Services, except as expressly stated herein, without prior written approval of City.
LA #4822-0623-2581 v2 10
9/3/13
Subcontracts, if any, shall contain a provision making them subject to all provisions of
this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
9.18 Authority To Execute. The person or persons executing this Agreement
on behalf of Contractor represents and warrants that he/she/they has/have the authority
to so execute this Agreement and to bind Contractor to the performance of its
obligations hereunder.
9.19 Administration and Implementation. This Agreement shall be
administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make
amendments to this Agreement, including amendments that commit additional funds,
consistent with Section 9.10 (Amendment] and the City Manager's contracting authority
under the Temple City Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMPLE CITY ONTARIO REFRIGERATION
SERVICE, INC.
Bryan Cook, City Manager (Authorized Officer)
Title I?f2S1AP.r+
ATTEST: Print Name: Ph11TUJNekX r
Peggy Kuo, City Clerk I LjLd b er)
Title?S�_1S\�1 �,,r;dem Manaqex-
Print Name: '<-en 11c
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
LA #48224623-2581 v2
9/3/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTYOF Sah�ernarAino
J RVAUY P�I�IQ.UEur
On In 20I before me, personally appeared KQVI piu , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
J.RODARTE
�Wp COMM. #1904380 �n
My Comm. Exp OCT 15, 2014 4
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV 94838-6958-3880 v2
DRAFT 913113
IS7S.�iI•TI'TI IlL�]iL�IiT:3111JLL�7;:CeLY I �Z�Illu'I_IIiIIY
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"SCOPE OF SERVICES
CONTRACTOR shall provide comprehensive mechanical maintenance and repair services
for the heating, ventilation, and air conditioning systems (HVAC) as identified in the
attached Exhibits:
As per Exhibit Al: City Hall, Civic Center, Community Room, and Emergency Operations
Center (EOC)
Exhibit A2: City Yard
Exhibit A3: Live Oak Park (Community Center, Annex, and Concession Stand)
Also, Special Services, as needed.
Services for one (1) year per contract but automatically renewed for five (5) additional years if
no early termination. After six (6) years, the contract is terminated with no ability to renew.
CSR Agreements dated July 07, 2014 attached hereto.
LA 948224623-2581 V2 A
9/3/13
EXHIBIT Al
PC71126 I July 07, 2014 1 2 of 7
Under our CUSTOMIZED SERVICE PROGRAM, Ontario Refrigeration shall provide the
Customer with a guaranteed performance based agreement entailing every aspect of
professional preventive and predictive maintenance services. The program begins with a
detailed equipment inventory by component. This inventory is entered into our computer data
bank of maintenance tasking as recommended, at minimum, by the equipment manufacturer.
This tasking is then supplemented by our own experience of equipment operation and service
requirements in the state of California since 1958. The program is further customized with the
Customer's individual application(s), operating run-time, and specific needs of the Customer's
occupants. Included in the program for the attached Inventory of Equipment is the following:
■ SYSTEM(S) OPERATIONAL ANALYSIS
Travel and jobsite labor including vehicle and living expense necessary to test existing
operation and performance characteristics of the equipment. Inspections in the form of
non-destructive testing, vibration and noise monitoring, chemical analysis, and routine visual
inspections will be performed to ensure that the system(s) are in proper operating condition
and to identify any potential system(s) failures. As customized for your system(s), the
following inspections typify these services as applicable:
Visually Inspect the Following:
- fan assemblies
- belts & sheaves
- motor mounts & vibration pads
- electrical connections & contactors
- heating & cooling coils
- filter media & racks
- sight glass condition
- bearings
- spray nozzles & pans
- ignitor & flame assembly
- heat exchangers
- compressor sections
- condensing sections
- heating sections
- humidifiers & strainers
- seals & packaging
- condensate drains & pans
- flame composition
- flue stack assembly
Physically Check and/or Test the
Following:
- lubrication requirements
- oil sump, heaters & temperatures
- starter operation
- water flows
- motor operating conditions
- suction & discharge pressures
