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Honeywell - HVAC Maintenance and Services (2018)AGREEMENT FOR SERVICES (For contracts over $5,000 — NON -DESIGN, NON -ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 1 st day of October, 2018, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Honevwell International Inc, having a principal place of business at 1099 Sneath Ln, San Bruno, CA 94066. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on November 1st, 2018 and will continue in effect through February 28th, 2019 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement s all terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY' S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in Exhibit "C" ("Milestone Schedule"). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835-2267-0361 v1 LAC104706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONTRACTOR exceed $66,000.00. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 4815-6790-99580 _2_ MBRANSON104706038 ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY' S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. 4815-6790-9958v1 _3 MBRANSON104706038 F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf, • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. G. Prevailing Wage CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. CONTRACTOR shall ensure that all assistants and/or subcontractors are informed of any comply with any requirement to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assigmnent shall not release CONTRACTOR from any of CONTRACTOR'S duties. or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the ,option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY 4815-6790-99580 _q _ MBRANSON104706038 termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. S. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and/or timely perform any. of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (.30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. 4815-6790-9958u1 MBRANSOM04706038 -5- ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. 4815-6790-99580 _6_ MBRANSON104706038 F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY. and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial_ information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. 4815-6790-99580 _7_ MBRANSW04706038 L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: Honeywell International Inc. CITY OF GILROY B .� B _ _....._.y�\ ame: �""�� y �� Name: Gabriel A, Gonzalez Title: Title: City Administrator C _ Social Security or Taxpayer Identification Number 22-2640650 Approved as to City Attorney 4835-2267-0361v1 1AC104706083 "8" EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Mark Timco, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed", which Notice to Proceed shall be in the form of a written communication. from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Walter Dunckel shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ("Notices") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835-2267-0361 v1 LAM04706083 Direct expenses are charges and fees not included in Exhibit `B". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well -organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835-2267-03610 _2_ LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps; calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835-2267-03610 _3 LAC104706083 H. NOTICES. Notices are to be sent as follows: CITY: Walter Dunckel City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Mark Timco Honevwell International Inc. 1099 Sneath Lane - San Bruno, CA 94066 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay. any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835-2267-0361 v1 _4_ LAM04706083 EXHIBIT "B" SCOPE OF SERVICES SCOPE: Contractor shall maintain the mechanical systems, components, and hardware listed on ATTACHMENT D — Included Buildings and Equipment. MECHANICAL MAINTENANCE SERVICE: Mechanical Maintenance Services will include all labor, equipment, tools, component repair and replacement, parts, materials, belts, filters, etc. necessary to maintain and repair listed mechanical HVAC equipment. Mechanical Services shall include: 1.2 Preventive Maintenance — Each preventive maintenance call will be scheduled on a regular basis and shall include a list of tasks to be performed. Maintenance intervals shall be determined based on equipment run-time, application, location, maintenance experience, and manufacturer's specifications according to best practices. Each preventive maintenance service will be documented on a report detailing what tasks were completed and listing parts, supplies and components were used. 1.2 Predictive Maintenance — Perform system analysis & monitoring on equipment to detect early signs of deteriorating performance and predict potential equipment failures. Take corrective action. 1.3 Component Repair and Replacement — Repair or replace worn/failed components and parts at no additional charge. 1.4 Operational Analysis — Analyze condition of equipment and review operational programs required to minimize operating costs, reduce energy consumption, and accommodate changing needs. 1.5 Emergency Service — Provide emergency service for mechanical equipment as needed with a maximum four-hour response time. 4835-2267-0361 v1 LAM04706083 EXHIBIT "C" MILESTONE SCHEDULE This is a four month contract beginning November 1, 2018 and will continue in effect through February 28, 2019. 4835-2267-03610 LACk04706083 EXHIBIT "D" PAYMENT SCHEDULE Payment for mechanical services will be made within 30 days of receipt of monthly invoices. 4835-2267-03610 LAC104706083 HVAC SERVICES No. 14-RFP-ASD-372 ATTACHMENT D - INCLUDED BUILDINGS AND EQUIPMENT 1 CHESTNUT FIRE STATION 7070 Chestnut Street LOCATION CITY COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 A/C-1 Roof 1 Gas/Electric A/C 5 Ton RUUD URKA-A036CKDBX 1R5813ADAAF3701-12004 2 A/C-2 Roof 1 Gas/Electric A/C 4Ton Day & Night PGD348090HDO1C1 C100545597 3 A/C-3 Roof 1 Gas/Electric A/C 5 Ton Day & Night 585HBW060100A 1587C57801 4 Garage 2 gas heaters Reznor S A/C-4 Roof 1 Gas/Electric A/C 4 Ton Day & Night 585HJW048080ABAF 0487C56164 6 A/C-5 1 Gas/Electric A/C 6Ton Carrier 4BTlDO06-511GA 3799G20636 7 Thermostats all 2 CHRISTMAS HILL PARK TEMPORARY ENVIRONMENTAL EDUCATION CENTER 7049 Miller Avenue LOCATION CITY COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 Outside 1 Condensing Unit Rheem RPKA-042JA2 5506 M2196 14618 Mfg 5/96 I 2 Outside 1 Condensing Unit Rheem RPKA-018JA2 5343 M0896 12763 Mfg 5/96 I 3 Utility Closet 1 Fan Coil Unit Rheem RBHA-21J10 SHBA TM4295 8967 Mfg 5/96 I 4 Utility Closet 1 Fan Coil Unit Rheem RBHA-14J05 SHBA TM4295 6901 Mfg 5/96 3 CITY HALL 7351 Rosanna Street LOCATION CITY .COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 FC-1 Parks/Rec 1 AHU Supply Fan 3 Hp McQuay LSL108CH 