HomeMy WebLinkAbout10 - Award of M/RSA for On-Call HVAC Maintenance and Repair Services CitywideQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
July 23, 2024
Agenda Item No. 10
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 Harbor
Point Air Conditioning & Control Systems for On -Call HVAC
Maintenance and Repair Services Citywide
ABSTRACT:
The City of Newport Beach utilizes a contractor to perform heating, ventilation and air
conditioning (HVAC) maintenance and repair services for all City facilities. The current
agreement (C-8603-1) with Acco Engineering expires September 30, 2024. Staff
prepared and published a Request for Proposals (RFP) 24-73 for On -Call HVAC
Maintenance and Repair Services Citywide and requests City Council approval to enter
into a five-year agreement with Harbor Pointe Air Conditioning & Control Systems 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 Harbor Point Air
Conditioning & Control Systems for a five-year term and for a not -to -exceed amount
of $600,000, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Public Works Department relies on on -call contractors to service and repair HVAC
systems located at various City facilities including the Corporation and Utilities Yards,
Back Bay Science Center, and other key locations such as police and fire stations,
community centers, and library branches. These HVAC systems require both quarterly
and annual preventative maintenance to ensure they remain in good working order.
Many of these systems are rooftop units, which tend to have shorter service lives due to
exposure to the elements and the corrosive effects of the nearby ocean. Regular
maintenance and prompt repairs are critical to maintaining efficient operation and
preventing disruptions to City services. The current agreement with ACCO Engineering
(C-8603-1) for these services expires on September 30, 2024.
10-1
Award of Maintenance and Repair Services Agreement for
On -Call HVAC Maintenance and Repair Services Citywide
July 23, 2024
Page 2
To identify qualified contractors for this work, staff prepared and issued Request for
Proposals (RFP 24-73) for Citywide On -Call HVAC Maintenance and Repair Services.
The RFP included a comprehensive scope of services that specified the types of
equipment to be serviced, the required parts and materials, and the preventative
maintenance intervals.
On June 18, 2024, a pre -bid meeting was held at the City Corporation Yard. This meeting
provided potential proposers with an overview of the RFP requirements and instructions
for submitting an estimate/proposal for a sample project. The sample project was
designed to evaluate each contractor's project methodology and cost estimates for a
typical repair project.
Additionally, contractors were asked to detail their experience and qualifications in
performing HVAC services for agencies of similar size and scope. They were also
required to outline their approach for executing HVAC maintenance and repairs at various
locations within the city, ensuring minimal disruption to City operations.
The RFP resulted in three responses, which were evaluated by a panel consisting of
staff from the Public Works, Fire and Police Departments. The technical evaluation
focused on experience, service capability, and relevant qualifications. Public Works
staff conducted the cost evaluation, comparing the stated hourly rates, sample project
costs, and annual scheduled maintenance costs from each proposer.
• Harbor Pointe Air Conditioning & Control Systems: Hourly rate of $139, sample
project cost of $9,599, which translates to a citywide annual maintenance cost of
$53,485.
• ACCO Engineered Systems Inc.: Hourly rate of $170, sample project cost of
$15,100, which translates to a citywide annual maintenance cost of $65,072.
• F.M. Thomas Air Conditioning: Hourly rate of $390, sample project cost of
$11,767.27, which translates to a citywide annual maintenance cost of $191,584.
Harbor Pointe Air Conditioning & Control Systems received the highest overall score.
Based on the evaluation results (detailed in the table below), Harbor Pointe Air
Conditioning & Control Systems was determined to be the most qualified firm for this
project.
PROPOSER
TECHNICAL SCORE
COST SCORE
TOTAL SCORE
OVERALL
(MAX 60)
(MAX 40)
(MAX 100)
RANK
Harbor Pointe Air
Conditioning & Control
49.33
38.33
87.66
1
Systems
ACCO Engineered
57.67
24.97
82.64
2
Systems Inc.
F.M. Thomas Air
50.67
15.02
65.69
3
Conditioning
10-2
Award of Maintenance and Repair Services Agreement for
On -Call HVAC Maintenance and Repair Services Citywide
July 23, 2024
Page 3
Harbor Pointe Air Conditioning & Control Systems was deemed the most qualified firm
with a projected annual cost of $53,485 for routine quarterly maintenance services and
estimated annual repair work at the primary locations listed in the Scope of Services. In
addition to routine maintenance and repair work, Harbor Pointe Air Conditioning & Control
Systems will also be utilized for unexpected, on -call repair work and the purchase and
installation of replacement HVAC units as needed. This on -call repair work is projected
to cost around $58,508 annually based on the City's past expenditures' history and the
expanded scope of the new agreement.
Together with the estimated annual cost of the necessary routine maintenance and repair
work, the total annual cost is expected to be approximately $112,000, which, over
five years, equates to $560,000. To accommodate any unforeseen expenses and provide
a buffer for potential increases in service demand or rates, staff recommends a proposed
not -to -exceed budget of $600,000 and a five-year term.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. It will be expensed to the
Maintenance and Repair Building account, 0108041-851016 and the Back Bay Science
Center Maintenance Account, 0108041-851031 in the Public Works Department.