- flow switch operation
- control interlocks
- damper operation
- external interlocks
- motor voltage & amperages
- refrigerant charges
- system(s) leaks
- oil & fluid levels
- pressure & temperatures
- outside air intakes
- refrigerant pump down
- crankcase heaters
V OWN
PC71126 I July 07, 2014 1 3 of 7
■ PREDICTIVE & PREVENTIVE MAINTENANCE
Travel and jobsite labor including vehicle and living expenses essential to ensure efficient
operating conditions and extended equipment life. Preventive Maintenance working in
tandem with Predictive Maintenance is performed to detect early signs of deteriorating
performance and to predict potential system(s) failures. These services diagnose and solve
equipment problems often before they occur. Preventive Maintenance is performed on an
ongoing basis and is scheduled with little or no equipment downtime with its primary objective
aimed at system(s) durability, reliability, efficiency, and safety. As customized for your
system(s), the following tasks typify these services as applicable:
Calibration:
Secure and Tighten:
- temperature controls
- motor terminals
- operating & safety controls
- control terminals
- humidity & pressure controls
-piping clamps
- transmitter & receiver gauges
- line fittings
- economizer controls
- mounting hardware
- electrical connections
Adjustment:
- equipment panels
- purge system(s)
- motor mounts
- superheat
- vibration pad nuts & bolts
- damper & valve linkages
- damper sections
- unloaders
- belt tensions; replace annually
Cleaning:
- fan rpm's
- control devices
- chemical feed equipment
- electrical contactors
- gas pressure regulators
- condenser coils (with water)
- combustion air ratios
- evaporator coils (as required)
- set points
- fan blades & impellers
- ignitor & flame rod assembly
- pilot & burner orifices
- sump floats
- ignitors
- condensate pans
Alignment:
- tower basins
- sumps & floats
- belt sheaves
- baffles & fill
- pulleys
- nozzles & passages
- coil fins
- equipment areas
- belt drives
- burner orifices
Vibration: Painting and Surface Preparation:
- damper linkages - as required, to help prevent corrosion and
- fan bearings deterioration of exterior equipment surfaces
- axial vane drives
- pumps
- motors
V.M:,oz
PC71126 I July 07, 2014 1 4 of 7
■ PROGRAM ADMINISTRATION
Ontario Refrigeration will be responsible to administer, monitor and update all aspects of the
service provided under this agreement. A complete set of documents will be generated,
including computerized maintenance task schedules, inventory records, and all other
documentation required for establishing operating trends and further corrective measures.
Detailed Service and/or Maintenance Reports will be left with Customer after every service
visit. Ontario Refrigeration will act on Customer's behalf to provide any documentation the
EPA may require regarding compliance with the Clean Air Act.
V.M1W
PC71126
July 07, 2014
5 of 7
The following equipment/system(s) shall be covered as previously described under the Service
Program.
City Hall
1 Package Unit
48HJD005-631
Carrier
4 Ton
Roof
2 Package Unit
48HJD008-631
Carrier
7.5 Ton
Roof
2 Package Unit
48HJD006-631
Carrier
5 Ton
Roof
1 Package Unit
48HJD012-651
Carrier
10 Ton
Roof
1 Condenser
RAKA024-JAZ
Rheem
2 Ton
Roof
1 Air Handler
To Be Determined
Rheem
2 Ton
Computer
Room
Room
Civic Center
1 Package Unit
48HJD014-631
Carrier
12 Ton
Roof
2 Package Unit
48HJD005-631
Carrier
4 Ton
Roof
1 Package Unit
48HJD009-631
Carrier
8.5 Ton
Roof
Community Room
2 Package Unit
GCS10-513-75-1
Lennox
4 Ton
Roof
Emergency Operations
Room
1 Heat Pump
HP9-65V2A
Lennox
5 Ton
Roof
1 Air Handler
To Be Determined
Lennox
5 Ton
Interior
This agreement is subject to the General Conditions on the reverse side of page one.
PC71126 I July 07, 2014 1 6 of 7
Ontario Refrigeration shall provide labor and material for the scheduling of filter service as
follows:
Package Unit
Pleated Filter
8
16x25x2 6
Package Unit
Pleated Filter
12
16x20x2 6
Package Unit
Pleated Filter
10
20x20x2 6
Air Handler
Pleated Filter
1
20x20x1 6
Air Handler
Pleated Filter
2
25x25x1 6
Air Handler
Pleated Filter
1-2
To Be Determined 6
This agreement is subject to the General Conditions on the reverse side of page one.
v.aamez
PC71126 I July 07, 2014 1 7 of 7
This is not an inspection proposal under which the equipment listed is merely inspected, oiled,
and adjusted on a quarterly basis.
