HomeMy WebLinkAbout07 - M/RSA for the Civic Center ChillerQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 27, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Equipment and Facilities Maintenance
Superintendent - 949-718-3464, kbrodowski@newportbeachca.gov
TITLE: Award of Maintenance and Repair Services Agreement with
Southland Industries for the Civic Center Chiller
ABSTRACT:
The City of Newport Beach utilizes a contractor to perform heating, ventilation and air
conditioning (HVAC) maintenance and repair services for the Civic Center chiller system.
The current agreement (Contract No. 8674-2) expires March 31, 2024. Staff prepared
and published a Request for Bid (RFB) for Civic Center HVAC Maintenance and Repair
Services and requests City Council approval to enter into a three-year agreement with
Southland Industries to provide these services.
RECOMMENDATIONS:
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 Maintenance and Repair Services Agreement with Southland Industries for
the Civic Center Chiller system for a three-year term and for a not -to -exceed amount
of $300,000, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The HVAC system at the Civic Center 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 is monitored by a centralized
computer with energy efficient programing set to provide ideal temperatures year-round.
The Public Works Department is responsible for servicing and repairing the Civic Center's
central HVAC system.
Due to the complexity and size of the HVAC system, preventative maintenance and
component inspection on a scheduled basis are critical to maintain optimal efficiency. The
Public Works Department monitors the system daily; however, staff relies on specialized
contractors to perform quarterly and annual maintenance.
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Award of Maintenance and Repair Services Agreement with
Southland Industries for the Civic Center Chiller
February 27, 2024
Page 2
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 of the equipment.
The current agreement (Contract No. 8674-2) with Southland Industries for Civic Center
Chiller maintenance and repair services expires on March 31, 2024. Staff sent out a
Notice Inviting Bids (C-9474-1) on December 5, 2023. On December 20, 2023 at 10 a.m.,
the City Clerk opened and read the following bids for this project:
BIDDER
TOTAL BID AMOUNT
Low
Southland Industries
$48,857
2nd
Acco Engineered Systems, Inc.
$48,892
3rd
FM Thomas Air Conditioning, Inc.
$145,730
Southland Industries was deemed the lowest responsible bidder with a projected annual
cost of $48,857 for routine service and maintenance on a quarterly and annual basis for
the Civic Center HVAC system. Southland Industries is the current service provider, its
team of technicians has four years of experience working on the HVAC equipment at the
Civic Center, and staff is pleased with the contractor's performance and expects service
to remain at a high level.
In addition to routine maintenance and repair work, Southland Industries will also be
utilized for unexpected repair work and the purchase and installation of replacement
HVAC units as needed. In previous years, the annual cost for unexpected repair work has
ranged between $22,000 and $48,000. The expected service life of HVAC equipment in
an industrial application is approximately 10-15 years. As equipment continues to age
and meets estimated life cycles, staff expects unforeseen repairs plus the need to replace
critical HVAC components such as compressors, high pressure lines, blower fans, etc.
will continue to increase. However, scheduled maintenance and regular inspections can
identify problems before they become catastrophic. Staff estimates this additional work
to be $50,000 per year. Staff recommends the award of a new, three-year HVAC
maintenance and repair agreement to Southland Industries for a total not -to -exceed
amount of $300,000 (Attachment A).
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. It will be expensed to the
Facilities Services Contract account, 0108041-811017, 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.
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Award of Maintenance and Repair Services Agreement with
Southland Industries for the Civic Center Chiller
February 27, 2024
Page 3
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
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ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SOUTHLAND INDUSTRIES FOR
CIVIC CENTER CHILLER MAINTENANCE AND REPAIR
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 1 st day of April, 2024 ("Effective Date"),
by and between the CITY OF NEWPORT BEACH, a Califomia municipal corporation and
charter city ("City"), and Southland Industries, 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 on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. 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 the Effective Date, and shall
terminate on April 1, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). 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:
2.1.1 A detailed description of the Services to be provided;
r
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No 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 and the Letter Proposal. 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 and the Letter Proposal,
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
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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B 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 Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Three Hundred Thousand Dollars and 001100
($300,000.00), without prior written amendment to the Agreement.
Southland Industries Page 2 7.5
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 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.
4.4 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.
4.5 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 Sarah Klumpp to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Southland Industries Page 3 7.6
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. 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
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,
Southland Industries Page 4 7_7
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
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.
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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.
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
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of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 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 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. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
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 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. 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.
16.2 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
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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
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. 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.
18. 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.
19. 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.
20. 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.
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21. 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,
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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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,
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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.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Sarah Klumpp
Southland Industries
12131 Western Ave.
Garden Grove, CA 92841
26. CLAIMS
26.1 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.).