3JM0008104 2 CU-1 1 OX Cooling 8 Ton Lennox 3 FC-6 Park/Rec Ceiling 1 AHU Supply Fan 2 Hp Magic Air 90BHX-4 4 CU-6 Roof 1 Cond. Unit 30 Ton Trane TTA898A E29790871 5 P-1 Boiler Room 1 Pump 15 Hp B & G 1531-11/4 RB 8 1/4 BF 6 Boiler Room 1 Boiler/Water-Gas I850,000 BTU Rite 85 9022280 I 7 P-2, P-3 Boiler Room 2 Hot Water Pumps & Motor 10.5 Hp B & G 71-233581 80338 I 8 CU-3 Mech Pad 1 Recip Compressor 17Ton Carrier 07DB215-600 N017-998 I 9 FC-3 Cncl Chmbrs 1 AHU Supply Fan 5 Hp McQuay LSL111CV 3JM00-08304 10 Mech Pad 1 Cooling Tower 30TOn Evapco LSTA463 8332181 11 2 B75 Belt Condenser Pump 5 Hp B & G 1510 H004481 Basic Pkg A/C Unit 2 Compressors @ 5 Ton cooling 12 AC-1 Roof 1 only (Belt A-45) 1OTon Trane TCD090D4-DOAA F4914-2287D 13 RE-12 Central Mezz 1 Vaneaxial Fan Motor 3 Hp New York Blower U8796105 size 33 14 FC-2 Central Mezz 1 AHU Supply Fan 10 Hp McQuay 15 CU-2 Central Mezz 1 Recip Compressor 32 Ton Carrier 07EB033-610 K9540-013 16 TCP-6 Boiler Room 1 Control panel I Alerton/Syserco 17 Council Chamber 1 Control panel I Barber Coleman 18 FC-4South Mezz 2 Fan Coil Unit 10.5 Hp Carrier 40FS160-300 D811147 19 CU-SRoof 1 Condensing Unit 10Ton Trane TTA120C-400AA E3819-1677 20 CU-8 Roof 1 Condensing Unit 10Ton Trane TTA120B-400BA G3319-8940 21 FC-7 B.L.E.S. Ceiling 1 Air Handler 5 Hp �1.5 Magic Air 120-BHW-6 92094-7955 22 EEF-3 B.L.E. S. Ceiling 1 Exhaust Fan Hp Penn Centrex Rex27B 23 FC-5 Finance Ceiling 1 Air Handler 5 Hp Magic Air 120-BHX-6 24 EEF-1 Finance Ceiling 1 Exhaust Fan 1 Hp Penn BF30 25 EEF-2 Parks/Rec Ceiling 1 Exhaust Fan 0.5 Hp Penn BF24 I 26 Alerton DDC Controls are not included in maintained equipment. Alerton NOT INCLUDED 4 CITY HALL ANNEX 737C Rosanna Street I LOCATION QTY COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 Police Roof 1 Condensing Unit 4Tc❑ Carrier 38CKB04-8510 S/N1895E-17923 Basic Pkg A/C Unit 1 Compressor @4 Tons Cooling 2 Police Roof 1 only, no heat pump 4Ton Carrier 48LH006-500 5RJO-704400 Basic Pkg A/C Unit 2 Compressors, 1@20Ton, 1@25Ton cooling only; no heat 3 CH-1 Outside Chiller 1 pump 45 Ton McQuay ALR040C 5RJO-704400 Basic Pkg A/C Unit 1 Compressor @4 Tons Cooling 4 AC-1 Police Roof 1 only, no heat pump 4Ton Trane YCH086C3-HOBD K2510-0120D AHU Supply Fans Motor & 2 5 AH-1, AH-2 Police Mech 2 Coils 5 Hp each Aladdin HCI-18LS 84250 & 84251 6 B-1 Police Mech 1 Boiler water-gas/electric BTUH in out blank Rite 36 8720-530 BTUH in 399,000 7 B-1 Police Mech 1 Boiler water-gas/electric out 327,180 Raypack W1-0403B-BCDRBDA 93111-11586 8 Pneu/vlvs/actuators 15 throughout bldg various Honeywell Honeywell 9 Espansion Tank 2 chilled/hot water various i Page D-1 5 CORPORATION YARD ADMINISTRATION BUILDING 613 Old Gilroy Street LOCATION CITY COMPONENT RATING, . MANUFACTURER MODEL# SERIAL# DATE 1 1 Admin Roof A/C 1 1 3.5 Ton Trane YCC042F3MOBG 3465JIElH opr. 07/04 If 2 Admin Roof A/C 2 1 2.5 Ton Trane YCC030FlMOBJ 3481GPAlH opr. 07/04 3 Admin Roof A/C 3 1 STon Trane YSC060A4RMA18D 350100150L opr. 07/04 4 Admin Roof A/C 4 1 3Ton Trane YSC036A3RLA12D000A 350100039L opr. 07/04 5 Admin Roof A/C 5 1 1.5Ton Trane YCCO18FILOBH 3302NSR2H opr. 07/04 6 Admin Roof A/C 6 1 18Ton Trane YCD18OB4LOHB 343100983D opr. 07/04 7 EF-2 1 Exhaust Fan 1/30 H.P. D.D. Greenheck 6-065-DGEX-D 03K16448 opr.07/04 8 EF-1 1 Exhaust Fan 1/3 H.P. Greenheck 6B-131-3-X 031-20646 opr.07/04 9 EF-3 1 Exhaust Fan 1/30 H.P. D.D. Greenheck 6-075DGEX-90 031-12634 opr. 07/04 10 Zone thermostats 3 various digital