This proposal includes a computerized preventative maintenance program under which Ontario
technicians perform necessary maintenance on the equipment according to its age, size, and
run-time in order to ensure proper system operation and efficiency. This results in fewer
equipment failures, increased equipment life, and maximum energy savings.
This agreement is subject to the Additional Agreement Tenns and Conditions on the reverse side of page one.
V 092102
EXHIBIT A2
PC71125 I July 07, 2014 1 2 of 7
Under our CUSTOMIZED SERVICE PROGRAM, Ontario Refrigeration shall provide the
Customer with a guaranteed performance based agreement entailing every aspect of
professional preventive and predictive maintenance services. The program begins with a
detailed equipment inventory by component. This inventory is entered into our computer data
bank of maintenance tasking as recommended, at minimum, by the equipment manufacturer.
This tasking is then supplemented by our own experience of equipment operation and service
requirements in the state of California since 1958. The program is further customized with the
Customer's individual application(s), operating run-time, and specific needs of the Customer's
occupants. Included in the program for the attached Inventory of Equipment is the following:
■ SYSTEM(S) OPERATIONAL ANALYSIS
Travel and jobsite labor including vehicle and living expense necessary to test existing
operation and performance characteristics of the equipment. Inspections in the form of
non-destructive testing, vibration and noise monitoring, chemical analysis, and routine visual
inspections will be performed to ensure that the system(s) are in proper operating condition
and to identify any potential system(s) failures. As customized for your system(s), the
following inspections typify these services as applicable:
Visually Inspect the Following:
-fan assemblies
- belts & sheaves
- motor mounts & vibration pads
- electrical connections & contactors
- heating & cooling coils
- filter media & racks
- sight glass condition
- bearings
- spray nozzles & pans
- ignitor & flame assembly
- heat exchangers
- compressor sections
- condensing sections
- heating sections
- humidifiers & strainers
- seals & packaging
- condensate drains & pans
- flame composition
- flue stack assembly
Physically Check and/or Test the
Following:
- lubrication requirements
- oil sump, heaters & temperatures
- starter operation
- water flows
- motor operating conditions
- suction & discharge pressures
- flow switch operation
- control interlocks
- damper operation
- external interlocks
- motor voltage & amperages
- refrigerant charges
- system(s) leaks
- oil & fluid levels
- pressure & temperatures
- outside air intakes
- refrigerant pump down
- crankcase heaters
v.Wz,oz
PC71125 I July 07, 2014 1 3 of 7
■ PREDICTIVE & PREVENTIVE MAINTENANCE
Travel and jobsite labor including vehicle and living expenses essential to ensure efficient
operating conditions and extended equipment life. Preventive Maintenance working in
tandem with Predictive Maintenance is performed to detect early signs of deteriorating
performance and to predict potential system(s) failures. These services diagnose and solve
equipment problems often before they occur. Preventive Maintenance is performed on an
ongoing basis and is scheduled with little or no equipment downtime with its primary objective
aimed at system(s) durability, reliability, efficiency, and safety. As customized for your
system(s), the following tasks typify these services as applicable:
Calibration:
Secure and Tighten:
- temperature controls
- motor terminals
- operating & safety controls
- control terminals
- humidity & pressure controls
- piping clamps
- transmitter & receiver gauges
- line fittings
- economizer controls
- mounting hardware
- electrical connections
Adjustment:
- equipment panels
- purge system(s)
- motor mounts
- superheat
- vibration pad nuts & bolts
- damper & valve linkages
- damper sections
- unloaders
- belt tensions; replace annually
Cleaning:
- fan rpm's
- control devices
- chemical feed equipment
- electrical contactors
- gas pressure regulators
- condenser coils (with water)
- combustion air ratios
- evaporator coils (as required)
- set points
- fan blades & impellers
- ignitor & flame rod assembly
- pilot & burner orifices
- sump floats
- ignitors
- condensate pans
Alignment:
- tower basins
- sumps & floats
- belt sheaves
- baffles & fill
- pulleys
- nozzles & passages
- coil fins
- equipment areas
- belt drives
- burner orifices
Vibration: Painting and Surface Preparation:
- damper linkages - as required, to help prevent corrosion and
- fan bearings deterioration of exterior equipment surfaces
- axial vane drives
- pumps
- motors
V,M102
PC71125 I July 07, 2014 1 4 of 7
■ PROGRAM ADMINISTRATION
Ontario Refrigeration will be responsible to administer, monitor and update all aspects of the
service provided under this agreement. A complete set of documents will be generated,
including computerized maintenance task schedules, inventory records, and all other
documentation required for establishing operating trends and further corrective measures.