26.2 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.).
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27. TERMINATION
27.1 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 party 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
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.
27.2 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.
28. LABOR
28.1 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.).
28.2 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.
28.3 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.
28.4 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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
Southland Industries Page 11 7-14
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 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.
29.11 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.
Southland Industries Page 12 7-15
29.12 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]
Southland Industries Page 13 7-16
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: W2 `#
By: B�
ron C. Har zlt�lzi W-
-ty Attorney
ATTEST:
Date:
IN
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: Southland Industries,
a California corporation
Date:
Bw
Ed Newville
Vice President
Date:
Bv:
Tony Wang
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Southland Industries Page 14 7-17
EXHIBIT
SCOPE OF SERVICES
Southland Industries Page A-1 7-18
SCOPE OF SERVICES
Civic Center Building Automation and HVAC Equipment
Maintenance Repair
Contractor shall provide maintenance, repair and new sequencing services for the City's Alerton Controls
System as well as maintenance and repair on all Civic Center HVAC equipment. Contractor shall be a
factory authorized Alerton controls service provider with software and hardware distribution
authorization in order to support proprietary building automation system. 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.
This contract will consist of two parts but shall be bid as one package.
■ Part 1- Building Automation Maintenance and Repair
■ Part 2 - HVAC Equipment Maintenance and repair
Part 1- Building Automation Program Overview
• Monthly Controls Maintenance
• Four (4) additional visits which may be utilized at the beginning of contract in order to onboard
the new controls technicians and familiarize with the City of Newport Beach system.
• Remote Support (with Client Permission)
• Dedicated Primary and Secondary Technicians
• 24-hour Emergency Response
Preventative Maintenance Scope of Work
Equipment Covered: Alerton Control System
Parts and Materials: All parts and material will be Alerton authorized replacement parts. All non Alerton
part substitutions must be authorized in advance of purchase and installation.
Labor: Included shall be all labor to perform corrective and preventative maintenance services as
described in this contract.
Preventative Maintenance: Contractor shall provide preventative maintenance routines as defined
below on a monthly basis (12 visits a year) and will be executed as follows:
7-19
• System Backup. During each Preventative Maintenance visit the contractor's technician will
perform (1) full system backups, one kept onsite at Civic Center and the second archived at the
contractor's facility for safekeeping.
• Facility Maintenance Review: Contractor will review with the onsite facilities technician the
current operating system and determine any current issues and/or deficiencies.
• Network Communication Review: The contractor will analyze communication between your
front-end server, system and field level controllers, plus verify communication between all
configured facilities.
• Alarm Log Review: Contractor shall document all equipment and points generating excessive
alarms troubleshoot and make recommendations to correct the faults that are triggering the
alarms.
• System and Field Level Device Review: Contractor shal review all system and field level
controllers and document all devices that are not communicating and/or operating correctly on
the network and make recommendations on how to correct the issue, if applicable.
• BAS Failed Points Review: Contractor shall review the entire BAS system for failed points, which
may be indicators of equipment and control devices needing corrective maintenance.
• System Presentation and Review: Upon completion of each Preventative Maintenance routine,
The contractor shall provide a written report and presentation of the technician's analysis and
solutions will be provided to Facilities Personnel.
BUILDING AUTOMATION SERVICE & MAINTENANCE TASKS
MONTHLY WORKSTATION OPERATIONAL
• Review control system operations with building lead operator/technician.
• Review system for critical and off-line status indications.
• Review system for override, and disabled status indications.
• Review event and alarm log for critical or recurring instances and possible operational issues.
• Review trend logs for need and operator use.
• Perform database maintenance on the software application, if applicable.
• Save/copy network workstation database, including custom graphics and system controller
point data, schedules, alarms and trend -log.
• Perform network analysis tasks analysis tasks as required to confirm communications with all
networked controllers and 3rd party devices.
• Confirm proper time sync of all system controllers with workstation, if applicable.
QUARTERLY WORKSTATION OPERATIONAL
7-20
• Review chiller plant system controllers and field modules, verify proper operation of controls
processes, if applicable.
• Review heating hot water plant system controllers and field modules, verify proper operation of
controls processes, if applicable.
• For all the AHU/RTU/FCU application/control modules, verify setpoints, proposer operation of
critical controls process and points associated with unit, if applicable.
• For all terminal equipment/control modules, verify setpoints, operation of critical controls
processes and associated points with unit, if applicable.
• Verify all override switches are on auto and review findings on all system controllers.
• Review findings with building lead operator/technician.
