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HomeMy WebLinkAbout11 - Award of M/RSA for Civic Center Chiller Maintenance and Repair ServicesTO: FROM CITY OF NEWPORT BEACH City Council Staff Report March 23, 2021 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Facilities and Equipment Manager, kbrodowski@newportbeachca.gov PHONE: 949-718-3464 TITLE: Approval and Award of Maintenance and Repair Services Agreement with Envise Inc. for Civic Center Chiller Maintenance and Repair Services ABSTRACT: The City of Newport Beach (City) utilizes a contractor to perform heating, ventilation and air conditioning (HVAC) maintenance and repair services for the HVAC systems located at the Civic Center. Staff has received formal bids for Civic Center Chiller Maintenance and Repair Services, and requests City Council approval to enter into a three-year agreement with Envise, Inc. to provide these services. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly-, and b) Approve a three-year Maintenance and Repair Services Agreement with Envise Inc., for Civic Center Chiller Maintenance and Repair Services for a total not -to -exceed amount of $150,000, and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The Public Works Department, Facility Maintenance section is responsible for servicing and repairing the central HVAC system at the Civic Center. The HVAC system is a combination of large and small equipment that includes chillers, water towers, air handlers (ventilation system), A/C split systems and boilers, totaling more than 90 machines. The HVAC system at the Civic Center is monitored by a centralized computer with energy efficient programing set to provide ideal temperatures year-round. Approval and Award of Maintenance and Repair Services Agreement with Envise Inc. for Civic Center Chiller Maintenance and Repair Services March 23, 2021 Page 2 Due to the complexity and size of the HVAC system, preventative maintenance and component inspection on a scheduled basis is critical to maintain optimal efficiency. Facilities Maintenance staff monitors the system daily; however, staff rely on specialized contractors to perform quarterly and annual maintenance. System maintenance involves oil sampling, wet and dry filter changes, testing of high-pressure liquid vessels, refrigerant balance and adjustments, and collection of data set points for comparisons against component specifications. All this is done to maximize system efficiency and extend the useful life. The current agreement C- 8456-1 with Trane US Inc. for Civic Center Chiller maintenance and repair services expires on March 27, 2021. Trane's past four year annual maintenance cost was averaging around $42,200. Staff sent out a Notice Inviting Bids (RFB 21-15) on October 8, 2020. On January 26, 2021, at 2 p.m. the City Clerk opened and read the following bids for this project: Envise Inc. was deemed the lowest responsible bidder with a projected annual cost of $27,977.75 for routine service and maintenance on a quarterly and annual basis for the Civic Center HVAC system. Staff made six reference calls of Envise Inc to assess service quality, and all six highly recommended the company. The current service provider, Trane US, was the high bidder, however staff believe they may have included additional services with their base bid that were not specifically requested. In addition to routine maintenance and repair work, Envise Inc. will also be utilized for unexpected repair work and the purchase and installation of replacement HVAC units as needed. Looking back to June of 2017, when the current agreement with Trane was executed, approximately $48,000 was spent repairing or replacing HVAC equipment not related to scheduled maintenance. As equipment continues to age and meet estimated life cycles, staff expects the need to replace critical HVAC components such as compressors, high pressure lines, blower fans, etc. Due to the high use and persistent stress on the system, it is difficult to estimate which components will fail, and when. However, scheduled maintenance and regular inspections can identify problems before they become catastrophic. Staff estimates this additional work to be $20,000 per year. Staff recommends the award of a new three-year HVAC maintenance and repair agreement to Envise, Inc. for a total not -to -exceed amount of $150,000 (Attachment A). 11-2 BIDDER TOTAL BID AMOUNT Low Envise Inc. $27,977.75 2nd Ontario Refrigeration $39,276.00 3rd Mesa Energy Systems $45,818.00 4t" ABM Building Solutions $49,204.00 5t" Diversified Thermal Systems $49,741.67 6t" FM Thomas $71,295.00 7t" Trane US Inc. $76,645.00 Envise Inc. was deemed the lowest responsible bidder with a projected annual cost of $27,977.75 for routine service and maintenance on a quarterly and annual basis for the Civic Center HVAC system. Staff made six reference calls of Envise Inc to assess service quality, and all six highly recommended the company. The current service provider, Trane US, was the high bidder, however staff believe they may have included additional services with their base bid that were not specifically requested. In addition to routine maintenance and repair work, Envise Inc. will also be utilized for unexpected repair work and the purchase and installation of replacement HVAC units as needed. Looking back to June of 2017, when the current agreement with Trane was executed, approximately $48,000 was spent repairing or replacing HVAC equipment not related to scheduled maintenance. As equipment continues to age and meet estimated life cycles, staff expects the need to replace critical HVAC components such as compressors, high pressure lines, blower fans, etc. Due to the high use and persistent stress on the system, it is difficult to estimate which components will fail, and when. However, scheduled maintenance and regular inspections can identify problems before they become catastrophic. Staff estimates this additional work to be $20,000 per year. Staff recommends the award of a new three-year HVAC maintenance and repair agreement to Envise, Inc. for a total not -to -exceed amount of $150,000 (Attachment A). 11-2 Approval and Award of Maintenance and Repair Services Agreement with Envise Inc. for Civic Center Chiller Maintenance and Repair Services March 23, 2021 Page 3 FISCAL IMPACT: The current adopted budget includes sufficient funding for this contract. It will be expensed to the Services Contract account, 0108041-851017, in the Public Works Department. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Maintenance and Repair Services Agreement with Envise, Inc. 11-3 ATTACHMENT A MAINTENANCE/REPAIR SERVICES AGREEMENT WITH ENVISE FOR CIVIC CENTER CHILLER MAINTENANCE AND REPAIR THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of March, 2021, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ENVISE, a California corporation ("Contractor"), whose address is 12131 Western Avenue, Garden Grove, California 92841, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform fixed and on-call maintenance and repair services for the Civic Center Chiller and related equipment ("Project"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Bid documents, line items, and specifications. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on April 1, 2021 ("Effective Date") and shall terminate on March 31, 2022, unless terminated earlier as set forth herein. The term shall automatically renew by an additional one (1) year period each April 1 unless the City provides Contractor with written notice of nonrenewal at least seven (7) days prior, or unless terminated earlier as set forth herein. In no event shall this Agreement extend beyond March 31, 2024. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" 11-4 or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2.3 With respect to the on-call Services described in Exhibit A, upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.3.1 A detailed description of the Services to be provided; 2.3.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.3.3 The estimated number of hours and cost to complete the Services; 2.3.4 The time needed to finish the specific project. 2.4 No on-call Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project ENVISE Page 2 11-5 Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B ("Billing Rates") and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all fixed maintenance Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Twenty -Seven Thousand Nine Hundred Seventy -Seven Dollars and 751100 ($27,977.75) for the initial one year term. Contractor's total compensation for all Services performed in accordance with this Agreement, including on-call compensation and all reimbursable items, shall not exceed a total of One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each subsequent anniversary, the Billing Rates shall be increased by 2.0%. 4.3 This compensation includes: 4.3.1 Any loss or damage arising from the nature of the Work; 4.3.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.3.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4.4 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.5 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. ENVISE Page 3 11-6 4.6 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Victoria Baaten to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and ENVISE Page 4 11-7 experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall ENVISE Page 5 11-8 be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and 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. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. ENVISE Page 6 11-9 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit H, and incorporated herein by reference. 15. BONDING — FIXED MAINTENANCE 15.1 For all Fixed Maintenance Work as described in Exhibit A, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the amount payable to the Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. BONDING — ON-CALL SERVICES 16.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit F which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ENVISE Page 7 11-10 ($25,000.00), and in the form attached hereto as Exhibit G which is incorporated herein by this reference. 16.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 16.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 17. LABOR AND PREVAILING WAGE REQUIREMENT 17.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 17.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 17.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the tenus of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the agreement shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981, inclusive). The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17.4 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or ENVISE Page 8 11-11 subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 20. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 21. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 22. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, ENVISE Page 9 11-12 or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 23. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: ENVISE Page 10 11-13 Attn: Director of Public Works Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Victoria Baaten Envise 12131 Western Ave. Garden Grove, CA 92841 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and ENVISE Page 11 11-14 thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. LABOR 29.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, of seq.). 29.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 29.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 29.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 30. STANDARD PROVISIONS 30.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 30.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. ENVISE Page 12 11-15 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] ENVISE Page 13 11-16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ 6,3/ 1 y Z l 1 If By: (P',) ron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date.