Detailed Service and/or Maintenance Reports will be left with Customer after every service
visit. Ontario Refrigeration will act on Customers behalf to provide any documentation the
EPA may require regarding compliance with the Clean Air Act.
VU ,a
PC71125 I July 07, 2014 1 5 of 7
The following equipment/system(s) shall be covered as previously described under the Service
Program.
1 Package Unit To Be Determined Carrier 5 Ton Roof
This agreement is subject to the General Condhions on the reverse side of page one.
v w,.m
PC71125 I July 07, 2014 1 6 of 7
Ontario Refrigeration shall provide labor and material for the scheduling of filter service as
follows:
Package Unit Pleated Filter 1-2 To Be Determined 2
This agreement is subject to the General Conditions on the reverse side of page one.
v.oeanz
PC71125 I July 07, 2014 1 7 of 7
This is not an inspection proposal under which the equipment listed is merely inspected, oiled,
and adjusted on a quarterly basis.
This proposal includes a computerized preventative maintenance program under which Ontario
technicians perform necessary maintenance on the equipment according to its age, size, and
run-time in order to ensure proper system operation and efficiency. This results in fewer
equipment failures, increased equipment life, and maximum energy savings.
This agreement is subject to the Additional Agreement Terms and Conditions on the reverse side of page one.
vMIN
EXHIBIT A3
PC71124 I July 07, 2014 1 2 of 7
Under our CUSTOMIZED SERVICE PROGRAM, Ontario Refrigeration shall provide the
Customer with a guaranteed performance based agreement entailing every aspect of
professional preventive and predictive maintenance services. The program begins with a
detailed equipment inventory by component. This inventory is entered into our computer data
bank of maintenance tasking as recommended, at minimum, by the equipment manufacturer.
This tasking is then supplemented by our own experience of equipment operation and service
requirements in the state of California since 1958. The program is further customized with the
Customer's individual application(s), operating run-time, and specific needs of the Customer's
occupants. Included in the program for the attached Inventory of Equipment is the following:
■ SYSTEM(S) OPERATIONAL ANALYSIS
Travel and jobsite labor including vehicle and living expense necessary to test existing
operation and performance characteristics of the equipment. Inspections in the form of
non-destructive testing, vibration and noise monitoring, chemical analysis, and routine visual
inspections will be performed to ensure that the system(s) are in proper operating condition
and to identify any potential system(s) failures. As customized for your system(s), the
following inspections typify these services as applicable:
Visually Inspect the Following:
- fan assemblies
- belts & sheaves
- motor mounts & vibration pads
- electrical connections & contactors
- heating & cooling coils
- filter media & racks
- sight glass condition
- bearings
- spray nozzles & pans
- ignitor & flame assembly
- heat exchangers
- compressor sections
- condensing sections
- heating sections
- humidifiers & strainers
- seals & packaging
- condensate drains & pans
- flame composition
- flue stack assembly
Physically Check and/or Test the
Following:
- lubrication requirements
- oil sump, heaters & temperatures
- starter operation
- water flows
- motor operating conditions
- suction & discharge pressures
- flow switch operation
- control interlocks
- damper operation
- external interlocks
- motor voltage & amperages
- refrigerant charges
- system(s) leaks
- oil & fluid levels
- pressure & temperatures
- outside air intakes
- refrigerant pump down
- crankcase heaters
v.on:mu
PC71124
July 07, 2014
■ PREDICTIVE & PREVENTIVE MAINTENANCE
3 of 7
Travel and jobsite labor including vehicle and living expenses essential to ensure efficient
operating conditions and extended equipment life. Preventive Maintenance working in
tandem with Predictive Maintenance is performed to detect early signs of deteriorating