• Provide written suggestions for system repairs, upgrades, enhancements, and energy
improvements.
QUARTERLY FIELD OPERATIONAL
• Check system controllers and system managers to verify proper device properties, DC power
levels. Communication, and possible error code indications.
• Verify all override switches are on auto and review findings on all systems controllers.
• Remove excessive dust from internal surfaces of control panels.
• Verify current copy of the as -built drawings exist at control panels.
• Review findings with building lead operator/technician.
• Provide written suggestions for system repairs, upgrades, enhancements, and energy
improvements.
SEMI-ANNUAL WORKSTATION OPERATIONAL
• Check and verify system start/stop schedules and temperature min/max set points and adjust
per design or written building schedule of operation.
Part 2 HVAC Equipment Maintenance and Repair
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.
7-21
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
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 fortemporary cooling.
Services to be Performed.
Description
Quantity Per Year
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
7-22
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
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
7-23
• 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)
• 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.
7-24
• 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.
• 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.
7-25
• 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.
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.
7-26
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.
• 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.
7-27
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.
o Inspect fan assembly for condition, security, and clearances. (e.g. blade tip clearance).
Lubrication System
• Lubricate motor bearings.
• Lubricate fan shaft bearings.
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.
PUMPS:
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.
7-28
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.
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.
7-29
• 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.
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
o Check the gas train isolation valves for leaks.
o Check the gas supply piping for leaks.
o Check the gas pilot solenoid valve for wear and leaks.
o Check the main gas and the pilot gas regulators for wear and leaks.
o Test the low gas pressure switch. Calibrate and record setting.
o Test the high gas pressure switch. Calibrate and record setting.
o Verify the operation of the burner fan air flow switch.
o Inspect and clean the burner assembly.
o 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:
7-30
■ 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
• 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:
Quarterly Maintenance
Filters
• Check for restricted airflow.
• Replace air filters as needed
• Examine filter switch.
• Wipe entire section clean
7-31
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
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.
7-32
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.
• Verify proper operation of the changeover valve, if applicable.
Equipment List
7-33
Equipment
Series RTM Water -Cooled Chillers
Qty
2
Manufacturer
Trane
Model
Number
RTWD..
Asset Tag
CH-1,2
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@ LE Refrigerant Monitor
1
MSA
A-LE-D-4-1...
n/a
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 AH U-1 R
Alliance
4BN-17.7-AS
1608AHUR1
Unit Notes
Split system indoor fan coil
Mitsubishi
..-
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-120-13-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,
7-34
Split system condensing unit
Mitsubishi
PUY-A18NHA4
14UO2251 C
767858-
Constant volume AC unit
Mitsubishi
SDV5-004
001-
001
No grease, no oil, no belts
12679912
Greenheck
SA-85-D-X
1112,
Split system condensing unit
Mitsubishi
PUY-Al2NHA4
15UO2680C
PURY-P168TGMU-A
Split system condensing unit
Mitsubishi
88W00189
Unit 19W00980, filter type FBM2-1
PEFY-P30NMAU-E
Mitsubishi
19W00980
Unit 19W00980, filter type FBM2-1
PEFY-P36NMAU-E
Mitsubishi
19W01215
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
F1111103441
Split system condensing unit
Mitsubishi
PUY-A24NHA4
3ZU14359A
Split system condensing unit
Mitsubishi
PUY-A24NHA4
19U04867D
Split system condensing unit
Mitsubishi
PUY-A24NHA4
19U04826D
Split system indoor fan coil
Mitsubishi
PLA-A24BA4
02A00710B
Split system indoor fan coil/washable
filter
Mitsubishi
PKA-A24KA4
12M01083
No grease, no oil, no belts
Greenheck
CVE-121-VG-5-6
12679822-1201
Split system condensing unit
Mitsubishi
PUY-Al2NHA4
16U03047C
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
02A00928A
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
7-35
EXHIBIT B
SCHEDULE OF BILLING RATES
Southland Industries Page B-1 7-36
Scope of Service Cost File
Civic Center Building Automation and
HVAC Equipment Maintenance Repair
Description
Quantity
Unit
Unit Cost
Annual Cost
Series R Chiller Quarterly Inspection
3
Quarterly
$565
$1,695
Series R Chiller Annual Inspection
1
Annual
$7,150
$7,150
Mechanical -Draft Cooling Tower
Quarterly Inspection
3
Quarterly
$141.25
$423.75
Mechanical -Draft Cooling Tower Annual
Inspection
1
Annual
$877.50
$877.50
Pump Running Quarterly Inspection
3
Quarterly
$250
$750
Pump Running Annual Inspection
1
Annual
$500
500
Air Handlers Quarterly Inspection
3
Quarterly
$972.50
$2917.50
Air Handlers Annual Inspection
1
Annual
2542.50
Boilers Quarterly Inspection
3
Quarterly
$200
600
Boilers Annual Inspection
1
Annual
$1130
$1130
Return Fans Quarterly Inspection
3
Quarterly
$233
$699
Return Fans Annual Inspection
1
Annual
$231
231
Liebert Split System Quarterly Inspection
3
Quarterly
$211.83
$635.40
Liebert Split System Annual
1
Annual
$300
$300
Exhaust Fans Quarterly Inspection
3
Quarterly
2
Exhaust Fans Annual Inspection