Honeywell xxxxxxx xxxxxxx opr.07/04 5 CORPORATION YARD FLEET BUILDING 613 Old Gilroy Street LOCATION CITY COMPONENT RATING MANUFACTURER MODEL III SERIAL# DATE 1 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803902 opr. 07/04 2 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803809 opr. 07/04 3 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077903819 opr. 07/04 4 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803808 opr. 07/04 5 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803815 opr. 07/04 6 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803807 opr. 07/04 7 Garage 1 Exhaust Fan Belt2-AP72 Greenheck BSD-240-30-X 04A17708 opr. 07/04 8 Fleet Office 1 Split A/C EMI Ductless SHC24DF000OAAD 1-03-M-6594-49 opr. 07/04 9 Garage EC-3 1 Swamp Cooler ES830E H03150228 opr. 07/04 10 Garage EC-2 1 Swamp Cooler ES830E H03150225 opr. 07/04 11 Garage EC-1 1 Swamp Cooler ES830E J03030110 opr. 07/04 6 LAS ANIMAS FIRE STATION 8383 Wrer Avenue _ LOCATION CITY COMPONENT RATING MANUFACTURER - MODEL If SERIAL# DATE 1 Outside Cond Unit 4Ton Carrier 38G504-8300 D876-870 Hanging Heaters Window Unit 2 Garage/Weight Room cut -to -size air filter media < 1 Ton Reznor and Amcor 114ARL6Z 1638 Window Unit cut -to -size air 3 Tank Room filter media <1 Ton Carrier Fan Coil Unit, Furnace, Filter 4 Mech Room Media Carrier 58GC125-2A 17A82-349 5 Associated controls 7 LAS ANIMAS VETERANS PARK RECREATION BUILDING 400 Mantelli Drive - LOCATION QTY COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 Attic 1 Air Handler Westinghouse BM-T49K-C B5DO70612810 inst 1/08 2 Roof 1 Condensing Unit Westinghouse SBD-04815 F82-261 FTA070403533 inst1/08 3 Recreation Room 1 Thermostat White -Rodgers 8 MUSEUM 195 Fifth Street LOCATION CITY COMPONENT I RATING MANUFACTURER MODEL# SERIAL# - DATE 1 i Outside 1 Condensing Unit 5 Ton Bryant VSC13060AA 0905701070 inst 11/02 2 Inside Mech. Room 1 Gas Furnace/Fan coil 5 Ton Bryant 311JAV060155AAJA IRTH7600 3102A31215 inst 11/02 3 Inside 1 Thermostat Honeywell - Inst4/11 9 POLICE DEPARTMENT 7301 Hanra Street LOCATION CITY COMPONENT RATING MANUFACTURER MODEL# SERIAL# DATE 1 New PD A/C 1 1 McQuay RDT060CLW F80005070008302 opr. 3/07 2 New PD A/C 2 1 McQuay RDT060CLW FB0005070008402 opr. 3/07 l 3 New PD A/C 3 1 McQuay RDT060CLW F80005070008502 opr. 3/07 4 New PD EF-2 1 10 HP Greenheck 36-B1SW-21-S-10-1 5123458 opr. 3/07 5 New PD EF-1 1 10 HP Greenheck 49-B1SW-21-S-10-1 5121262 opr. 3/07 J 6 New PD EF-12 1 Greenheck SWB-227-30-CW-TH-X 5122624 opr. 3/07 7 New PD EF-16 1 Greenheck 44-B1SW-21-X-10-1 5123460 opr. 3/07 8 New PDSF-1 1 Greenheck 44-B1SW-21-X-10-1 5123461 opr. 3/07 9 New PD EF-3 1 Greenheck SWB-224-50-CCW-TH-X 5122483 opr. 3/07 10 New PD EF-4 1 Greenheck SWB-113-10-UB-1 5122486 opr. 3/07 11 New PD EF-10 1 Greenheck SWB-216-20-CW-TH-X 5122476 opr. 3/07 12 New PD EF-14 1 Greenheck SWB-210-10-CW-UB-X 5122493 opr. 3/07 13 New PD EF-13 1 Greenheck SWB-210-10-CW-UB-X 5122469 opr. 3/07 14 New PD EF-15 1 Greenheck SWB-110-5-CW-TH-X 5122484 opr. 3/07 15 New PD EF-11 1 Greenheck SWB-113-7-CW-TH-X - 5122485 opr. 3/07 16 2-Boiler 1 Boilers RayPack 239572 508239572 opr. 3/07 17 2-Taco 15 HP Pumps 110 GPM 75 ft Taco F12009E2EAJ1L0A opr. 3/07 18 vays/actuator 70 floating actuators various xxxxxx xxxxxx opr. 3/07 19 reheats/actatr 70 floating actuators various xxxxxx xxxxxx opr. 3/07 20 Expan Tank 1 various opr. 3/07 21 Alerton DDC Controls are not included in maintained equipment. Alerton