- By: ate: By: Brad Avery Mayor CONTRACTOR corporation Date: By: ENVISE, a California Theodore Docharty Lynch Chief Executive Officer Date.- ate: By.- By: Rebecca Rebecca Jeanne Reyes Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services 1 Service Specifications Exhibit B — Schedule of Billing Rates Exhibit C — Bid Submittal Documents Exhibit D — Labor and Materials Payment Bond (Fixed Maintenance) Exhibit E — Faithful Performance Bond (Fixed Maintenance) Exhibit F — Labor and Materials Payment Bond (On -Call Services) Exhibit G — Faithful Performance Bond (On -Call Services) Exhibit H — Insurance Requirements ENVISE Page 14 11-17 EXHIBIT A SCOPE OF SERVICES / SERVICE SPECIFICATIONS ENVISE Page A-1 11.18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CIVIC CENTER CHILLER MAINTENANCE AND REPAIR REQUEST FOR BID No. 21-15 All work necessary for the completion of this contract shall be done in accordance with these Special Provisions. Award and Selection Contract shall be awarded to lowest responsible bidder based on the estimated amounts listed in the Proposal/Line items for a term period of (3) years. Contractor Licensing At the time of the award and until completion of work, the Contractor must possess the following Contractor License: "C-20." At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. Equipment Equipment Series RTM Water -Cooled Chillers Number RTWD... Asset- • CH -1,2 OtyManufacturerModel 2 Trane Pumps (Chilled Water, Condenser Water, and Heating Hot Water 6 Bell & Gossett Size 1510 P-1-6 Hot Water Boilers 2 RayPak H7-0850 B-1,2 Chillgard(D LE Refrigerant Monitor 1 MSA A -LE -D-4-1... nla Return Fans — Direct Drive 3 Alliance 4VN-AS-PF RF -1,4-5 Return Fans — Belt Driven 2 Greenheck QEI... RF -2,3 Air Handling Units 5 Alliance 4VN... AHU-1-5 Cooling Tower 1 BAC 15177 CT -1 Split -System Precision Cooling Units 3 Liebert BF067A... CU-12A,12B,18 AC- 12A,12B,18 Library AHU-1R Alliance 4BN-17.7-AS 1608AHUR1 I1] 11-19 Unit Notes Split system indoor fan coil MFG Mitsubishi Model PEFY-P48NMAU-E 18WO1002 Split system indoor fan coil Mitsubishi PEFY-P08NMAU-E 15WO1476 Split system indoor fan coil Mitsubishi PEFY-P18NMAU-E 15WO1392 Split system indoor fan coil Mitsubishi PEFY-P08NMAU-E 15WO1475 Split system indoor fan coil, washable filters Mitsubishi LGH-F1200RX3-E, D10682770 No grease, no oil, no belts Greenheck SQ -120 -B -X 12679907- 1112 No grease, no oil, no belts Greenheck SQ -130 -VG -7-X 13385499- 1308 Expansion tank/air separator Bell and Gossett R -3F 227438 Split system condensing unit Mitsubishi PUY-Al2NHA4 16UO3046C Split system condensing unit Mitsubishi MUY-D36NA 2001663T Packaged AC unit Mitsubishi PEA-Al2AA4 13M00104 Packaged AC unit Mitsubishi PEA-Al2AA4 13M00098 Condensate pump system. Hartell AZ-X-1965DV Split system condensing unit Mitsubishi PUY-Al2NHA4 15UO25700 Split system condensing unit Mitsubishi PKA-A24KA4 12M00920 No grease, no oil, no belts Greenheck G -143 -VG -7-X 12679819 1201, No grease, no oil, no belts Greenheck G -143 -VG -7-X 12679820 1201, Split system condensing unit Mitsubishi PUY-A18NHA4 14UO2251 C Constant volume AC unit Mitsubishi SDV5-004 767858 - 001- 001 No grease, no oil, no belts Greenheck SA -85 -D -X 12679912 1112, Split system condensing unit Mitsubishi PUY-Al2NHA4 15UO2680C Split system condensing unit Mitsubishi PURY-P168TGMU-A 88W00189 Unit 19W00980, filter type FBM2-1 Mitsubishi PEFY-P30NMAU-E 19WO0980 Unit 19W00980, filter type FBM2-1 Mitsubishi PEFY-P36NMAU-E 19WO1215 Washable filters Mitsubishi PKFY-P24NKMU-E 11 M00093 Packaged AC unit / washable filter MFG Mitsubishi ModelNotes MSY-D36NA 2000602 Packaged AC unit / washable filter Mitsubishi PEA-Al2AA4 13M00101 No belt size on service report BAC 15177 U122431601-01 Baldor Electric 35R011 W329G2 F1 1 1 1 1 03441 [21 11-20 Split system condensing unit Mitsubishi PUY-A24NHA4 3ZU14359A Split system condensing unit Mitsubishi PUY-A24NHA4 19UO4867D Split system condensing unit Mitsubishi PUY-A24NHA4 19UO4826D Split system indoor fan coil Mitsubishi PLA-A24BA4 02AO0710B Split system indoor fan coil/washable filter Mitsubishi PKA-A24KA4 12MO1083 No grease, no oil, no belts Greenheck CVE-121-VG-5-6 12679822-1201 Split system condensing unit Mitsubishi PUY-Al2NHA4 16UO3047C No grease, no oil, no belts Greenheck SQ -12C -A -X 12679905 No grease, no oil, no belts Greenheck SQ -85 -D -X 12679910-1112 No grease, no oil, no belts Greenheck SQ -95 -V6 -4-X 2679906-1112 Split system indoor fan coil/washable filter Mitsubishi PKA-Al8HA4 02AO0928A No Access Mitsubishi SDV5-002 767858002-001 Computer Room Units Precision Cooling BF042ADAM01902S Computer Room Units Precision Cooling BF042ADAM01902S Computer Room Units Precision Cooling BF042ADAM01902S Scope of Work Scheduled Maintenance Scheduled number of specific service events and associated labor performed during normal business hours as outlined in the Equipment Coverage and Services section of this Agreement. Basic materials and supplies determined necessary by the Contractor's Technician for the normal performance of Scheduled Maintenance are covered by the annual fee and include grease, cleaning solvents, and wiping cloths. Refrigerant Management This scope includes: Refrigerant Replacement at 0% of Charge per unit per year Technicians will capture and track all refrigerant activity performed for each piece of Covered Equipment Refrigerant Usage Reports can be generated annually Laboratory Analysis [3] 11-21 Contractor's Chemical Laboratory performs routine analysis and trending of oil, absorption solutions, and refrigerants as required. Cooling Contingency Planning Contractor's emergency preparedness personnel will provide, free of charge upon request, Cooling Contingency Planning to anticipate and respond to unusual or unplanned cooling needs. Planning will address temporary chillers, portable auxiliary power units, and recommendations for facility modifications to prepare your system for temporary cooling. Services to be Performed Description Quantity Per Term Series RTM Chiller Annual Inspection 1 Series RTM Chiller Operational Quarterly Inspection 3 Refrigerant Monitor Maintenance & Calibration 1 Annual Mechanical -Draft Cooling Tower Inspection 1 Quarterly Mechanical -Draft Cooling Tower Inspection 3 Mechanical -Draft Cooling Tower Variable Frequency 1 Annual Pump Maintenance 1 Quarterly Pump Running Inspection 3 Pump Variable Frequency Drive Maintenance 1 Annual Air Handler Maintenance 1 Quarterly Air Handler Maintenance 3 Air Handler Variable Frequency Drive Maintenance 1 Annual Boiler Maintenance 1 Quarterly Boiler Inspection 3 Annual Return Fan Maintenance 1 Quarterly Return Fan Inspection 3 [4] 11-22 Return Fan Variable Frequency Drive Maintenance 1 Annual Liebert Split System Maintenance 1 Quarterly Liebert Split System Inspection 3 Annual Exhaust Fan Maintenance 1 Quarterly Exhaust Fan Inspection 3 Fan Coil Unit Inspection 4 Annual A/C Unit Maintenance 1 Quarterly A/C Unit Inspection 3 WATER-COOLED ROTARY CHILLERS: Comprehensive Annual Inspection • Report in with the Customer Representative. • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • Leak -test the chiller and report the leak check results. • Repair minor leaks as required (e.g. valve packing, flare nuts). • Visually inspect condenser tubes for cleanliness. Controls and Safeties • Inspect the control panel for cleanliness. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Verify all settings in the electronic control panel. • Test the oil pressure safety device. Calibrate and record setting. . • Test the high motor temperature safety device. Calibrate and record setting. • Test the operation of the chilled water pump and condenser water pump starter auxiliary contacts. • Verify the setting of the current control device. • Test the operation of the optical oil sensor. Condenser Tube Brushing • Isolate the condenser water side of the chiller and drain water (condenser isolation valves must hold) [5l 11-23 • Drop the condenser heads • Inspect tubes, check for scaling. • Brush all condenser tubes • Replace condenser head gasket with new OEM Trane part • Open isolation valves and fill chiller with water Lubrication System • Pull oil sample for spectroscopic analysis. • Test the oil for acid content and discoloration. Make recommendations to the customer based on the results of the test. • Change the oil filter. • Verify the operation of the oil heater. Measure amps and volts and compare the readings with the watt rating of the heater. Motor and Starter • Clean the starter and cabinet. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Check tightness of motor terminal connections. • Check condition of the contacts for wear and pitting. • Check contactors for free and smooth operation. • Check the mechanical linkages for wear, security and clearances. • Meg the motor and record readings. • Verify the operation of the electrical interlocks. • Measure voltage and record. Voltage should be nominal voltage ±10% Mid -Season Running Inspection • Check the general operation of the unit. • Log the operating temperatures, pressures, voltages, and amperages. • Check the operation of the control circuit. • Check the operation of the motor and starter. • Analyze the recorded data. Compare the data to the original design conditions. • Review operating procedures with operating personnel. • Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. AIR COOLED CHILLERS: Comprehensive Annual Inspection • Report in with the Customer Representative. • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • Inspect for leaks and report leak check result. [6] 11-24 • Repair minor leaks as required (e.g. valve packing, flare nuts). • Check the condenser fans for clearances and free operation. • Check tightness of condenser fan motor mounting brackets. • Check the set screws on the fan shafts. • Visually inspect the condenser coil for cleanliness. • Verify the performance of the fan control inverter VFD, if applicable. • Grease bearings as required. Controls and Safeties • Inspect the control panel for cleanliness. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Verify the working condition of all indicator/alarm lights and LED/LCD displays. • Test oil pressure safety device (as required). Calibrate and record setting. • Test the operation of the chilled water pump starter auxiliary contacts. Lubrication System • Pull oil sample for spectroscopic analysis. • Test oil for acid content and discoloration. • Make recommendations to the customer based on the results of the test. • Verify the operation of the oil heaters. Motor and Starter • Clean the starter cabinet and starter components. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Check the condition of the contacts for wear and pitting. • Check contactors for free and smooth operation. • Check all mechanical linkages for wear, security and clearances. • Verify tightness of the motor terminal connections. • Meg the motor and record readings. • Verify the operation of the electrical interlocks. • Measure voltage and record. Voltage should be nominal voltage ±10%. Quarterly Running Inspection • Check the general operation of the unit. • Log the operating temperatures, pressures, voltages, and amperages. • Check the operation of the control circuit. • Check the operation of the lubrication system. • Check the operation of the motor and starter. • Analyze the recorded data. Compare the data to the original design conditions. • Review operating procedures with operating personnel. • Provide a written report of completed work, operation log and indicate any uncorrected deficiencies detected. [7] 11-25 AIR HANDLING UNITS: Comprehensive Annual Inspection • Report in with the Customer Representative. • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • Inspect the unit for cleanliness. • Inspect the fan wheel and shaft for wear and clearance. • Check the sheaves and pulleys for wear and alignment. • Replace Belts • Verify tight bolts, set screws, and locking collars. • Check dampers for wear, security and linkage adjustment. • Verify clean condensate pan. • Verify proper operation of the condensate drain. • Replace all air filters. • Verify clean coils. • Verify proper operation of the spray pump, if applicable. • Verify smooth fan operation. • Log operating conditions after system has stabilized. • Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. Lubrication • Lubricate the fan shaft bearings, if applicable. • Lubricate the motor bearings, if applicable. Controls and Safeties • Test the operation of the low temperature safety device, if applicable. • Test the operation of the high static pressure safety device, if applicable. • Test the operation of the low static pressure safety device, if applicable. • Check the thermal cutout on electric heaters, if applicable. • Check the step controller, if applicable. • Check and record supply air and control air pressure, if applicable. • Verify the operation of the control system and dampers while the fan is operating. Motor and Starter • Clean the starter and cabinet. • Inspect the wiring and connections for tightness and signs of overheating and discoloration. This includes wiring to the electric heat, if applicable. • Check the condition of the contacts for wear and pitting. • Check the contactors for free and smooth operation. a 11-26 • Meg the motor and record readings. Scheduled Running Inspection • Check the general condition of the fan. • Verify smooth fan operation. • Check and record supply and control air pressure, if applicable. • Verify the operation of the control system. • Replace pre -filters. • Verify that post/box filters are in good condition. • Log the operating conditions after the system has stabilized. • Review operating procedures with operating personnel. • Provide a written report of completed work, operating log, and indicate uncorrected deficiencies detected. COOLING TOWER, BELT DRIVEN: Comprehensive Annual Inspection • Report in with the Customer Representative. • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • STRUCTURE o Disassemble all screens and access panels for inspection. o Inspect the conditions of the slats, if applicable. o Inspect the condition of the tower fill. o Inspect the condition of the support structure. o Inspect the condition of the basins (upper and lower) and/or spray nozzles. o Verify clean basins and strainer(s). o Verify the condition and operation of the basin fill valve system. • MECHANICAL o Replace belts. o Verify correct belt tension. Adjust the tension as necessary. o Inspect sheaves and pulleys for wear, condition, and alignment. o Inspect fan shaft and bearings for condition. Inspect fan assembly for condition, security, and clearances. (e.g. blade tip clearance). Lubrication System • Lubricate motor bearings. • Lubricate fan shaft bearings. [9] 11-27 Motor and Starter • Clean the starter and cabinet. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Check the condition of the contacts for wear and pitting. • Check the contactor(s) for free and smooth operation. • Meg the motor(s) and record readings. • Check disconnect terminal block for wear, tightness and signs of overheating and discoloration. • Check the condition and operation of the basin heater contactor(s). Mid -Season Running Inspection • Check the general operation of the tower. • Verify clean basins and strainers. If cleaning needed, technician to provide quote to building engineer on site. • Verify proper water level in the basin. • Verify proper operation of the water level control device. • Verify smooth operation of the fan(s). • Verify proper operation of the bypass valve(s), if applicable. • Review operating procedures with operating personnel. • Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. ni ieeno. Annual Inspection • Report in with the Customer Representative • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • Check motor shaft and pump shaft for alignment, if applicable. • Inspect the coupling for wear. • Verify that the shaft guard is in place and tight, if applicable. • Verify water flow through the pump. • Check for leaks on the mechanical pump seals, if applicable. • Verify proper drip rate on the pump seal packing, if applicable. • Verify smooth operation of the pump. • Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. Lubrication • Lubricate the motor bearings as necessary. • Lubricate the pump bearings as necessary. [10] 11-28 Motor and Starter • Clean the starter and cabinet. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Meg the motor. • Verify tight connections on the motor terminals. • Check the condition of the contacts for wear and pitting, if applicable. • Check the contactors for free and smooth operation. • Verify proper volts and amps. Running Inspection • Verify smooth operation of the pump. • Check for leaks on the pump seal. • Lubricate the motor bearings as necessary, if applicable. VARIABLE FREQUENCY DRIVES: Annual Maintenance Procedure • Report in with the Customer Representative. • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. • Clean the heat sink. • Inspect wiring and connections for tightness and signs of overheating and discoloration. • Visually inspect panel for loose or damaged parts or wiring; also check for any accumulation of dirt and/or moisture. • Verify proper operation of the unit. • Verify proper DC buss voltage. REFRIGERANT MONITORS: Annual Maintenance Inspection • Report in with Project Manager • Record and report abnormal conditions. • Check chassis mounting in enclosure. • Check operation of Clear Language Display. • Replace sampling filter element /elements at sensing points. • Provide Zero and Span calibration to accuracy within 1 PPM. • Visually check photo -acoustic sensing device. • Check periodic re -zeroing if applicable. 11-29 BOILERS: Comprehensive Annual Inspection • Report in with Project Manager • Record and report abnormal conditions, measurements taken, etc. • Review customer logs with the customer for operational problems and trends. General Assembly • Check the heating surfaces and water side for corrosion, pitting, scale, blisters, bulges and soot. • Inspect the refractory. • Check the expansion tank and drain if needed. • Clean the fire inspection glass. • Check the blow -down valve packing and lubricate. • Check and test boiler blow -down valve. • Perform hydrostatic test, if required. • GAS TRAIN BURNER ASSEMBLY c Check the gas train isolation valves for leaks. o Check the gas supply piping for leaks. c Check the gas pilot solenoid valve for wear and leaks. o Check the main gas and the pilot gas regulators for wear and leaks. c Test the low gas pressure switch. Calibrate and record setting. o Test the high gas pressure switch. Calibrate and record setting. Verify the operation of the burner fan air flow switch. o Inspect and clean the burner assembly. c Inspect and clean the pilot igniter assembly. o Inspect and clean the burner fan. o Run the fan and check for vibration. o Inspect the flue and flue damper. o Burner Control Panel: ■ Inspect the panel for cleanliness. ■ Inspect wiring and connections for tightness and signs of overheating and discoloration. • Clean burner fan wheel and air dampers. Check the fan for vibration. • Verify tightness of the linkage set screws. • Check the gas valves against leakage (where test cocks are provided). Controls and Safeties (all if applicable) • Disassemble and inspect the low water cutoff safety device. • Reassemble the boiler low water cutoff safety device with new gaskets. • Clean the contacts in the program timer, if applicable. • Check the operation of the low water cutoff safety device and feed controls. • Verify the setting and test the operation of the operating and limit controls. Quarterly Running Inspection 11-30 • Check the general condition of the unit. • Inspect the burner. • Adjust the burner controls to obtain proper combustion. • Check the operation of the pressure relief valve. • Check the operation of the low water cutoff and feed controls. • Check the setting and test the operation of the operating and limit controls. • Check the operation of the modulating motor. • Lift the safety/relief valves with at least 70% of rated pressure. • Blow down and try gauge cocks to confirm glass water level. • Check and test boiler blow down valve. • Log operating conditions after the system has stabilized. • Review operating procedures with operating personnel. • Provide a written report of completed work, operating log, and indicate uncorrected deficiencies detected. LIEBERT SPLIT -SYSTEMS: • Includes (4) PM inspections scheduled between 8am- 5pm, Monday -Friday, (excluding national holidays). Belts & Filters included and replaced on an "as needed basis." • All other parts & labor is provided on a time & material basis. • Performed by Liebert Factory Trained Technicians. Quarterly Maintenance Filters • Check for restricted airflow. • Replace air filters as needed • Examine filter switch. • Wipe entire section clean Blower Section • Verify that impellers are free of debris and move freely. • Check belt for condition and proper tension. • Replace belts as needed. • Verify that the bearings are in good condition. • Check the fan safety switch for proper operation. • Check the pulleys and motor mounts for tightness and proper alignment. Water/Glycol Condenser (If Applicable) • Check cleanliness of copper tubing. • Confirm that the water regulating valves are functioning properly. • Check the glycol solution level. • Check glycol freeze protection level • Check for water/glycol leaks [13] 11-31 Glycol Pump • Examine for any glycol leaks. • Determine proper pump operation. Steam Generating Humidifier (If Applicable) • Check the canister for any deposits. • Check the condition of all steam hoses. • Examine the water make-up valve for any leaks. • Check and adjust potentiometers for optimal performance Infrared Humidifier (If Applicable) • Check the pan drain for any type of blockage. • Examine the humidifier lamps for proper operation. • Check the pan for any type of mineral deposits. Refrigerant Cycle/Section • Examine refrigerant lines for leaks or damage. • Using the sight glass, check lines for moisture. • Monitor suction pressure. • Monitor head pressure. • Monitor discharge pressure. • Check superheat. Electric Panel, Controls, and Ancillary Items • Check fuses • Check electrical connections • Check contactors for pitting • Using microprocessor controls, ensure proper operation of the unit components • Inspect leak detection cabling (if connected to unit) FAN COIL UNITS: Quarterly Maintenance • Report in with Project Manager • Record and report abnormal conditions. • Verify clean water coil. • Verify tightness of fan set screws • Verify smooth fan operation. • Verify clean condensate pan. • Verify the operation of the condensate pump, if applicable. • Verify proper operation of the temperature control and fan control device. [14] 11-32 • Verify proper operation of the changeover valve, if applicable. [15] 11-33 Bidding And Payment The unit cost bid prices for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment to perform the necessary work. The Contract will be awarded based on the lowest bid amount. NOTE: Contractor shall submit Proposal Line Items via Line Items tab contained in PlanetBids in order to be considered for award. The following bid items included in the Proposal are as follows: BID ITEMS: Item No. 1 Quarterly Inspection: Work under this item shall include, but not be limited to, all labor, tools, and equipment to inspect and maintain the following systems per specifications in the scope of services on a quarterly basis approximately (3) quarters per year. (Annual inspection to take place at 4'h quarter): • Series R Chiller • Mechanical -Draft Cooling Tower • Pump Running Inspection • Air Handlers • Boilers • Return Fans • Liebert Split System • Exhaust Fans • Fan Coil Units • AIC Units Item No. 2 Annual Inspection: Work under this item shall include, but not be limited to, all labor, tools, and equipment to inspect and maintain the following systems per specifications in the scope of services for a comprehensive annual inspection (1) time per year: • Series R Chiller • Mechanical -Draft Cooling Tower • Pump Running Inspection • Air Handlers • Boilers • Return Fans • Liebert Split System • Exhaust Fans • Fan Coil Units • A/C Units • Refrigerant Monitor Maintenance & Calibration [16] 11-34 • Variable Frequency Drive Maintenance for applicable units Item No. 3 On -Call Hourly Rate: Work under this item shall include the hourly labor rate for any as -needed repair or maintenance work during regular business hours (lam — 3:30pm), outside of the quarterly and annual inspections. Item No. 4 On -Call After Hours Hourly Rate: Work under this item shall include the hourly labor rate for any as -needed repair or maintenance work outside of regular business hours (after 3:30pm and weekends), and outside of the quarterly and annual inspections. [ 17] 11-35 RFP N0. 