17-1201_ROHAN AND SONS, INC_E9_Agenda ReportTO:
FROM:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~n Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director ..LMA-
PREPARED BY: Tom Toman, Assistant Public Works Director~
Rod Hamilton, Public Works Manager
DATE: October 3, 2017
10/3/2017
E9
SUBJECT: Consideration of a Maintenance Services Agreement for Heating,
Ventilation, and Air Conditioning Maintenance and Repair Services
(Rohan and Sons Inc.)
RECOMMENDATION:
Approve and authorize the City Manager to execute a Maintenance Services Agreement
with Rohan and Sons Inc. to provide heating, ventilation, and air conditioning
maintenance and repair services for City facilities, for a four year and seven month
period commencing on December 1, 2017, and ending June 30, 2022, for an annual
amount not-to-exceed the amount of available funding in the annual Operations and
Capital Improvement budgets.
EXECUTIVE SUMMARY:
The City's current agreement for heating, ventilation, and air conditioning (HVAC)
maintenance and repairs with Rohan and Sons expires on November 30, 2017. This
service is needed in order to provide for proper upkeep of HVAC systems in all City-
owned facilities. Based on two proposals received in response to a Request for
Proposals (RFP) issued on July 18, 2017, staff recommends that the City Council
approve a Maintenance Services Agreement (MSA) with Rohan and Sons, which had
the highest ranked proposal and the lowest fee. The proposed Agreement, included as
Attachment 1, is for a term of four years and seven months commencing on December
1, 2017, and ending on June 30, 2022. The total annual amount of the agreement is
not-to-exceed the available funding in the annual Operations and Capital Improvement
budgets, which for the current Fiscal Year is $13,885.
City Council Agenda Report
October 3, 2017
Page 2 of 3
DISCUSSION/ANALYSIS :
Staff issued an RFP for HVAC maintenance and repair services on July 18, 2017, and
two contractors responded with proposals. Both proposals were evaluated through a
qualifications based process , which is consistent with the City's procurement policy . The
evaluation criteria included operational experience, overall qualifications, ability of
respondent to deploy services, past experience with the City, and pricing. Based on a
staff review and evaluation of the two proposals submitted, staff ranked Rohan and
Sons as the best overall responsive bidder. Rohan and Sons has been providing these
services to the City since 2011 and has demonstrated an ability to execute projects in a
timely manner, and provide consistent technical support to the Public Works Operations
and Maintenance Division. A comparison of costs presented in the respondent
submittals indicated that the lowest overall pricing was proposed by Rohan and Sons ,
as shown in the table below.
• • • • • •
Overall Rank Proposer Proposal Score
(25 maximum)
~ Rohan and Sons 24.00
ACCO 14.33
FISCAL IMPACT:
Yearly Service
Pricing
$11 ,602
$23 ,517
The proposed Agreement is for a term of four years and seven months commencing on
December 1, 2017, and ending on June 30, 2022, with an annual total fee amount that
shall not exceed the amount of available funding in the annual Operations and Capital
Improvement budgets. For Fiscal Year 2017-2018, the budget for HVAC maintenance
and repair services is $13,885.
ENVIRONMENTAL IMPAC T:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA
applies only to activities that would have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Maintenance and repair of heating, ventilation, and air conditioning
equipment would not be an activity with potential to cause significant effect on the
environment, and is therefore exempt from CEQA.
CITY COUNCIL REVIEW:
• On November 1, 2011, the City Council approved a Personal Services Agreement
with Rohan and Sons to provide HVAC maintenance services citywide for a three
year term, with three one-year optional extensions, subject to available funding .
City Council Agenda Report
October 3, 2017
Page 3 of 3
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item did not require commission, committee, or board review.
NOTIFICATIONS:
Rohan and Sons Inc.
ACCO
ATTACHMENTS :
Attachment 1: Proposed Maintenance Services Agreement
CITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
FOR HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND
REPAIRS SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of December, 2017 by and
between the City of San Juan Capistrano, a municipal corporation organized under the laws of
the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, California 92675 ("City") and Rohan and Sons, Inc. a Corporation with its
principal place of business at 244 Calle Pintoresco, San Clemente, CA. 92673 ("Contractor").