NOT INCLUDED Page D-2 10 SAN YSIDRO PARK RECREATION BUILDING 7700 Murray Avenue LOCATION QT RATING ODEL# 1 (Roof ilPackage I UOMPOnit LNEENT tric iCaMANUFACTURER rrier 50NS-048n 2 Inside 1 Thermostat IHonfywell 11 SENIOR CENTER 7371 Hanna Street LOCATION CITY COMPONENT RATING MANUFACTURER MODEL#- 1 New 1 Gas/Elec A/C 4 Ton Day & night PGD44809OK801C1 2 New 1 Gas/Elec A/C 4 Ton Day & night PGD44809OKSOlCl 3 CV-5 Sr Ctr Roof 1 Condensing Unit 4 Ton Day & night 565BJ048 4 CV-6 Sr Ctr Roof 1 Condensing Unit 4Ton Day & night 5651B1048 5 CV-7 Sr Ctr Roof 1 Condensing Unit 2 Ton Day & night 565BJ024 6 CV-8 Sr Ctr Outside 1 Condensing Unit 4 Ton Day & night 565BJ048 7 HV-5 Sr Ctr Ceiling 1 Horizontal Furnace w/ DX coil 4 Ton Day & night 8 New HV-1 Roof York 1 Gas/Elec A/C 15 Ton PH150N15N2AAA3C 9 New HV-2 Roof York 1 Gas/Elec A/C DF120N15N2AAA3L 10 HV-7 Sr Ctr Ceiling 1 Horizontal Furnace w/ DX coil 2 Ton Day & night 376BAWO-24040 11 HV-6 Cr Ctr Ceiling 1 Horizontal Furnace w/ DX coil 4 Ton Day & night 376BAWO-4807 12 HV-8 Sr Ctr 1 Horizontal Furnace w/ DX coil 4Ton Day & night 376BAWO-48075 131ndpndntt"stats all 12 SUNRISE FIRE STATION 880 Sunrise Drive LOCATION CITY COMPONENT RATING MANUFACTURER MODEL# 1 Roof A/C 1 1 Gas/Pac Carrier 48GXN036060501 2 Roof A/C 2 1 Gas/Pac Carrier 48HJE005-651 3 Roof A/C 3 1 Gas/Pac Carrier 48GXN024040311 4 Roof A/C 4 1 Gas/Pac Carrier 48HJE005--651 5 Garage RoofEF-15 1 Exhaust Fan Penn D-22 6 RoofEF-16 1 Exhaust Fan Penn D-22 7 Roof CU-1 1 Split System Carrier 38HDCO24-341 8 Server Rm AHU 1 1 Ductless Cooling Carrier 40QNBO24 _ 9 Tool Rm AHU 2 1 Ductless Cooling Carrier 40QNE009100 10 Outside CU-2 1 Cooling Carrier 3813KO09130 11 Electrical Room 1 Exhaust Fan 12 Garage Front E 1 Heater Reznor UDAP75-S 13 Garage Front W 1 Heater Reznor UDAP75-S 14 Garage Back W 1 Heater Reznor UDAP75-S 15 Garage Back E 1 Heater Reznor UDAP75-S 16 Bath Ceiling 4 Exhaust Fan Penn Zephyr 17 Janitorial 1 Exhaust Fan Penn Zephyr 18 Kitchen 1 Exhaust Fan Penn Zephyr 191ndpndntT'stats all 13 . LOCATION QTY COMPONENT 1 Basement 1 Gas heaters 2 Basement 1 Gas heaters 3 Basement 1 Gas heaters 4 Basement 1 Gas heaters 1 5 Roof (MPR) 1 Package Unit Gas 6 Roof(Dance) 1 Package Unit Gas 7 Roof(Craft) 1 Package Unit Gas 8 Associated controls 14 LOCATION QTY COMPONENT 1 Outside 1 Condensing Unit 1 2 Inside Closet 1 Gas Furnace/Fan Coil 3 Thermostat 1 WHEELER COMMUNITY CENTER 2SO W. Six'h Street RATING MANUFACTURER MODEL# RUUD UGDC-07NC-GR RUUD UGDC-07NC-GR RUUD UGDC-07NC-GR RUUD UGDC-07NC-GR Carrier 488S-036060331AA Carrier 48GS-060090301 York D2CGO36NO4106A WILLEY HOUSE 140 Fifth Street RATING I MANUFACTURER BDP Co. Day & Night SERIAL# DATE I3598G43281 1 1 SERIAL# DATE C110635658 inst. 4/12 1 C111354211 inst.4/12 1 5286A-14569 1 2787A-08592 ) 2387A-11710 2187A-12950 NOD7655843 inst. 8/07 NOC7509937 inst. 8/07 I 2787C-46670 0587C-63135 3186C-83531 SERIAL # 4103G21253 4503G20120 2903G31113 3203G10267- 2403X70663 1803Y40268 3003Y40998 2903Y10521 EBC179X7H76641X EBQ79X7H76640X EBC)79X7H76644X EBCI79X7H76642X SERIAL # GN4D202F5084-2824 GN4D202FS084-2802 GN4D202F5084-2815 GN4D202F5084-2099 187G10857 0600GIO024 N BW M 103512 MODEL# SERIAL# 561CI036-D 3596EO9747 376CAV048115 1296AOB000O DATE opr. 03/03 1 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 1 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 opr. 03/03 1 opr. 03/03 1 opr. 03/03 1 opr. 03/03 1 opr. 03/03 1 DATE Mfg 2/89 DATE 1 1 1 1 Page D-3