21-15 Civic Center Chiller Maintenance and Repair Equipment List with Photos Issued with Addendum No. 4 1-11-2021 11-36 AHU-4 AHU-2 AHU-3 AHU-3 AHU-1 AHU-1 - y ; i SECOND FLOOR AHU-4 AHU-2 AHU-2 AHU-2 AHU-1 AHU-1 FIRST FLOOR --i LOWER LEVEL ID Tag Location Manufacturer Model AHU-R1 Library Alliance 4BN-17.7-AS-SX-PF-AS-EC-FF-PF-dX-SX-AS 1 of 4 11-38 ID Tag Location Manufacturer Model AHU-R1 Alliance 4BN-17.7-AS-SX-PF-AS-EC-FF-PP-DX-SX-AS Library 2 Of 4 11-39 ID Tag Location Model Manufacturer AHU- Alliance 4BN-177.7-AS-5X-PF-AS-EC-FF- R1 Library PF -DX -SX -AS 3of4 11-40 ID Tag Location Manufacturer Model AHU- Alliance 4BN-177.7-AS-SX-PF-AS-EC-FF- 4 of 4 RS Library PF -DX -SX -AS 11-41 a fir.. w 3'_ City Hall Basement Water Cooled Chiller CH -1 Rm 0022 Trane RTWD150F2B 2 Of 2 11-43 City Hall Basement Water Cooled Chiller CH -2 Rm 0022 Trane RTWD090 1 Of 2 F2 B 11-44 City Hall Basement Water Cooled Chiller RTWD090 Z Of Z CH -2 Rm 0022 Trane F213 11-45 City Hall Basement CHILLER ROOM OVERVIEW Rm 0022 2 of 2 11-46 City Hall Basement Air Handling Unit AHU-1 RM 0034 Alliance Iff 4VN-68,8-MB-FF-HW-CW-PF 1 of S w 11-47 City Hall Basement Air Handling Unit 2 Of 5 AHU-1 RM 0034 Alliance 4VN-68.8-MB-FF-HW-CW-PF 11-48 City Hall Basement Air Handling Unit 3 Of 5 AHU-1 RM 0034 Alliance 4VN-68.8-MB-FF-HW-CW-PF 11-49 Exhaust Fans — AHU-1 SF -1 Rm 0034 Greenheck SQ -100 -VG RF -1 Rm 0034 Alliance 4VN-AS-RF 4 of 5 ]T. 11-50 sur; vFsaoucrs 1192 E Pa mw8t OQ&272 Chale ita, CA 91913 Veit Tag � W'.1m. . - Serial No. — Jp6 No. Modet Maa.Ampare Rtlhng pr Supply Funas' Mm. Supply Cprl .dc A P.W, _ HP Wltago Ph— F.L.A. ❑ty. Supply Fn ■ Ratum Fon Wets We fou ■ Pwrnp ■ Fuln ,"tl. ■ Cuetrnl Tr _ . �o*MI4bc_ ria ', 1. _ Woman F... "I". l • ! — W=�_ City Hall Basement Exhaust Fans EF -6 Restroom Hall (Attic) Greenheck EF -7 Hall 0010 Greenheck EF -8 Hall 0030 Greenheck EF -12 Rm 0031 Greenheck SQ -95-D 1 Of 4 SQ -120-B SQ -95 -VG SQ -140 -B -X 11-52 Exhaust Fans EF -6 EF -7 EF -8 EF -12 City Hall Basement Restroom Hall (Attic) Hall 0010 Hall 0030 Rm 0031 Greenheck Greenheck Greenheck Greenheck SQ -95-D SQ -120-B SQ -95 -VG SQ -140 -B -X 2 of 4 11-53 Exhaust Fans EF -6 Restroom Hall (Attic) Greenheck EF -7 Hall 0010 Greenheck EF -8 Rall 0030 Greenheck EF -12 Rm 0031 Greenheck 5Q -95-D 5Q -120-B 5Q -95 -VG 5Q -1Q0 -B -X 3 of 4 11-54 Exhaust Fans EF -6 EF -7 EF -8 EF -12 Restroom Hall {Attic} Greenheck SQ -95-D Hall 0010 Greenheck SQ -120-8 Hall 0030 Greenheck SQ -95 -VG Rm 0031 Greenheck SQ -140 -B -X 4 of 4 11-55 Condensing Boiler B-1 Rm 0033 Raypak B-2 Rm 0033 Raypak XFYRE-H70850 XFYRE-H70850 1 Of 2 11-56 Condensing Boiler B-1 Rm 0033 B-2 Rm 0033 F Raypak Raypak i XFYRE-H70850 XFYRE-H70850 2 Of 2 11-57 Condensing Units (outdoor) CU -1 Basement Airway Mitsubishi OUTDQQR UNIT MODELPURY-P168TGM11-A ! UNIT SUPPLY .-. MAX VOLTAGE 253 -- -- :U:i .3 i�q MIN VOLTAGE.tigy APPROVED FOR HACK BREAKERS OR TIME DELAY FUSES MA.X.FUSE 7'i 60 AMPS MINLIRCUITAMPACITY 5ktis ykx�r. FAN MOTOR 1 FAN MOTOR 2 -- �.� rS w ♦4Y 14 I.l a GL�NIPRESaL�R 1 ?: 'Oaa2.23U��2D 120 M 7rn 2 t 5Q to 114 yi COMPRESSORS Dti. 3t1__.i 6tl _19.7r_tIB _..:s... REFRIGERANT R- 10,a FACTORY CHARGED kS&2s: 6L0BS PSS1IG SRES -GLHOz SIDE DESIGN PRESMPS '21MPaF T 01 TSON. $ 9 WO CI 1 U * S{JiTARLE FAR QUTD00F STALL SERIAL NO f%aiii 4- — �BS 4LPXTSUBt MjW ELS m Ar +tl ' RXYQ144 PATJ (RXYQ72 PATJx2) 1of3 1087425 11-58 Condensing Units (outdoor) CU -1 Basement Airway Mitsubishi RXYQ144PATJ(RXY072PATJx2) ter; i 2of3 11-59 Condensing Units (outdoor) CU -1 Basement Airway Mitsubishi RXYQ144PATJ(RXYQ72PATJx2) 3of3 11-60 Spilt System AC Unit (Indoor) AC 3-5 located inside ceiling attic AC -1 Rm 0002 Mitsubishi PEFY-P35NMAU-E AC -2 Rm 0002 Mitsubishi PEFY-P30NMAU-E 1 of 9 AC -3 Rm 0005 Mitsu PEFY-P07NMAU-E AC -4 Rm 0004 Mitsu PEFY-P18NMAU-E AC -5 Rm0003 Mitsu PEFY-P07NMAU-E AC -6 Rm 0026 Mitsu PEFY-P48NMAU-E AC -7 Rm 0023 Mitsu PKFY-P24NKMU-E r— r 11-61 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Rm 0004 Rm0003 Rm 0026 Rm 0023 PEFY-P36NMAU-E PEFY-P30NMAU-E Mitsu PEFY-P07NMAU-E Mitsu PEFY-P18NMAU-E Mitsu PEFY-P07NMAU-E Mitsu PEFY-P48NMAU-E Mitsu PKFY-P24NKMU-E 2of9 i ROX IM taBE Ito' &I *30m f;w, 11-62 Spilt System AC Unit (indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsu Rm 0004 Mitsu Rm0003 Mitsu Rm 0026 Mitsu Rm 0023 Mitsu PEFY-P36NMAU-E PEFY-P30NMAU-E PEFY-P07NMAU-E PEFY-P18NMAU-E PEFY-P07NMAU-E PEFY-P48NMAU-E PKFY-P24NKMU-E 3 of 9 11-63 Spilt 5ystem AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsubishi Rm 0004 Mitsubishi Rm0003 Mitsubishi Rm 0026 Mitsubishi Rm 0023 Mitsubishi PEFY-P36N MAU-E PEFY-P30N MAU-E PEFY-P07N MAU-E PEFY-P1.8N MAU-E PEFY-P07N MAU-E PEFY-P48N MAU-E PKFY-P24NKMU-E 4 of 9 11-64 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsubishi Rm 0004 Mitsubishi Rm0003 Mitsubishi Rm 0026 Mitsubishi Rm 0023 Mitsubishi PEFY-P36NMAU-E PEFY-P30NMAU-€ PEFY-P07NMAU-E PEFY-P1$NMAU-E PEFY-P07NMAU-E PEFY-P48NMAU-E PKFY-P24NKMU-E 5of9 11-65 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsubishi Rm 0004 Mitsubishi Rm0003 Mitsubishi Rm 0026 Mitsubishi Rm 0023 Mitsubishi PEFY-P36NMAU-E PEFY-P30NMAU-E PEFY-P07NMAU-E PEFY-P18NMAU-E PEFY-P07 N MA U -E PEFY-P48NMAU-E PKFY-P24NKMU-E 6of9 11-66 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3.5 located ins{de ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsubishi Rm 0004 Mitsubishi Rm0003 Mitsubishi Rm 0026 Mitsubishi Rm 0023 Mitsubishi PEFY-P36NMAU-E PEFY-P30NMAU-E PEFY-P07NMAU-E PEFY-P18NMAU-E PEFY-P07NMAU-E PEFY-P48NMAU-E PKFY-P24NKMU-E 7of9 11-67 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 ACA AC -5 AC -6 AC -7 AC 3-5 located inside ceiling attic Rm 0002 Mitsubishi Rm 0002 Mitsubishi Rm 0005 Mitsubishi Rm 0004 Mitsubishi Rm0003 Mitsubishi Rm 0026 Mitsubishi Rm 0023 Mitsubishi PEFY-P36NMAU-E PEFY-P30NMAU-E PEFY-P07NMAU-E PEFY-P18NMAU-E PEFY-P07NMAU-E PEFY-P48N MAU-E PKFY-P24NKMU-E 11-68 Spilt System AC Unit (Indoor) AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 AC 3-S located inside ceiling antic Rm 0002 Mitsubishi PEFY-P36NMAU-E Rm 0002 Mitsubishi PEFY-P30NMAU-E Rm 0005 Mitsubishi PEFY-P07NMAU-E Rm 0004 Mitsubishi PEFY-P18NMAU-E Rm0003 Mitsubishi PEFY-P07NMAU-E Rm 0026 Mitsubishi PEFY-P48NMAU-E Rm 0023 Mitsubishi PKFY-P24NKMU-E 9 of 9 11-69 Hydronic Pumps P-1 Rm 0022 B & G 1510-2-1/2BB P-2 Rm 0022 B & G 1510-2-1/2BB P-5 Rm 0033 B & G 1510-1-1/4BC P-6 Rm 0033 B & G 1510-1-1/4BC 1 of 4 11-70 Hydronic Pumps P-1 Rm 0022 B & G 1510-2-1/2B8 P-2 Rm 0022 B& G 1510-2-1/2BB 2 Of 4 P-5 Rm 0033 B & G 1510-1-1/4BC P-6 Rm 0033 B & G 1510-1-1/4BC 11-71 Hydronic Pumps P-1 Rm 0022 B & G 1510-2-1/2BB P-2 Rm 0022 B & G 1510-2-1/2BB P-5 Rm 0033 B & G 1510-1-1/4BC P-6 Rm 0033 B & G 1510-1-1/4BC 3of4 11-72 Hydronic Pumps P-1 Rm 0022 B & G 1510-2-1/2BB P-2 Rm 0022 B & G 1510-2-1/266 P-5 Rm 0033 B & G 1510-1-1/4BC P-6 Rm 0033 B & G 1510-1-1/4BC 4 of 4 11-73 Expansion Tanks ET -1 Rm 0033 ET -2 Rm 0022 B& G D60V I of 1 B & G D260V 11-74 Heat Recovery Ventilation HRV-1 Hall 0010 Mitsubishi LGH-F1200RX3-3 1 Of 2 11-75 Heat Recovery Ventilation HRV-1 Hall 0010 Mitsubishi LGH-F1200RX3-3 2 Of Z 11-76 Air Separator AS -1 Rm 0033 Rolairtrol AS -2 Rm-0022 Rolairtrol R-6 R-6 1 of 2 11-77 Air Separator AS -1 Rm 0033 Rolairtrol AS -2 Rm-0022 Rolairtrol R-6 R-6 2 of 2 11-78 LEVEL 1&2 BAY DIE Split System AC Units (Indoor) AC -08 Rm 1053 Mitsubishi Electric AC -10 Rm 1054 Mitsubishi Electric AC -12A Rm 1052 Liebert AC -12B Rm 1052 Liebert AC -13 Rm 2053 Mitsubishi Electric AC -TM Rm 2155 Mitsubishi Electric PEAR-A18AA MSY-D36NA 1 of 6 BF067A BF067A MSY-D36NA 11-79 LEVEL 1&2 BAY DIE Split System AC Units (Indoor) AC -08 Rm 1053 AC -10 Rm 1054 AC -12A Rm 1052 AC -12B Rm 1052 AC -13 Rm 2053 AC -TM Rm 2155 Mitsubishi Electric Mitsubishi Electric Liebert Liebert Mitsubishi Electric Mitsubishi Electric PEAD-A18AA MSY-D36NA BF067A BF067A MSY-D36NA 2of6 11-80 LEVEL 1&2 BAY D/E Split System AC Units (Indoor) AC -08 Rm 1053 AC -10 Rm 1054 AC -12A Rm 1052 AC -1213 Rm 1052 AC -13 Rm 2053 AC -TM Rm 2155 Mitsubishi Electric Mitsubishi Electric Liebert Liebert Mitsubishi Electric Mitsubishi Electric PEAD-A18AA MSY-D36NA B F067A BF067A MSY-D36NA 3 of 6 11-81 LEVEL 1&2 BAY DIE Split System AC Units (Indoor) AC -08 Rm 1053 AC -10 Rm 1054 AC -12A Rm 1052 AC -12B Rm 1052 AC -13 Rm 2053 AC -TM Rm 2155 Mitsubishi Electric Mitsubishi Electric Liebert Liebert Mitsubishi Electric Mitsubishi Electric PEAD-A18AA MSY-D36NA BF067A 6F067A MSY-D36NA 4 of 6 11-82 LEVEL 1&2 BAY DIE Split System AC Units (indoor) AC -08 Rm 1053 AC -10 Rm 1054 AC -12A Rm 1052 AC -12B Rm 1052 AC -13 Rm 2053 AC -TM Rm 2155 Mitsubishi Electric Mitsubishi Electric Liebert Liebert Mitsubishi Electric Mitsubishi Electric PEAD-A18AA M5Y-D36NA BF067A BF067A MSY-D36NA 5 of 6 11-83 LEVEL 1&2 BAY Split System AC Units (Indoor) AC -08 Rm 2053 AC -10 Rm 1054 AC -12A Rm 1052 AC -12B Rm 1052 AC -13 Rm 2053 AC -TM Rm 2155 Mitsubishi Electric Mitsubishi Electric Lieber# Liebert Mitsubishi Electric Mitsubishi Electric PEA D-A18AA M5Y-D36NA BF067A BF067A M5Y-D36NA •.k 6 of 6 11-84 LEVEL 1&2 BAY D/E VAV/N Terminal Units (Under Floor) UFT -1 Rm 1016 UFT -2 Rm 2018 UFT -3 Rm 2008 Price FDBU - 60 Price FDBU - 30 Price FDBU - 20 PHOTOS NOT AVAILABLE (UNDER FLOOR) 1 of 1 11-85 LEVEL 1&2 Bay D/E Perimeter Terminal Unit Heater(underfloor) PTU -1 Level 1 Bay A-E Price LFGH-RC Custom PTU -2 Level 2 Bay A-E Price LFGH-RC Custom PHOTOS NOT AVAILABLE (UNDER FLOOR) XofX 11-86 Rooftop Bay ©IE Exhaust Fans EF -1 Rooftop Greenheck EF -9 Rooftop Greenheck 115 G-143-VG 1 Of 3 5Q -120-A 7rM lk- 11-87 Exhaust Fans EF -1 EF -9 Rooftop Bay D/E Rooftop Greenheck G -143 -VG 2 of 3 Rooftop Greenheck 5Q -120-A 11-88 Rooftop Bay DIE Exhaust Fans EF -1 Rooftop Greenheck G -143 -VG 3 of 3 EF -9 Rooftop Greenheck 5Q -120-A 11-89 Rooftop Bay D/E Condensing Units CU -08 Rooftop Mitsubishi CU -10 Rooftop Mitsubishi CU -12A Rooftop Bay E Liebert CU -12B Rooftop Bay E Liebert CU -13 Rooftop Mitsubishi PUY-A24NHA4 i Of 3 PUY-A24NHA4 TCSV104-A TCSV104-A PUY-Al2NHA4 11-90 Rooftop Bay D/E Condensing Units CU -08 Rooftop Mitsubishi CU -10 Rooftop Mitsubishi CU -12A Rooftop Bay E Liebert CU -12B Rooftop Bay E Liebert CU -13 Rooftop Mitsubishi PUY-A24NHA4 2 of 3 PUY-A24NHA4 TCSV104-A TCSV104-A PUY-Al2NHA4 11-91 Rooftop BaV DIE Condensing Units CU -08 Rooftop Mitsubishi PUY-A24NHA4 CU -10 Rooftop Mitsubishi PUY-A24NHA4 CU -12A Rooftop Bay E Liebert TCSVI04-A CU -12B Rooftop Bay E Liebert TCSV104-A CU -13 Rooftop Mitsubishi PITY-A32NHA4 3of3 11-92 Air Handling Units AHU-2 AHU-3 LEVEL 1&2 BAY B/C Rm 1252 Rm 2252 Alliance Alliance 4VN-54 MB -FF -HW -CIN -PF 4VN-32.1 MB -FF -HW -CW -PF 1 of 6 t f I f 11-93 Air Handling Units AHU-2 AHU-3 LEVEL M2 BAY B/C Rm 1252 Alliance 4VN-54 MB -FF -HW -CW -PF 2 of 5 Rm 2252 Alliance 4VN-32.1 MB -FF -HW -CW -PF 11-94 LEVEL 1&2 BAY B/C Air Handling Units AHU-Z Rm 1252 Alliance AHU-3 Rm 2252 Alliance 4VN-54 MB -FF -HW -CW -PF 3 of 6 4VN-32.1 MB -FF -HW -CW -PF 11-95 Air Handling Units AH U-2 AHU-3 LEVEL 1&2 BAY B/C Rm 1252 Alliance 4VN-54 MB -FF -HW -CW -PF 4 Of 6 Rm 2252 Alliance 4VN-32.1 MB -FF -HW -CW -PF 11-96 LEVEL 1&2 BAY B/C Air Handling Units AH U-2 Rm 1252 Alliance AHU-3 Rm 2252 Alliance 4VN-54 MB -FF -HW -CW -PF 5 Of 6 4VN-32.1 MB -FF -HW -CW -PF 11-97 LEVEL 1&2 BAY B/C Air Handling Units AHU-2 Rm 1252 Alliance AHU-3 Rm 2252 Alliance 4VN-54 MB -FF -HW -CW -PF 5 Of 6 4VN-32.1 MB -FF -HW -CW -PF 11-98 LEVEL 1&2 BAY B/C Split System AC Unit (indoor) AC -9 Rm 1254 AC -11 Rm 1253 AC -14 Rm 2253 Mitsubishi Electric PEA-Al2AA4 1 Of 2 Mitsubishi Electric MSY-D36NA Mitsubishi Electric PKA-A24KA4 11-99 LEVEL 1&2 BAY B/C Split System AC Unit (indoor) AC -9 Rm 1254 AC -11 Rm 1253 AC -14 Rm 2253 SPLMSYS7.19M HE4T P.WP G+ Mitsubishi Electric PEA-Al2AA4 Mitsubishi Electric M5Y-a36NA Mitsubishi Electric PKA-A24KA4 K� PKA•A,Y4 W — rc�rtx I r. w.v i�WP� wi waw y +oAn •. ; ...om xx,.m rm. cr ne cw rta w, n� . +,w rax •warr _ •ro.ue .oma as��ga .