City and Contractor are sometimes individually referred to as "Party" and collectively as
"Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing heating, ventilation, and
air conditioning maintenance and repair services (HV AC Maintenance and Repair
Services) to public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of Califomia, and that it is familiar with the
plans of City. Contractor shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the HVAC Maintenance
and Repair Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. Contractor promises and agrees to fumish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional HV AC Maintenance and Repair
Services necessary for the Project ("Services"). The Services are more particularly described
in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
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incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2017 to
June 30, 2022, unless earlier terminated as provided herein. Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the tetm of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all repm1s and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule, City
shaH respond to Contractor's submittals in a timely manner. Upon request of City, Contractor
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to App licabl e Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City s Repre entative. The City hereby designates Director of Public
Works and Utilities, or his or her designee, to act as its representative for the performance of
this Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.5 ontractor· Representative. Contractor hereby designates Dean Rohan,
V.P. or Tom Medina V.P., 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
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this Agreement. The Contractor's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3 .2. 7 Standard of Care; Performance of Employee . Contractor shall perform all
Services under this Agreement 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 maintains that it is skilled in the professional calling
necessary to perfmm the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perfmm the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perfotm the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the te1m of this Agreement. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein. Any employee of
the Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Contractor and shall
not be re-employed to perfmm any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall pe1form
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
("Performance Time"). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Di putes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Agreement,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
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3.2.10 Laws and Regulations; Emp loy ee/Labor Cettifications. Contractor shall
keep itself fully infmmed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the perfonnance of the Project or 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. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to cettain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It
is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 E mployment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Refmm and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the te1m of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Contractor 's compliance with the requirements provided for
in Section 3.2.1 0 or any of its sub-sections.
3 .2.1 0.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and Consultants. To the same extent and under the same conditions as Contractor,
Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing
any work relating to the Project or this Agreement to make the same verifications and comply
with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.1 0.3 E molovment E ligibility; Failure to omply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to
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terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3 .2.1 0.2; (2) any misrepresentation or material omission conceming compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements. ·
3.2.1 0.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3 700 of the Califomia Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 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, 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.
3.2.10.6 Air Quality. Contractor must fully comply with
all applicable laws, mles and regulations in fumishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the Califomia Air Resources Board (CARB). Contractor shall specifically be aware of the CARB
limits and requirements' application to "portable equipment", which definition is considered by
CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify
City against any fines or penalties imposed by CARB or any other govemmental or regulatory
agency for violations of applicable laws, mles and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and mpliance. To the extent applicable,
Contractor's Services must account for, and fully comply with, all local, state and federal laws,
mles and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
Califomia Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
mles and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City's ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground
or surface water in the state.
(B) Liability for Non-ompliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
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defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from and against
any and all fines, penalties, claims or other regulatory requirements imposed as a result of
Contractor's non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3 .2.11 Insurance.
3.2 .11.1 Time for Compliance. Contractor shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirement . Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $1,000,000.00 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other f01m
with general aggregate limit is used including, but not limited to, form CG 2503, either the
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general aggregate limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occuiTence limit; (2) Automobile Liability: $1,000,000.00 per
accident for bodily injury and propetty damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
Califomia. Employer's Liability limits of$1,000,000.00 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices: ancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (1 0) days after receipt of written notice of
such cancellation or reduction of coverage, file with the City evidence of insurance showing that
the required insurance has been reinstated or has been provided through another insurance
company or companies. In the event any policy of insurance required under this Agreement does
not comply with these specifications or is canceled and not replaced, the City has the right but
not the duty to obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium
from Contractor payments. In the altemative, the City may suspend or terminate this Agreement.
(D) Additional lnsmed. The City of San Juan Capistrano, its
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor's and its subcontractors' policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3 .2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CO forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment fumished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City's own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its officials, officers,
employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set fmth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the patties required to be named as additional insureds pursuant
to this Section 3 .2.11.3(A).
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(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: ( 1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed
by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
officials, officers, employees, agents, and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way. NotWithstanding the
minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of
the specified minimum limits of coverage shall be available to the parties required to be named
as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thitty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents, and
volunteers. Any failure to comply with reporting or other provisions of the policies including
breaches of watTanties shall not affect coverage provided to the City, its officials, officers,
employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds: No Special Limitations: Waiver of
Subr gation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its officials, officers, employees, agents, -and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Contractor
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
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3.2.11.6 Subcontractor lnsuran c e Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City-may approve different
scopes or minimum limits of insurance for particular subcontractors . The Contractor and the City
shall be named as additional insureds on all subcontractors ' policies .of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3 .2 .11. 7 Acc eptability of lnsmer . Insurance is to be placed with
insurers with a current A .M . Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City . The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and endorsements
must be received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies , at any time.
3.2.11.9 Re pmting of C laim s . Contractor shall report to the City, m
addition to Contractor's insurer, any and all insurance claims submitted by Contractor m
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations, •
and shall 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 . Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures ; (B) instructio_ns in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds .
3.2.13.1 Performance Bond. Not required t(Jr this contract
3 .2.14 Acc ounting Rec ord s . Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. 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,
ATTACHMENT 1
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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.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set fmth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed UNIT PRICES NOTED IN EXHIBIT "C" AND NOT TO EXCEED THE
AGGREGRATE AVAILABLE FUNDING AMOUNT IN THE OPERATING AND
CAPITAL IMPROVEMENT BUDGET and without written approval of City's Director of
Public Works and Utilities. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the pmties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wage . Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et ~., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects . Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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 at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.3.6 Regi tration. Since the Services are being performed as part of an
applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections
1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department
of Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractor. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
See Exhibit D "Certificate of Compliance".