Additional funding for this contract may be expensed to the Department(s) facility
maintenance and repairs budgets.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — On -Call HVAC Maintenance and Repair Services Agreement
10-3
ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC. FOR
ON -CALL HVAC MAINTENANCE AND REPAIR SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 23rd day of July, 2024 ("Effective Date"),
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and HARBOR POINTE AIR CONDITIONING & CONTROL
SYSTEMS, INC., a California corporation ("Contractor"), whose address is 720 South
Richfield Road, Placentia, CA 92870, 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 HVAC maintenance and
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 July 22, 2029, 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;
10-4
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.
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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 00/100
($300,000.00), without prior written amendment to the Agreement.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 2 10-5
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.
5.1 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 Sammi Perez to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 3 10-6
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,
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 4 10-7
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.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 5 10-8
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
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 6 10-9
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 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit 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
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit 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 City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. 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.
17. 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
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 7 10-10
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.
18. 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.
19. 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.
20. 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.
21. 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
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 8 10-11
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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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
seg., 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.
23.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 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
Newport Beach, CA 92660
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Sammi Perez
Harbor Pointe Air Conditioning & Control Systems, Inc.
720 South Richfield Road
Placentia, CA 92870
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25. CLAIMS
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. TERMINATION
26.1 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.
26.2 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.
27. LABOR
27.1 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, et seq.).
27.2 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.
27.3 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.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 10 10-13
27.4 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.
28. PREVAILING WAGES
28.1 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 Contract shall be paid to all workmen employed on the
Work to be done according to the Contract 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 Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. 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.
28.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
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.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 11 10-14
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.
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]
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 12 10-15
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: "1 / tt /Z
' dBy:
a on C. Harp
Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: HARBOR POINTE AIR
CONDITIONING & CONTROL
SYSTEMS, INC., a California corporation
Date:
By:
Gregory Howard Perez
Chief Executive Officer
Date:
By:
Sammi Dee Perez
Secretary, Chief Financial Officer
[END OF SIGNATURES]
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
Harbor Pointe Air Conditioning & Control Systems, Inc. Page 13 10-16
EXHIBIT A
SCOPE OF SERVICES
Harbor Pointe Air Conditioning & Control Systems, Inc. Page A-1
10-17
Exhibit A
Scope of Work
Preventative Maintenance
Equipment Covered: All equipment listed in Appendix A and any other HVAC
equipment at City managed facility as requested by the City's project manager.
Parts and Materials: All parts and materials for preventative maintenances must be
new, unused, and will be supplied by the contractor and included in the proposed rates
(e.g. filters, belts, lubricants, cleaners, etc.).
Labor: Included shall be all labor to perform preventative maintenance services as
described in this contract.
Preventative Maintenance: Contractor shall provide preventative maintenance
routines as scheduled in the Cost File on a monthly or quarterly basis.
Contractor Supplied Equipment: All tools and equipment needed to complete
preventative maintenance shall be supplied by the contractor and shall be covered in
the proposed rates, (tools of the trade: e.g. vacuum pumps, gauges, recovery
machines, hoses, ladders etc.). All specialty tools and rental equipment needed to
perform preventative maintenance shall also be included in the proposed rates (e.g.
scissor lifts, boom lifts, cranes etc.).
Monthly or Quarterly Preventive maintenance, shall include but not be limited to:
• Change and date air filters
• Check reversing valve
• Lubricate motor and shaft bearings as required (including lubricants)
• Check anchor bolts
• Check blower belts and replace if applicable
• Check refrigerant level and recharge refrigerant and check cooling operation
• Change belts, if applicable
• Test for leaks
• Check heating operation
• Check rotation
• Check all safety controls
• Clean and remove excess oil and/or grease
• Check main and pilot burners
• Check for overload under full operation
• Inspect for rust and wear
• Check amperage and voltage on motors and compressors
• Check, clean, and repair all drains, drip pan and drain connections
• Check contactors and clean if necessary
• Check for gas leaks
10-18
• Lubricate all moving parts as required on fans and blowers
• Check coils for leaks and clean each visit
• Check oil level and pressure
• Check head pressure
• Check suction pressure
• Verify thermostat schedule and function
• Verify proper return and supply air temps.
• All belt driven units shall have a spare belt left inside the unit.
• Clean up all trash and debris, including old HVAC parts before leaving the area.
• Contractor will provide a checklist for each unit inspected.
• Complete any other preventative maintenance as recommended by the
manufacturer.
All invoices will be typed; no handwritten invoices will be accepted. Invoices shall also
include the completed checklists or copies of checklists for all units of each facility
inspected.
On -Call Work
Contractor shall provide on -call or as -needed repair services to the HVAC units listed in
the equipment list and/or any other equipment requiring service/repairs, as requested by
the City. Any services not provided as part of the monthly or quarterly maintenance visit
will be treated as a service call. Service calls may result from recommended repairs
identified through a preventative maintenance visit or through a request for service by
the City. The City does not guarantee or imply any specific quantity of service call work
during the contract term.
• Call back is required within ninety (90) minutes after initial request from the City
for on -call services.
• Contractor must be available for same day response, including after hours,
weekends, and holidays.
• Contractor shall be available 24 hours a day, 7 days a week.
• Contractor must be able to arrive within four (4) hours after initial call back.
When the need for service arises, Contractor shall provide a written letter proposal (i.e.
quote) for services including the following:
• A detailed description of the services to be provided,
• The position of each person assigned to perform the services;
• The estimated number of hours and cost (including parts and material) to
complete the services; and
• The time needed to finish the specific project.
No services shall be provided until the project manager has provided written acceptance
of the quote for services. Once authorized to proceed, Contractor shall diligently
perform the repair services.
