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11-1101_ROHAN & SONS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of ` ' r , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Rohan & Sons, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide heating, ventilation, and air conditioning (HVAC) maintenance services; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on December 1, 2011. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder small not exceed the total amount in the City's adopted fiscal year operating budget for HVAC maintenance services, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to eater into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://Www.uscis.gov, or access the registration page at https://e-verify.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable Section 13. Indemni . To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. 4n or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers Compensation Employer's Liability Insurance in the statutory amount as required by state law. Cl 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor;,or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, thea the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Rohan & Sons, Inc. 244 Calle Pintoresco San Clemente, CA 92673 Section 17. Prevailing Wages. 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. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: Omar Saridbb al, City Attorney CONTRACTOR By: ' C hn Rohan, President Rohan & Sons, Inc. N SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide labor, material and equipment to perform preventative maintenance and inspection of HVAC systems at various City facilities. Typical maintenance work shall include, but not limited to the tasks listed below in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition, The scope of the HVAC maintenance services work may vary according to need. This contract covers HVAC maintenance services. Improvement projects shall be bid out separately. Typical Tasks (not limited to); • Pre -Winter startup of HVAC system (furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter servicing in September. • Pre -Summer startup of HVAC system (A/C and heat pumps) shall be done to coincide with the quarterly tune-up and belt/filter servicing in March. • Operational visit of HVAC system shall be as needed. Quarterly tune up and belt/filter/servicing to be done in December, March, ,June, and September. Quarterly tune up shall include the inspection and cleaning of any condensation drains, brushing of coils, oiling of motors as needed, checking refrigerant 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 disposable filters with new belts and pleated quality air filters. Bi -annual washing of all HVAC units (coils, etc.) shall be done during the scheduled March and September quarterly tune up and belt/filter/servicing. Only non-toxic environmentally safe and HVAC manufacturer approved solvents or solution shall be used for washing. Contractor shall monitor the overall performance of all system equipment and provide the Director of Public Works or authorized representative with written recommendations for any enhancements of changes necessary. The 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 EXHIBIT A Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as.authorized by the Public Works Director or authorized representative. Progress, of Work, Work shall proceed in an orderly manner. Wherever possible, any repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City 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 City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, 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 Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. If during the course of work the contractor experiences a conflict with the plans/scope of work, the contractor shall notify the Director of. Public Works or authorized representative before proceeding with said work, Service Coverage Buildings/equipment to be covered under this contract shall include those as set forth on Page 8 and 9 of the proposal. The City reserves the right to add or delete service locations during the term of this contract. 2 Acce tance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall- provide a 'billing form and progress payment form approved by the Public Works Director or authorized representative. At a minimum the detail shall include the following: the date of the service call, service location, a copy of the Work Order if applicable, the applicable hourly rate, arrival time on-site, time service call was completed, total time on site, and total charges for the service call. Work Orders The Public Works Director or authorized representative will place all requests for service directly to the Contractor by written Work Order or via telephone call or electronic mail. The Public Works 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. Response Time Levels of service have been separated into four (4) categories which are defined below and as shown on the Levels of Service Category, Performance Period and Response Time Table as Standard Service, Standard After Hour Service, Emergency Service and Emergency After Hour Service. Service categories can be differentiated by the "Response Time" or the amount of "time allowed" between the "authorization to proceed" from the Public Works Director or authorized representative requesting service and the arrival of the Contractor at the work site. At the time of "authorization to proceed" is initiated, the Contractor will be notified of the service category in which the particular Work Order will fall, and the Contractor will be required to respond to the request within the response time stated for that category and begin work within a reasonable amount of time based on the urgency of the request. All maintenance services shall be. completed within a reasonable and expedient manner, based on the severity of the request. 