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Resolution No. 85154 t a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF VERNON AND COMPLETE THERMAL SERVICES, INC. FOR CITY HALL HEAT AND VENTILATION SYSTEM RENOVATION WHEREAS, on November 19, 2003, the City Council of the City of Vernon adopted Resolution No. 8320 approving a Request for Proposal ("RFP") for renovation of the City Hall heating and ventilation system (hereinafter referred to as the "HVAC Renovation"); and WHEREAS, the RFP was sent and responses were received from Complete Thermal Services, Inc. and Control Air Conditioning Corporation, all of which were reviewed and evaluated by the Community Services & Water Department; and WHEREAS, the Community Services & Water Department found Complete Thermal Services, Inc. ("Complete Thermal") to be the lowest responsible qualified vendor meeting the City's requirements; and WHEREAS, by letter dated August 11, 2004, Bruce V. Malkenhorst, the City Administrator/City Clerk, recommended that an agreement with Complete Thermal be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby accepts the proposal of Complete Thermal and approves the Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for Professional Services, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Complete Thermal Services, Inc. Attn. William L. Clements 11642 Knott Street, Suite 10 Garden Grove, CA 92841 SECTION 5:All other responses in connection with the RFP are rejected, subject to execution of the aforesaid contract documents. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of August, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk A LEONIS C. MAL URG, ffayor - 2 - 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8515, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 18, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT 0 I 1 AGREEMENT FOR PROFESSIONAL SERVICES 2 3 THIS AGREEMENT is made, entered into and executed in 4 duplicate originals, either copy of which may be considered and used as 5 the original hereof for all purposes, as of this 18th day of August, 6 2004, in the City of Vernon, County of Los Angeles, California 7 BY AND BETWEEN The City of Vernon (hereinafter referred to as the "City") 8 4305 Santa Fe Avenue 9 Vernon, CA 90058 10 AND Complete Thermal Services, Inc. (hereinafter referred to as 11 "Complete Thermal") 11642 Knott Street, Suite 10 12 Garden Grove, CA 92841 13 RECITALS 14 WHEREAS, the City requested proposals from qualified 15 consulting firms to renovate the heating and ventilation system on the 16 second floor of City Hall because the 28-year old volume dampers and 17 actuators in existing mixing boxes are not functioning properly 18 (hereinafter referred to as the "HVAC System Renovation"); and 19 WHEREAS, the Department of Community Services & Water 20 received two bids in response to its Request for Proposal ("RFP"), a 21 copy of which is attached hereto as Exhibit "A" and incorporated herein 22 by reference as though fully set forth; and 23 WHEREAS, Complete Thermal has submitted a proposal dated 241 March 9, 2004 (referred to hereinafter as the "Proposal"), a copy of 25 which is attached hereto as Exhibit "B" and incorporated herein by 26 reference as though fully set forth; and 27 WHEREAS, Complete Thermal's Proposal was the lowest of the 28 two submitted that met the specifications and requirements of the 2 W11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department; and WHEREAS, Complete Thermal is the City's current maintenance provider for the heating and ventilation system and represents that it is qualified, properly licensed and capable of performing the HVAC System Renovation that the City requires, as set forth in the RFP and is willing to do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Complete Thermal to provide the services and materials necessary for the HVAC System Renovation. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SCOPE OF wnuu Complete Thermal shall perform its services as outlined in the Proposal under the general supervision of City's Director of Community Services and Water and/or City Administrator. Complete Thermal's services shall include, but shall not be limited to, the following tasks: • demo the existing double duct mixing box controls on 21 of the 24 mixing boxes; • demo any unused ductwork and flex duct that is to be replaced; • install new flex duct on the inlet of 20 of the 21 old mixing boxes, one has new ducting-- • install 21 Titus ECT-T1 retrofit pneumatic control packages; • install 33 Titus ECT-3LS retrofit pneumatic valves with blank off plates; • install one 3 hp ABB Variable Frequency Drive for - 2 - 1 the return air fan; 2 • install one 20 hp ABB Variable Frequency Drive for 3 the supply air fan; 4 • install necessary static pressure controls to 5 control the two VFDs; 6 • provide necessary electrical work to install the 7 two VFDs; 8 • insulate the existing ductwork that is not 9 insulated on boxes MB7 and MB13; 10 • provide independent certified air balance for the 11 44 mixing boxes and their related air grilles as 12 per engineered drawings provided by the City; 13 * make any necessary repairs to the mixing boxes that 14 are existing; 15 • start up and test the system for proper operation; 16 and 17 • included is factory start up for the Variable 18 Frequency Drives. 19 The following are excluded from the scope of services: Permits, 20 engineering, any repairs to the mechanical systems other than those 21 mentioned in the Proposal, cutting and patching or any other work not 22 mentioned in the Proposal. 23 It is understood and agreed that in the event of a 24 conflict between Complete Thermal's Proposal and this Agreement, the 25 terms of this Agreement shall prevail. 26 Complete Thermal agrees that all services provided will 27 be conducted by its principal and, if staff members or subcontractors 28 are used, their work will be under the supervision of the principal. - 3 - s 1 Complete Thermal shall undertake and carry on the work diligently to 2 conclusion, using that standard of care, skill, and diligence normally 3 provided by a professional person in the performance of such services. 4 2. PROGRESS REPORTS. 5 Thermal Complete shall meet with City staff, upon 6 City's request, or as needed, in order to provide reports. or 7 information concerning the services being performed by Complete 8 Thermal under this Agreement. Complete Thermal shall provide monthly 9 written progress reports to the City. In addition, Complete Thermal 10 shall advise City, as quickly as possible, of any significant issues 11 that will affect City's ability to complete the HVAC System Renovation 12 within the time frame set forth herein. 