performance and to predict potential system(s) failures. These services diagnose and solve
equipment problems often before they occur. Preventive Maintenance is performed on an
ongoing basis and is scheduled with little or no equipment downtime with its primary objective
aimed at system(s) durability, reliability, efficiency, and safety. As customized for your
system(s), the following tasks typify these services as applicable:
Calibration:
Secure and Tighten:
- temperature controls
- motor terminals
- operating & safety controls
- control terminals
- humidity & pressure controls
-piping clamps
- transmitter & receiver gauges
- line fittings
- economizer controls
- mounting hardware
- electrical connections
Adjustment:
- equipment panels
- purge system(s)
- motor mounts
- superheat
- vibration pad nuts & bolts
- damper & valve linkages
- damper sections
- unloaders
- belt tensions; replace annually
Cleaning:
- fan rpm's
- control devices
- chemical feed equipment
- electrical contactors
- gas pressure regulators
- condenser coils (with water)
- combustion air ratios
- evaporator coils (as required)
- set points
- fan blades & impellers
- ignitor & flame rod assembly
- pilot & burner orifices
- sump floats
- ignitors
- condensate pans
Alignment:
- tower basins
- sumps & floats
- belt sheaves
- baffles & fill
- pulleys
- nozzles & passages
- coil fins
- equipment areas
- belt drives
- burner orifices
Vibration: Painting and Surface Preparation:
- damper linkages - as required, to help prevent corrosion and
- fan bearings deterioration of exterior equipment surfaces
- axial vane drives
- pumps
- motors
V.02102
PC71124 I July 07, 2014 1 4 of 7
■ PROGRAM ADMINISTRATION
Ontario Refrigeration will be responsible to administer, monitor and update all aspects of the
service provided under this agreement. A complete set of documents will be generated,
including computerized maintenance task schedules, inventory records, and all other
documentation required for establishing operating trends and further corrective measures.
Detailed Service and/or Maintenance Reports will be left with Customer after every service
visit. Ontario Refrigeration will act on Customer's behalf to provide any documentation the
EPA may require regarding compliance with the Clean Air Act.
VM,W
PC71124
July 07, 2014
5 of 7
The following equipment/system(s) shall be covered as previously described under the Service
Program.
Community Center
1 Package Unit
1 Package Unit
1 Package Unit
Annex
2 Heat Pump
2 Air Handler
2 Heat Pump
2 Air Handler
1 Heat Pump
1 Air Handler
Concession Stand
1 Evaporative Cooler
1 Make up Air Exhaust Fan
YCD300B3LOFA Trane
YCD240B3LBBE Trane
YCD0601-31LBBE Trane
25 Ton
Roof
20 Ton
Roof
5 Ton
Roof
38QRR060
Carrier
5 Ton
Roof
FX4CNF060
Carrier
5 Ton
Interior
38QRR048
Carrier
4 Ton
Roof
FX4CNF048
Carrier
4 Ton
Interior
38QRR036
Carrier
3 Ton
Roof
FX4CNF036
Carrier
3 Ton
Interior
ES4300
Adobe
3/4 HP
Roof
16S1PB
Loren Cook
1 HP
Roof
This agreement is subject to the General Conditions on the reverse side of page one.
v.M102
PC71124 I July 07, 2014 1 6 of 7
Ontario Refrigeration shall provide labor and material for the scheduling of filter service as
follows:
Package Unit
Pleated Filter
8
20x25x2 4
Package Unit
Pleated Filter
8
20x20x2 4
Package Unit
Pleated Filter
2
20x25xl 4
Evaporative Cooler
Cooler Media Pad
3
36x24 1
Air Handler
Pleated Filter
2
24x24x1 4
Air Handler
Pleated Filter
3
20x24xl 4
This agreennenl is subject to the General conditions on the reverse side of page one.
v=IW
PC71124 I July 07, 2014 1 7 of 7
This is not an inspection proposal under which the equipment listed is merely inspected, oiled,
and adjusted on a quarterly basis.
This proposal includes a computerized preventative maintenance program under which Ontario
technicians perform necessary maintenance on the equipment according to its age, size, and
run-time in order to ensure proper system operation and efficiency. This results in fewer
equipment failures, increased equipment life, and maximum energy savings.
This agreement is subject to the Additional Agreement Terms and Conditions on the reverse side of page one.