1
Annual
400
400
Fan Coil Units Quarterly Inspection
3
Quarterly
675
$2025
Fan Coil Units Annual Inspection
1
Annual
$1165.50
$1165.50
A/C Units Quarterly Inspection
3
Quarterly
$557
$1671
A/C Units Annual Inspection
1
Annual
$1700
$1700
Refrigerant Monitor Maintenance &
Calibration Annual Inspection
1
Annual
$343.75
$343.75
Variable Frequency Drive Annual
Maintenance
1
Annual
$500
$500
Total Annual
Cost
28,856.90
On -Call Hourly Rate Maintenance and
Repair
N/A
Hourly
$160
N/A
On -Call After Hours Hourly Rate
Maintenance and Repair
N/A
Hourly
$240
N/A
Monthly Building Automation System
Maintenance
12
Monthly
$1250
$15000
Additional Scheduled Visits
4
As Req.
$5000
Total Annual
Cost
20,000.00
On -Call Hourly Rate Building Automation
N/A
Hourly
$160
N/A
On -Call After Hours Rate Building
Automation I
N/A
Hourly
$240
N/A
*Cost excludes filter cost. Filters will be supplied
by the city or Southland to purchase with
reimbursement.
7-3 7
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 Contract, 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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees. The
insurer issuing the Workers' Compensation insurance shall amend its policy
by endorsement to waive all rights of subrogation against City, its elected
or appointed officers, agents, officials, employees, volunteers. Contractor
shall submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its elected or appointed officers,
agents, officials, employees, volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from bodily injury, property damage, 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).
Southland Industries Page C-1 7-38
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
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
E. Cyber Liability. Contractor shall maintain cyber liability insurance with limits
of not less than two million dollars ($2,000,000) per occurrence and four
million dollars ($4,000,000) annual aggregate covering (1) all acts, errors,
omissions, negligence, infringement of intellectual property; (2) network
security and privacy risks, including but not limited to unauthorized access,
failure of security, breach of privacy perils, wrongful disclosure, collection,
or negligence in the handling of confidential information, privacy perils,
including coverage for related regulatory defense and penalties; (3) data
breach expenses payable whether incurred by City or Consultant, including
but not limited to consumer notification, whether or not required by law,
computer forensic investigations, public relations and crisis management
firm fees, credit file or identity monitoring or remediation services in the
performance of services for City or on behalf of City hereunder.
F. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
Southland Industries Page C-2
7-39
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
volunteers 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 and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, cyber liability, excess/umbrella liability
and automobile liability, if required, but not including professional liability,
shall provide or be endorsed to provide that City, its elected or appointed
officers, agents, officials, employees, volunteers shall be included as
additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees,
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Notice of Cancellation. All policies shall provide City with thirty
(30) calendar days' notice of cancellation or nonrenewal of coverage
(except for nonpayment for which ten (10) calendar days' notice is required)
for each required coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
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. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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
Contract. 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
Southland Industries Page C-3 7-40
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 anytime.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) 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 Contract 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 Exhibit A are not intended as a limitation on
coverage, 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 proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
Southland Industries Page C-4 7-41
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
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
Contract, 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 Contract, 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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Southland Industries Page C-5 7-42
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
Southland Industries hereinafter designated as the "Principal," an agreement for Civic
Center Chiller Maintenance and Repair, 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 Three Hundred Thousand Dollars and 00/100 ($300,000.00), lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount 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.
Southland Industries Page D-1 7-43
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
Southland Industries Page D-2 7-44
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)
Southland Industries Page D-3 7-45
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
Southland Industries hereinafter designated as the "Principal," an agreement for Civic
Center Chiller Maintenance and Repair, 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 Three
Hundred Thousand Dollars and 00/100 ($300,000.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount 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
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Southland Industries Page E-1
7-46
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:
By:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Southland Industries Page E-2
7-4 7
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)
Southland Industries Page E-3 7-48