13 3. TIME OF PERFORMANCE. 14 Complete Thermal's services shall commence upon the full 15 execution of the Agreement and shall continue until the HVAC System 16 Renovation as identified in the RFP and Proposal is completed, unless 17 the Agreement is otherwise terminated or extended. 18 4. COMPENSATION. 19 A. Consulting Costs. 20 The City shall compensate Complete Thermal for the 21 HVAC System Renovation, as set forth in the Proposal, in an amount not 22 to exceed Fifty -Nine Thousand Seven Hundred Fifteen Dollars and No 23 Cents ($59,715.00), which includes all labor, material, taxes and 24 freight. 25 B. Other Expenses. 26 Expenses may only be billed if written approval 27 has been obtained in advance from the City Administrator. 28 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. METHOD OF PAYMENT. Complete Thermal shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of services rendered, directly related job expenses and subcontractor charges incurred by Complete Thermal for which compensation is due, and an estimate of the percentage completed for each milestone or task. Complete Thermal shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill City directly. Payment of each invoice shall be made after acceptance and approval by City within thirty (30) days of receipt. City's approval of the invoice shall not be unreasonably withheld. RM CHANGES AND EXTRA SERVICES. City reserves the right to request changes in the services to be performed by Complete Thermal. All such changes shall be incorporated in written change orders executed by City and Complete Thermal that shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 7. PRODUCTS OF MNgTMTT1.7!'_ All documents, data, databases, studies, surveys, drawings, maps, models, photographs and reports prepared by Complete Thermal under this Agreement shall be considered the property of City. Such documents and materials shall be delivered to City by Complete - 5 - 1 Thermal as they are generated; however, Complete Thermal may take and 2 retain copies of such documents and materials as desired. 3 8. PROFESSIONAL ABILITY OF COMPLETE THERMAL. 4 City has relied upon the professional training and 5 ability of Complete Thermal to perform the services hereunder as a 6 material inducement to enter into this Agreement. Complete Thermal 7 shall therefore provide properly skilled professional and technical 8 personnel to perform all services under this Agreement. All work 9 performed by Complete Thermal under this Agreement shall be in 10 accordance with applicable legal requirements and shall meet the 11 standard of quality ordinarily to be expected of competent 12 professionals in Complete Thermal's field of expertise. 13 9. TERMINATION. 14 This Agreement may be terminated by City without cause 15 on ten (10) days written notice to Complete Thermal. In the event of 16 such termination by City, Complete Thermal shall be entitled to only 17 the compensation earned by it prior to the date of the termination 18 notice, plus compensation for necessary work performed during the ten 19 (10) day notice period and authorized in the termination notice. 20 10. CONFIDENTIAL INFORMATION. 211 A. Access to Confidential Information. The City may 22 provide Complete Thermal and/or its subcontractor with, or allow 23 Complete Thermal access to, certain relevant information not available 24 to the public concerning, but not limited to the City, or businesses 25 located in the City. The information may include, but is not limited 26 to, company information, taxes, sales, value of assets, utility usage, 27 or other such information. All such information shall be known as 28 "Confidential Information" and shall not be used to circumvent the 1 responsibility of either party to this Agreement. 2 B. No Disclosure. Except as expressly permitted, 3 Complete Thermal and/or its subcontractor shall not disclose, permit 4 the disclosure of, release, disseminate, or transfer, whether orally or 5 by any other means, any part of such Confidential Information to any 6 other person or entity, whether corporate, governmental, or individual, 7 without the express prior written consent of an authorized 8 representative of the City. Complete Thermal and/or its subcontractor 9 shall return any written Confidential Information, and all copies made 10 of such items, to the City upon the City's written request, but in any 11 event not later than.the date that Complete Thermal has performed all 12 services to be performed pursuant to this Agreement. Complete Thermal 13 hereby agrees that such Confidential Information and any documents 14 provided may be used by Complete Thermal and/or its subcontractor only 15 as authorized by the City. Complete Thermal shall include a contract 16 provision in its contract with subcontractors that binds the 17 subcontractors to this non -disclosure requirement. Complete Thermal 18 shall take reasonable measures to avoid any disclosure of any such 19 Confidential Information to any unauthorized person. 20 C. Court Ordered Disclosure. Complete Thermal shall 21 immediately notify the City of any court order or subpoena requiring 22 disclosure of Confidential Information, and shall cooperate with legal 23 counsel in the appeal or challenge of any such order or subpoena. 24 Recipient may only disclose Confidential Information required to be 25 disclosed pursuant to court order or subpoena after legal counsel has 26 exhausted any lawful and timely appeal or challenge. 27 D. Remedies. In addition to any other remedies that 28 it may have at law or in equity, the City shall be entitled to a - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Complete Thermal acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. 11. COMPLIANCE WITH LAWS. Complete Thermal shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to, any permit or license requirements of the United States Department of Commerce, as well as%any laws of the United States of America. 12. GOVERNING LAW. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California. 13. FORUM SELECTION. Any action brought relating to this Agreement shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 14. NOTICES. Notices to the parties, unless otherwise requested in writing, shall be sent to: CITY: COMPLETE THERMAL: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 COMPLETE THERMAL SERVICES, INC. ATTN: WILLIAM L. CLEMENTS 11642 KNOTT STREET, SUITE 10 GARDEN GROVE, CA 92841 1 15. GENERAL PROVISIONS. 