4
10-19
Equipment Covered: All equipment listed in Appendix A and any other HVAC
equipment at City managed facilities as requested by the City's project manager.
Contractor Supplied Equipment: All tools and equipment needed to complete on -call
repairs shall be supplied by the contractor and shall be covered in the hourly labor cost,
(example — Vacuum pumps, gauges, recovery machines, hoses, ladders, brazing
equipment, etc.). All specialty tools and rental equipment needed for on -call repairs
shall be approved prior to the work and substantiated with rental receipts for invoicing
(e.g. scissor lifts, boom lifts, cranes etc.).
Replacement Equipment, Parts, Materials, and Equipment Rentals: All will be
supplied by the contractor at contracted % markup as shown in the Cost File. Receipts
will be required at the time of invoicing to substantiate percentage markup. All shall be
charged at cost plus no more than a 15% markup. Labor rates for installation shall be
charged at the standard labor rate specified in the Cost File.
All invoices for on -call services must show labor hours, materials, contracted labor rate,
and material percentage markup. Receipts on any billable items or services shall be
provided with invoice.
3
10-20
Appendix A
Total Buildings & Units
Locations
Buildings
Units
CY
6
21
Utilities
8
31
BBSC
3
8
PD
1
31
Animal Shelter
1
4
Fire
11
46
30
141
10-21
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1O0B
10-22
JFM Smart
Asset Description
BuBding Name
Building Category
Floor
Location
Bldg 1-23 81 19-RTUI
Package HVAC Unit
Building 1-Admin
Utilities Yard
Roof
Roof
Bldg 1-23 81 19-RTU2
Package HVAC Unit
Building 1-Admin
Utilities Yard
Roof
Roof
Bldg 1-23 81 19-RTU3
Package HVAC Unit
Building l -Admin
Utilities Yard
Roof
Rao!
Bldg 1-23 81 26-SSACI
Split System A/C with Furnace
Building 1-Admin
Utilities Yard
Grounds
Grounds / Star i ge Hall
Bldg 1-23 81 26-SSAC2
Split System A/C with Furnace
Building 1-Admin
Utilities Yard
Grounds
Grounds / Managers Utility Room
Bldg 1-23 81 26-SSAC3
Split System A/C with Furnace
Building I -Admin
Utilities Yard
Grounds
Grounds / Stardage Hall
Bldg 2
Package HVAC Unit - Gas
Building 2
Utilities Yard
Roof
Roof
Bldg 2
Package HVAC Unit - Gas
Building 2
Utilities Yard
Roof
Roof
Bidg 3.23 81 19-RTUI
Package HVAC Unit
Building 3
Utilities Yard
Roof
Bldg 3-23 81 19-RTU2
Package HVAC Unit - Gas
Building 3
Utilities Yard
Roof
Bldg 3-23 82 39-UH
Heating Unit - Gas
Building 3
Utilities Yard
1st
Bldg 4-23 81 19-KTU
Package HVAC Unit - Gas
Building 4
utilities Yard
Roof
Roof
Bldg 4-23 82 39-UH
Heating Unit - Gas
Building 4
Utilities Yard
1st
Office bay
Bldg 5.23 81 194UU
Package HVAC Unit - Gas
Building 5
Utilities Yard
Roof
hoof
Bldg 5-23 82 39-UH1
Heating Unit - Gas
Building 5
Utlldt s Yard
1st
Shop
Bldg 5-23 82 39-UH2
Heating Unit - Gas
Building 5
Utilities Yard
1st
Stop
Bldg 5-23 82 39-UH3
Heating Unit - Gas
Building 5
Utilities Yard
101
Shop
Bldg 6-23 81 19-RTU
Package HVAC Unit - Gas
Building 6
Utilities Yard
Roof
Roof
Bldg 8-23 34 01-EF1
Sidewall Exhaust Fan
Building 8
Utilities Yard
1st
Pump Roan
Bldg 8-23 34 01-EF2
Sidewall Exhaust Fan
Building 8
Utilities Yard
1st
Pump Room
Bldg 8-2-3 34 01-EF3
Sidewall Exhaust Fan
Building 8
Utilities Yard
1st
Chemical Room
Bldg 8.23 34 O1-ET4
Sldewall Exhaust Fan
Building 8
Utilities Yard
1st