��+ i 2of2 11-100 1of5 11-101 LEVEL 1$c2 BAY B/C Exhaust Fans EF -2 Rooftop A/B Greenheck G -143 -VG EF -15 Rooftop A16 Greenheck GB -180 RF -2 Rm 1252 Greenheck QEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X 1of5 11-101 2of5 11-102 LEVEL 1&2 BAY B/C Exhaust Fans EF -2 Rooftop A/B Greenheck G -143 -VG EF -15 Rooftop A/B Greenheck GB -180 RF -2 Rm 1252 Greenheck QEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X 2of5 11-102 3 of 5 11-103 LEVEL 1&2 BAY B/C Exhaust Fans EF -2 RooftopA/B Greenheck G -143 -VG EF -15 Rooftop A/B Greenheck GB -180 RF -2 Rm 1252 Greenheck QEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X 3 of 5 11-103 4of5 11-104 LEVEL M2 BAY BIC Exhaust Fans EF -2 Rooftop A/B Greenheck G -143 -VG EF -15 Rooftop A/B Greenheck GB -180 RF -2 Rm 1252 Greenheck CEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X 4of5 11-104 5of5 11-105 LEVEL 1&2 BAY B/C Exhaust Fans EF -2 Rooftop A/B Greenheck G -143 -VG EF -15 Rooftop A/B Greenheck GB -180 RF -2 Rm 1252 Greenheck QEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X 5of5 11-105 Condensing units (outside) CU -TM CU -09 CU -11 CU -14 LEVEL 1&2 BAY B/C Inside Mech Rm 2252 Rm 2252 Rooftop Bay B Rm 2252 Rooftop Bay B Rm 2252 Rooftop Bay B Mitsubishi Electric Mitsubishi Electric Mitsubishi Electric Mitsubishi Electric PUY-A24NHA4 PUY-Al2NHA4 MUY-D36NA PUY-A24NHA4 1of4 11-106 Condensing units (outside) CU -TM CU -09 CU -11 CU -14 LEVEL 1&2 BAY Inside Mech Rm 2252 Mitsubishi Electric Rm 2252 Rooftop Bay B Mitsubishi Electric Rm 2252 Rooftop Bay B Mitsubishi Electric Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-A24NHA4 2 of 4 PUY-Al2NHA4 MUY-D36NA PUY-A24NHA4 11-107 AF' 11-107 11-108 LEVEL 1&2 BAY B/C Condensing units (outside) CU -TM Inside Mech Rm 2252 Mitsubishi Electric PUY-A24NHA4 3 of 4 CU -09 Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-Al2NHA4 CU -11 Rm 2252 Rooftop Bay B Mitsubishi Electric MUY-D36NA CU -14 Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-A24NHA4 11-108 Condensing units (outside) CU -TM CU -09 CU -11 CU -14 LEVEL 1&2 BAY Inside Mech Rm 2252 Rm 2252 Rooftop Bay B Rm 2252 Rooftop Bay B Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-A24NHA4 4 of 4 Mitsubishi Electric PUY-Al2NHA4 Mitsubishi Electric MUY-D36NA Mitsubishi Electric PUY-A24NHA4 B410A 11-109 Community Room 1 of 3 AHU-4 Rm 2503 Alliance 4VN-16-MB-FF-HW-CW-PF 11-110 AHU-4 Community Room 2 Of 3 Rm 2503 Alliance 4VN-16-MB-FF-HW-CW-PF AHU-4 Community Room Rm 2503 Alliance 4VN-16-MB-FF-HW-CW-PF 3 of 3 owl, Community Room Split System AC Units (indoor) AC -15 Rm 1506 AC -16 Rm 2502 Mitsubishi Electric Mitsubishi Electric _" M PKA-A18HA4 PEA--Al2AA4 1of2 f'hA .lf5'�1J . 11-113 Community Room Split System AC Units (indoor) AC -15 Rm 1506 Mitsubishi Electric PKA-A18HA4 AC -16 Rm 2502 Mitsubishi Electric PEA—Al2AA4 INDOORUNr rrn� cWna fL111�: 11-112 E 2 IMI KX7AQ At RW AwSTW WAY Ftgu uw w MPaCrr ;y Fm mOMR � ; ' j.. ;� fxr a+�ol aESM PREW�3 a 19iPaWjPG4G isjE z'1UP& �rUZ A .-^���-�mrnc` �=:x +c �]-00098 1 0f 2 11-114 Community Room Condensing Units (outdoor) CU -15 Rooftop Rm2503 CU -16 Rooftop Rm2503 Mitsubishi Electric Mitsubishi Electric PUR-A18NHA3-BS 1 of 1 PUR-A18NHA3-BS �i --gin; 11-115 Community Room Exhaust Fans EF -4 Rm 2503 RF -4 RM 2503 EF -5 Rooftop Greenheck SQ -120-A 1 Of 3 Alliance 4VN-AS-PF Greenheck SQ -95-D 11-116 Exhaust Fans FF -4 RF -4 EF -5 Community Room Rm 2503 Greenheck 5Q -120-A 2 Of 3 RM 2503 Alliance 4VN-AS-PF Rooftop Greenheck SQ -95-D 11-117 Community Room Exhaust Fans EF -4 Rm 2503 RF -4 RM 2503 EF -5 Rooftop Greenheck SQ -120-A 3 of 3 Alliance 4VN-AS-PF Greenheck SQ -95-D PHOTO NOT AVAILABLE 11-118 Community Room Pumps Schedule P-7 Radiant Floor Rm 2503 B&G NRF -22 P-8 Radiant Floor Rm 2503 B&G NRF -22 P-9 Radiant Floor Rm 2503 B&G NRF -22 P-10 Radiant Floor Rm 2503 B&G NRF -22 1of1 11-119 Community Roam Radiant Heat Exchanger 1 of 1 HE -1 Rm 2503 Alfa Laval CB52-20H HE -2 Rm 2503 Alfa Laval CB27-10L 11-120 Community Room Expansion Tanks ET -4 Rm 2503 B&G D60 1 O Z 11-121 Council Chamber Air Handling Unit 1 of 1 AHU-5 Rm 1602 Alliance 4VN-20-MB-FF-HW-CW-PF 11-122 Exhaust Fans EF -13 EF -14 SF -2 RF -5 Council Chamber Rm 1602 Greenheck SQ -1400 Rm 1602 Greenheck GB -180 Rm 1602 Greenheck SQ -140B Rm1602 Alliance 4VN-AS-PI 1of4 11-123 2of4 11-124 Council Chamber Exhaust Fans EF -13 Rm 1602 Greenheck SQ -140C EF -14 Rm 1602 Greenheck GB -1$0 SF -2 Rm 1602 Greenheck SQ -1408 RF -5 Rm1602 Alliance 4VN-AS-PI 2of4 11-124 Exhaust Fans EF -13 EF -14 SF -2 RF -S Council Chamber Rm 1602 Greenheck SQ -140C Rm 1602 Greenheck GB -180 Rm 1602 Greenheck SQ -140B Rm1602 Alliance 4VN-AS-PI 3 of 4 11-125 11-126 Council Chamber Exhaust Fans EF -13 Rm 1602 Greenheck SQ -140C 4 of 4 EF -14 Rm 1602 Greenheck GB -180 SF -2 Rm 1602 Greenheck SQ -140B RF -5 Rm1602 Alliance 4VN-AS-PI 11-126 Council Chambers Condensing Units 1 of 2 CU -17 Rm 1602 Mitsubishi Electric PUY-A18NHA3 CU -18 Rm 1602 Liebert BO-224A-A2LS902 11-127 Condensing Units CU -17 WAS Council Chambers Rm 1602 Rm 1602 Mitsubishi Electric PUY-A18NHA3 Liebert BO-224A-A2L5902 2 of 2 11-128 Council Chambers Split System AC knits (indoor) AC -17 Rm 1608 Mitsubishi Electric PEA-Al2AA AC -18 Rm 1602 Liebert BF042AD 1of3 11-129 Council Chambers Split System AC Units (indoor) 2 of 3 AC -17 Rm 2608 Mitsubishi Electric PEA-Al2AA AC -18 Rm 1602 Liebert BF042AD 11-130 Council Chambers Split System AC Units (indoor) AC -17 Rm 1608 Mitsubishi Electric PEA-Al2AA AC -18 Rm 1602 Liebert BF042AD 3of3 11-131 CT -1 SSF-1 Cooling Tower BAC 15177 1 of 4 Lakos BC150 11-132 Cooling Tower BAC 15177 Lakos B0150 S 2 of 4 Cooling Tower CT -1 BAC 15177 3 of 4 55F-1 Lakos 60150 11-134 Cooling Tower CT -1 SS F-1 BAC 15177 4 of 4 Lakos B0150 11-135 Hydronic Pumps P-03 P-04 Cooling Tower r c B&G Size 1510 1 Of 1 B&G Size 1510 11-136 HVAC Equipment List Newport Beach Civic Center City Hall, Community Room & Council Chambers REV 1-08-2021 ID Tag Location Manufacturer I Model AHU-R1 Library Alliance 4BN-17.7-AS-SX-PF-AS-EC-FF-PF-DX-SX-AS Con -R1 Library Aaon CFA-018-C-A-3-DJOEL City Hall Basement Water Cooled Chiller CH -1 Rm 0022 Trane RTWD1501`213 CH -2 Rm 0022 Trane RTWD090F213 Air Handling Unit AHU-1 RM 0034 Alliance 4VN-68.8-MB-FF-HW-CW-PF Exhust Fans EF -6 EF -7 EF -8 EF -12 SF -1 RF -1 Restroom Hall (Attic) Hall 0010 Hall 0030 Rm 0031 Rm 0034 Rm 0034 Greenheck Greenheck Greenheck Greenheck Greenheck Alliance SQ -95-D SQ -120-B SQ -95 -VG SQ -140 -B -X SQ -100 -VG 4VN-AS-RF Condensing Boiler B-1 B-2 Rm 0033 Rm 0033 Raypak Raypak XFYRE-H70850 XFYRE-H70850 Condensing Units (outdoor) CU -1 Basement Airway Mitsubishi RXYQ144PATJ(RXYQ72PATJx2) Spilt System AC Unit (Indoor) AC 3-5 locate inside ceiling attic AC -1 AC -2 AC -3 AC -4 AC -5 AC -6 AC -7 Rm 0002 Rm 0002 Rm 0005 Rm 0004 Rm0003 Rm 0026 Rm 0023 Mitsubishi Mitsubishi Mitsu Mitsu Mitsu Mitsu Mitsu PEFY-P36NMAU-E PEFY-P30NMAU-E PEFY-P07NMAU-E PEFY-P18NMAU-E PEFY-P07NMAU-E PEFY-P48NMAU-E PKFY-P24NKMU-E Hydronic Pumps P-1 P-2 P-5 P-6 Rm 0022 Rm 0022 Rm 0033 Rm 0033 B & G B & G B & G B & G 1510-2-1/2136 1510-2-1/2BB 1510-1-1/46C 1510-1-1/413C Expansion Tanks ET -1 ET -2 Rm 0033 Rm 0022 B & G B & G D60V D260V Heat Recovery Ventilation HRV-1 Hall 0010 Mitsubishi LGH-F1200RX3-3 Air Seperator AS -1 Rm 0033 Rolairtrol R-6 AS -2 Rm-0022 Rolairtro) R-6 11-137 ID Tag Location Manufacturer Model LEVEL 1&2 BAY D/E Split System AC Units (Indoor) AC -08 Rm 1053 Mitsubishi Electric PEAD-A18AA AC -10 Rm 1054 Mitsubishi Electric MSY-D36NA AC -12A Rm 1052 Liebert BF067A AC -12B Rm 1052 Liebert BF067A AC -13 Rm 2053 Mitsubishi Electric MSY-D36NA AC -TM Rm 2155 Mitsubishi Electric VAV/CV Terminal Units (Under Floor) No Photo N/A UFT -1 Rm 1016 Price FDBU - 60 UFT -2 Rm 2018 Price FDBU - 30 UFT -3 Rm 2008 Price FDBU - 20 Perimeter Terminal Unit Heater (underfloor) N/A No Photo PTU -1 Level 1 Bay A-E Price LFGH-RC Custom PTU -2 Level 2 Bay A-E Price LFGH-RC Custom Rooftop Bay D/E Exhaust Fans EF -1 Rooftop Greenheck G -143 -VG EF -9 Rooftop Greenheck SQ -120-A Condensing Units CU -08 Rooftop Mitsubishi PUY-A24NHA4 CU -10 Rooftop Mitsubishi PUY-A24NHA4 CU -12A Rooftop Bay E Liebert TCSV104-A CU -12B Rooftop Bay E Liebert TCSV104-A CU -13 Rooftop Mitsubishi PUY-Al2NHA4 LEVEL 1&2 BAY B/C Air Handling Units AHU-2 Rm 1252 Alliance 4VN-54 MB -FF -HW -CW -PF AHU-3 Rm 2252 Alliance 4VN-32.1 MB -FF -HW -CW -PF Split System AC Unit (indoor) AC -9 Rm 1254 Mitsubishi Electric PEA-Al2AA4 AC -11 Rm 1253 Mitsubishi Electric MSY-D36NA AC -14 Rm 2253 Mitsubishi Electric PKA-A24KA4 Exhaust Fans EF -2 Rooftop A/B Greenheck G -143 -VG EF -15 Rooftop A/B Greenheck GB -180 RF -2 Rm 1252 Greenheck QEI 40-1-50-X RF -3 Rm 2252 Greenheck QEI 30-1-30-X Condensing units (outside) CU -TM Inside Meeh Rm 2252 Mitsubishi Electric PUY-A24NHA4 CU -09 Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-Al2NHA4 CU -11 Rm 2252 Rooftop Bay B Mitsubishi Electric MUY-D36NA CU -14 Rm 2252 Rooftop Bay B Mitsubishi Electric PUY-A24NHA4 ID Tag ILocation IManufacturer IModel 11-138 Community Room AHU-4 Rm 2503 Alliance 4VN-16-MB-FF-HW-CW-PF Split System AC Units (indoor) AC-15 AC-16 Rm 1506 Rm 2502 Mitsubishi Electric Mitsubishi Electric PKA-A18HA4 PEA--Al2AA4 Condensing Units (outdoor) CU-15 CU-16 Rooftop Rm2503 Rooftop Rm2503 Mitsubishi Electric PUR-A18NHA3-BS Mitsubishi Electric PUR-A18NHA3-BS Exhaust Fans EF-4 RF-4 EF-5 N/A No photo Rm 2503 RM 2503 Rooftop Greenheck Alliance Greenheck SQ-120-A 4VN-AS-PF SQ-95-D Pumps Schedule P-7 Radiant Floor P-8 Radiant Floor P-9 Radiant Floor P-10 Radiant Floor Rm 2503 Rm 2503 Rm 2503 Rm 2503 B&G B&G B&G B&G NRF-22 NRF-22 NRF-22 NRF-22 Radiant Heat Exchanger HE-1 HE-2 Rm 2503 Rm 2503 Alfa Laval Alfa Laval CB52-20H C627-10L Expansion Tanks ET-4 Rm 2503 B&G D60 Council Chamber Air Handling Unit AHU-5 Rm 1602 Alliance 4VN-20-MB-FF-HW-CW-PF Exhaust Fans EF-13 EF-14 SF-2 RF-5 Rm 1602 Rm 1602 Rm 1602 Rm 1602 Greenheck Greenheck Greenheck Alliance SQ-140C GB-180 SQ-140B 4VN-AS-PI Condensing Units CU-17 CU-18 Rm 1602 Mitsubishi Electric PUY-A18NHA3 Rm 1602 Liebert BO-224A-A2LS902 Split System AC Units (indoor) AC-17 AC-18 Rm 1608 Mitsubishi Electric Rm 1602 Liebert PEA-Al2AA BF042AD Cooling Tower CT-1 SSF-1 BAC Lakos 15177 80150 Hypdronic Pumps P-03 P-04 B&G B&G Size 1510 Size 1510 11-139 EXHIBIT B SCHEDULE OF BILLING RATES COMPLETED WORK AND INVOICING DETAILS • The unit cost prices for each fixed cost item of work shown on the Billing Rates shall include full compensation for furnishing the labor, materials, tools, and equipment to perform the necessary inspection work. • No additional or extra fees shall be charged outside of the rates shown in this Exhibit for fixed cost items. No additional or extra fees shall be ENVISE Page B-1 11-140 FIXED MAINTENANCE ITEM DESCRIPTION QUANTITY UNIT AMOUNT 1 Series R Chiller Quarterly Inspection 3 Quarterly $512.20 $1,536.60 2 Series R Chiller Annual Inspection 1 Annual $6,829.27 $6,829.27 3 Mechanical -Draft Cooling Tower Quarterly Inspection 3 Quarterly $128.05 $384.15 4 Mechanical -Draft Cooling Tower Annual Inspection 1 Annual $817.07 $817.07 5 Pump Running Quarterly Inspection 3 Quarterly $320.12 $960.36 6 Pump Running Annual Inspection 1 Annual $640.24 $640.24 7 Air Handlers Quarterly Inspection 3 Quarterly $890.24 $2,670.72 8 Air Handlers