2 A. Independent Contractor. 3 At all times during the term of this Agreement, 4 Complete Thermal shall be an independent contractor and shall not be an 5 employee of the City. The City shall have the right to control Complete 6 Thermal only insofar as the results of Complete Thermal services 7 rendered pursuant to this Agreement; however, the City shall not have 8 the right to control the means by which Complete Thermal accomplishes 9 services rendered pursuant to the Agreement except to the extent that 10 such services involve the use of City property or Confidential 11 Information. 12 B. Complete Thermal Not Agent. 13 Except as the City may specify in writing, Complete 14 Thermal shall have no authority, express or implied, to act on behalf 15 of the City in any capacity whatsoever as an agent. Complete Thermal 16 shall have no authority, express or implied, pursuant to this Agreement 17 to bind the City to any obligation whatsoever. 18 C. Indemnification. 19 Complete Thermal shall indemnify, defend, protect 20 and hold harmless the City and its officers, agents and employees, free 21 from and against any and all claims, demands, losses, damages, 22 liabilities, fines, charges, penalties, orders, judgments and all costs 23 and expenses incurred in connection therewith, including reasonable 24 attorney's fees and costs of defense arising out of the services 25 performed under this Agreement, except to the extent arising from or 26 caused by the sole negligence or willful misconduct of the City, its 27 officers, agents or employees. 28 - 9 - 1 D. Insurance. 2 Prior to commencing work hereunder, Complete 3 Thermal shall provide City with proof of insurance providing and 4 maintaining the coverage and endorsements set forth in the Insurance 5 Schedule attached hereto as Exhibit "C" and made a part hereof by 6 reference. Said proof of insurance shall also provide that said policy 7 or policies shall not be canceled or materially reduced in coverage 8 without giving at least thirty (30) days prior written notice.to City. 9 Complete Thermal shall not permit any other subcontractor or vendor to 10 perform work on City premises unless and until a certificate of 11 insurance is obtained showing that such subcontractor or vendor has 12 worker's compensation coverage. 13 If Complete Thermal employs subcontractors as part of the 14 services rendered, Complete Thermal's protective coverage is required. 15 Complete Thermal may include all subcontractors as insureds 16 under its own policy or shall furnish separate insurance for each 17 subcontractor, meeting the requirements set forth herein.. 18 E. Assignment and Subcontracting Prohibited. 19 Complete Thermal may not assign or subcontract any 20 right or obligation pursuant to this Agreement without the express 21 written consent of the City. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall 22 23 be void and of no effect. 24 F. Entire Agreement. 25 This Agreement constitutes the complete and final 26 expression of the agreement of the parties and is intended as a 27 complete and exclusive statement of the terms of their agreements and 28 supersedes all prior and contemporaneous offers, promises, - 10 - 1 representations, negotiations, discussions, communications and 2 agreements which may have been made in connection with the subject 3 matter hereof. All exhibits are incorporated by reference. Complete 4 Thermal represents that in entering into this Agreement, it has not 5 relied on any previous representations or understandings of any kind or 6 nature. 7 G. Partial Invalidity. 8 Wherever possible, each provision hereof will be 9 interpreted in such manner as to be effective and valid under 10 applicable law, but in case any one or more of the provisions contained 11 herein will, for any reason, be held to be invalid, illegal or 12 unenforceable in any, respect, such provision will be ineffective to the 13 extent, but only to the extent, of such invalidity, illegality or 14 unenforceability without invalidating the remainder of such invalid, 15 illegal or unenforceable provision or provisions or any other provision 16 hereof, unless such a construction would be unreasonable or contrary to 17 the intent of the parties as expressed in this Agreement. 18 H. Time of the Essence. 19 Time is of the essence in the performance of this 20 Agreement and of each and every provision hereof. The waiver by the 21 City of any breach or breaches hereof shall not be deemed, nor shall 22 the same constitute, a waiver of any subsequent breach or breaches. 23 I. Attorneys' Fees. 24 In the event that it becomes necessary for either 25 party to this Agreement to enforce any of the provisions of this 26 Agreement, the parties agree that a court of competent jurisdiction may 27 determine and fix reasonable attorney's fees to be paid to the 28 successful litigant. I J. Benefit of Agreement. 2 This Agreement shall bind and benefit the parties 3 hereto and their heirs, successors, and permitted assigns. 4 K. Force Majeure. 5 Neither party shall be considered to be in default 6 in any of its obligations under this Agreement when a failure of 7 performance shall be due to an uncontrollable force. The terms 8 "uncontrollable force" shall mean any cause beyond the control of the 9 party affected, including, but not limited to, flood, earthquake, 10 storm, fire, lightening, epidemic, war, riot, civil.disturbance or 11 disobedience, labor dispute, labor material shortage, sabotage, 12 federal, state, or municipal action, statute, ordinance, or regulation, 13 embargoes or the United States Government or any other government, 14 which by exercise of due diligence such party could not reasonably have 15 been expected to avoid and by exercise of due diligence has been unable 16 to overcome. Either party rendered unable to fulfill any of its 17 obligations under this Agreement by reason of an uncontrollable force, 18 shall give written notice within five (5) business days of such fact to 19 the other party and shall exercise due diligence to remove such 20 inability with all reasonable dispatch. 21 L. Waiver. 22 Any waiver at any time by either party of its 23 rights with respect to a default under this Agreement, or -with respect 24 to any other matters arising in connection with this Agreement, shall 25 not be deemed a waiver with respect to subsequent default or other 26 matter. 27 M. Warranty. 