Chemical Room
Bldg 8-23 34 01-M
Sick —all Exhaust Fan
Building 8
Utilities Yard
19
Tank Raam
Bldg 8.23 34 01-EF6
Sldewall Exhaust Fan
Buildirg 8
Utilities Yard
]st
Tank Room
Bldg B-23 34 01-EF7
Sidewall Exhaust Fan
Building 8
Utilities Yard
]st
Bldg B-23 34 01-fF8
Sldewall Exhaust Fan
Building 8
Utilities Yard
1st
Bldg B-23 81 19-RTUl
Package HVAC Unit
Building 8
Utilities Yard
Roof
Roof
Bldg B-23 81 19-RTU2
Package HVAC Unit
Building 8
Utilities Yard
Roof
Roof
Bldg 8-23 Bl 26-SSACI
Split System A/C
Building 8
Utilities Yard
Roof
Roof
Bldg 8-23 81 26-SSAC2
Split System A/C
Building 8
Utilities Yard
Roof
Hoof
Bldg 8-23 82 39-UH
Heating Unit
Building 8
Utilities Yard
1st
Bay 8
Area Served
She/Copacfty
Make
Model
Serial
Recorded Install Date
2nd floor offices
4Ton
Carrier
50HOQ005-B601
2496G20084
1996
2nd floor offices
3Ton
Day&Night
PHD336000OOC1
C141019766
2014
2nd floor offices
2Ton
Day&Night
PHD3240001(OODCI
C142109755
2014
1st floor spaces
2Ton
fund
UAKA-0241A2
58B2F110106233
2001
1st floor Managers area
3 Ton
Goodman
GSH130361CR / F94ANF036
1201010137 / 0696AI1721
2012
1st floor spaces
3Ton
Day&Night
N4A535GKC101/ ACE36A2414SL087
E153703002
2015
SCADA Office
Day&Night
PGD4240401(001E1
C180118905
Starm Drain Office
York
PCG4A240502XIA
WIM5142859
5 Ton
Carrier
50HJQ006-0521
3307G20574
2007
East offices
2TW
Day &Night
PGD324040KOO1CI
C123D20155
2012
Lennox
Offices/Shops
2Ton
Bryant
577CNWC22404ONATP
1219C44973
2017
Lennox
Offices
2Ton
Carrier
49VGNE360603OTP
152IF50561
2004
ReVerber-Flay
Re-Verber-Ray
R,Vcrbcr-Ray
Offices
2Ton
Day &Night
PG0324040KOOICI
C140816762
2014
Greenheck
Greenheck
Greenhedc
Greenback
Greenhedc
Greers eck
Offices
2Tan
Day &Night
PHD424000KOOOFI
C170123777
2027
West offices
3Ton
York
PHE4836418
WIF9026316
2019
2 Ton
Samsung
US24A2RC
PlAR200238
2002
Electrical Room
1 Tan
Hitachi
RAC-09UHV
Bay 8A
Dayton
10-23
JFM Smart ID
Asset Description
Building Name
Building Category
Floor
Location
Area Served
SWCapadty
Make Model
Serial Recorded Install Date
BB SC A-23 82 39-HP1
Split System Heat Pump
Back Bay Science Center - Bldg A
Public Works Department
Grounds
lab ceiling
tab
5 Ton
Carrier 38YXA-060
2007
BB SC A-23 82 39-HP2
Split System Heat Pump
Back Say Science Center - Bldg A
Public Works Department
Grounds
Lab ceiling
lab
4 Ton
Carrier 38YXA-048
2007
BB SC A-23 82 39-HP3
Split System Heat Pump
Back Bay Science Center - Bldg A
Public Works Department
Grounds
Lab ceiling
lab
5 Ton
Carrier 38YXA-060
2007
BB SC B-23 82 39-HP/FC4
Split System Heat Pump
Back Bay Science Center - Bldg B
Public Works Department
Grounds
Overhead
Training
5 Ton
Carrier FK4DNB006 / 38YXA-OW
1806AB3428 2007
BB SC B-23 82 39-HP/FC5
Split System Heat Pump
Back Bay Science Center - Bldg B
Public Works Department
Grounds
Overhead
Training
5 Ton
Carver FK4DNB006 / 38YXA-060
1806A83430 2007
BB SC C-23 82 39-HP6a
Split System Heat Pump
Back Bay Science Center - Bldg C
Public Works Department
Grounds
Office ceiling
Offices
5 Ton
Carrier 38YXA-MO
2007
BB SC C-23 82 39-HP6b
Split System Heat Pump
Back Bay Science Center - Bldg C
Public Works Department
Grounds
Office ceiling
Offices
3 Ton
Carrier 38YXA-MO
2007
BB SC C-23 82 39-HP7
Split System Heat Pump
Back Bay Science Center - Bldg C
Public Works Department
Grounds
Office ceiling
Offices
5 Ton
Cartier 38YXA-060
2007
10-24
UNIT
Manufctr
MODEL NO.