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and specifying the effective date thereof, at least
seven (7) days before the effective date of such te1mination. Upon termination, Contractor shall
be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect ofTermination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3 .4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
City:
Rohan and Sons, Inc.
244 Calle Pintoresco, San Clemente, CA. 92673
Dean Rohan, V.P. or Tom Medina V.P.
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works and Utilities
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
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the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occuned, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to propetiy or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, enors or omissions of Contractor, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Contractor's Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligation . Contractor shall defend, with
Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or
other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City
or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs,
including expert witness fees. Contractor shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incuned by each
of them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall survive expiration or termination of this Agreement, and shall not
be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees,
agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Orange County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code claim
is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be baned from bringing and maintaining a valid lawsuit against
the City.
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3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successor and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assig1m1ent 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.
3.5.8 Con truclion; References; Caption . Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
tetm referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendmenl; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or perfmmed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5. 7, there are no intended third party beneficiaries of any tight or obligation assumed
by the Parties.
3.5.12 JJwalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and wan·ants 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. Contractor further
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agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 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 this Agreement.
3.5.15 Attorneys Fees and Co ts. If any action in law or equity, including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in
an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.17 Counterpa1·ts. This Agreement may be signed m counterparts, each of
which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.19 Federal Provisions. N/A
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ROHAN AND SONS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day
ofDecember, 2017.
CITY OF SAN JUAN CAPISTRANO
By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
ROHAN AND SONS, INC.
Signature
Name
Title
Date
ATTACHMENT-1
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EXHIBIT "A"
Scope of Services
General:
a) Work will ordinarily be performed between the hours of7:00 AM and 5;30 J>M, Monday
through Friday (except where noted). During emergencies, work may be required at other
than normal hours. The Contractor must receive the approval of the Director of Public
Works (herein after Director) or authorized representative, prior to commencing any
work and in all cases.
b) Contractor shall maintain an adequate crew of employees to perform the service required .
c) Contractor will be required to supply a list of equipment owned and available for work.
d) Unit prices quoted shall include all required safety equipment. Traffic control may be
required on some sites, and shall be included in quoted prices.
e) Unit prices for after-hours or emergency work shall be for actual time spent on the job
site. No travel time will be paid.
f) Contractor shall protect any and all private property adjacent to work areas. Any damage
to private property resulting directly or indirectly from Contractor's actions shall be the
responsibility of the Contractor.
g) All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
h) Contractor must be able to provide a list of employee's names, dates worked and hours
worked on each date, for each project or job, if requested by the City.
i) Contractor agrees to require his/her employees to present a neat appearance at all times
while engaged in the performance of their duties and maintain good bearing and
deportment towards the public. Should, for any reason, an employee be unsatisfactory in
the opinion of the Director or authorized representative, the Contractor, when notified in
writing, shall cause that employee to be removed from the project or job and replaced by
an employee satisfactory to the Director or authorized representative.
j) Contractor shall require each employee to adhere to basic standards of working attire.
Each employee shall wear a uniform shirt with the Contractor's company name or
insignia clearly visible, proper shoes and other gear required by state safety regulations.
61147.02100\12888815.1
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k) Contractor shall provide, for all projects, a supervisor/foremen with a minimum of five
(5) years of experience related to the HVAC industry. The supervisor/foreman shall
remain on-site during the entire project or job.
1) Contractor and all employees shall possess a valid/cunent California Driver License,
including all insurances, as required by the City.
m) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory
performance of the work set forth in this RFP/contract. All vehicles and equipment shall
display the name and/or logo of Contractor's company. The name and logo shall be large
enough to be easily legible from a distance of fifty (50) feet, during the course of their
work.
n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and
maintained in excellent mechanical condition.
o) Contractor is required to supply storage for equipment that is used in the City. Equipment
shall not be stored in the public right of way or on any other City property without
written authorization from the Director or authorized representative.
p) Contractor is required to supply storage for materials that are used in the City. Material
shall not be stored in the public right of way or any other City property without written
authorization from the Director or authorized representative. Contractor shall furnish all
material, including, but not limited to, equipment, etc., necessary for the performance of
the work set forth in this contract.
q) Contractor shall provide such adequate supervision as to furnish ongoing supervision of
workmanship and adherence to schedules by the employees performing the work under
contract. As may be necessary or required by City, the field supervisor or their
representative shall check with the Director or authorized representative as to ( 1)
schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall
submit such reports as the City may require, ensuring compliance with scheduled work.
r) The Contractor shall provide the City at all times throughout the duration oftli!s contract
emergency telephone numbers of at least two (2) qualified persons who can be called for
emergency conditions at any time that Contractor's representatives are not immediately
available at the job site. An alternate emergency number shall be provided in case no
answer is received at the first number. The emergency number shall be used to contact
the representative of the Contractor who can take the necessary action required to
alleviate an emergency condition or job related complaint which threatens to cause
damage to any City property or compromise the public's safety.