28 Complete Thermal warrants title to the equipment - 12 - 1 purchased hereunder and any part thereof to be free of any claim of any 2 security interest, lien or any encumbrance. Complete Thermal also 3 warrants that the equipment will be delivered new and shall be free 4 from defects in material and workmanship and will provide.a one (1) 5 year labor and material warranty on all components installed for the 6 warranty period of one (1) year from operation and a two (2) years 7 parts, labor and travel warranty on the variable frequency drives. All 8 manufacturers' warranties provided by Complete Thermal, and any other 9 warranties typically provided by Complete Thermal or made applicable by 10 law shall apply to the parts and labor provided by hereunder. 11 N. Amendment. 12 All changes or modifications to this Agreement 13 shall be in a writing stating that it is an amendment to this Agreement 14 and shall be signed by both parties or their duly authorized agents. 15 This Agreement shall not be modified through course of dealing, usage 16 or trade. 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City ;Attorney By: LEONIS C. MALBURG, Mayor COMPLETE THERMAL SERVICES, INC. - 14 - EXHIBIT Wj UU d/Ull ary cown t,$ m C_ MATBURG Mayor THOMAS A. YBARRA i�ia7or Pm --Taro WK��+ �++dB..I''L�LODAVIS �+�� Ms W.-M10EIAEL MCWJ M M CamrIIm.n BRUCE V. MA1iORST QtyA tw/CityC3e& FAX M 826.14M CITY HALL - OM SANTA FE AV1;t WX VMMN, CAMORNIA 9(1056 TBI1WHONB CM) 583-MU REQUEST FOR PROPOSAL EDUAttDO OUVO CiW AMumey FAX (SQ) 869-IM KBM VMSON rector of C—=_itr Services do Water FAX: (M) e26-105 MaOM I DeDAMO Mectorofl.s t&power FAX (M) 82 las STE MF-PA M rlmahw FAX (33) a&-1w7 BRUCE W. OLSON Polka Chief FAX: (323) M24M The City o£ Vernon is requesting proposals for renovating of tfie HVAC systems second floor of the City Hall as shown on the drawingsserving the 2112102. prepared GRT and Associates dated PROJECT SPECIFICATIONS: L Furnish and install one (1) 3 HP Variable Speed Drive for return air system, 2. Famish and install one (1) 20 HP Variable Speed Drive for supply air system, 3. Furnish and install all controls and genes materials necessary to install and connect drives to specified motors. 4. Fumish and install thirty wee (33) Titus ECT-11 retrofit pneumatic valves. 5. Furnish and install twenty-one (21) Titus ECT-3LS Pneumatic control Padkages. 6. Famish and install new flex duct for heating and cooling. 7. Demo existing controls aid any, unused duct. g• provide air balance for VAV boxes and connected supply air grilles for all gatem .retrofitted 9. Provide a one-year warranty on parts and labor. CrBN MAL CONQ NS The contractor shall visit site prior to bidding to verify the locati characteristics of all systems, by the act of subM aProposal °n' operation, condition and contract, the contractor shall be deemed to have made such study and examination, and that he is familiar with and accepts all conditions of the site. Contractor will furnish all necessary labor, materials, supplies, equipment, transportation and supervision to complete the project. - Contractor shall be solely responsible for any damaged to existing facilities resulting directly or indirectly form his operations. Contractor shall perform any necessary repair works on all existing damages. WJUlU/U11 r Contractor shall properly cover and protect all furnishings and equipment Contractor shall arrange with the City to remove any breakable items form the working area. All work shall be performed by experienced service technicians' with minimum of 3 years experience in HVAC system renovation. All work, service and repair shall be performed in accordance with all applicable codes and the mawfacture's installation instruction with no additional -charge. Contractor shall guarantee the entire systems'unconditionally for a minimum period of one (1) Year after final acceptance. Contractor will repair/replace all damaged ceiling tiles, wall openings at the end of the job. The contractor shall agree to provide for emergency repair service within 24 hours of call during the one-year guarantee period. Should the contractor not respond within the 24 our period, the City at its own discretion may orAer the necessary work to be done and pass on the cost to the contractor and not impair the one-year guarantee requirement. The contractor shall provide a phone number for emergency calls. Contractor cannot re -assign any part of this contract out without first obtain the city's approval. Project will be performed during worldng hours convenient to the City. Including nights and weekends with no extra charge. Co ntractor shhallll keep the job site clean of debris, equipment, and surplus materials at the end of k shi CONTRACTOR SELECTYON: The selection of a contractor to provide services will be based on demonstrated competencey Professional qualifications, staffing and previous experience necessary fox the satisfactory performance of the services required. Prior experience with providing similar services is highly desirable. The City of Vernon will evaluate the proposals and select the contractor. BIDDING REOUIltE1V1 ,NTS • Contractor must hold.relevant state licenses. A copy of all relevant licenses shall bo submitted for review. All firms must meet the minimum requirement outlined in the City of Vernon's insurance schedule. A copy of this schedule has been provided for review. All bids hqW be, delivered to the City of Vernon Department of Community Services counter by Tuedday, March.9, . 2004 at 5:00 p.m. The contact parson for this project is Leo Lee who can be reached at (323) 583-8811 extension 217, Monday through Thursday from 7:00 a.m. to 9:00 a.m. EXHIBIT - I `""" 10005/0 Complete Thermal Services, Inc. March 9, 2004 City of Vernon 4305 Santa Fe Ave. Vernon, Ca. 90058 Subject: Proposal for Second Floor of City Hall HVAC Renovation To Whom It May Concern: The following is our proposal to provide necessary labor and materials to perform the necessary work for the "second floor HVAC renovation as per your plans and specifications. Our proposal is as follows: - Demo the existing double duct mixing box controls on 21 of the 24 mixing - Demo any unused ductwork and flex duct that is to be replaced boxes - Mstall new flex duct on the inlet of 20 of the 21 old mixing boxes, one has new ducting - Install 21 Titus ECT-TI retrofit pneumatic control packages - Install 33 Titus ECT-3LS retrofit pneumatic valves with blank off plates - Install one 3 hp ABB Variable Frequency Drive for the return air fan - Install one 20 hp ABB Variable Frequency Drive for the supply air fan - install necessary static pressure controls to control the two VFDs - Provide necessary electrical