SERIAL#
11/17/11 FILTERS
Org. BELT
THERMOSTAT LOCATION
FLOOR
AC-01
Carrier
48HJD-005-601
2293G888118
2-16X25X2
A-36
Traffic Office
Upper
AC-02
Carrier
48HJD-008-601GA
2393G93368
4-16X20X2
A-48
Jail - Adult
Lower
AC-03
Carrier
48SS-0300-40-301
4093GO0449
1-16X25X1
DD
Explorer Office
Upper
AC-04
Carrier
48HJD-006-621
4393GO0696
2-16X25X2
4L-38
Lobby
Upper
AC-05
Carrier
48HJD-006-621
4393GO0701
2-16X25X2
A-34
Records
Upper
AC-06
Carrier
48HJD-008-600
2193G83103
4-16X20X2
A-48
Gym
Lower
AC-07
Carrier
48HJD-006-621
4393GO0700
2-16X25X2
4L-38
Lunch Room
Lower
AC-08
Carrier
48HJD-006-621
4393GO0697
2-16X25X2
A-37
Detectives #2
Upper
AC-09
Carrier
48HJD-008-600
2193G83104
4-16X20X2
A-48
Auditorium
Upper
AC-10
Carrier
48SS-0300-40-301
4093GO0451
4-12X20X1
DD
Detective Captain
Upper
AC-11
Carrier
48HJD-012-611GA
3093G34021
1-16X25X1
A-51
Men's Locker Rm
Lower
AC-12
Carrier
48HJD-006-621
4393GO0702
2-16X25X2
A-36
Community Relations
Upper
AC-13
Carrier
48HJD-005-601
2493GO1374
2-16X25X2
A-36
Chiefs Secretary
Upper
AC-14
Carrier
48SS-0240-40-301
4093GO0396
1-16X25X1
DD
Chief
Upper
AC-15
Carrier
48SS-0300-40-301
4093GO0453
1-16X25X1
DD
Executive Officer
Upper
AC-16
Carrier
48HJD-055-601
2693G12112
2-16X25X2
A-36
Computer Section
Upper
AC-17
Carrier
48SS-300-40-301
4093GO0444
1-16X25X1
DD
Video Office
Upper
AC-18
Carrier
48HJD-005-601
2493GO1371
2-16X25X2
A-36
Briefing Room
Lower
AC-19
Carrier
48HJD-005-601
2393G93253
2-16X25X2
A-37
Narcotics
Upper
AC-20
Carrier
48HJD-005-601
2293G88114
2-16X25X2
A-36
Detectives #1
Upper
AC-21
Carrier
48HJD-005-601
2293G88113
2-16X25X2
A-36
Computer Server Rm
Upper
AC-22
Carrier
48SS-0300-40-301
4093GO0442
1-16X25X1
DD
Data Entry
Upper
AC-23
Carrier
48HJD-006-621
4393GO0698
2-16X25X2
A-34
DOC - Alarms
Upper
AC-24
Carrier
48HJE-004-611
3593GO1806
2-16X25X2
A-39
Watch Commander
Upper
AC-25
Carrier
48HJD-005-621
4593GO1073
2-16X25X2
A-36
Dispatch
Upper
AC-26
Carrier
48HJD-008-601GA
2393G93369
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Lower
AC-27
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Upper
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Upper
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COP Conf. Rm
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ADDITIONAL AREAS
Deputy Chief
ACO Office
Rec. Suprvsr, Copier
Photo & CSI
Lunch Store Rm, Poly
Det. Lt, Conf. Rm
EOC
Detective Secretary
Chiefs Break Room
PSU & Hallway
Hallway
Library
Personnel
CSU
Copier, Electrnics, DA
Dispatch Supervisor
Sgts Ofc, Report Writing
Traffic Break Room
Jail Office
Traffic Conf. Rm
SS Lt, FSFM
Telephone Room
10-25
1FM Smart ID
Asset Description
Building Name
Building Category
Floor
Location Area Served
Site/Capac Make
Model
Serial
Animal Shelter
Heating Unit - Gas
Animal Shelter
Police
Grounds
Hallway
Offices
York
TLSE10002OUH11A
W2D1925135
Animal Shelter
Split System A/C
Animal Shelter
Police
Grounds
Outside
Offices
York
YCS48821SA
W2H139O583
Animal Shelter
Split System A/C
AnlmalSholter
Police
Grounds
Outside
Dog Run
Samsung
AMD53TXMDCH
BCZQP3GR3O0006A
Animal Shelter
Split System A/C
Animal Shelter
Police
Grounds
Outside
Cat Room
Mitsubishi
MUZ-JPO9WA
1ZCO9630
Recorded Install Date Associated Equipment Associated Make Associated Model
2023
2023
2023 Fan Coll AM054JNHDCH 0R4SPALT1ODDO1A
2023 Fan Coll MSZ-JPO9WA
10-26
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Fir. Statlors.2
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Fir. Sblion 12
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Package HVAC Unit - Gas
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Fire Stations
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Fir* Statims
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Fir, Rations
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Fir. Stations
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Split System AIC with Fumaea
Fir. RatlonAS
Fir. Stations
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Split System A/C with F-
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Fir. Stations
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10-27
Pointe
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June 23, 2024
cQ
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e e Contro E S,'
City of Newport Beach, California
592 Superior Ave, Building A
RFP 24-73 On -Call Maintenance and Repair Services City wide
Due June 25, 2024, before 3PM
Attention: Kyle Brodowski, Superintendent
kbrodowski@newportbeachca.gov
Harbor Pointe Air Conditioning & Control Systems, Inc., located at 720 South Richfield Road, Placentia, CA 92870 is
pleased to submit our quote for HVAC System Repair and Maintenance Services for the City of Newport Beach. Our
office phone number is 657-275-9188, which also provides access to our on -call after hours services.
The objective outlined in the scope of work includes maintaining, repairing and documentation of the HVAC assets
of the City of Newport Beach, following procedures, notifying Facilities Management of repairs for authorization, or
quoted proposals, as well as recommending repair verses replacement based on equipment's overall conditions and
industry changes, all while staying within operating budgets.
Maintenance is performed under the City's guidelines included in the scope of work provided, industry standards,
manufacturer's guidelines, and Harbor Pointe's standards of excellence. Within HVAC maintenance, we have found
it necessary to analyze both the interior and exterior environmental aspects of the building to provide a comfortable
environment with healthy air. Some of the simplest aspects of maintenance such as changing the filter each quarter
and the belts annually is just the beginning of maintenance during the warmer months. Clearing rooftop drain lines
to the ground floor drain, cleaning coils each visit, and to truly inspect the air conditioning cycle components as well
as electrical and mechanical components is needed to meet the demands of the equipment. quarterly maintenance
is to visually inspect, run check, tighten belts, secure loose or exposed wires, and tighten or replace screws. Knowing
the machine is part of Harbor Pointe's commitment to serving its clients. Every effort is made to address a potential
problem with attention to detail, identifying a minor repair before it becomes a major expense. All company
personnel understand that providing a thorough inspection of every hvac unit is vital to keep repairs to a minimum.