3 Levels of Service Categories, Performance Period and Response Time Table ID SERVICE CATEGORY PERFORMANCE PERIOD RESPONSE TIME 1—SS Standard Service Regular Business Hours Only 2-4 Hours (excluding (M -F, 7:30 a.m, to 5:30 p.m.) weekends and Holidays) 2,— S -AHS Standard After Hour Service After Regular Business 2-4 Hours (Including Hours, weekends and weekends and Holidays Holidays) 3 — ES Emergency Service Regular Business Hours Only 1-2 Hours (M -F, 7:30 a.m. to 5:30 p.m.) AHS Emergency After Hour Service After Regular Business 1-2 Hours Hours, weekends and —...Holidays Response Process. After initial contact and after "authorization to proceed" is given by the Public Works Director or authorized representative, the Contractor shall respond accordingly and adhere to response time(s) shown below for each service category: 1. The Contractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 2. The City will be charged according to the "Service Category" requested and as listed on the Bid Form. 3. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after hours. 4. Contractor will notify the Director of Public Works or authorized representative upon completion of work. Notification shall be within twenty-four (24) hours of completion of assigned task. 5. Failure to comply with response times shall be considered as non-compliance. Repeated failure to comply may result in contract termination. METHOD OF WORK Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and 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 industry. 4 All work. shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition, All work shall comply with the applicable State of California C-20 HVAC/Mechanical Licensing, 2010 Mechanical Code or latest edition, and/or all local or city ordinances, whatever may apply. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. 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 his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite .during all excavations. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual)., subject to approval by the Public Works Director or .authorized representative. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management. Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (B.MP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES) 5 Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by 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 (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in. and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. . Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property, Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholdinq of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to the Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. 8 GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will. be required to supply a list of references for similar work performed. e) Contractor will be required to supply.list of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted. in the contract. h) 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) Hourly rates and unit. prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted_ prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices, Statement of Experience, Statement of Equipment, List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. M) 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. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him, Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a peat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. (b) Laborer Attire The Contractor shall require each of his/leer employees to adhere to basic standards of working attire. These are to include uniforms, with the. Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with HVAC maintenance operations a variety of hand and power tools for purposes of maintaining public facilities and operating equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the HVAC field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a general knowledge of the HVAC industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint.. (c) Storage of Equipment The 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' properly without written authorization from the Public Works Director or authorized representative. MATERIALS The 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 Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2). complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this 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 which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P,M., Monday through Friday. 