work to install the two VFDs - Insulate the existing ductwork that is not insulated on boxes MB7 & MB 13 - Provide independent certified air balance for the 24 mixing boxes and their related air l;Ua as Per engineered drawings provided by the City of vemou - Make any necessary repairs to the mixing boxes drat are existing - Start up and test the systems for proper operation - Included is factory start up for the Variable Frequency Drives Exclusions: Permits, engineering, any repairs to the mechanical systems other than those mentioned to the mixing boxes, cutting and patching or any other work not mentioned in this proposal. Warranty: One year from the date of acceptance for parts and labor. Warranty does not include the mechanical system other than the retrofit applied to the mixing boxes. - Nee for the above proposal: $59,715.00 11642 Knott St. Suite 10 Garden Grove California 9MI Tel 714 •691 •2265 Fox 714 -891 - 2066 WJUUb10jj Option No. 1: $490.00 to add NEMA 12 dustproof enclosures for the two Variable Frequency Drives Option No. 2: $2,154.00 to add A1313 two contactor electronic bypass with circuit breaker disconnect for the two Variable Frequency Drives The VFDs come standard with NEMA 1 enclosures, UL certification, integral programmable PID setpoint control, electronic overload relay for drive protection, hand- off -automatic switch, integral DC line reactor up to 3% impedance, motor overloads and two year parts, labor and travel warranty. Respectfully submitted: Complete 'Thermal services, Inc. Date: Accepted by: Date: EXHIBIT :4 a a a • t + 1 2 3 4 5 6 7 8 9 10 11�' 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 EXHIBIT C INSURANCE SCHEDULE Complete Thermal shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits I Hazards Automobile Liability Bodily Injury Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer H. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Professional Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. EXHIBIT "C" SUPPORTING DOCUMENTS 0 1 AGREEMENT FOR PROFESSIONAL SERVICES 2 3 THIS AGREEMENT is made, entered into and executed in 4 duplicate originals, either copy of which may be considered and used as 5 the original hereof for all purposes, as of this 18th day of August, 6 2004, in the City of Vernon, County of Los Angeles, California 7 BY AND BETWEEN The City of Vernon (hereinafter referred to as the "City") 8 4305 Santa Fe Avenue 9 Vernon, CA 90058 10 AND Complete Thermal Services, Inc. (hereinafter referred to as 11 "Complete Thermal") 11642 Knott Street, Suite 10 12 Garden Grove, CA 92841 13 RECITALS 14 WHEREAS, the City requested proposals from qualified 15 consulting firms to renovate the heating and ventilation system on the 16 second floor of City Hall because the 28-year old volume dampers and 17 actuators in existing mixing boxes are not functioning properly 18 (hereinafter referred to as the "HVAC System Renovation"); and 19 WHEREAS, the Department of Community Services & Water 20 received two bids in response to its Request for Proposal ("RFP"), a 21 copy of which is attached hereto as Exhibit "A" and incorporated herein 22 by reference as though fully set forth; and 23 WHEREAS, Complete Thermal has submitted a proposal dated 24 March 9, 2004 (referred to hereinafter as the "Proposal"), a copy of 25 which is attached hereto as Exhibit "B" and incorporated herein by 26 reference as though fully set forth; and 27 WHEREAS, Complete Thermal's Proposal was the lowest of the 28 two submitted that met the specifications and requirements of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department; and WHEREAS, Complete Thermal is the City's current maintenance provider for the heating and ventilation system and represents that it is qualified, properly licensed and capable of performing the HVAC System Renovation that the City requires, as set forth in the RFP and is willing to do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Complete Thermal to provide the services and materials necessary for the HVAC System Renovation. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SCOPE OF WORK. Complete Thermal shall perform its services as outlined in the Proposal under the general supervision of City's Director of Community Services and Water and/or City Administrator. Complete Thermal's services shall include, but shall not be limited to, the following tasks: • demo the existing double duct mixing box controls on 21 of the 24 mixing boxes; • demo any unused ductwork and flex duct that is to be replaced; • install new flex duct on the inlet of 20 of the 21 old mixing boxes, one has new ducting • install 21 Titus ECT-Tl retrofit pneumatic control packages; • install 33 Titus ECT-3LS retrofit pneumatic valves with blank off plates; • install one 3 hp ABB Variable Frequency Drive for - 2 - 1 the return air fan; 2 • install one 20 hp ABB Variable Frequency Drive for 3 the supply air fan; 4 • install necessary static pressure controls to 5 control the two VFDs; 6 • provide necessary electrical work to install the 7 two VFDs; 8 • insulate the existing ductwork that is not 9 insulated on boxes MB7 and MB13; 10 • provide independent certified air balance for the 111 24 mixing boxes and their related air grilles as 12 per engineered drawings provided by the City; 13 • make any necessary repairs to the mixing boxes that 14 are existing; 15 • start up and test the system for proper operation; 16 and 17 • included is factory start up for the Variable 18 Frequency Drives. 19 The following are excluded from the scope of services: Permits, 20 engineering, any repairs to the mechanical systems other than those 21 mentioned in the Proposal, cutting and patching or any other work not 221 mentioned in the Proposal. 23 It is understood and agreed that in the event of a 24 conflict between Complete Thermal's Proposal and this Agreement, the 25 terms of this Agreement shall prevail. 26 Complete Thermal agrees that all services provided will 27 be conducted by its principal and, if staff members or subcontractors 28are used, their work will be under the supervision of the principal. - 3 - 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complete Thermal shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in the performance of such services. 2. PROGRESS REPORTS. Thermal Complete shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the services being performed by Complete Thermal under this Agreement. Complete Thermal shall provide monthly written progress reports to the City. In addition, Complete Thermal shall advise City, as quickly as possible, of any significant issues that will affect City's ability to complete the HVAC System Renovation within the time frame set forth herein. 