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s) Contractor is required to provide the City with a 24-hour emergency number for contact
outside normal working hours. The response to an emergency call-out by the Contractor
shall not be more than two (2) hours and shall be considered part of the normal contract
except when delayed by problems caused by vehicle accidents or Acts of God.
t) Contractor shall provide the City with one (1) copy of an "Emergency Medical Facility
Designation and Procedure Sheet" before a contract is awarded. On this sheet, the
successful proposer must designate a twenty-four (24) hour emergency medical facility to
provide emergency medical treatment/care in the event of injury to any of the
Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead
worker to transport or make arrangements for the transportation of any injured employee
to and from the designated emergency medical facility or any similar medical facility.
Special:
1) Work to be done
a) Work shall be completed by the Contractor on a regularly scheduled and as needed basis,
pursuant to this RFP/contract. Work could be one project or several different projects
lumped together, each with varying work elements.
b) For work other than regularly scheduled maintenance and repair services, the Director or
authorized representative will place all requests directly to the Contractor, by written
work order or via telephone call or electronic mail. The Director or authorized
representative reserves the right to request from the Contractor a written cost estimate
before authorizing the work. The Contractor shall respond with a cost estimate within 24
hours, excluding weekend and holiday.
c) Contractor's work shall proceed in an orderly manner. Wherever possible, maintenance
and repair work shall be completely finished prior to work personnel proceeding to the
next work site location. Any exceptions shall first be approved by the Director or
authorized representative.
d) Buildings/facilities and equipment to be covered under this RFP/contract shall include
those as set forth in Exhibit "C". The City reserves the right to add or delete service
locations during the term of this RFP/contract.
e) All other work must begin no later than the following requirements, and as first approved
by the Director or authorized representative. Failure to comply with response times shall
be considered as non-compliance. Repeated failure to comply may result in contract
termination. All maintenance and repair services shall be completed within a reasonable
and expedient manner, based on the severity of the request.
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ID
ss
SAHS
ES
EAHS
SERVICE CATEGORY PERFORMANCE PERIOD RESPONSE TIME
Standard Service Regular Business Hours Only 2-4 Hours (excluding
(M-F , 7:30a.m. to 5:30p.m.) weekends and
Holidays)
Standard After Hour Service After Regular Business 2-4 Hours (Including
Hours, weekends and weekends
Holidays Holidays)
Emergency Service Regular Business Hours Only 1-2 Hours
(M-F , 7:30a.m. to 5:30 _p_.m.)
Emergency After Hour Service After Regular Business 1-2 Hours
Hours, weekends and
Holidays
f) R egular sch eduletf Preveutative Maintenan ce work (SS or S A HS) shall include, but
not limited to the following:
i) Pre-Winter startup of all HVAC systems/units (e.g . fumaces , heat pumps and heaters)
shall be done to coincide with quarterly tune up , belt/filter servicing in September.
ii) Pre-Sununer startup of all HV AC systems/units (e.g. A/C and heat pumps) shall be
done to coincide with the quarterly tune-up and belt/filter servicing in March.
iii) Quarterly tune up and belt/filter/servicing of all HV AC systems/units shall be done in
December, March, June, and September. Quarterly tune up shall include the
inspection and cleaning of any condensation drains, brushing of coils , oiling of
motors as n eeded , checking refrigerant volume and pressures, checking performance
of heating and cooling cycles, checking electrical connections , and taking
voltage/amperage readings . Belt/filter servicing shall include replacement of
defective belts and obstructed filters with new belts and with the maximum possible
particulate matter capturing air filters.
iv) Bi-annual washing of all HVAC systems/units (e.g. coils , etc.) shall be done during
lhe scheduled March and September quarterly tune up and belt/filter/servicing. Only
non-toxic environmentally safe .. and J-IV AC manufacturer approved solvents or
solution shall b e used for washing. NOTE: Depending on location and voluwe and at
the Director's or authorized representative 's request, wash fluids may nt(ed to be
captured such that fluid(s) do not enter a storm drain , cause erosion or present a
hindrance to the public or others. Regardless , all fluids shall be cleaned up and site
resto r ed to better or pre-existing conditions .
v) With regard~ to regularly scheduled work, the Contractor shall continuously monitor
the overall performance of all systems/units/equipment and provide the Director or
authorized representative with wtitten recommendations for any enhancements or
recommended changes.