4 Contractor is required to maintain an office within the. Orange County area. Contractor is further 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. EMERGENCY MEDICAL FACILITY The successful proposer is. required to 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. 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F ui .10 Today's ©ate: P / it / I � CIP No, (if any): Project Manager's Last Name: Phone Extension Council or CRA Meeting Date (if applicable): L Transmittal Routing (Check All That Apply) ❑ City Attorney City Manager City Clerk Provide () executed original contract for each signing party, including the City. if the agreement is to be recorded — only () original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Street _ Cit St Zi AGENDA .D. l r • TO: Karen P BrusCit anager FROM: Nasser Abbaszadeh, Public Works Director 11/11/2011 t. SUBJECT: Consideration of Personal Services Agreement for Heating Ventilation and Air Conditioning (HVAC) Maintenance Services (Rohan & Sons, Inc.) By motion, 1. Approve the Personal Services Agreement with Rohan & Sons, Inc. to provide Heating, Ventilation, and Air Conditioning Maintenance Services for City -owned buildings for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement, SurnmarV and Recommendation: To provide for a safe, workable, and comfortable environment for its employees, residents, and visitors, the City performs regular maintenance of its heating and air conditioning equipment at all public buildings. Based on the results of the Request for Proposals sent out in September 2011, staff is recommending City Council approval of a Personal Services Agreement with Rohan & Sons, Inc. (ROHAN). The Agreement term is for three years (December 1, 2011 through November 30, 2014) with three (3) one-year optional extensions at the City's discretion and demonstration of superior performance by the vendor. This agreement is subject to an annual "not to exceed" dollar amount determined by funding availability in the City's approved operating budget. Background Heating and air conditioning maintenance has been performed by Oasis HVAC, Inc. on an on-call basis for the past several years. Staff issued a Request for Proposals (RFP) to 9 contractors and posted the RFP on the City's website: Proposals were received from four contractors: Rohan & Sons, Inc., Triton Air, Inc., Oasis HVAC, Inc., and DC Plumbing, Heating, and Air Conditioning, Inc. The annual total, by proposer, for preventative maintenance is shown in the table below. Agenda Report Page 2 November 1, 2011 [ PROPOSER ANNUAL PREVENTATIVE MAINTENANCE [ Rohan & Sons, Inc. $5,768.80 Triton Air, Inc,$9,663.00 Oasis HVAC, Inc. _ $17,072.00 DC Plumbing Heatingand Air Cond, Inc,--��-----��$87,093.18 A comparison of the four responses indicates the lowest overall pricing is the ROHAN proposal, as shown on Attachment 5. Rohan & Sons, Inc. annual pricing is 57% lower than the next closest proposal ($5,768.80 for routine annual maintenance, including materials). Additionally, their hourly rates and material mark-up are also the lowest of the four proposers (these are the rates that are used for required repairs beyond preventative maintenance). The scope of work includes routine quarterly, semiannual, and seasonal preventative maintenance, and related supplies (filters/belts, etc.), as well as the ability to perform required unanticipated repairs on an as -needed (hourly/material) basis. Personal Services Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. There is sufficient funding to provide for the annual maintenance and related supplies in the approved operating budget for Fiscal Year 201112012, however, due to the new specification requirements (filters and belts are included in the quarterly preventative maintenance pricing), staff anticipates an estimated $3,600 savings over the current vendor's (Oasis) pricing. Company Qualifications Rohan & Sons, Inc. is based in San Clemente, CA, and has provided heating and air conditioning service to the City in the past. They have a solid reputation and staff is satisfied with this company's ability to provide quality work and be responsive to the City's needs. They also currently provide HVAC maintenance services for the Cities of Dana Point and Oceanside. COMM ISSIONIBOARD REVIEW AND RECOMMENDATIONS. Ili FINANCIAL CONSIDERATIONS: There is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for HVAC maintenance services" clause included in Section 3.1 of the Personal Services Agreement. The current Fiscal Year 201112012 adopted budget for HVAC maintenance services and repairs for all facilities is $23,500. This budgeted amount includes preventative annual maintenance, as well as unanticipated repairs required throughout the fiscal year. Agenda Report Page 3 NOTIFICATIONS: Rohan & Sons, Inc. Triton Air, Inc. Oasis HVAC, Inc. DC Plumbing, Heating, and Air Conditioning, Inc. RECOMMENDATION: By motion, November 1, 2011 Approve the Personal Services Agreement with Rohan & Sons, Inc. to provide Heating, Ventilation, and Air Conditioning Maintenance Services for City -owned buildings for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement. Respectfully submitted, Nasser Abbaszadeh, PE Public Works Director Attachment(s): Pre by, C"� Jill Thomas Senior Management Analyst 1. Personal Services Agreement -- Rohan & Sons, Inc. 2. Triton Air, Inc. Pricing Proposal 3. Oasis HVAC, Inc. Pricing Proposal 4. DC Plumbing, Heating, and Air Conditioning, Inc. Pricing Proposal 5. HVAC Maintenance Services Proposal Pricing Comparison PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Rohan & Sons, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide heating, ventilation, and air conditioning (HVAC) maintenance services; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terre. This Agreement shall commence on December 1, 2011. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for HVAC maintenance services, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT 1 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 . Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5, Limitations Upon Subcontracting and Assi nq menl The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement .far City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By ex . ......... .. . work to be performed, (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify, If Contractor is not already enrolled in the U.S. Department of Homeland Security's E Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E Verify program can be found at http:l/www.uscis.nov, or access the registration page at https:/Ie-verLN.uscig.gov/enrolV. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Nat Applicable. Section 12. Not Applicable Section 13. Indeimnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers; agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This. hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in .an amount not less than one million dollars per .occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.£10). ..... ._.... ... ........ 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 4 14.4 Proof of Insurance RequirementsiEndorsement. Priorto beginning any work underthis Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including, the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance, The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 16i To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Rohan & Sons, Inc. 244 Calle Pintoresco San Clemente, CA 92673 Section 17. Prevailing Wages. 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. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").. . Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] C* IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk if £ r Omar San dal, City A orney CITY OF SAN JUAN CAPISTRANO An Karen P. Brust, City Manager CONTRACTOR By: hn Rohan, President Rohan & Sons, Inc. SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes,. implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to provide labor, material and equipment to perform preventative maintenance and inspection of HVAC systems at .various City facilities. Typical maintenance work shall include, butnot.limited to the tasks listed below. in those areas designated by the Public Works -Director or authorized representative and to leave the grounds ina neat condition. The scope of the HVAC maintenance services wark.may vary according to need. This contract covers HVAC maintenance services. Improvementprojects shall be bid out separately. Typical Tasks (not limited to); • Pre -Winter startup of HVAC system (furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter servicing in September. • Pre -Summer startup of HVAC system (A/C and 'heat pump's) shall be done .to coincide with the quarterly tune-up and belt/filter servicing in March., • Operational visit of HVAC system shall be as needed. • Quarterly tune up -and belt/filter/servicing to be done in December, March, June, and September. Quarterly tune up shall include the inspection and cleaning of any condensation drains, brushing of coils, oiling of motors as needed, checking refrigerant 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 disposable filters with new belts and pleated quality air filters. + Bi -annual washing .of all HVAC units (coils, etc.) shall be done during. the scheduled March and September quarterly tune up and belt/filter�/servicing. Only non-toxic environmentally safe and HVAC manufacturer approved solvents or. - solution shall be used for washing... Contractor shall monitor the overall performance .of .all- system equipment and provide the Director of Public Works or authorized. representative with written recommendations for any enhancements of changes necessary. The 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 EXHIBIT A Public Works Director or authorized representative in charge of overseeing the work. All. work for which a progress payment is made shall be reported- on and -certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as.authorized by the, Public Works Director or authorized representative. Progress. of Work Work shall proceed in an orderly manner. Wherever possible, any repair work shall be completely finished prior to workrimen proceeding to .the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City 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 City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, 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 remake void the contract. Upon written order of the Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. If during the course of work the contractor experiences a conflict with the plans/scope of work, the contractor shall notify the Director of. Public Works or authorized representative before proceeding with said work. Service Coverage Buildings/equipment to be covered under this contract shall include those as set forth on Page 8 and 9 of the proposal. The City .reserves the right to add or delete service locations during the term of this contract. 