As service calls do occur, the calls are acknowledged by our office for dispatch to a service mechanic working locally.
Facility Management can expect to be informed throughout the entire repair process; this includes mechanics arrival,
initial findings, providing a quote, and job completion. Harbor Pointe does its best to minimize the down time by
responding within four hours. Emergency calls are within two hours. If the call is received late in the day, an
evaluation of outside air temperatures and approvals to respond will be requested. We understand a fire station is
also a residence for the firefighters on duty, so comfort is always needed, and we respond 24/7/365. Upon arrival
we check in with the captain, gather further information and proceed to inspect the equipment for the services
needed. Harbor Pointe works for its clients in the service of others.
Harbor Pointe holds a C-20, C-38, and C-4 license with the state of California. We are celebrating 35 years in business
as a trusted business in the HVAC industry providing Service, Installations, Energy Management, Retrofitting, and
Maintenance within the industry. Our success is through building professional relationships with integrity and our
responsiveness tailored to the individual needs of each client. Our mechanics receive their education through Union
Local 250 Steam -Refrigeration -Air Conditioning -Pipe Fitters. We are a prevailing wage corporation registered with
the DIR as well as Disabled Veteran Business Enterprise, and Minority Business Enterprise. As a business oriented
720 South Richfield Road • P6xentia • CA. 92870 • License Np, 683516
Office: (657)275-9188 1-800 377--7911
10-28
Harbor
.J rr
efe Control S s�
towards serving others, we regard the mechanics on our team as the most important asset. We strongly encourage
continual education either through the union, a manufacturer, or technical certification classes to stay current on
the changing technology within the industry. We perform all work, we do not sub -contract our work. Harbor Pointe
has experienced little turnover in the years. Our Senior Mechanics have been with Harbor Pointe for more than
fifteen years. We strive to provide a healthy work environment and value each member of the organization.
Harbor Pointe primarily services commercial, medical, institutional and municipal buildings. We have expertise in
large systems including Central Plant Chiller operations and Control Systems, Our Service Department is
computerized for dispatch, equipment history and maintenance schedules on each piece of equipment. We serve
local, state and federal government agencies. Prevailing wages, certified payroll, safety compliance, and background
checks are a part of our everyday business.
Response is what to expect from Harbor Pointe. Our team responds quickly and effectively, ensuring client comfort,
quality and fair pricing are the primary goals we strive for each day. Our maintenance and service managers work
with each facility in tailoring and implementing their maintenance program to increase efficiency and extend the life
of the equipment. Our Installation department manages both new and retrofit installations from start to finish with
professionalism and prompt completion of each job. We also offer alternate support such as water treatment, piping
insulation and rental of portable air conditioning equipment from one ton to temporary chillers.
Harbor Pointe provides safe working conditions for all employees and promotes safety awareness at all levels.
Harbor Pointe recognizes its responsibility to offer a place of employment safe for all employees, to provide safety
devices and equipment, mechanical safeguards and to maintain and enforce a program to fulfill this responsibility.
Harbor Pointe carriers liability and workers compensation and pollution insurance that meets or exceeds the
requirements.
Harbor Pointe understands the Request for Proposal is valid for a period of 180 days,
We thank you for considering Harbor Pointe for your HVAC needs, f
Al
Az:
Greg z Sammi Perez
Pres t/CEO CFO/Operations Manager
720 South Richfield Road • Pfacentia • CA 92870 • License Np. 683516
Offim (657) 275-9188 • 1-800-377-7911
10-29
c-
Background
��ioTyir�
ZISIMI'm
r-
er' Contra[ 5�
Thirty-five years ago, Harbor Pointe began with three Service Agreements and a background in Institutional HVAC
controls, having been employed by the HVAC industry leaders of the day: Honeywell, Barber Coleman and MCC
Powers as well as experience in HVAC problem solving dating back to 1974. We have steadily grown each year to
twelve dedicated employees who value our clients as much as we do and approximately 150 accounts where we
service and maintain HVAC and Refrigeration equipment. We specialize in institutional, municipal, and commercial
facilities.
From the beginning, Harbor Pointe's employees were Union trained but it was not until 2007, we rejoined the Union
to provide our younger mechanics with further education and skills we felt they could only receive as graduates of
the union apprenticeship and journeyman programs.
Harbor Pointe has worked in all facets of the HVAC industry. We are trained and certified in controls from
Pneumatics, Carrier VVT and on into the modern era of Metasys and Pelican control systems. We are problem solvers
dedicated to our client's comfort and their building operations while maintaining the awareness to being cost
effective and budget minded.
Work Plan
Harbor Pointe takes the maintenance guidelines that are in the scope of work provided and implements these
requirements into the work orders generated for the scheduled Maintenance. We utilize off season scheduling to
perform annuals on equipment: Late Winter/Early Spring HVAC Annuals including belt changes and coil cleaning
assist in efficiency and prolonged life.
Understanding and providing tracking notification movement within a multi -location operation such as a city
provides Facilities Management the awareness of the contractor's presence at the various buildings. The fire stations
are treated as a residential service call, the firefighters want that residential respect given to the stations with
regards to knowing who to expect in their fire house and what service is being provided.
