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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 $99,000.
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
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responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
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
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CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
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, any work performed is or any workers employed relative to any
construction to be performed under this Agreement are subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of CITY and the laws
of the State of California and the United States, including, without limitation, the
California Labor Code and Public Contract Code relating to public contracting and
prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage
Laws apply to work performed or workers employed for the purpose of performing work
under this Agreement, CONTRACTOR shall fully comply with and ensure that all
workers and/or subcontractors are informed of and comply with all Prevailing Wage
Laws and specifically any applicable requirement of California Labor Code Sections
1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment
of prevailing wage rates based on labor classification, as determined by the State of
California, and the performance of other requirements on certain “public works” or
“maintenance” projects. 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.
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B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment 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
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.
B. 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.
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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.
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.
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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.
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.
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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 Michele Gonzales, 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.
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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.
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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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Attn: Walter Dunckel
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Attn: Michele Gonzales
Honeywell 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.
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EXHIBIT “B”
SCOPE OF SERVICES
Full-Service Mechanical Services to include:
Preventative Maintenance – Each preventative 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, locations, maintenance
experience, and manufacturer’s specifications according to best practices. Each
preventative maintenance service will be documented on a report detailing what tasks
were performed and listing parts, supplies and components were used.
Predictive Maintenance – Perform system analysis & monitoring on equipment to detect
early signs of deteriorating performance and predict potential equipment failures. Take
corrective action.
Component Repair and Replacement – Repair or replace worn/failed components and
parts at no additional charge.
Operational Analysis – Analyze condition of equipment and review operations programs
required to minimize operating costs, reduce energy consumption, and accommodate
changing needs.
Emergency Service – Provide emergency service for mechanical equipment as needed
with a maximum four-hour response time.
Full-Service Mechanical 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.
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CHESTNUT FIRE STATION
7070 Chestnut Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 A/C-1 Roof 1 Gas/Electric A/C 5 Ton RUUD URKA-A036CK08X 1R5813ADAAF3701-12004