2 Acceptance of World Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed its all respects in accordance with these specifications. . J."'Ill a • • Contractor shall. provide a 7billing form and progress payment form approved by the Public Works Director or authorized representative. At a minimum the detail shall include the following; the date -of the service call, service location, a copy of the Work Order if applicable, the applicable hourly rate, arrival time on-site, time service call was completed, total time on site, and total charges for the service call. Work Orders The Public Works Director.or authorized representative will place all requests -for service directly to the Contractor by written Work Order or via telephone call or electronic mail. The Public Works. 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. Response Time Levels of service have been separated into four (4) categories which are defined below and as shown on the Levels of Service Category, Performance Period and. Response Time Table as Standard Service, Standard After Hour Service, Emergency Service and Emergency After Hour Service. Service categories care be differentiated by the "Response Time" or the amount of "time allowed" between the "authorization to proceed" from the Public Works Director or authorized representative requesting service and the arrival of the Contractor at the work site. At the time of "authorization to proceed" is initiated, the Contractor will be notified of the service category in which. the particular Work Orderwill fall, and the Contractor will be required to respond to the request within the response time stated for that category and begin work within a reasonable amount of time based on the urgency of the request. All maintenance services shall. be. completed _ within a reasonable',and .6xpe' dient -. manner, based on the severity of the request. 3 Levels of Service Categories, Performance Period and Response Time Table ID SERVICE CATEGORY - PERFORMANCE PERIOD RESPONSE TIME 1 — SS Standard Service Regular Business Hours Only 2-4 Hours (excluding (M -F, 7:34 a.m. to 5:33 p.m) weekends and Holidays) 2 - S -AHS Standard After Hour Service After Regular Business 2-4 Hours (Including Hours, weekends and weekends and Holidays Holiday s 3—ES Emergency Service Regular`Business Hours Only 1-2 Hours (M -F, 7:30 a.m. to 5:30 P.M.) 4. E - AHS Emergency After Hour Service After Regular Business. 1-2 Hours Hours, weekends and Holidays Response Process After initial contact and after "authorization to proceed" is given by the Public Works Director or authorized representative, the Contractor shall respond accordingly and adhere to response time(s) shown below for each service category:. 1. The Contractor shall provide all necessary transportation to and from work sites. Transportation shall be fully insured by the Contractor. 2. The City will be charged according to the "Service Category" requested and as listed on the Bid Form. 3. Only upon request and authorization by the Director of Public Works or authorized representative shall the Contractor perform work after- hours. 4. Contractor will notify the Director of Public Works or authorized representative upon completion of work. Notification shall be within twenty-four (24) hours of completion of assigned task. 5. Failure to comply with response times shall be considered as non -.compliance. Repeated failure to comply may result in contract termination. METHOD OF WORK Contractor shall perform all services required within these specifications. All services shalt be performed in the highest professional manner, and in accordance with all applicable, current .industry standards, regulations codes and statutes, Unless the means or methods of performing a task are specified elsewhere in this dontract, Contractor shall employ methods that are generally accepted, and used by the industry. 4 All work shall: be performedper the Standard Specifications for Public Works Construction (Green Book), Latest Edition. All work shall comply with the applicable State of California C-20 HVAC/Mechanical Licensing, 2010 Mechanical Code or latest edition, and/or all local or city ordinances, whatever may apply. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public. Works Director' or authorized representative. 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 his operations, Per City Council Policy 601, an Archeological Monitor 'is required to be onsite .during all excavations. The Contractor shall provide traffic control per the Work, Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or .authorized representative. NPDES Regulations The Contractor shall. comply with all City regulations regarding NPDES .