g) Contractor shall fumish all labor, supervision, methods of process es, implements, tools,
machinery, safety equipment, traffic control, materials and proper licensing required to
identify , li st and perfmm HVAC maintenance and repair services in those areas
and
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ATTACHMENT 1
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designated by this RFP and shall leave the area in a neat condition. The scope of the
HV AC work may vary according to need.
h) Contractor shall furnish and maintain records designating exact locations and areas of
repairs and maintenance. Such reports shall be signed by the Contractor and the Director
or authorized representative in charge of overseeing the work. If the Director determines
the Contractor has not satisfactorily completed work on any facility, the City shall
withhold payment for such work until such facilities is properly maintained or repaired.
i) Work will not be performed without prior approval and only as authorized by the
Director or authorized representative.
j) Work shall proceed in an orderly manner. Wherever possible, repair work shall be
completely finished prior to work personnel proceeding to the next location. Any
exceptions shall be approved by the Director or authorized representative.
k) The Director or authorized representative reserves the right to increase or decrease the
quantity of any item or portion of the work or to omit portions of the work as may be
deemed necessary or advisable by the Director. The Director or authorized representative
may make such alterations or deviations, additions to, or omissions from these
specificationsi as may be determined during the progress of the work to be necessary and
advisable for the proper completion thereof. Such alterations or deviations, additions or
omissions shall in no way affect or make void the contract. Upon written order of the
Director or authorized representative,'C<mtractor shall proceed with the work as
increased, decreased or altered.
2) Work requh·ements
a) Contractor shall perform all services required within these specifications. All services
shall be performed in the highest professional manner, and in accordance with all
applicable, c1ment industry standards, regulations codes and statutes. Unless the means or
methods of performing a task are specified elsewhere in this contract, Contractor shall
employ methods that are generally accepted and used by the HVAC industry.
b) Contractor shall, for the entire term of this RFP/contract, retain a current State of
California C-20 license; all work shall be performed consistent with C-20 licensing
requirements. Additionally, as applicable, the Contractor shall perform all work pursuant
to the most cutTent HVAC industry standards, adopted building/mechanical codes and all
City ordinances. In some cases, the contractor may also be required to comply with
61147.02100\12888815.1
ATTACHMENT 1
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. '
applicable standards per the Standard Specifications for Public Works Construction
(Green Book).
c) The Contractor shall be responsible for all necessary precautions to prevent public
trespass into the work area, during and following construction and until such time as the
work area is complete and ready for public use.
d) Rubbish and construction debris shall be disposed of at an approved disposal site. After
removal of debris, the work area(s) shall be left in a neat and presentable condition and to
the satisfaction 'ofthe Director or authorized representative.
e) The Contractor shall verify the location of all utilities prior to construction, repair or
maintenance and shall be held liable for all damages incurred due to Contractor's work
related operations.
c) The Contractor must remain within the maintenance areas to the best of their ability. The
Contractor must protect all existing private property. Contractor shall further protect
property and facilities adjacent to the maintenance areas and all prope11y and facilities
within the maintenance areas. After completion of project, the maintenance area shall be
clean and in a presentable condition. All public or p1ivately owned improvem~nts and
facilities shall be restored to their original condition and location. In the event
improvements of the facilities are damaged, they shall be replaced with new materials
equal or better to the original. Contractor shall repair such damage at their expense.
d) Contractor shall, where applicable, comply with all City regulations regarding NPDES
(National Pollution Discharge Elimination System) Requirements and the City 1 s Best
Management Practices. Contractor shall not discharge anything to the storm drain, creek
or adjacent water ways. Contractor will contain and capture any materials that niay
potentially reach a storm drain, creek or adjacent water way. Contractor shall implement
any and all Best Management Practices (BMP's) as may be necessary.
f) Contractor must take all due precautionary measures to protect all of the existing utilities.
When necessary, the Contractor shall have all utilities located by contacting the
responsible agency at least 48 hours prior to commencing any work. The Contractor's
attention is directed to the one-call utility notification service provided by Underground
Service Alert (USA). USA member utilities will provide the Contractor with the locations
of their substructures when given at least 48 hours' notice. Such requests should be
requested through USA@ 811 or 800-227-2600.
61147.02100\12888815.1
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3) Acceptance of Wot·k
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects and in accordance with this RFP/contract.
4) BiUing, Records -and Reports
61147.02100\12888815,1
a) Contractor shall maintain a record of all work performed,:including but
not limited to location and types and amounts
maintained/installed/removed. This record shall list the date(s)ofthe
service and/or work performed. A copy of such record shall be provided to
the Director upon completion of each work order. The contractor shall
return appropriate and completed work orders showing the date and
inventory of work performed and it shall be attached to each invoice.