2 A/C-2 Roof 1 Gas/Electric A/C 4 Ton Day & Night PGD348090H001C1 C100545597
3 A/C-3 Roof 1 Gas/Electric A/C 5 Ton Day & Night 585HBW060100A 1587C57801
4 Garage 2 gas heaters Reznor
5 A/C-4 Roof 1 Gas/Electric A/C 4 Ton Day & Night 585HJW048080ABAF 0487C56164
6 A/C-5 1 Gas/Electric A/C 6 Ton Carrier 48T1D006-511GA 3799G20636
7 Thermostats all
CHRISTMAS HILL PARK TEMPORARY ENVIRONMENTAL EDUCATION CENTER
7049 Miller Avenue
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Outside 1 Condensing Unit Rheem RPKA-042JA2 5506 M2196 14618 mfg 5/96
2 Outside 1 Condensing Unit Rheem RPKA-018JA2 5343 M0896 12763 mfg 5/96
3 Utility Closet 1 Fan Coil Unit Rheem RBHA-21J10 SHBA TM4295 8967 mfg 5/96
4 Utility Closet 1 Fan Coil Unit Rheem RBHA-14J05 SHBA TM4295 6901 mfg 5/96
CITY HALL
7351 Rosanna Street
LOCATION QTY 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 10 Ton Trane TTA898A E29790871
5 P-1 Boiler Room 1 Pump 5 Hp B & G 1531-1 1/4 RB 8 1/4 BF
6 Boiler Room 1 Boiler/Water-Gas 850,000 BTU Rite 85 9022280
7 P-2, P-3 Boiler Room 2 Hot Water Pumps & Motor 0.5 Hp B & G 7L233581 80338
8 CU-3 Mech Pad 1 Recip Compressor 17 Ton Carrier 07DB215-600 N017-998
9 FC-3 Cncl Chmbrs 1 AHU Supply Fan 5 Hp McQuay LSL111CV 3JM00-08304
10 Mech Pad 1 Cooling Tower 30 Ton Evapco LSTA463 8332181
11 2 B75 Belt Condenser Pump 5 Hp B & G 1510 H004481
12
AC-1 Roof
1
Basic Pkg A/C Unit 2
Compressors @ 5 Ton cooling
only (Belt A-45)
10 Ton
Trane
TCD090D4-00AA
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 Alerton/Syserco
17 Council Chamber 1 Control panel Barber Coleman
18 FC-4 South Mezz 2 Fan Coil Unit 0.5 Hp Carrier 40FS160-300 D811147
19 CU-5 Roof 1 Condensing Unit 10 Ton Trane TTA120C-400AA E3819-1677
20 CU-8 Roof 1 Condensing Unit 10 Ton Trane TTA120B-400BA G3319-8940
21 FC-7 B.L.E.S. Ceiling 1 Air Handler 5 Hp Magic Air 120-BHW-6 92094-7955
22 EEF-3 B.L.E. S. Ceiling 1 Exhaust Fan 1.5 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
26 Alerton DDC Controls are not included in maintained equipment. Alerton NOT INCLUDED
27 Chemical water treatment for cooling tower & water loop. INCLUDED
CITY HALL ANNEX
7370 Rosanna Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Police Roof 1 Condensing Unit 4 Ton Carrier 38CKB04-8510 S/N1895E-17923
2
Police Roof
1
Basic Pkg A/C Unit 1
Compressor @4 Tons Cooling
only; no heat pump
4 Ton
Carrier
48LH006-500
5RJ0-704400
3
CH-1 Outside Chiller
1
Basic Pkg A/C Unit 2
Compressors, 1@20Ton,
1@25Ton cooling only; no heat
pump
45 Ton
McQuay
ALR040C
5RJ0-704400
4
AC-1 Police Roof
1
Basic Pkg A/C Unit 1
Compressor @4 Tons Cooling
only; no heat pump
4 Ton
Trane
YCH086C3-H0BD
K2510-0120D
5
AH-1 , AH-2 Police Mech
2
AHU Supply Fans Motor & 2
Coils
5 Hp each
Aladdin
HC1-18LS
84250 & 84251
6 B-1 Police Mech 1 Boiler water-gas/electric BTUH in out blank Rite 36 8720-530
7
B-1 Police Mech
1
Boiler water-gas/electric
BTUH in 399,000
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
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
CORPORATION YARD ADMINISTRATION BUILDING
613 Old Gilroy Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Admin Roof A/C 1 1 3.5 Ton Trane YCC042F3M0BG 3465J1E1H opr. 07/04
2 Admin Roof A/C 2 1 2.5 Ton Trane YCC030F1M0BJ 3481GPA1H opr. 07/04
3 Admin Roof A/C 3 1 5 Ton Trane YSC060A4RMA18D 350100150L opr. 07/04
4 Admin Roof A/C 4 1 3 Ton Trane YSC036A3RLA12D000A 350100039L opr. 07/04
5 Admin Roof A/C 5 1 1.5 Ton Trane YCC018F1L0BH 3302NSR2H opr. 07/04
6 Admin Roof A/C 6 1 18 Ton Trane YCD180B4L0HB 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 03L20646 opr. 07/04
9 EF-3 1 Exhaust Fan 1/30 H.P. D.D. Greenheck 6-075DGEX-90 03L12634 opr. 07/04
10 Zone thermostats 3 various digital Honeywell xxxxxxx xxxxxxx opr. 07/04
CORPORATION YARD FLEET BUILDING
613 Old Gilroy Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Garage 1 Heater 75 MBTU Ambi-Rad SCER-7GX-22 2077803802 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 2077803819 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 Belt 2-AP72 Greenheck BS0-240-30-X 04A17708 opr. 07/04
8 Fleet Office 1 Split A/C EMI Ductless SHC24DF0000AAD 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
LAS ANIMAS FIRE STATION
8383 Wren Avenue