(National Pollution Discharge Elimination System) Requirements and the City's Best Management. Practices. Contractor shall not discharge anything. to the storm 'drain. or. creek. Contractor will contain any materials that may potentially reach a. City storm drain.. Contractor shall implement the attached Best Management Practices (B.MP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater- regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City_ of San Juan. Capistrano National.. Pollution Discharge ......:. . El�mirratioh Systeiri Prog�am(NPDE:S) Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by 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 (1-800-422-4133). Contract Termination If. at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice'thereof in writing shall be served upon him. Should the ;contractor neglect or refuse to provide means for satisfactory compliance with the contract -as directed by the Public Works Director,, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work 1. Extra. work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2.. Extra work may be required by the Public Works Director or authorized representative as. a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials., plus a markup. _ Extra services other than those listed shall be negotiated on a time and material basis with a "riot to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up. to 25 percent (25%) of the annual cost of this agreement..., Flow and Acceptance of Water Surface or other waters, may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their. work from danger due to any -waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Pro ert The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public 'or privately owned improvements and facilities shall be ' restored -to their original condition and location: In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive- use of any public street; way or parking area during performance of the contract work, and. Contractor shall conduct his/her operations so as not to interfere with the authorized work of.utility companies or other agencies in such streets, ways or parking areas. Weekly -Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment. If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall .be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times,. 24 hours per day. Contractor shall appoint and identify to the public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time .per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and ,any goals for the day/week. GENERAL PROVISIONS REQUIREMENTS PERSONNEL, EQUIPMENT MATERIALS AND SUPER .VISI©N REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and, 5,30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or- his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub-contractors,if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance; workman's compensation insurance, vehicle insurance, and City business license .as noted in the contract. h) 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) Hourly rates and unitprices quoted shall include all safety equipment required., Traffic control may be required on some sites, -and -shall. ,be, included in quoted_... _... prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an. analysis of Proposal Prices; Statement of Experience, Statement of Equipment,. List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award,to one or more contractors as required to meet its needs. 1}. At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to . answer questions. rn) Contractor shall protect any and all private property adjacent to. work areas. Any darnage to private 'property resulting directly or 'indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) .All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates. worked and hours worked on each date if requested by the City. q} Contract Termination - If at anytime, in the opinion of the Public Works Director, or authorized representative; the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, . or shall .fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him.. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract,. as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in -any,such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees fio requ._re hislher..Iaborers to ,present a reat:appearartce.at...all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in.. the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory. laborer. 2 (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the. Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with . HVAC maintenance operations a variety of hand and . power tools for purposes of maintaining public facilities and operating equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the HVAC field. (.e) Licenses Laborers will be required to possess a valid and current California Driver License, . including all insurances as required by the City. (f) Knowledge and Ablliities The Contractor's representative shall have a general knowledge of the HVAC industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor. shall use and furnish all equipment necessary for the satisfactory. performance of the work set forth in this contract. (a) Vehicles Lor tracto__r sha11isplay the name of _their firm on any/all vehicles. used. -or otherwise by the Contractor's employees, The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their.work, 3 (b) Maintenance All equipment used by the Contractor shall , be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The 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 Public Works Director or authorized representative. MATERIALS The 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 properly without written authorization from the Public Works Director or authorized representative. SUPERVISION - The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (9) schedule of work; (2). complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work -is in progress. The Contractor shall provide the City at all times throughout the duration of this 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 emergencycondition which threatens: tc .. ........ ..... ... -- City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service wi11 not be considered sufficient for this purpose) during .normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Contractor is required to maintain an office within the Orange County :area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency calf -opt 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. EMERGENCY MEDICAL FACILITY The successful proposer is, required to 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. 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Y EL .- N .- .-- N Q 9l1 zi a Q Q is 0 c w w cs zca � W _ c ttr ca - d mLli to � tin _ 11.1 iA NV) 00 T d+ to m F t0 O IL Ix 0 r m tl1 w 4 F LU (� z COP, � } C7 Naz T�{i z a % d W W z LL � -tT © _33 a O ° s� a r, N Q G CL � � « Q m U .� LU m } � LU Q � » � « � 0 � Q � z LU R CD o \ / » \ 0 \ / / \ \ m « o @ 9 vi V � k � �k t mLUf o 2 2 k * > E 7 �5 2. 2ƒ' 12 22m r e Z) \ ƒ30f :3 f f /k// 9 ? LL: LL: 0 R 2:1 y ± CL 3 J 0 J d @ E . J / � $ $ 2='iC: / /2 )R §R/ƒ 0 s 77a M= ° 2 - 0 �UJ § M iL Co (d VO cd k /RkkQ /k Cf) $ . m « § � } ) / § 2%� .� 7 lu ® 4 0 & ® 2 2 Cl) E / / / E e to 2 ± O_ r / 2 f m $ m m I & / \ 1.0 \� k 0 0 v q ATTACHMENT 4 20 LLI ca -0 uL ~ 4) UJ Coz o a LU L07 U o r z° N w N r� IL O ., .. c a, `i E O o o w U3u, E2 U) T Q _0a CO O m (!} Qtl1 (j CO Q Co T © mC[] I�L1{ 4 i cn Qi L.. cn C a m CE (D nD a?s ap)c (D U O U) v 4D _v u ¢ �p C C CS [S 21 (U Elco 0 0 co Q Cn � CO 3 ui ! LU 10 LU d �a m zz z « §o2§d )( §z « z 0ƒ 0.) � � � 0z � e �d )Z 00 ■n F- L) j % \ 0 k { / OL ATTACHMENTS C� LLI } � } R ) ( 4j � } ( e. o ) § \ _ { 2 D « $ LLJ Z / $ & - b /\ \, 4 M \ \ 373\ 4 4 § k / jL 0 \ 0 \ \ \(\\\9)� /R \f §R M\j E \§ /{ � #2/\ /) \k /(/\ } ( a } 3 ( ) ° \ § m \ \ 2 \ / g \ \ \ j o_ T- J j G 0 2 % \ 0 k { / OL ATTACHMENTS CITY OF SAN JUAN CAPISTRANO HVAC PRICING PROPOSAL COMPARISON - 2011 DC PLUMBING HEATING AND AIR ROHAN & SONS, INC. TRITON AIR, INC. OASIS HVAC, INC. CONDITIONING, INC." FACILITY ADDRESS - SAN JUAN CAPISTRANO UNIT # MAKE MODEL SERIAL # FILTERS YEAR A MAINTENANCE COST MAINTENANCE COST WOW— MAINTENANCE COST - ANNUAL MAINTENANGE COST CITY HALL COMPLEX 32400 Paseo Adelanto ENTRY AREA 1 CARRIER 650ANX042000ADDAA 2201E06008 16X25X4 2001 100.00 170,00 288.00 1,28538 COUNCIL CHAMBER OUTSIDE 2 RHEEM RKKB-A060GM15E 2BG329ADAAF280021 6-18X1 8X2 2000 100.00 282.00 394.00 1,280.32 COPY ROOM 3 BRYANT 650ANX024000ADAA 2201E06008 16X25X4 2001 100,00 142.00 288.00 1 285.28 ATTORNY OFFICE 5 RHEEM FADED FADED 20X25X4 unknown 100.00 149.00 288,00 1,294.62 WALL UNITICONFERENCE ROOM II 6 fBDP FADED FADED WASHABLE unknownj 10[1.00 135.00 266.00 1,284.66 MANAGERS AREA 7 CARRIER 48TM0006-A-501 5005650509 4-16X20X2 2005 100.00 226.00 352.00 1,281,88 PLANNING AREA 8 BDP 574DPWA60090NA 4310013229 20X20X1 2010 100,00 142.00 288.00 1248,72 SERVER ROOM 9 BDP F4FP030H06T2AN A067086838 16X20X1 unknown 100.GO 142.06 288.00 1,254,48 SERVER ROOM 10 BDP TGD030S21SJHA WON7534440 12X20X1 unknown 100.00 142,00 288.00 1,254A8 ENGINEERING DEPARTMENT 11 BDP 549BPX090000AK 240GG11550 4-16X20X2 2006 100.O0 274.00 352.00 1,284,68 TELEPHONE ROOM 12 RHEEM RACB-018JAS 2161F17843368 16X20X1 unknown 100.00 142.00 288.00 1.,254.48. COMMUNITY DEVELOPMENT 13 BDP 561CPX060000AEAA 4100E13404 16X20X1 2000 100.00 142.00 288.00 1254A8 PHONE ROOM WINDOW UNIT 14 BDP FADED FADED WASHABLE unknown 100.00 135.00 266.00 1,284.68 CM OFFICE EXTENSION 4 WALL KING FADED FADED 14X25X1 unknown 100,00 142.00 288.00 1,254,48 TRAILER A 12 WALL KING FADED FADED 14X20XI unknown 100,00 142,00 288.00 1,263.04 TRAILER B 13 BDP 604DNXA36000AA 3510000621 18X20XI 2010 100.00 142,00 288.00 1,263.04 TRAILER C ao BRYANT 601ANX024000AAAD 1102520787 16X20X1 2002 100.00 142.00 288.00 1,254.48 TRAILER D 1 BDP 601ANX042000AAAG 4805651257 20X30X1 2005 100.00 142.00 288.00 1,314.92 UTILITY DEPARTMENT BLDG 32470 Paseo Adelanto 18 IYORK B3HP036A06A NOH82511631 2-14X22X1 unknown 100.00 170.00 310.00 1,348.00 19 YORK B3HP036A06A NOH82511632 2-14X22X1 unknown 100.00 170.00 310.00 1348.00 20 YORK CDA4252152A WOH8269023 15X30X1 unknown 100.00 142.00 288,00 1519.20 MAINTENANCE YARD BLDGS 32400 Paseo Adelanto UTILITY FIELD BLDG. 16 BDP 661CJX036000ABAA 1892E88317 18X20X1 1992 100.00 142.00 288,00 l..,263.04 UTILITY FIELD BLDG. CU -40 BDP 661CJX018000AAAA 0699E23245 14X20X1 1999 100.00 142.00 288.00 11,263.04 PW MAINTENANCE FIELD BLDG. 17 YORK FADED FADED 2-20X20X1 unknown 100.00 170.00 310.00 1,256,60 DANCE HALL -- POLICE SERVICES 32506 Paseo Adelanto 1 BDP 56BB024RGUL 8076C4976 16X20X1 1976 100.00 142.00 288.00 1,542.48 2 BRYANT 123NA036000BAAA 1206EI2491 16X20X1 2006 100.00 142.00 288.00 1542.48 3 BDP FADED FADED 16X20X1 unknown 