VAUIM
a
EXHIBIT "B" SCHEDULE OF PERFORMANCE
CONTRACTOR shall provide services identified in Exhibit "A" as follows:
Monthlv Basis
• Live Oak Park Community Center
• Live Oak Park Annex
• Live Oak Park Concession Stand
Bi-Monthlv Basis
• City Hall and Computer Room
• Civic Center
• Community Room
• Emergency Operations Center (EOC)
Bi -Annual Basis
• City Yard
Special Services
• As Needed
LA #4822A623-2581 v2 B 0
9/3/13
EXHIBIT "C" COMPENSATION
The CITY shall pay the CONTRACTOR to perform services provided herein as follows:
City Hall, Civic Center, Community Room, EOC $5,472/year; $912/bi-monthly
Live Oak Park Community Center,
Annex, Concession Stand $4,596/year; $383/month
City Yard 368/year; $184/bi-annual
$10,436 Total
SPECIAL SERVICES
Monday — Friday (8a.m. to 5p.m.) $108/hour + $45 vehicle charge
After-hours $162/hour + $45 vehicle charge + $75 emergency fee
The agreement price is subject to adjustment on each anniversary date of this Agreement,
if the parties mutually agree to extend the term, to reflect increases in the cost of labor,
materials, and related costs. The annual increase shall not exceed the lower of the
percentage rate increase in the National Consumer Price Index for Urban Consumers
(CPI -U), under the expenditure category for all items, over the previous twelve month
period, or an increase not to exceed 3% per year.
LA #4822-4623-2581 W2 C
9/3/13
EXHIBIT "D" REPRESENTATIVES
City of Temple City
Community Development Department
attn: Robert Sahagun, Public Safety and Services Manager
9701 Las Tunas Drive
Temple City, California 91780
Facsimile: (626) 285-2171
Ontario Refrigeration Service, Inc.
Attn: Phil Talleur, President
6002 San Fernando Road
Glendale, CA 91202
LA 1!4822-4623-2581 v2
9/3/13
EXHIBIT "E" BONDS REQUIRED
None Required
LA #4822-4623-2581 v2
9/3/13
EXHIBIT "F" INSURANCE REQUIREMENTS FOR CITY OF TEMPLE CITY
The City requires a certificate of insurance, including an underwriter's
endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the
following provisions:
That the City of Temple City and its respective officers and employees are
additional insureds under the policy;
Z The policies are primary and non-contributory to any insurance that may be
carried by City;
3. The City is entitled to thirty (30) days' prior written notice (10 days for
cancellation due to non-payment of premium) of cancellation, material reduction,
or non -renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that
have rated "A-" and "W or better by the A.M. Best Key Rating Guide, that are
licensed to do business in the State of California. City will accept insurance
provided by non -admitted "surplus lines" carriers only if the carrier is authorized
to do business in the State of California.
Only the following "marked" requirements are applicable:
Commercial General Liability (CGL): Insurance written on an occurrence
basis to protect Contractor and City against liability or claims of liability which may arise
out of this order in the amount of one million dollars ($1,000,000) per occurrence and
subject to an annual aggregate of one million dollars ($1,000,000). There shall be no.
endorsement or modification of the CGL limiting the scope of coverage for either
insured vs. additional insured claims or contractual liability. All defense costs shall be
outside the limits of the policy.
Vehicle Liability Insurance: Contractor shall also procure and shall maintain
during the term of this order vehicle liability insurance in an amount not less than,
$1,000,000 for injuries, including accidental death, to any one person, and subject to the
same minimum for each person, in an amount not less than one million dollars
($1,000,000) for each accident, and property damage insurance in an amount of not
less than one million dollars ($1,000,000).
Workers' Compensation Insurance: For all of Contractor's employees who
are subject to this order and to the extent required by applicable state or federal law,
Contractor shall keep in full force and effect a Workers' Compensation policy. That
policy shall provide a minimum of one million dollars ($1,000,000) of employers' liability
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coverage, and Contractor shall provide an endorsement that the insurer waives the right
of subrogation against the City and its respective elected officials, officers, employees,
agents and representatives. In the event a claim under the provisions of the California
Workers' Compensation Act is filed against City by a bona fide employee of Contractor
participating under this Agreement, Contractor is to defend and indemnify the City from
such claim.
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