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Outside Cond Unit 4 Ton Carrier 38G504-8300 D876-870
2
Garage/Weight Room
Hanging Heaters Window Unit
cut-to-size air filter media
< 1 Ton
Reznor and Amcor
114ARL6Z
1638
3
Tank Room
Window Unit cut-to-size air
filter media
<1 Ton
Carrier
4
Mech Room
Fan Coil Unit, Furnace, Filter
Media
Carrier
58GC125-2A
J7A82-349
5 Associated controls
LAS ANIMAS VETERANS PARK RECREATION BUILDING
400 Mantelli Drive
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Attic 1 Air Handler Westinghouse B5BM-T49K-C B5D070612810 inst 1/08
2 Roof 1 Condensing Unit Westinghouse FT5BD-04815 FTA070403533 inst 1/08
3 Recreation Room 1 Thermostat White-Rodgers 1F82-261
MUSEUM
195 Fifth Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 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 3102A31215 inst 11/02
3 Inside 1 Thermostat Honeywell RTH7600 Inst 4/11
POLICE DEPARTMENT
7301 Hanna Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 New PD A/C 1 1 McQuay RDT060CLW F80U05070008302 opr. 3/07
2 New PD A/C 2 1 McQuay RDT060CLW F80U05070008402 opr. 3/07
3 New PD A/C 3 1 McQuay RDT060CLW F80U05070008502 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
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 PD SF-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 1 5 HP Pumps 110 GPM 75 ft Taco FI2009E2EAJ1L0A opr. 3/07
18 vavs/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
22 Garage 1 Condensing Unit Carrier 38BNB024311 0405V87642 opr. 3/07
23 Garage Electrical Room 1 Ductless Fan Coil Carrier 40BNB024301 2005V07603 opr. 3/07
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
SAN YSIDRO PARK RECREATION BUILDING
7700 Murray Avenue
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Roof 1 Package Unit electric Carrier 50HS-048-311AA 3598G43281
2 Inside 1 Thermostat Honeywell
SENIOR CENTER
7371 Hanna Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 New 1 Gas/Elec A/C 4 Ton Day & night PGD448090K801C1 C110635658 inst. 4/12
2 New 1 Gas/Elec A/C 4 Ton Day & night PGD448090K801C1 C111354211 inst. 4/12
3 CV-5 Sr Ctr Roof 1 Condensing Unit 4 Ton Day & night 565BJ048 5286A-14569
4 CV-6 Sr Ctr Roof 1 Condensing Unit 4 Ton Day & night 565BJ048 2787A-08592
5 CV-7 Sr Ctr Roof 1 Condensing Unit 2 Ton Day & night 565BJ024 2387A-11710
6 CV-8 Sr Ctr Outside 1 Condensing Unit 4 Ton Day & night 565BJ048 2187A-12950
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 NOD7655843 inst. 8/07
9 New HV-2 Roof York 1 Gas/Elec A/C DF120N15N2AAA3L NOC7509937 inst. 8/07
10 HV-7 Sr Ctr Ceiling 1 Horizontal Furnace w/ DX coil 2 Ton Day & night 376BAW0-24040 2787C-46670
11 HV-6 Cr Ctr Ceiling 1 Horizontal Furnace w/ DX coil 4 Ton Day & night 376BAW0-4807 0587C-63135
12 HV-8 Sr Ctr 1 Horizontal Furnace w/ DX coil 4 Ton Day & night 376BAW0-48075 3186C-83531
13 Indpndnt t"stats all
SUNRISE FIRE STATION
880 Sunrise Drive
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Roof A/C 1 1 Gas/Pac Carrier 48GXN036060501 4103G21253 opr. 03/03
2 Roof A/C 2 1 Gas/Pac Carrier 48HJE005--651 4503G20120 opr. 03/03
3 Roof A/C 3 1 Gas/Pac Carrier 48GXN024040311 2903G31113 opr. 03/03
4 Roof A/C 4 1 Gas/Pac Carrier 48HJE005---651 3203G10267 opr. 03/03
5 Garage Roof EF-15 1 Exhaust Fan Penn D-22 opr. 03/03
6 Roof EF-16 1 Exhaust Fan Penn D-22 opr. 03/03
7 Roof CU-1 1 Split System Carrier 38HDC024-341 2403X70663 opr. 03/03
8 Server Rm AHU 1 1 Ductless Cooling Carrier 40QNB024 1803Y40268 opr. 03/03
9 Tool Rm AHU 2 1 Ductless Cooling Carrier 40QNE009100 3003Y40998 opr. 03/03
10 Outside CU-2 1 Cooling Carrier 3813K009130 2903Y10521 opr. 03/03
11 Electrical Room 1 Exhaust Fan opr. 03/03
12 Garage Front E 1 Heater Reznor UDAP75-S EBCJ79X7H76641X opr. 03/03
13 Garage Front W 1 Heater Reznor UDAP75-S EBCJ79X7H76640X opr. 03/03
14 Garage Back W 1 Heater Reznor UDAP75-S EBCJ79X7H76644X opr. 03/03
15 Garage Back E 1 Heater Reznor UDAP75-S EBCJ79X7H76642X opr. 03/03
16 Bath Ceiling 4 Exhaust Fan Penn Zephyr opr. 03/03
17 Janitorial 1 Exhaust Fan Penn Zephyr opr. 03/03
18 Kitchen 1 Exhaust Fan Penn Zephyr opr. 03/03
19 Indpndnt T'stats all opr. 03/03
WHEELER COMMUNITY CENTER