Contractor shall provide a billing fmm and progress payment form
approved by the Director or authorized representative.
b) Upon submittal of an invoice for work completed by the Contractor, the
Director/City shall pay net 45 days, unless otherwise agreed upon by the
Director/City and the Contractor.
ATTACHMENT 1
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EXHIBIT "B"
Schedule of Services
Maintenance and service date(s): As scheduled per this agreement (Exhibit "C") and as_
needed.
Removal or repair date(s):
NOTE:
. ,
61147.02100\12888815.1
See above.
Dates may be flexible, pending weather related conditions
and Contractor/City operational needs .
ATTACHMENT 1
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EXHIBIT "C''
Compensation
(CONTRACTOR)
To: Director of Public Works, City of San Juan Capistrano ..
The undersigned, as proposer, declares he/she has carefully examined the t'ocation of the
proposed work and has read all requirements as described in the RFP,. and hereby proposes and
agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and
related MSA for the following costs noted herein.
Said amounts are to include and cover all taxes, the performing of all the labor requisite or
proper and the providing of all necessary machinery, tools, apparatus, materials and other means
of maintenance; also, the performance and completion of all the work in the manner set forth,
described and shown in the RFP for the work. Contractor will not be required to pay for permits
on City projects.
Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set
forth in this Exhibit C and that they are correct to the best of his/her knowledge and that they
constitute his/her complete proposal for the work required as noted in the RFP.
*NOTE: All costs shall be based on the full term noted in§ 3.1.2 of the agreement*
Schedule A-Regular scheduled (SS or SAHS) or ES/EAHS work costs
Work Service Performance Period Mandatory Response Hourly Cost I'J!Sfing
10. Category
ss Standard Service Regular Business Hours Only
(M-F, 7:30a.m. to 5:30p.m.)
SAHS Standard After After Regular Business Hours,
Hour Service weekends and Holidays
ES Emergency Regular Business Hours 0\IIY
Service (M-F , 7:30a.m. to 5:30p.m.)
EAHS Emergency After After Regular Business Hours,
Hour Service weekends and Holidays
61147.02100\12888815.1 MSA page 24
Time
2-4 Hours (excluding
weekends and
Holidays)
2-4 Hours (Including
weekends and
Holidays)
1-2 Hours
1-2 Hours
Materials @ %
Over Hourly Time
$
/20. c C>
$
/8<9.~0
$ /.f3o .. 00
$ 3G0.~0
ATTACHMENT 1
Page 24 of 29
-o
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(1)
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CITY HALl COMPLEX
~
-UTILITY DEPARTMENT BlDG
~ ~ ~ z 61147 .02100li2888SI5.1
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Schedule B -Annual costs for regular scheduled PM services (SS or SAHS as needed)
32400 PASEO ADELANTO UNIT MAKE MODEl SERIAI.t FILTERS
" ENTRY AREA 1 CARRIER 650ANX042000ADDAA 2201E06008 16X25X4
CHAMBER/CONFERENCE ROOM #1 2 CARRIER JT5BD024KA JTF120100790 6-18X18X2
HALLWAY & COPY ROOM 3 BRYANT 650ANX024000ADAA 2201E06008 2-16X25X4
ATTORNEY OFFICE 5 RHEEM FADED FADED 20X25X4
CHAMBER/CONFERENCE ROOM #2 6 AMANA PTH153G35AXXXAA 1502609028 WASHABLE
MANAGERS AREA 7 CARRIER 48TM0008-A-501 5005650509 4-16X20X2
PUBLIC WORKS (ONE STOP SHOP) 8 BRYANT 574DPWA60090NA 4310C13229 20X24X1
SERVER ROOM #1 9 BRYANT F4FP030H05T2AN A067086838 16X20X1
SERVER ROOM #2 10 GOODMAN GSC130241 1411025716 12X20X1
PLANNING DEPARTMENT 11 BRYANT 549BPX090000AK 2406611550 4-16X20X2
TELEPHONE ROOM 12 RHEEM RACB-018JAS 2161F17843368 16X20Xl
COMMUNITY PUBLIC WORKS 13 BRYANT 561CPX060000AEAA 4100El3404 16X20X2
PHONE ROOM 14 BRYANT FADED FADED WASHABLE
CITY MANAGERS OFFICE 4 WALL KING FADED FADED 14X24X1
TRAILER A: STORAGE/CONF RM 12 DAY-NITE 1PH0336000KOOOC C123424173 12X20X1
TRAILERS 13 BRYANT 604DNXA36000AA 3510C00621 18X20X1
TRAILER C: BREAK RM/STORAGE A/C BRYANT 601ANX042000AAAG 4805G51257 12X20X1
Ill
TRAILER C: I.T. DEPT A/C SOL-AIRE J24H2-AOOXPXXXE 314N153286007.{)2 16X20X1
#2
32470 PASEO ADELANTO UNIT MAKE I MODEL SERIAL I FILTERS
I#
ADMINISTRAnON OFFICE #1 18 YORK 83HP036A06A NOH82511631 2-14X22Xl
ADMINISTRATION OFFICE #2 19 YORK B3HP036A06A NOH82511632 2-14X22X1
MSA page25
YEAR Annual PM costs
2001 $ ?J2
2013 $ 2.1'2-
2001 $ LlZ-
unknown $ 2.-12
2015 $ ?_12
2005 $ 2-12..