100,G0 142.OD 288.00 1502.48 COMMUNITY CENTER 25925 Camino Del Avion HPi CARRIER 50TJQ012-601GA 3497030563 4-20X20X2 1997 91,40 274.60 519.00 1,534,88 HP2 CARRIER 50TJO004-601GA 3498G20152 2-16X25X2 1998 91,40 194.00 310.00 1628,80 HP3 CARRIER SOTJQG04-601GA 3498G0149 2-16X25X2 1998 91.40 194.00 310.00 1628.80 HP4 CARRIER 50TJQ007-601 5097G20D05 2-16X25X2 1997 91.40 194.00 310.00 1628.80 HP5 CARRIER 50TJQ012-601GA 3497630560 4- 20X20X2 1997 99.40 274.00 519.00 1,633.48 HP6 CARRIER 50TJQ007-601 4997G20001 2-16X25X2 1997 91.40 194.00 310.00 1628.80 HP7 CARRIER 50HS-024-311AB 0398G40724 20X20X1 1998 91.40 142.00 288,00 1556.48 HP8 BRYANT 601APX048000AAAG 4906612124 3-12X25X1 2006 91.40 198.00 330.00 1650.20 HP9 CARRIER 60TJO12-601GA 3397630566 4-20X20X2 1997 91,40 274.00 519.00 1534,88 HP10 CARRIER 50TJO068-601GA 3298630507 4-2OX25X2 1998 9144 274.00 352.00 1534.88 HP11 CARRIER 50TJQ00S-601GA 3298G30492 4-16X20X2 1998 91.40 274,00 519.00 1,534.88 HP12 BRYANT MINI -SPLIT SYSTEM N!A WASHABLE unknown 91.40 266.00 1,534.88 GYMNASIUM 25925 Camino Del Avion HPI CARRIER 50TJQ012-601GA 2399G30574 4-20X20X2 1999 148.00 274.00 519.00 1,633.48 HP2 CARRIER 50TJ0012.601GA COVERED UP 4-20X20X2 148.00 274,00 519.00 1,633.48 HP3 CARRIER 50TJQ012-601GA 2299630494 4-20X20X2 1999 1 148.00 274.00 519.00 1,633.48 HP4 CARRIER 50TJO012-601GA 2599G30511 4-20X20X2 1999 148.00 274.00 519.00 1,633.48 OLD FIRE STATION COMPLEX (Includes Kindergarten Readiness, TJ Meadows, N degger) 31421 La Matanza 1 IRHFFM T2A36GKA100 E072820247 20X30X1 unknown 155,OD 142.00 288.00 1,194,60 2 1BDP CH506UKU5 04347155 20X25X1 unknown 155.00 142.00 288.00 1534.88 1 LENNOX FADED FADED 14X24X1 unknown 155,00 142.00 288.00 1263.04 1 BDP 469BPX09GODOACAA 4688E15441 2-20X25X2 1988 155.00 194.00 497.00 1.534.88 STONE FIELD RESTROOMIOFFICE 31322 EI Camino Real 1 CARRIER 38OR030C321 unknown unknown unknown 220.00 142.00 266.00 1,286.40 2 CARRIER 58BK018331 unknown unknown unknown 220,00 142.00 266.00 1286.40 LA SALA FACILITY I Ac'aeherna St. EI Camino Real 1A TRANE8FCB0123-LA IFADED 6-16X20X1 unknown 320.00 282.00 519.00 1,655.92 TOTAL ANNUAL (MATERIALS 8 LABOR FOR QUARTERLY PREVENTATIVE MAINTENANGE COST $5,768.80 $9,063.00 $17,072,00 87,093,18* W - Note, umbing total shown as submitted on proposal, however, sum of individual equals 70, 803.14 HVAC Prlang - Page I of I ATTACHMENTS SAN JUAN CAFISTRA€ O, CA 92675 (949 433-1.174 (.949) 493-4053 rA s; wives.4ranjreaszreistr�nf�.or; MEMBERS OF THE CITY COUNCt SAM ALLEVATO LAURA FArrESE LARRY YRAMER DEREK REEVE JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, October 18, 2011, in the City Council Chamber in City flail, to consider-, "Consideration of Personal Services Agreement for Heating Ventilation and Air Conditioning .(HVAC) Maintenance Services (Rohan & Sons, Inc.)" — Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Monday, October 17, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk&sanivancapistrano.orq. Maria Morris, CMC City Clerk cc: Rohan & Sons, Inc,; Triton Air, Inc.; Oasis HVAC, Inc.; DC Plumbing, Heating, and Air Conditioning, Inc. the POSE` r .&Arar.!,c((� ' wre Christy Jak[ From: Christy Jakl Sent: Tuesday, November 08, 2011 2:37 PM To: Jill Thomas Subject: Nov 1st City Council Agreements (Rohan & Sons, Tygor & Greeks) Attachments: Rohan & Sons Agreement.pdf; Tygor Agreement.pdf; Greeks Agreement.pdf Hi Jill Attached are the approved agreements for Rohan & Sons, Tygor Construction and Greek's Concrete. Thanks!! Chrisl-� RAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 j (949)493-1053 fax 32400 PASEO Ar)ELANTo SAN JUAN CAPISTRANO, CA 92675 €9491493-1171 €9491493.1053 rAx www.sanjuancapistrano. org TRANSMITTAL fim Rohan & Sons, Inc. 244 Calle Pintoresco San Clemente, CA 92673 DATE: November 8, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Heating, Ventilation and Air Conditioning (HVAC) Maintenance services Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. This documentation must remain current with our office during the term of this agreement.. Please be aware, our office needs to receive documentation of compliance related to contract terms under Section 9. Compliance with the Law; E -Verify. If you have questions related to E - Verify or insurance requirements, please Gall me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949) 443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Fast to Enhance the Future �e 4 • Printed on 100%reayded paper 32 400 PASEO A DE£.,AiS1.YTO r r MEMBERS Or, 714E CITY COUNCIT, SAN JUAN CAPn RA:NO,. CA 9��'�s ii' � �, T ( 3 =3) �dS 4.i`7i J $AMA -EVATO SE (9 &9)493-9 ba FA tn¢IRrQ auo LAlRYKRAMestEssto ', �I9�I shR�tY��Elt w vsv.,sri�l aar ��a i,rtrcano,org 1 j DrQP < REEVE �.� JOHN TAYLOR ***REVISED MEETING DATE*** NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of Sart Juan Capistrano will meet at 6-00 p.m. on Tuesday, November 1, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Heating Ventilation and Air Conditioning (HVAC) Maintenance Services (Rohan & Sons, Inc.)" — Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Monday, October 31, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk@sanivancapistrano.org. Maria Morris; CMC City Clerk - cc: Rohan &Sons, Inc.; Triton Air Inc.; Oasis HVAC, Inc.; DC Plumbing, Heating, and Air Conditioning, Inc: San gfveln z ro-p4V1r°7:1&- i"P