250 W. Sixth Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Basement 1 Gas heaters RUUD UGDC-07NC-GR GN4D202F5084-2824
2 Basement 1 Gas heaters RUUD UGDC-07NC-GR GN4D202F5084-2802
3 Basement 1 Gas heaters RUUD UGDC-07NC-GR GN4D202F5084-2815
4 Basement 1 Gas heaters RUUD UGDC-07NC-GR GN4D202F5084-2099
5 Roof (MPR) 1 Package Unit Gas Carrier 488S-036060331AA 187G10857
6 Roof (Dance) 1 Package Unit Gas Carrier 48GS-060090301 0600G10024
7 Roof (Craft) 1 Package Unit Gas York D2CG036N04106A NBWM103512 mfg 2/89
8 Associated controls
WILLEY HOUSE
140 Fifth Street
LOCATION QTY COMPONENT RATING MANUFACTURER MODEL # SERIAL # DATE
1 Outside 1 Condensing Unit BDP Co. 561CJ036-D 3596E09747
2 Inside Closet 1 Gas Furnace/Fan Coil Day & Night 376CAV048115 1296A080000
3 Thermostat 1
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
The contractor agrees to provide all labor, tools, and equipment to perform all services
in accordance with these specifications. All parts and materials subject to approval of
the Project Manager.
Days and Hours of Work
1. Contract work shall be performed during normal business days and hours except
for emergency services.
2. The Project Manager shall have the authority to change the hours of contract
work to meet the needs of the Contractor or City.
3. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal building use.
4. Any modification in the hours and days of maintenance services as stated in
the Contractor’s Service Schedules/Calendars are subject to approval by the City.
5. The City of Gilroy observes the following legal holidays:
New Year's Day Martin Luther King, Jr. Day
Presidents' Day Cesar Chavez Day
Memorial Day Independence Day
Labor Day Veteran’s Day
Thanksgiving Day Day after Thanksgiving
Christmas Eve Christmas Day
Personnel
1. Positive public relations is an important part of this contract service. Services
provided under the HVAC Services contact are a critical part of providing and
maintaining these important public use facilities. Contract staff serves a vital role in
delivering these public services. Contract staff must maintain both professional
image and behavior whenever in contact with citizens, including avoiding the use of
foul language. Contract staff shall be trained on how to handle public contact and
provide the appropriate customer service. Contract staff must always maintain a neat
and clean appearance and be easily identified by some type of company uniform. All
Contractor staff shall follow the rules, regulations, and applicable laws while working
for the City, including obeying any non- smoking signs/areas.
2. The Contractor shall provide personnel fully trained in all phases of HVAC services.
All training or additional training for Contractor personnel shall be provided at
Contractor’s expense.
3. The Contractor shall provide personnel capable of verbal and written communication
in English or bilingual with English as one of the languages.
4. The City expects the Contractor’s staff to give to city representative(s) all items lost
or misplaced by the general public, regardless of perceived value found on contract
sites. The Contractor shall communicate this expectation to all employees.
5. Employee Conduct – Employees of the Contractor, while performing work under this
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
contract, WILL NOT:
a. Be accompanied in their work area by acquaintances, family members,
assistants, or any other person unless such person is an on-duty authorized
Contractor employee.
b. Remove any City Property or personal property, equipment, monies, or
any other item from the buildings.
c. Engage in horseplay or loud boisterous behavior.
d. Be under the influence of alcohol or drugs.
e. Smoke in any building.
f. Turn on or use any equipment other than City-supplied or Contractors,
such as computers, TV’s, or radios.
g. Use any City telephone except those designated by the City contract inspector
for the purpose of business under this contract.
h. Open any desk, file cabinet, or storage cabinet.
i. Remove any articles from desks.
j. Consume any food or beverage, other than that brought with or purchased
by the employee, and only in areas designated as break or lunchrooms.