3. TIME OF PFRFnRMANrP Complete Thermal's services shall commence upon the full execution of the Agreement and shall continue until the HVAC System Renovation as identified in the RFP and Proposal is completed, unless the Agreement is otherwise terminated or extended. 4. COMPENSATION. A. Consulting Costs. The City shall compensate Complete Thermal for the HVAC System Renovation, as set forth in the Proposal, in an amount not to exceed Fifty -Nine Thousand Seven Hundred Fifteen Dollars and No Cents ($59,715.00), which includes all labor, material, taxes and freight. B. Other Expenses. Expenses may only be billed if written approval has been obtained in advance from the City Administrator. - 4 - 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. METHOD OF PAYMENT. Complete Thermal shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of services rendered, directly related job expenses and subcontractor charges incurred by Complete Thermal for which compensation is due, and an estimate of the percentage completed for each milestone or task. Complete Thermal shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill City directly. Payment of each invoice shall be made after acceptance and approval by City within thirty (30) days of receipt. City's approval of the invoice shall not be unreasonably withheld. 6. CHANGES AND EXTRA SERVICES. City reserves the right to request changes in the services to be performed by Complete Thermal. All such changes shall be incorporated in written change orders executed by City and Complete Thermal that shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless, contained in a duly executed change order. 7. PRODUCTS OF CONSULTING. All documents, data, databases, studies, surveys, drawings, maps, models, photographs and reports prepared by Complete Thermal under this Agreement shall be considered the property of City. Such documents and materials shall be delivered to City by Complete - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Thermal as they are generated; however, Complete Thermal may take and retain copies of such documents and materials as desired. 8. PROFESSIONAL ABILITY OF COMPLETE THERMAL City has relied upon the professional training and ability of Complete Thermal to perform the services hereunder as a material inducement to enter into this Agreement. Complete Thermal shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Complete Thermal under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Complete Thermal's field of expertise. 9. TERMINATION. This Agreement may be terminated by City without cause on ten (10) days written notice to Complete Thermal. In the event of such termination by City, Complete Thermal shall be entitled to only the compensation earned by it prior to the date of the termination notice, plus compensation for necessary work performed during the ten (10) day notice period and authorized in the termination notice. 10. CONFIDF.NTTAT, TNF(1RMATTONT A. Access to Confidential Information. The City may provide Complete Thermal and/or its subcontractor with, or allow Complete Thermal access to, certain relevant information not available to the public concerning, but not limited to the City, or businesses located in the City. The information may include, but is not limited to, company information, taxes, sales, value of assets, utility usage, or other such information. All such information shall be known as "Confidential Information" and shall not be used to circumvent the - 6 - 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responsibility of either party to this Agreement. B. No Disclosure. Except as expressly permitted, Complete Thermal and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of the City. Complete Thermal and/or its subcontractor shall return any written Confidential Information, and all copies made of such items, to the City upon the City's written request, but in any event not later than -the date that Complete Thermal has performed all services to be performed pursuant to this Agreement. Complete Thermal hereby agrees that such Confidential Information and any documents provided may be used by Complete Thermal and/or its subcontractor only as authorized by the City. Complete Thermal shall include a contract provision in its contract with subcontractors that binds the subcontractors to this non -disclosure requirement. Complete Thermal shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. C. Court Ordered Disclosure. Complete Thermal shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. D. Remedies. In addition to any other remedies that it may have at law or in equity, the City shall be entitled to a - 7 - 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Complete Thermal acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. 11. COMPLTANCF. WTTH T.AWR Complete Thermal shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to, any permit or license requirements of the United States Department of Commerce, as well as -any laws of the United States of America. 12. GOVERNING LAW. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California. 13. FORUM SFT.FCTTON Any action brought relating to this Agreement shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 14. NOTICES. Notices to the parties, unless otherwise requested in writing, shall be sent to: CITY: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 COMPLETE THERMAL: COMPLETE THERMAL SERVICES, INC. ATTN: WILLIAM L. CLEMENTS 11642 KNOTT STREET, SUITE 10 GARDEN GROVE, CA 92841 8 _ 1 15. GENERAL PROVISIONS. 2 A. Independent Contractor. 3 At all times during the term of this Agreement, 4 Complete Thermal shall be an independent contractor and shall not be an 5 employee of the City. The City shall have the right to control Complete 6 Thermal only insofar as the results of Complete Thermal services 7 rendered pursuant to this Agreement; however, the City shall not have 8 the right to control the means by which Complete Thermal accomplishes g services rendered pursuant to the Agreement except to the extent that 10 such services involve the use of City property or Confidential 11 Information. 12 B. Complete Thermal Not Agent. 13 Except as the City may specify in writing, Complete 14 Thermal shall have no authority, express or implied, to act on behalf 15 of the City in any capacity whatsoever as an agent. Complete Thermal 161 shall have no authority, express or implied, pursuant to this Agreement 17 to bind the City to any obligation whatsoever. 