Maintenance schedules will be provided in advance to Facilities Management to inform onsite representatives of
pending work scheduled to take place. We will also tali/email ahead of the mechanic to provide awareness of Harbor
Pointe's pending presence. Should fire station personnel be out on a call, arrangements can be made for
rescheduling should it be determined by Facilities Management when contacted.
When calls for repair service are placed, we notify all involved in the request for service of our movement towards
them. Upon arrival, we check in with on -site representative or Facilities personnel and review the call for service. At
times, we need to speak with the person making the request to have a clear picture of what was experienced and
noted in the mechanics work order. Harbor Pointe inspects the unit or area involved then contacts Facility
Management with our findings. We quote repairs as required and proceed with repairs once approvals are received.
We keep the Facilities Manager advised of the repair status. Upon completion, a written report is provided at check
out with personnel for signatures. Any additional findings are reported to Facilities Management as required.
720 south Richfield .Road * �Pfaeentia CA 92870 • License No. 683516
Offiee• (657)275-9188 • 1-800-377-7911
10-30
•
Harborr
o t�
ing c5- Contra
Approach and Strategy
Harbor Pointe's approach is to follow the professional protocol specific by the City of Newport Beach's standards
and guidelines set forth in the scope of work as well as industry standard for maintenance, service call repairs, and
installations. We are prepared with a qualified team who provide outstanding service. Our goals start with
communication. Our service procedures begin with the point of contact at Facilities Management. Mechanics are
notified and review equipment notes. There is further communication after inspection of equipment in order to
provide cost effective solutions with professional repairs or installations. The same communication is provided
during maintenance care procedures to minimize mechanical failures. Service is written up and briefly reviewed with
the onsite personnel in order to close the job with signatures. We utilize computerized service orders so that clients
who are not on -site can have service orders emailed to them for review. Once complete, service orders are processed
and invoiced in the office.
We understand the need to exercise all efforts to minimize interference with regards to our services being performed
and the normal activities of the city facility. We report to Facilities Management, and we act under their
authorization to proceed. Should there be questions regarding services from other city personnel, we will pass the
information back to Facilities Management and await their direction with how we are to respond. At all times the
city's chain of command is respected. We understand that maintenance services are to be performed during regular
business hours of the city unless specified.
Maintenance and inspections are performed every thirty or ninety days as stated in the RFP in accordance with
industry standards and manufacturer's specifications. Belts are inspected and tightened each quarter and replaced
in the spring or as needed. Coil cleaning is scheduled each visit to increase the efficiency of the machinery and reduce
salt build up on the equipment. A schedule of maintenance routes will be provided for review and approval. The
City of Newport Beach will be assigned a team of seven mechanics to work together on the equipment. Our
mechanics have the experience required to execute the prescribe tasks and make necessary recommendations for
all repairs. Harbor Pointe's personnel are well trained in controls and all aspects of HVAC to serve their clients.
HVAC Maintenance
Maintenance is more than filters and inspection. It is a proactive response to preventing downtime in all instances
of application in reference to comfort, equipment, processing, and product cooling. It is during maintenance that
items of concern are notated and can be addressed before a potential failure occurs. Unit components, operations
and functions are tested and inspected, visuals for oil, refrigerant leaks, potential leaks/clogs are also noted and
followed up at that time with Facilities Management for further service approval. Harbor Pointe Mechanics with five
or more years of experience perform the maintenance. They will address the issues found upon approval, eliminating
many of the service calls for equipment at all facilities. We eliminate the corporate idea of sending another mechanic
out for further diagnostic and repair which adds to costs and delays.
720 South 1 jchfie(d mud • Placentia • CA 92870 • Licima No. 683516
Office: (657)275-9188 + 1-800 377-7911
10-31
Harbor
Service Calls/GPS Tracking
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Service calls are received by phone or by e-mail depending on the client. The office takes information from the client,
enters it into the computer and dispatches the mechanic to respond. Daily, we have service mechanics whose
workload is structured for service call responses within two hours. We have utilized computer GPS tracking for
almost twenty years to give a quick visual on all mechanics location and movements throughout the day.
Emergency Response
Whether before, during or after hours, a call placed to Harbor Pointe is responded to immediately. The closest
Mechanic is notified through a computerized dispatch and receives a follow up call with additional information and
confirmation of arrival. The client is contacted with confirmation that the mechanic will be arriving usually within
the hour. Depending on the situation, additional mechanics are notified and are on stand-by in case they are needed
to assist.
Some of our clients prefer to call directly to the mechanics in emergency situations. The mechanic contacts the office
for clearance to respond or to assign another mechanic if they are not able to clear their present job. We want our
clients to feel we are here for them.
On -Call After Hours Response Time
Our on -call response time is under two hours. The mechanics take their On -Call rotation seriously and arrange their
evenings and weekends to be noncommittal in their off hours. To support our clients during the peak seasonal
fluctuations we add additional mechanics to the rotation. As excessive temperatures dictate, office staff will come
in on weekends or stay late to ensure calls receive our personal care,
Availability
Harbor Pointe is available 24/7/355. Our Mechanics start their day at 7 a.m. depending on the work for the day or
as late as 9 a.m. to cover late service calls. The office opens at 8:00 a.m. unless weather conditions warrant the staff
to be onsite earlier or stay past S p.m.