Security
1. All Contractors’ employees must pass a security clearance prior to working in City
facilities. Employees must complete the necessary forms, which include a Personal
History Statement form and Live Scan form, and have fingerprints taken in order to
be processed for security clearance. NOTE: This process may take up to four weeks
to complete. The City will provide up to twelve (12) security clearances the first
contract year, and up to six (6) security clearances the following contract years, at no
charge. A charge of $100.00 shall be made for each additional security clearance.
2. Employees shall be required to wear identification badge supplied by City when
working in City facilities. I.D. badges are the property of the City of Gilroy and shall
not be used except when working in City facilities. Contractor must notify City of
personnel changes and return I.D. Badges upon employee separation. A charge
of $100 shall be made for unreturned I.D. Badges. Contractor shall furnish an
updated list of employees working in City buildings quarterly.
3. Keys will be issued by, and returned to, the Project Manager.
4. Contractor is expressly prohibited from allowing anyone into building after it is
closed. Authorized persons will admit themselves.
5. Contractor is responsible for keeping buildings secured after hours unless opened for
meetings by City staff. Contractor shall arm all burglar alarms when leaving building
if no one else is in building.
Service Changes
The City reserves the right to make additions, deletions, revisions and/or otherwise modify the
General and Specific HVAC Services Specifications or change the frequency of the services
during the contract period. A Request for Quote will be issued for additional service work or one
time contract work. A change order will be issued with a two-week notice. Any change in
Specification that causes the contractor to suffer additional expenses shall be adjusted based on
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
the fee schedule or negotiated upon written justification.
Vandalism and Repair of Damage
Contractor shall report any damage to City property, including but not limited to, vandalism, acts
of God, and third-party negligence, or damages caused by Contractor, its employees or
subcontractors to the City representative.
If the Contractor, its employees or subcontractors cause damage to any City facility then the
Contractor shall repair such damage at its own cost within a reasonable time or the City may
repair or cause the repair of such damage and the cost thereof shall be deducted from monies
due to the Contractor from the City.
Service Frequency and Schedules
Less frequent or more frequent services may be approved or required as necessary to
insure specifications and standards are met.
The Contractor shall, within ten (10) working days after the effective date of the Contract,
submit a work schedule to the City’s representative(s) for review and approval. The
Contractor shall submit revised schedules / calendars when actual performance differs
substantially from planned performance. Said revisions shall be submitted to the City’s
representative(s) for review and, if appropriate, approval, within five (5) working days
prior to scheduled time for the work.
At the discretion of City staff, monthly meetings (or more frequently if deemed necessary
by the City) between the Contractor and the city representative(s) may be scheduled to
determine progress and address any changes in schedules, review performance, problem
areas, etc.
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to them and shall assign these
keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and
keep safe all keys or locks issued or issued by the City to the Contractor.
The contractor shall report all lost or stolen keys or locks to the City representative(s) within twenty-four
(24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as
determined by the City, of replacing the lock, re-keying the site or duplicating additional keys.
Upon termination or cancellation of the Contract, the Contractor shall immediately return all
keys, ID cards, access cards, etc., to the City. The Contractor shall reimburse the City for
the total cost, as determined by the City, for the total cost of keys not returned.
Deficiency Notice Procedures
1. Deficiencies will be recorded and presented to the contractor via e-mail, fax or U.S. Mail.
The Contractor shall respond within 24 hours with a plan to remedy and to prevent future
occurrence. Contractor shall be responsible for providing follow up documentation.
Contractor supervision is responsible for re-inspection of problem areas before notifying
the City the problem has been resolved.
2. Contractor’s management team must be available for face-to-face meetings called by the City
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
within 48 hours of notification.
3. Failure to resolve the problem shall result in a written vendor report seeking a written
response from the contract management outlining a permanent resolution to the problem.
Patterns of complaints, which may indicate the contractor’s failure to adequately staff, train
and supervise, shall cause a face to face meeting with the highest level of the contractor’s
management deemed necessary by the City in order to clarify the contractor’s obligations
and produce a written work plan and time frame for remedying the deficiencies.
4. Repeated deficiencies shall result in one or all of the following:
a. Payment deductions to the Contractor for services not performed per contract where
City had a substitute service.
b. Termination of selected contracted service area(s) because of contractor’s
continued failure to perform in the designated areas.
c. Contract termination for failure to perform.