181 C. Indemnification. 19 Complete Thermal shall indemnify, defend, protect 20 and hold harmless the City and its officers, agents and employees, free 211 from and against any'and all claims, demands, losses, damages, 221 liabilities, fines, charges, penalties, orders, judgments and all costs 23 and expenses incurred in connection therewith, including reasonable 24 attorney's fees and costs of defense arising out of the services 25 performed under this Agreement, except to the extent arising from or 26 caused by the sole negligence or willful misconduct of the City, its 27 officers, agents or employees. 28 - 9 - 1 D. Insurance. 2 Prior to commencing work hereunder, Complete 3 Thermal shall provide City with proof of insurance providing and 4 maintaining the coverage and endorsements set forth in the Insurance 5 Schedule attached hereto as Exhibit "C" and made a part hereof by 6 reference. Said proof of insurance shall also provide that said policy 7 or policies shall not be canceled or materially reduced in coverage 8 without giving at least thirty (30) days prior written notice to City. 9 Complete Thermal shall not permit any other subcontractor or vendor to 10 perform work on City premises unless and until a certificate of 11insurance is obtained showing that such subcontractor or vendor has 12 worker's compensation coverage. 13 If Complete Thermal employs subcontractors as part of the services rendered, Complete Thermal's protective coverage is required. 14 Complete Thermal may include all subcontractors as insureds 15 16 under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 17 18 E. Assignment and Subcontracting Prohibited. 191 Complete Thermal may not assign or subcontract any 20 right or obligation pursuant to this Agreement without the express 21 written consent of the City. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall 22 be void and of no effect. 23 F. Entire Agreement. 24 This Agreement constitutes the complete and final 25 26 expression of the agreement of the parties and is intended as a 27complete and exclusive statement of the terms of their agreements and 28 supersedes all prior and contemporaneous offers, promises, - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. Complete Thermal represents that in entering into this Agreement, it has not, relied on any previous representations or understandings of any kind or b nature. G. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Agreement. H. Time of the Essence. Time is of the essence in the performance of this Agreement and of each and every provision hereof. The waiver by the City of any breach or breaches hereof shall not be deemed, nor shall the same constitute, a waiver of any subsequent breach or breaches. I.' Attorneys' Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. 1 J. Benefit of Agreement. 2 This Agreement shall bind and benefit the parties 3 hereto and their heirs, successors, and permitted assigns. 4 K. Force Majeure. 5 Neither party shall be considered to be in default 6 in any of its obligations under this Agreement when a failure of 71 performance shall be due to an uncontrollable force. The terms 8 "uncontrollable force" shall mean any cause beyond the control of the 9 party affected, including, but not limited to, flood, earthquake, 10 storm, fire, lightening, epidemic, war, riot, civil disturbance or 11 disobedience, labor dispute, labor material shortage, sabotage, 12 federal, state, or municipal action, statute, ordinance, or regulation, 13 embargoes or the United States Government or any other government, 141 which by exercise of due diligence such party could not reasonably have 15 been expected to avoid and by exercise of due diligence has been unable 16 to overcome. Either party rendered unable to fulfill any of its 17 obligations under this Agreement by reason of an uncontrollable force, 18 shall give written notice within five (5) business days of such fact to 19 the other party and shall exercise due diligence to remove such 20 inability with all reasonable dispatch. 21 L. Waiver. 22 Any waiver at any time by either party of its 23 rights with respect to a default under this Agreement, or with respect 24 to any other matters arising in connection with this Agreement, shall 25 not be deemed a waiver with respect to subsequent default or other 26 matter. 27 M. Warranty. 28 Complete Thermal warrants title to the equipment - 12 - 1 purchased hereunder and any part thereof to be free of any claim of any 2 security interest, lien or any encumbrance. Complete Thermal also 3 warrants that the equipment will be delivered new and shall be free 4 from defects in material and workmanship and will provide a one (1) 5 year labor and material warranty on all components installed for the 6 warranty period of one (1) year from operation and a two (2) years 7 parts, labor and travel warranty on the variable frequency drives. All 8 manufacturers' warranties provided by Complete Thermal, and any other 9 warranties typically provided by Complete Thermal or made applicable by 10 law shall apply to the parts and labor provided by hereunder. 11 N. Amendment. 12 All changes or modifications to this Agreement 13 shall be in a writing stating that it is an amendment to this Agreement 14 and shall be signed by both parties or their duly authorized agents. 15 This Agreement shall not be modified through course of dealing, usage 16 or trade. 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS 0 ORM: ERIC T. FRE 'H Attorney CITY OF VERNON By: �z �z EONIS C. MAL RG, Ma or COMPLETE THERMAL SERVICES, INC. - 14 - LBCONI B C MAI BURG Mayor THOMAS A. IBARRA Manor Pro -Tenn WM 'BILL" DAVIS C.omd 1man CoundbMan W. MLCffJ%n M(:CORM M C.ouncftan BRUCE V. MALIODMRSr- C11y AAmitiiatratec/CJLy Clerk PAX (M) 826.1438 CITY HALL TA 4M SANM AvmgM vM=N, CMDORNU WM THWHONB cm) 58"8n REQUEST FOR PROPOSAL EDUARDO OLNO aty Amy FAX- (SQ) W1893 KnT4 WItSON Director of Cvmmwmity Services & Water FAX (3n) 826-105 IOWNM J. neDAMO Director ofLi&& Power FAX Cm) 82was SIMN E. PARM FAX (m) 826-1w7 BRUCE W. CXSON Polix Chief FAX: (323) s26-1a1 The City of Vernon is requesting proposals for renovating of the HVAC systems serving the second floor of the City Hall as shown on the drawings prepared by GRT and .Associates dated 2/12/02. PROJECT SPECIFICATIONS: I. Furnkb and install one (1) 3 HP Variable Speed Drive for return air system. 2. Fumish and install one (1) 20 HP Variable Speed Drive for supply air system. 