Annual Inspection 1 Annual $2,304.88 $2,304.88 9 Boilers Quarterly Inspection 3 Quarterly $207.32 $621.96 10 Boilers Annual Inspection 1 Annual $1,024.39 $1,024.39 11 Return Fans Quarterly Inspection 3 Quarterly $298.35 $895.05 12 Return Fans Annual Inspection 1 Annual $295.79 $295.79 13 Liebert Split System Quarterly Inspection 3 Quarterly $192.07 $576.21 14 Liebert Split System Annual Inspection 1 Annual $384.15 $384.15 15 Exhaust Fans Quarterly Inspection 3 Quarterly $256.10 $768.30 16 Exhaust Fans Annual Inspection 1 Annual $512.20 $512.20 17 Fan Coil Units Quarterly Inspection 3 Quarterly $577.00 $1,731.00 18 Fan Coil Units Annual Inspection 1 Annual $1,165.50 $1,165.50 19 AIC Units Quarterly Inspection 3 Quarterly $577.00 $1,731.00- 20 AIC Units Annual Inspection 1 Annual $1,165.50 $1,165.50 21 Refrigerant Monitor Maintenance & Calibration Annual Inspection 1 Annual $323.17 $323.17 22 Variable Frequency Drive Annual Maintenance 1 Annual ANNUALTOTAL $640.24 $640.24 $27,977.75 COMPLETED WORK AND INVOICING DETAILS • The unit cost prices for each fixed cost item of work shown on the Billing Rates shall include full compensation for furnishing the labor, materials, tools, and equipment to perform the necessary inspection work. • No additional or extra fees shall be charged outside of the rates shown in this Exhibit for fixed cost items. No additional or extra fees shall be ENVISE Page B-1 11-140 charged for any on-call/as-needed services, unless otherwise approved in advance by City. • Contractor invoices for on-call services shall detail cost broken down by laborer hours and title, equipment hours, and material quantities. City shall reserve the right to validate quality, quantities effort of work performed prior to approval and payment of invoices. • Reimbursement for any and all parts shall require receipts upon request, including, but not limited to, filters, hoses, etc. If receipts are requested, City shall not consider reimbursement for materials charged to City without the provision of such receipts or any other documentation that would otherwise provide proof of material cost. • Materials markup: Cost plus Max 15% ENVISE Page B-2 11-141 EXHIBIT C BID SUBMITTAL DOCUMENTS ENVISE Page C-1 11-142 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 3rd day of November, 2020, at which time such bids shall be opened and read for CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFR 21-15 $250,000 Engineer's Estimate f' James M. Houlihan Deputy PWD/City Engineer fp. ic 0 Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Contractor License Classifications) required for this project: "C-20" For further information, call Kyle Brodowski, Project Manager at (949) 644-3464 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.govlgovernment/open-transparent/online-services/bids-rfps- vendor-registration 11-143 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 11-144 Bids are to be computed upon the estimated quantities indicated in the PROPOSAL_ multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code -- including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 11-145 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement, B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1005262 13, C20, C36, C4,C16,C10 Contractor's License No. & Classification 1000030376; 6/30/2022 DIR Registration Number & Expiration Date Envise Bidder 5 V��Z7, xecutive Vice President ,Auth6rized 3ignaturerritle 1/19/2021 Date 11-146 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent Total Amount Bld Dollars ($ -10% Total AmoLin1 Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Civic Center Chiller Maintenance and Repair, RFB 21-15 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the dale of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 29th day of October 2020 ENVISE Name of Contractor (Principal) FEDERAL INSURANCE COMPANY Name of Surety 2028 Hall's MITI Road, Whitehouse Station NJ 08889 Address of Surety 213.$12.5753 Telephone CFO/Treasurar Authorized Signa itle �D_ Authorized Agent Signature Donna Garcia, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 11-147 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifles. only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On November 2, 2020 Date before me, Chrystal Palacios, Notary Public Mere Insert Name and Title of the Officer personally appeared Tony Wang Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CHRYSTAL PALACICS COMM. #2240743 �t i Nolary Public - Calitomle O Orange County Comm. Ex iter 30.2110 Place Notary Sect and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0"aw), Sign ture of No"q tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: October 29, 2020 .._ _NumberofPages: Signer(s) Other Than Named Above: NIA Capacity(ies) Claimed by Signer(s) Signer's Name: Tony Wanq to Corporate Officer -- Tltle(s): CFO 1 Treasurer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Envise 02019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing 11-148 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer I Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. 11-149 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1 ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature E:1 (seal) 11-150 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, _ Mcghan Hanes, Notary Public, personally appeared onna arcta who proved to me on the basis of satisfactory evidence to be the person(s) whose named) islate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 49/her/the4 authorized capacity(ie&), and that by-hi-s/her/theme signatures) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MEGHAN HANES COMM, #2280722 z 4e& -' PJotary Public - California Los Angeles County — Pty Comm Excsres Alar. 12.2923 Signatur an Hanes Signature of Notary Public 11-151 C F -I U B B Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, iltat FEDERAL INSURANCE COMPANY, an Indiana corporailon. VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY. a Wisconsin corporation. WESTCIIESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Cotnnionwealdi of Pennsylvania, do each hereby constitute and appoint Rosa E. Rivas of Irvine, California; Bernadette Aleman, Tracy Aston, Lisa Crail, Samantha Fazzini, Donna Garcia, Simone Gerhard, April Martinez, Edward C. Spector, Marina Tapia and KD Wapato of Los Angeles, California; Celeste Austria, Thomas Branigan, Catherine A. Rueter, Paul Rodriguez, Nathan Varnold and William F. Ward of San Francisco, California ----------- each as their true and lawful Attorney -in -pact to execute under such designation In Ihcir names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise, bonds and undertakings and other wrilings obligatory in the nature thereof (other than bail bonds) 64ven or executed in the course of business, and any Instruments amending or altering the same. and consents to tine modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDILMNLTY COMPANY, WMCHESTER FIRE INSURANCE COMPANY arrd ACE AMERICAN INSURANCE COMPANY have each executed and auested these presents and affixed their corporate seals on this 191 day of December, 2019. 5"Jt �p ,A k I bval ]t. Chk4'(r;, Ac,ggattl SLvrunly STATE OF NEW JERSEY County of Hunterdon ss. tilcphcii ]I I hlncp. Vice Prc�idcnt On this 1911' day ofDecember, 2019, before nie, a Notary Public of Newjcrscy-, personally came Dann tet Chloros and Stephen A1. Haney, tome known lobe Assistant Secretaryand Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE COMPANY and ACL AIERiCAN INSURANCE COMPANY, the companies which executed the forer,oing Parser of Aucimey, and the said Dawn M. Chloros and Stephen At. Haney. being by me duly swum, severally ;rad each For iterself and himseif did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACI: AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that tine seals affixed try the farcgning Power of Attorney are such corporate seals and were thereto;difte r by authotity of said Conlpanlesi and that thelrslgnaturesassuchof cerswere duly affixed andsubscribedbylike authority. CERTIFICATION Resolutions adopted by the Boarits of Directors of FEDERAL, INSURANCE C.OAIPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEIIINITY COMPANY on August 30,2016; WFSTCHIN TER FIRE INSURANCE COMPANY on December it. 2006; and ACE AMERICAN INSURANCE COMPANY on hlarch 20, 2009: 'RESOLVED, that the follnaittgauthortzai Ions retake to the execution, fur and on behalf of thrcompatty, orbonds. utdcnaAlrlgs. recadnizanes, contracts anti mhrr ivolieri commitments ofthe Company etuertxthun In theoldl arycoulse of bmhlel6(eacha'WtIIIeD Curumlluleul-): fn Each of the Chairman, the President and the Vise Presidents or rheComplinyAherehy rat cn-imd In execuminy%VrinenCtunudtment for wdontlehalfoflheCompany. under he seal of the Company of whemise. (2) Eadt duly appointed auantey- In -fila of the Company is hereby aouherued to exectne any Wrium Commllmeun for and on behalf of lice Crxbpany-, under the seal of the Company or othenvise, to the extent that such ecdon is authDrized by the gram of Pavers prodded for In suds person's wdben appoint mens as such anorney-In-Fan. (3) Each of the Cllairuiau, die President and doe Vie Presidents of rhe Cuuip,uty is hereby autbsnited.(braid uu behalfofnbe Curupauy. tuappofnl(u wrnhry any person die atlotucy In -favi of die company wish full power and alltilOfItytoexecuie. for and on behalf ofthe Company, under the seal of lbe Company or othemise, such Written l:ammltmentso(fhr Company as may he spedned in such written appolnhnenL which sperifirnllan may, be by general type or class of Written Commitments or by spednranlon of one or more panlndar Wrhlen Cnt[lmil mems. (4) Fadi of We Chairman, die President and the Vie Presidents or theCompany isherebyauohurieed,furaudoil behatfofthe Company. todelelpleInwining toany otherolficeruffhe Company the authority to execute, for and on behalf of the company. under the Company's seal or othenvise, such Wriilen Commitments of the Company as are specified in such wrinxt delegallon. wllfrb specification may be by general type ur class of %VrNen fnmmitmenis or by specification of one or more partholar Written Commitments. (5y' The signature orally ufRser ar other person execunngauy Written Commitment orappolmment or dclrgatfon pursuant to this Resolution, and the seal ofdte Company, may be affixed by 11JCS6110V• nll atdl Millen Cuuuaitmeut or wrilleu appulltrneul urde&gadun. FURTHER RESOLVED, that the foregoing Resolution shall not bedeemedtobeanexclusivestatementa(thepinversandautharbyofofRcen.employeesandotherpeisonstoanforandoilbebalfnf die Company, and sudor Resolution shall not limit or otherwise affect the exercise aany such paver or authority mherwtse s'andlygmnted or vested' L Dawn AM. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCL-' COALPAW, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE CObtPANY and ACE AMERICAN INSURANCE COi•IPANY (the "Companies) do hereby certify that (1) the foregoing Resolutions adopted by the Board of Direction of the Cornpwies are true. correct and in full force and effect, (11) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under myhand and seals ofsald Companies at Whitehouse Station, NJ, this OCT 2 9 2020 IRIV:n tl t:hlunz. N'Nti 1.1111 tTnl� I,N TIIE EVENT YOUIVISH TO VERWYTI IC AUnID'gTlCrrVOrTII15 ROVn OR NOTIFY US OP ANYOTIIER MATTER PLEASE CONTACT is AT: Telephone(SM) 903- 3493 Fax(9G8)903-3656 a -mall: s=tvi 'dmbb.cunm Combined: FED-VG-PI•WFIC•AAIC (rev. 11 -1D) 11-152 Nolarial Seal r OTApy � KATHERINE J. AOEEAAq err NCrrARY PUBLIC OF NEW JERSEY No23100352310063 JER9� COtnn'11260n EX0,ev Ady 10, 2024 aleaary puTlfc CERTIFICATION Resolutions adopted by the Boarits of Directors of FEDERAL, INSURANCE C.OAIPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEIIINITY COMPANY on August 30,2016; WFSTCHIN TER FIRE INSURANCE COMPANY on December it. 2006; and ACE AMERICAN INSURANCE COMPANY on hlarch 20, 2009: 'RESOLVED, that the follnaittgauthortzai Ions retake to the execution, fur and on behalf of thrcompatty, orbonds. utdcnaAlrlgs. recadnizanes, contracts anti mhrr ivolieri commitments ofthe Company etuertxthun In theoldl arycoulse of bmhlel6(eacha'WtIIIeD Curumlluleul-): fn Each of the Chairman, the President and the Vise Presidents or rheComplinyAherehy rat cn-imd In execuminy%VrinenCtunudtment for wdontlehalfoflheCompany. under he seal of the Company of whemise. (2) Eadt duly appointed auantey- In -fila of the Company is hereby aouherued to exectne any Wrium Commllmeun for and on behalf of lice Crxbpany-, under the seal of the Company or othenvise, to the extent that such ecdon is authDrized by the gram of Pavers prodded for In suds person's wdben appoint mens as such anorney-In-Fan. (3) Each of the Cllairuiau, die President and doe Vie Presidents of rhe Cuuip,uty is hereby autbsnited.