2010 $ 2-t'L
1967 $ 2l '2...
2015 $ 2...l2..-
2006 $ 2-IL-
1978 $ z.JL,
2000 $ 1....12
unknown $ '2...12..
unknown $ 2.12-
2012 $ 21'2.-
2010 $ 'U'Z-
2005 $ U'L
2015 $ Z-1"2
YEAR Annual PM costs
1982 $ 2-12_
1982 $ 2..12..
)>
-I
""'0--1
Ill )>
CO() co I
NS: mm
0 z ----~ N <.0 __,..
MAINTENANCE YARD BlDG
COMMUNITY CENTER
COMMUNITY CENTER
COMM-CNTR-
GYMNASIUM
t~IJ ..l.7 0:IOO t =:s :o~s :-;t ~ I
--------·
PUBLIC WORKS BLDG 2.0
1 32400 PAS EO ADELANTO UNIT
II
UTILITY FIELD BLDG 16
UTILITY FIELD BLDG CU-40
PUBLIC WORKS 17
25925 CAMINO DEL AVION UNIT
#
KITCHEN UNIT HPl
HP2
CONFERENCE ROOM HP3
SENIOR CENTER HP4
HP5
HP6
SENIOR LOUNGE HP7
HP8
HP9
25925 CAMINO DEL A VI ON UNIT
It
HP 10
HPll
HP12
25925 CAMINO DEL AVION UNIT
It
HPl
HP2
HP3
l'v!St\ page 26
DAY -NITE IN4H348AKE
MAKE MODEl
BRYANT 661CJX036000ABAA
BRYANT 661CJX018000AAAA
MAYTAG MGC2SA108C35C
MAKE MODEL
CARRIER 50TJQ012-601GA
CARRIER 50TJQ004-601GA
CARRIER 50TJQ004-601GA
CARRIER 50TCQA07A2A60AOA
CARRIER 50TJQ012-601GA
DAY-NITE S072LOCAOAAA
CARRIER SOHS-024-311AB
BRYANT 601APX048000AAAG
CARRIER SOTJQ012-6016A
MAKE MODEL
CARRIER 50TJQ068-6016A
CARRIER SOTJQ008-6016A
BRYANT FADED
MAKE MODEL
CARRIER SOTJQ012-6016A
CARRIER 50TJQ012-601GA
CARRIER 50TJQ012-6016A
---
E112.815978 2.0X20X1 2012 s 2_12.. I SERIAL# FILTERS YEAR Annual PM costs
1892E88317 16X20Xl 1992 s 2.. I tz-
0699E23245 14X20X1 1999 s 2J2.
MDG131204052 2-20X20X1 2013 s 2J2
SERIAL# FILTERS YEAR Annual PM costs
3497030563 4-20X20X2. 1997 s _2'-1
3498620152 2-16X25X2 1998 s L2J
349860149 4-16X16X2 1998 s '2-2.}
1613(81228 2-16X25X2 2013 s '22.-1
3497630560 4-20X20X2 1997 $ '2..2-1
11480353 4-16Xl6X2 2012 $ 22-1
039"8640724 20X20X1 ' 1998 s l2. f
4906612124 3-12X2SX1 2006 $ 22-l
2399630574 4-20X20X2 1999 s 22../
SERIAL# FILTERS YEAR Annual PM costs
3298630507 4-16X20X2 1998 $ 22J
3298630492 4 -16X20X2 1998 $ 22-/
FADED WASHABLE unknown $ !DO
SERIAL# FILTERS YEAR Annual PM costs
2399630574 4-20X20X2 1999 suep
23,99630552 4-20X20X2 1999 $ 2-'2.'-.,
2299630494 4-20X20X2 1999 ~1-'2...0 -----
•
HP4 CARRIER
KINDERGARTEN, CULTIJRE 31421 LA MATANZA UNIT MAKE
CENTER, NYDEGGER #
KINDERGARTEN READINESS 1 RHEEM
CULTURE CENTER 2 DAY-NITE
NYDEGGER BUILDING 1 BRYANT
CHAMBER OF COMMERCE 1 MAYTAG
STONEFIELD OFFICE 31322 LA ZANJA STREET UNIT MAKE
#
STONE FIELD-OFFICE 1 CARRIER
STONEFIELD -RESTROOM 2 CARRIER
LASALA FACILITY 31495 EL CAMINO REAL UNIT MAKE
#
LIBRARY-OLD UNIT A TRANE
LIBRARY-NEW UNIT B TRANE
BOOKSTORE 1 CARRIER
DANCE HALL-POUCE DEPT 32506 PASEO ADELANTO UNIT MAKE
#
POLICE DEPARTMENT 1 MAYTAG
DANCE HALL ROOM #1 2 BRYANT
DANCE HALL ROOM #2 3 BRYANT
REATA PARK & EVENT 28632 ORTEGA HIGHWAY UNIT MAKE
CENTER #
I RESIDENTIAL HOME -FAUCET IN CLOSET 1 DAY-NITE ~
4 CONDENSING UNIT OUTSIDE
""'0
OJ co
CD
1\.)