Quality Assurance
Quality Assurance is approached two ways. First, Harbor Pointe's senior mechanics and owners will periodically
inspect job sites in the course of their day. Secondly, maintenance routes are periodically changed so that fellow
mechanics are checking on one another. Quality assurance includes communication with the client, inspecting work
performed, a clean work area and service report documentation.
Warranty and Guarantees for Services Provided
Harbor Pointe wants our clients to be completely satisfied with our services. We stand by our work. We warranty
our labor on small repairs items for 90 days, and compressor or motor replacements and installations for one year.
720 South R.ichfidd 7toad • PCacentia • CA 92870 • License Np. 683516
Office.- (657)275 9188 • 1-800-377-7911
10-32
Ayr ---a
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Harbor Pointe's warranty for parts is the manufacturer's warranty. Compressors and motors are at least one year
while some compressors will be up to five years. New installs are warrantied for a year on parts and labor. Extended
warranties are available at the time of installation as well.
We know how important the HVAC is in any business setting. Should there be any questions as to the warranty from
the manufacturer, we will always return the client to full operations with complete satisfaction and handle all issues
with the Manufacturer. An operating system is the primary goal. Your satisfaction and the quality of our work is what
matters to us.
General Requirements
Harbor Pointe can meet and exceeds in all the performance, service, repair, and technical requirements. We have
included in this proposal the resumes of the mechanic that would be addressing the daily needs of the City of
Newport Beach. Our vehicles bear our logo. The mechanics are dressed in professional button-down shirts with the
Harbor Pointe logo and their name above the pocket. Harbor Pointe works with the City in order to fully serve the
needs of each building and critical areas within the buildings.
720 South Richfield Road • Awentia • CA. 92870 • License JP. 683516
Office: (657)275-9188 1-800 377-7911
10-33
EXHIBIT B
SCHEDULE OF BILLING RATES
Harbor Pointe Air Conditioning & Control Systems, Inc. Page B-1 10-34
COST FILE
Section 1: Monthly/Quarterly Preventative
Maintenance Pricing
COST FOR
COST FOR
TOTAL
ANNUAL
CITY FACILITY
ADDRESS
MONTHLY
MAINTENANCE
QUARTERLY
MAINTENANCE
MAINTENANCE
COST
Corporation Yard
592 Superior Ave
$
$
C(�'1�.c4
Utilities Yard
949 W. 161" St
$ ,2,�5,� .,
$
0
Back Bay
Science
600 Shellmaker Rd
$ j
f _ �Z,Q
$
Police Dept. HQ
870 Santa Barbara
Ave
$
2�l5Z:i2
$
1 "1�1C•L�Ch
Animal Shelter
20282 Riverside Dr
$ 1
$
Fire Station # 1
110 E Balboa Blvd
$ --�a 1�
$
Fire Station # 2
2807 Newport Blvd
$ _1 7 2
Fire Station # 3
868 Santa Barbara Dr
$
Fire Station # 4
124 Marine Ave
$
'3
Fire Station # 5
410 Marigold Ave
$
$
22i
Fire Station # 6
1348 Irvine Ave
$ , 2
$
,
Fire Station # 7
20401 SW Acacia St
$
$
.
Fire Station # 8
6502 Ridge Park
Lifeguard HQ
70 Newport Pier
$ 3 l5 G
$
Jr Lifeguard
Building
901 East Ocean Front
$ r ,
15� . 2
$
1 P.46
CDM Lifeguard
HQ
3029 Ocean Blvd
$
"T�, lZ
$
������
Total for all Facilities
$ �
'
$ �� U Z
��
$�
,12
10-35
COST FILE
Section 2: On -Call Repair Services Pricing
"For purposes of the project costs score, on -call will be estimated at 100 hours annually
UNIT
MINIMUM HOURS
COST
Labor Charge
Hours
$ Per Hour
After Hours Labor
(To be used for work
performed after 4:30 PM
$ Per Hour
Monday — Thursday, after 3:30
_Hours
PM on Fridays, and all of Sat.,
Sun., and holidays.
Replacement Equipment,
Parts, Materials, and
Equipment Rentals Markup %
(Maximum 15%)
CPI ADJUSTMENT: Billing rates may be given up to a 2% annual CPI increase upon the first
anniversary of the contract and each anniversary thereafter. The City intends to award a five (5)
year agreement term, subject to City Council approval.
Sample Project: See sample project attachment.
Other Costs: In the space below, please indicate if other costs/services may be associated with
providing the requested services in this RFP that are not included in the tables above. The costs
provided in this section may be used to assist in the determination of the contract award. If the
"Yes" box is checked, separate page(s) must be attached as part of the Cost File.
Yes No
10-36
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-1 10-37
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-2 10-38
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-3 10-39
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-4 10-40
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 Harbor
Pointe Air Conditioning & Control Systems, Inc. hereinafter designated as the "Principal,"
an agreement for maintenance and/or repair services, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the Califomia 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.
Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-1 10-41
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
Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-2 10-42
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
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.
(seal)
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)
Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-3 10-43
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 Harbor
Pointe Air Conditioning & Control Systems, Inc. hereinafter designated as the "Principal,"
an agreement for On -Call HVAC Maintenance and Repair Services Citywide, 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 undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's 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
Harbor Pointe Air Conditioning & Control Systems, Inc.
Page E-1
10-44
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
LIM
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Harbor Pointe Air Conditioning & Control Systems, Inc.
Page E-2
10-45
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)
Harbor Pointe Air Conditioning & Control Systems, Inc.
Page E-3 10-46