(braid uu behalfofnbe Curupauy. tuappofnl(u wrnhry any person die atlotucy In -favi of die company wish full power and alltilOfItytoexecuie. for and on behalf ofthe Company, under the seal of lbe Company or othemise, such Written l:ammltmentso(fhr Company as may he spedned in such written appolnhnenL which sperifirnllan may, be by general type or class of Written Commitments or by spednranlon of one or more panlndar Wrhlen Cnt[lmil mems. (4) Fadi of We Chairman, die President and the Vie Presidents or theCompany isherebyauohurieed,furaudoil behatfofthe Company. todelelpleInwining toany otherolficeruffhe Company the authority to execute, for and on behalf of the company. under the Company's seal or othenvise, such Wriilen Commitments of the Company as are specified in such wrinxt delegallon. wllfrb specification may be by general type ur class of %VrNen fnmmitmenis or by specification of one or more partholar Written Commitments. (5y' The signature orally ufRser ar other person execunngauy Written Commitment orappolmment or dclrgatfon pursuant to this Resolution, and the seal ofdte Company, may be affixed by 11JCS6110V• nll atdl Millen Cuuuaitmeut or wrilleu appulltrneul urde&gadun. FURTHER RESOLVED, that the foregoing Resolution shall not bedeemedtobeanexclusivestatementa(thepinversandautharbyofofRcen.employeesandotherpeisonstoanforandoilbebalfnf die Company, and sudor Resolution shall not limit or otherwise affect the exercise aany such paver or authority mherwtse s'andlygmnted or vested' L Dawn AM. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCL-' COALPAW, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE CObtPANY and ACE AMERICAN INSURANCE COi•IPANY (the "Companies) do hereby certify that (1) the foregoing Resolutions adopted by the Board of Direction of the Cornpwies are true. correct and in full force and effect, (11) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under myhand and seals ofsald Companies at Whitehouse Station, NJ, this OCT 2 9 2020 IRIV:n tl t:hlunz. N'Nti 1.1111 tTnl� I,N TIIE EVENT YOUIVISH TO VERWYTI IC AUnID'gTlCrrVOrTII15 ROVn OR NOTIFY US OP ANYOTIIER MATTER PLEASE CONTACT is AT: Telephone(SM) 903- 3493 Fax(9G8)903-3656 a -mall: s=tvi 'dmbb.cunm Combined: FED-VG-PI•WFIC•AAIC (rev. 11 -1D) 11-152 CitV of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable, Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withhold to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Enyise Executive Vice President Bidder /uthofized Signature/Title 9 11-153 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name Envise FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number District -wide HVAC Maintenance Program Project Description Maintenance program including filter changes for 34 sites Approximate Construction Dates: From September 2020 To: August 2021 Agency Name Compton Unified School District Contact Person Nathaniel Holt Telephone (310) 438.9855 Original Contract Amount $446,443 Final Contract Amount $ 446,443 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 11-154 No. 2 Project Name/Number District -wide HVAC Project Project Description Installation of new HVAC throughout the District over 3 summers Approximate Construction Dates: From 2018 To: 2020 Agency Name Culver City Unified School District Contact Person Chris Dunne Telephone (2131 494-6407 Original Contract Amount $21,100,000Final Contract Amount $ 34,311,845 If final amount is different from original, please explain (change orders, extra work, etc.) This project was done over 3 phases and each phase delivered money back at one point and then that money was used to include more scope from the owner.District added Phase 2 and 3 to get to total amount. Additional information upon request. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 3 Project Name/Number Lynwood High School HVAC & Lighting Replacement Project Replacement of lighting throughout campus, DDC upgrade Project Description throughout campus, replacement of all HVAC serving the main instructional ba ing. Approximate Construction Dates: From February 2019 To: August 2019 Agency Name Lynwood Unified School Distrct Contact Person Gus Gonzalez Telephone (310 279-7935 Original Contract Amount $ 7,035,661 Final Contract Amount $ 7,018,020 If final amount is different from original, please explain (change orders, extra work, etc.) Some of the allowances were not needed, so the District was billed for less. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No ill 11-155 No. 4 Project Name/Number Campus EMS Migration Project Project Description Upgrade of EMS system throughout entire campus Approximate Construction Dates: From January 2020 To: Current (Estimated to be complete February 2021) Agency Name Cerritos College Contact Person Jimmy Riordan Telephone (95� 712-2659 Original Contract Amount $2,012,379 Final Contract Amount $ 2,213,511 If final amount is different from original, please explain (change orders, extra work, etc.) Client added scope Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Campus Server Room HVAC Replacement Project Name/Number Project Description Emergency replacement of HVAC serving critical server room space prior to summer heat Approximate Construction Dates: From May 2020 To: July 2020 Agency Name Chaffey College Contact Person Troy Ament Telephone 009)238-3Z64 Original Contract Amount $123,655 Final Contract Amount $ 223,655 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 11-156 No. 6 Project Name/Number HVAC Maintenance Program Project Description Maintenance program for Central Plant Approximate Construction Dates: From September 2019 To: August 2024 Agency Name Golden West College Contact Person Joe Dowling Telephone (714 Original Contract Amount $409,051 Final Contract Amount $ 409,051 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. EnviseExecutive Vice President Bidder Authorized Signaturef itle 13 11-157 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 NON -COLLUSION AFFIDAVIT State of California J ) ss. County of J �� • �c• �� r« IZ' t , being first duly sworn, deposes and says that he or she is i of G s , the party making the foregoing bi ; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Envise f%r Executive Vice President Bidder Autfiorized SignaturefFitle Subscribed and sworn to (or affirmed) before me on this 19 day of . JanuarV , 2020 by , � ; - i L"1 �_, , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Not4 Public [SEAL] JULIE ANN FANRNKOPF My ommres: Commission Expires: NolaryPobk— Callwin p l 0rCounty Orange Commission p 2225144 My Comm. Expires Jan B, 2022 14 11-158 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 DESIGNATION OF SURETIES Bidder's name Envise Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Chubb Group of Insurance Companies/Federal Insurance Company 555 S. Flower Street, Los Angeles CA 90071 Mike Destiche, Surety Manager mdestiche@chubb.com Phone: 213-612-5574 15 11-159 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Envise Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 11-160 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts 209 332 386 306 211 147 1,591 Total dollar Amount of Contracts (in Thousands of $) 63 682.267 101,654.817 128,384.82 100,864.283 57 521.277 32,782.388 484,889.852 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 1 0 1 No. of lost workday cases involving 0 0 1 0 0 0 1 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 11-160 Legal Business Name of Bidder Envise Business Address: 12131 Western Ave, Garden Grove CA 92841 Business Tel. No.: 714-657-1032 State Contractor's License No. and Classification: 1005262 B, C20, C36, C4,C16,C10 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title ve Vice President Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. OTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACH 17 11-161 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed tate document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ,,; �I I:y--: L 1/,,81 C '.,:,1 On before me, J'� � , v �•� , Date Here lnsert'Name acrd ide of the Offlcer' personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executedthe same in his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. JULIE ANN FAHRNKOPF Nolay Pjbic - Ca6fo•r1a z �� - OranceCour,ry y comnissioc 4 2225144 Aly Comm. Expires Jai 8.2622 Ploce Notary Sea! and/or Stamp Above I certify under PENALTY OF PERJURY. under the laws of the State of Cat fornla that the foregoing paragraphds true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an Unintended document. Description of Attached Document Title or Type of Document: Document Date:_ _ SIgner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer Is Representing: NumberofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — GI Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: &SIC_W:T:g 9M �EAS,UO Com- tlP €:PA eEe€ > itZ:3 E:#s r MEW 02017 National Notary Association 11-162 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RF B 21-15 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Envise The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 November 2nd 2020 2 November 13 2020 3 December 2 2020 4 January 12 2021 11-163 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Envise Business Address:12131 Western Ave, Garden Grove CA 92841 Telephone and Fax Number: 714-657-1032 ; 714-891-5015 California State Contractor's License No. and Class: 1005262 B, C20, C36, C4,C16,C10 (REQUIRED AT TIME OF AWARD) Original Date Issued: 07/07/2015 Expiration Date: 07/31/2021 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Greg Gonta - Service Supervisor The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Ted Lynch President 13150 Mid -Atlantic Blvd. Suite 200 Laurel, MD 20708 (571) 612-4643 Ryan Nagle Vice President 21670 Ridgetop Circle Suite 100 Sterling, VA 20166 (703) 834-5570 Anthony Roner Vice President 9530 Padgett Street Suite 107 San Diego, 92126 (858)-805-7708 Tony Wang CFO/Treasurer 12131 Western Ave, Garden Grove CA 92841 (714) 230-7941 Travis Fletcher Branch Manager 12131 Western Ave, Garden Grove CA 92841 (303) 521-8916 Corporation organized under the laws of the State of California Rebecca Reyes Secretary 12131 Western Ave, Garden Grove CA 92841 (714) 230-7405 19 11-164 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Southland Industries For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; NIA Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? if so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 1 No 20 11-165 Are any claims or actions unresolved or outstanding? Yes 1 No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Envise Bidder Joe Cvetas (Print name of Owner or President of Corporation/Company) u orized Signature/Title Executive Vice President Title 1/19/2021 Date On l / /3-) before me, )j, c� � 4„ ��. �- _,Notary Public, personally appeared j , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A Not' ry Public in and for said State My Commission Expires: i (` f �- r JULIEANNFAHRNKOPF a w` L) NotaryPaSic-California x x F' Orange County Comm;,mc. 4 2225144 My Comm. Expires dan 8, 2012 21 11-166 Mr. Gants has 23 years of experience working with HVAC systems, specifically installation, start-up and preventative maintenance of various types of HVAC equipment. In servicing our maintenance contracts, he has enhanced skills toVF troubleshoot and repair equipment with minimal impact to the customer. Mr. G Envise Proposal for City of Newport Beach 11-167 quickly onto has working knowledge of all hydronics systems, and has worked on some of the largest Experience Since chilled water systems in Southern California. 