Right of Severance and Termination
1. Remove worker: The City shall have the right to request removal of any specific Contractor
worker from City contract properties for the following:
a. If the worker is deemed by City to be incompetent or negligent based on
worker’s inability to execute required project tasks
b. For failure to adhere to the City’s standards, including safety standards
c. For worker misconduct
d. For any other reason deemed necessary by the City
2. Terminate contract: Notwithstanding the language in the written contract, City reserves the
right to terminate this contract with Contractor upon 10 days advance written notice should
Contractor fail to meet obligations of the contract. Such failures include, but are not be limited
to:
a. Consistent failure to respond to requests for service or to remedy contract deficiencies
b. Consistent failure to provide qualified, trained workers and supervisors
c. Contractor failure to keep City reasonably informed about contract related issues
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the
protection of the public from injury and damage from such equipment and vehicles. Contractor
shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or
in unsatisfactory condition.
Storage of Material and Equipment on the Site
Limited storage space is available on site for Contractor’s materials and equipment.
Protection of materials and equipment stored on the site shall be the responsibility of
the Contractor. The City reserves the right to direct the Contractor to provide proper
means of protection for materials if such is deemed advisable by the Project Manager.
Cal-OSHA & Safety Requirements
Safety of the public, city staff, and contractor’s staff is of prime importance to the city. The
contractor shall comply with all provisions of the California Occupational Health and Safety Act,
any and all applicable safety regulations, industry standard safety practices, the use of appropriate
personal protective equipment, and the contractors own code of safe practices and IIPP, taking
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
all precautions in the performance of the service to prevent injury to persons and property.
Public Convenience and Safety
The Contractor shall so conduct his operations as to cause the least possible obstruction
and inconvenience to the general public and to traffic. Convenient access to driveways
and buildings along the street shall be maintained and temporary crossings shall be
provided and maintained in good condition.
The Contractor shall furnish, erect, and maintain signs and, barriers as are necessary to
give adequate warning to the public at all times of the work and of any dangerous
conditions to be encountered as a result thereof.
Accident Reporting
The Contractor shall immediately notify the designated City representative(s) of any accident,
regardless of whether or not injury or damage is evident, involving the public and the
Contractor’s staff, vehicles, and/or equipment. The Contractor shall provide all written reports
and/or documentation requested by the City.
Management and Supervision
The Contractor shall provide fully trained and qualified personnel. The staff activity will
be closely monitored by City representative(s) at each site to detect operational irregularities
and non-compliance with the contract.
It is the responsibility of Contractor’s executive, management, and supervisory staff to oversee
the activities of its staff, throughout the range of its activities at all contract sites.
The City will not supervise the contractor’s supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing
adequate supervision and direction of all staff and must demonstrate verbal and written
communication skills sufficient for the work required herein.
The Contractor’s crew leader and operational staff, as well as their supervisory and management
staff, shall be knowledgeable in this Contract and its timelines. An outline of the task
requirements, schedule, and timelines for each site shall be kept with each crew. If any task
cannot be thoroughly completed within the Contract schedule timelines, the City’s representative
shall be notified promptly in the prescribe manner established at contract startup.
Contractor to incur all costs to assess, repair or replace any physical property damaged as a result
of contractor’s negligence or failure to take reasonable care to identify and report potential
problems.
Contractor shall inspect and identify any condition(s) that renders any portion of a site unsafe, as
well as any unsafe practices occurring thereon, and shall immediately notify the City
representative(s) of any unsafe or undesirable condition(s). Contactor shall take emergency
safety actions to protect worker and or the public from a developing or observed hazardous
conditions. Safety action taken by the contractor not related to normal contraction services shall
be appropriately compensated by the City when justified in writing and include any public safety
call for service report number.
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
If needed, the Contractor shall assist the public by summoning emergency assistance while at the site. The
Contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site,
including a complete written report.
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
4835-2267-0361v1 LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
The term of this contract shall be effective on March 1, 2024 (retro-actively), with cooperative
purchasing pricing as per GSA Advantage Contract# 47QSWA18D0057.
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E
4835-2267-0361v1 LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
Service charge of $12,180.75, plus parts and materials to be invoiced monthly upon completion of
work.
Docusign Envelope ID: B5D03F04-1327-4EDC-9C06-FB2970CBCC0E