-.....1
Jotal Annual cost for all materials, labor, incidentals for regular scheduled PM services
~
cotal Annual cost (in writing) £_,_~vv,.s TH~ w.J"A-N T.;1 J',>c ::00
0 ~11 47,0~1 00\12 8888 1 5 .1
~--~
MSA page 27
CD --"
50TJQ012-601GA
MODEL
T2A36GKA100
1R2H360GKR
469BPX090000ACAA
CSA48E024KA
MODEL
38QR030C321
38BK018331
MODEL
8FCBC123-LA
YSD150F34LA
38QB024300
MODEL
CSA4BD024K
123NA0360008AAA
FADED
MODEL
FEM4P4800A
l'f-o ~>--of
II"",., o"' r:: o
2599G30511 4-20X20X2 1999 $ 2.-Ltp
SERIAL# FILTERS YEAR Annual PM costs
E072820247 20X30X1 1982 $ I lito
Xl20967690 20X25X1 2013 s lti.D
4688E15441 2-20X25X2 1988 $ lvtD
TBD TBD 2017 $ (Cfo
SERIAL# FILTERS YEAR Annual PM costs
0502X16571 16X22X1 2002 $ '2..E)8
0502X10521 WASHABLE 2002 $ IOo
SERIAL# FILTERS YEAR Annual PM costs
FADED 4-16X20X1 unknown $ '2-l10
140610175D 4-20X25X2, 2-2014 $ 2L((p 20X20X2
Y204850 2-14X24X1 2004 $ 2)-1 (tJ
SERIAL# FILTERS YEAR Annual PM costs
CSD130604705 16X20Xl 2013 $ Z2-l
1206E12491 16X25X4 2006 $ 2--2-l
FADED 16X20Xl Unknown $ 22--1
SERIAL# FILTERS YEAR Annual PM costs
A133582697 1-14X30Xl 1997 $ 5(oo
-s II t;,02)'~
r~o A-o ..-'~ ,....._..;:,
Note: If an individual, so state. If a firm or co-partnership, state the firm name and give the
names of all individual co-partners composing the firm: President, Secretary, Treasurer, and
Manager thereof.
Date: S-1.-11
----------------------------------
61147.02100\12888815.1
~ctor na~itle (print)
~~~L<-.
Contractor name (signature)
Contractor/business address
Contractor/business phone number
c:;~ 1 " 2-"f {, ,. " I I 7 ·-~£A,..a fLO #+A,..
q 'f.,~ .Z..'tc(-s 7 0 l--"'"" ~DIN A
Contractor 24/7 contact phone number
d ~ ...... ,... • I, ""' "'" (l ro h c::. ,.., q..,. .I.J o.., J; tv t:.. c:..a -
r"" e../. I .... C4 9 1"-0t.. ... " c:::c. Jt...~ /o""' J' ; "-e p ~ .....
Contractor email
MSA page 28
ATTACHMENT 1
Page 28 of 29
EXHIBIT "D"
Certificate of Compliance
State of California Prevailing Wage Law Requirements
The CITY has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the
prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770
et seq., including the keeping of all records required by the provisions of Labor Code Section
1776 and the implementing administrative regulations. The CITY shall be a third party
beneficiary of the forgoing covenant with rights to enforce the same as against the
CONTRACTOR.
I, 'D IZ.,A r.J Po It-~ , understand that I shall be responsible for
compliance in all respects with the prevailing wage rates to all the laborers involved, and with
California Labor Code Section 1770 et seq., including the keeping of records required by the
provisions of Labor Code Section 1776 and with implementation of administrative regulations.
8-2--17
Date
6114 7.02100\12888815.1
~ ...... ,..~ R-*='~t6,....j ..../'4--. v. p.
Contractor name and title (print)
Q Q __
Contractor name (signature)
MSA page 29
ATTACHMENT 1
Page 29 of 29