1997 Mr. Gonto has been an area foremen and supervisor for the last four years. He With Firm Since takes pride in his work and strives hard to ensure that all machines are running 2009 at peak performance to satisfy the customer. He is also a member of the Envise emergency on-call team. Education Mi. San Antonio College, RELEVANT PROJECT EXPERIENCE Accredited HVAC Program Kaiser Fontana I Fontana, CA journeyman Classes, Local Performed post -construction maintenance on equipment and resolved warranty issues. 25C Trane Factory Training Riverside Convention Center I Riverside, CA Performed complete overhaul of York YT low pressure centrifugal chiller. Registrations/ Certifications Martin Luther Hing Hospital I Compton, CA AQMD Universal Performed post -construction maintenance on equipment and resolved warranty issues. Refrigerant Handling License Aqua Caliente Resort I Rancho Mirage, CA Certified General Foreman Replaced compressor shaft seal assemblies on all chillers. Training MSCA Star Certified Paseo Colorado Mall I Pasadena, CA Performed post -construction maintenance on HVAC equipment, including York and Carrier centrifugal chillers_ Westwood Gateway I Santa Monica, CA Responsible for the overhaul of both 1,200 -Ton Trane Centrifugal Chillers. Maintained project schedule with minimal plant interruptions. Hoag Hospital I Newport Beach, CA Installed MRI chiller; duties included: installation and start-up. Cottage Hospital I Santa Barbara, CA Performed post -construction maintenance on equipment and resolved warranty issues. Raiser Sand Canyon I Irvine, CA Managed the installation of chilled water plant from installation phase to startup during normal business hours with no interruptions to facility operations. Envise Proposal for City of Newport Beach 11-167 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFR 21-15 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 11-168 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 SAMPLE CITY CONTRACT 23 11-169 City of Newport Beach CIVIC CENTER CHILLER MAINTENANCE AND REPAIR RFB 21-15 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete RFB No. 21-15 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 1/19/2021 Date 714-657-1032; 714-891-5015 Bidder's Telephone and Fax Numbers 1005262 B,C20,C36,C4,C16,C10 Bidder's License No(s). and Classification(s) 1000030376 DIR Registration Number Envise Bidder Executive Vice President B' der's Authorized Signature and Title 12131 Western Ave, Garden Grove CA 92841 Bidder's Address Bidder's email address: vbaatenCa)enviseco.com PR -1 11-170 City of Mewppq Beach Civic Center Chiller Maintenance and Repair (21-15), bidding on 01126Q021 2.00 PM (PST) Bid Results Bidder Details Vendor Name Envise Address 12131 Wesierm Ave Delivery Method Garden Grove, California 92683 Bid Responsive United States Respondee Jennifer Lee Respondee Title Business Development Manager Phone 714-657-1032 Email flee@enviseco.com Vendor Type License # 1005262 CADIR 1000030376 Bid Detail Bid Format Electronic Submitted 01/26/2021 10:25 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 240924 Ranking 0 Respondee Comment Buyer Comment eBond Contract ID Attachments File Title Bid Bond_20201102.pdf 1.26.2021 City of Newport Beach - Envise - Bid 21-15.pdf File Name Bid Bond_20201102.pdf 1.26.2021 City of Newport Beach - Envise - Bid 21-15.pdf PlanelBift Inc. Page 1 of 4 Printed 011262021 File Type Bid Bond General Attachments 11-171 City of Newport Beach Civic Center Chiller Maintenance and Repair (21-15�, bidding an 4112612027 2:00 RM (PST) Subcontractors Page 2 014 Printed 0112612021 No Subcontractors PlanelMds, Inc. 11-172 City of Newpod Beach Civic Canter Chiller Maintenance and Repair (21-15}, bidding on 01126120212:00 PM (PST) Line Items Item # Item Description UOM .� BASE BID Series R Chiller 1 Quarterly Quarterly Inspection 2 Series R Chiller Annual Annual Inspection Mechanical -Draft 3 Cooling Tower Quarterly Quarter) y Inspection Mechanical -Draft 4 Cooling Tower Annual Annual Inspection Pump Running 5 Quarterly Quarterly Inspection 6 Pump Running Annual Annual Inspection Air Handlers 7 Quarterly Quarterly Inspection 8 Air Handlers Annual Annual Inspection 9 Boilers Quarterly Quarterly y 10 Boilers Annual Annual Inspection Return Fans 11 Quarterly Quarterly Inspection 12 Return Fans Annual Annual Inspection Liebert Split 13 System Quarterly Quarterly Inspection Liebert Split 14 System Annual Annual Inspecfion Exhaust Fans 15 Quarterly Quarterly Inspection 16 Exhaust Fans Annual Annual Inspection Fan Coil Units 17 Quarterly Quarterly Inspection "s 3 1 8 3 1 3 1 3 1 3 1 3 1 3 PlanatBids. Inc. Page 3 of 4 Printed 0112612021 Unit Price Line Total Comment $27,977.75 $512.20 S1,536.60 $6,829.27 $6,829.27 $128.05 $384.15 $817.07 $320.12 $640.24 $890.24 $2,304.88 $207.32 $1,024.39 $298.35 $295,79 $192.07 $384.15 $256.10 $512.20 $577.00 5817.07 $960,36 5640.24 $2,670.72 $2,304.88 $621,96 $1,024.39 $895.05 $295.79 $576.21 $384.15 $768.30 $512.20 $1,731.00 City of Newport Beach Civic Center Chiller Maintenance and Repair (21-15), bidding on 01/26/2D21 2:00 PM (PST) 18 Fan Coll Units Annual $1,731.00 Annual Inspection $1,165.50 1 $323.17 A/C Units 19 Quarterly Quarterly Inspection 20 AIC Units Annual Annual Inspection Refrigerant Monitor 21 Maintenance & Annual Calibration Annual Inspection Variable 22 Frequency Drive Annual Annual Maintenance v On -Call Hourly Rates 23 On -Call Hourly Hourly y 24 On -Call After Hourly Hours Hourly Rate Grand Total $28,327.75 Pago 4 of 4 Printed 01/26/2021 1 $1,165.50 $1,165.50 3 $577.00 $1,731.00 1 $1,165.50 $1,165.50 1 $323.17 $323.17 1 $640.24 $640.24 $350.00 1 $140.00 $140.00 1 $210.00 $210.00 PlanetBids, Inc. 11-174 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Civic Center Chiller Maintenance & Repair Request for Bid No. 21-15 DATE: 111'212,,00-0 gy; D uty Public orks DirectorlCity Engineer TO: ALL PLANHOLDERS V The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. SPECIAL PROVISIONS Some items have been removed or clarified in the Special Provisions. The document attached to this Addendum supersedes the original on PlanetBids and should be used instead. B_ MANDATORY PRE-BID MEETING There will be a mandatory pre-bid site walk which will be held on November 17, 2020 at 7 AM at the Civic Center {100 Civic Center Dr. Newport Beach, CA 92660}. At the site walk, potential bidders will also be provided with a more detailed list of equipment, location, and access points. C. Q&A Please see attached Question & Answer document for answers to the questions posted in PlanetBids. 11-175 D. BID OPENING DATE Please note that the bid opening date has been moved to November 24, 2020 at 10:00 AM. E. SAMPLE AGREEMENT Please see attached sample agreement which includes updates to the insurance and bonding requirements. ATTACHMENTS: - Special Provisions - Question & Answers - Sample Agreement Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Envise Bidder's Name (Please Print) 1/19/2021 Date W//' Executive Vice President "Authorized Signature & Title 11-176 Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PO ADDENDUM NO. 2 CIVIC CENTER CHILLER MAINTENANCE AND REPAIR Request for bid No. 21-15 DATE: It 1,3 -2_o2_0 BY: y✓ ov ep ty PWD/City Engineer TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. RFP DUE DATE: The Due Date for this RFe shall be extended to Tuesday, December 15, 2020 at 2:00 p.m. B. PRE-BID MEETING: Due to scheduling issues, the Pre -Bid Meeting for this Project, originally scheduled on 1111712020, has been postponed to a date and time To Be Determined. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal, Envise Bidder's Name (Please Print) 1/19/2021 Date Executive Vice President p(utWoriz'ed Signature & Title 11-177 Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 CIVIC CENTER CHILLER MAINTENANCE AND REPAIR Request for Bid No. 21-15 DATE: BY. --1AW-1 *� 7Z& p ty PWD/City Engineer TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents -- all other conditions shall remain the same. A. RFP DUE DATE: The Due Date for this Bid shall be extended to Tuesday, January 19, 2021 at 2:00 p.m. Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 3 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Envise Bidder's Name (Please Print) 1/19/2021 Date Executive Vice President u orized Signature & Title 11-178 Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 CIVIC CENTER CHILLER MAINTENANCE AND REPAIR Request for bid No. 21-15 DATE: BY: ep PWDICity Engineer TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents -- all other conditions shall remain the same. A. BID DUE DATE/BID OPENING DATE: The Due Date for this Bid shall be extended to Tuesday, January 26, 2021 at 2:00 p.m, B. PRE-BID MEETING: Due to continued COVID restrictions and precautions, there will be no pre-bid meetings for this Bid. Photographs various pieces of equipment have been included in this Addendum to supplement the Special Provisions. C. SPECIAL PROVISIONS The Special Provisions shall be supplemented to include the attached equipment list with photos Bidders must sign this Addendum No. 4 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 4 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Envise Bidder's Name (Please Print) 1/19/2021 Date Executive Vice President orized Efignature & Title Attachments: Equipment List with Photo Package 11-179 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Twenty Seven Thousand Nine Hundred Seventy Seven Dollars and 75/100 ($27,977.75), lawful money of the United States of America, said sum being equal to 100% of the amount of the annual Agreement price, payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. ENVISE Page D-1 11-180 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ENVISE Page D-2 11-181 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 3 ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ENVISE Page D-3 11-182 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Ag reement. NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty Seven Thousand Nine Hundred Seventy Seven Dollars and 75/100 ($27,977.75), lawful money of the United States of America, said sum being equal to 100% of the amount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive ENVISE Page E-1 11-183 notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ENVISE Page E-2 11-184 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) BRIGHTVIEW LANDSCAPE SERVICES, INC. Page E-3 11-185 EXHIBIT F CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars and 00/100 ($ ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as ENVISE Page F-1 11-186 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ENVISE Page F-2 11-187 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ENVISE Page F-3 11-188 EXHIBIT G CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Dollars and 00/100 ($ .00) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), of the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed ENVISE Page G-1 11-189 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ENVISE Page G-2 11-190 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 120 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ENV ISE Page G-3 11-191 EXHIBIT H INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented ENVISE Page H-1 11-192 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than one million dollars ($1,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and * Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. ENVISE Page H-2 11-193 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, ENVISE Page H-3 11-194 limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. ENVISE Page H-4 11-195