3. Fumish and install all controls and general materials necessary to install and connect drives to specified motors. 4. Fumish and install thirty-three (33) Titus ECT-Tl retrofit pneumatic valves. 5. Funlish and install twenty-one (21) Titus ECT-3LS pneumatic control packages. 6. Furnish and install new flex duct for beating and cooling. 7. Demo existing controls and any unused duct. S. Provide air balance for VAV boxes and connected supply air grilles for all system retrofitted. 9. Provide a one-year warranty on parts and labor. Cr AL VMQNS. N The contractor shall visit site prior to bidding to verify the location, operation, condition and characteristics of all systems, by the act of subrruitting a proposal for the work included in this contract, the contractor shall be deemed to have made such study and examination, and that he is familiar with and accepts all conditions of the site. Contractor will furnish all necessary labor, materials, supplies, equipment, transportation and supervision to complete the project. Contractor shall be solely responsible for any damaged to existing facilities resulting directly or indirectly form his operations. Contractor shall perform any necessary repair works on all existing damages. Contractor shall properly cover and protect all furnishings and equipment Contractor shall arrange with the City to remove any breakable items form the working area. All work shall be performed by experienced service technicians with minimum of 3 years experience in HVAC system renovation. All work, service and repair shall be performed in accordance with all applicable codes and the manufacture's installation instruction with no additional -charge. Contractor shall guarantee the entire systems unconditionally for a minimum period of one (1) ' year after final acceptance. Contractor will repair/replace all damaged, ceiling tiles, wall openings at the end of the job. The contractor shall agree to provide for emergency repair service within 24 hours of can during the one-year guarantee period. Should the contractor not respond within the 24 our period, the City at its own discretion may oxller the necessary work to be done and pass on the cost to the contractor and not impair the one-year guarantee requirement. The contractor shall provide a phone number for emergency calls. Contractor cannot re -assign any part of this contract out without first obtain, the city's approval. Project will be performed, during worldng hours convenient to the City. Including nights and weekends with'no extra charge. Contractor s� keep the job site clean of debris, equipment, and surplus materials at the end of CONTRACTOR SELEMON: The selection of a contractor to provide services will be based on demonstrated competence, professional qualifications, staffing and previous experience necessary for the satisfactory peiforimance of the services required. Prior experiemce with providing similar Services is highly desirable. The City of Vernon will evaluate the proposals and select the contractor. ]BIDDING REOUIItEMENFS - Contractor must hold relevant state licenses. A copy of all relevant licenses Shall bo submitted for review. All firms must meet the minimum requirement outlined in the City of Vemon's insurance schedule. A copy of this schedule has been provided for review. All bids inuat be, delivered to the City of Vemon Department of Community Services counter by Tuesday, March.§, .2004 at 5:00 p.m. The contact perm for this project is Leo Lee who can be reached at (323) 583-8811 extension 217, Monday through Thursday from 7:00 am. to 9:00 a.m. Complete Thermal Services, Inc. March 9, 2004 City of Vernon 4305 Santa Fe Ave. Vernon, Ca. 90058 Subject: Proposal for Second Floor of City Hall HVAC Renovation To Whom It May Concern: The following is our proposal to provide necessary labor and materials to perform the necessary work for the second floor HVAC renovation as per your plans and specifications. Our proposal is as follows: - Demo the existing double duct mixing box controls on 21 of the 24 mixing boxes - Demo any unused ductwork and flex duct that is to be replaced Install new flex duct on the inlet of 20 of the 21 old mixing boxes, one has new ducting Install 21 Titus ECT-TI retrofit pneumatic control packages - Install 33 Titus ECT-3LS retrofit pneumatic valves with blank off plates - Install one 3 hp ABB Variable Frequency Drive for the retw n air fan - Install one 20 hp ABB Variable Frequency Drive for the supply air fan - Install necessary static pressure controls to control the two VFDs - Provide necessary electrical work to install the two VFDs - Insulate the existing ductwork that is not insulated on boxes MB7 & MB 13 - Provide independent certified air balance for the 24 mixing boxes and their related air grilles as per engineered drawings provided by the City of Vemon - Make any necessary repairs to the mixing boxes that are existing - Start up and test the system for proper operation - Included is factory start up for the Variable Frequency Drives Exclusions: Permits, engineering, any repairs to the mechanical systems other than those mentioned to the mixing boxes, cutting and patching or any other work not mentioned in this proposal. Warranty: One year from the date of acceptance for parts and labor. Warranty does not include the mechanical system other than the retrofit applied to the mixing boxes. Price for the above proposal: $59,715.00 11642 Knott St. suite 10 Gorden Grove California 92841 Tel 714 •891 •2265 Fox 714 •891 •2086 Option No. 1: $490,00 to add NFMA 12 dustproof enclosures for the two Variable Frequency Drives Option No. 2: $2,154.00 to add ABB two contactor electronic bypass with circuit breaker disconnect for the two Variable Frequency Drives TheDs come standard with NEMA 1 enclosures, UL certification, integral programmable PID setpoint control, electronic overload relay for drive protection, hand. off -automatic switch, integral DC line reactor up to 3% impedance, motor overloads and two year parts, labor and travel warranty. Respectfully submitted: llIt,.Cd�Ther Complete mal services, Inc. Date: � �py Accepted by: Date: 1 s" 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NKI EXHIBIT C INSURANCE SCHEDULE Complete Thermal shall. provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits I Hazards Automobile Liability Bodily jurX Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer 11. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Professional Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1- An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. EXHIBIT "C"