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HomeMy WebLinkAbout10 - Award of M/RSA for On-Call HVAC Maintenance and Repair Services CitywideQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report July 23, 2024 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Equipment and Facilities Maintenance Superintendent - 949-718-3464, kbrodowski@newportbeachca.gov TITLE: Award of Maintenance and Repair Services Agreement with Harbor Point Air Conditioning & Control Systems for On -Call HVAC Maintenance and Repair Services Citywide ABSTRACT: The City of Newport Beach utilizes a contractor to perform heating, ventilation and air conditioning (HVAC) maintenance and repair services for all City facilities. The current agreement (C-8603-1) with Acco Engineering expires September 30, 2024. Staff prepared and published a Request for Proposals (RFP) 24-73 for On -Call HVAC Maintenance and Repair Services Citywide and requests City Council approval to enter into a five-year agreement with Harbor Pointe Air Conditioning & Control Systems to provide these services. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Maintenance and Repair Services Agreement with Harbor Point Air Conditioning & Control Systems for a five-year term and for a not -to -exceed amount of $600,000, and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The Public Works Department relies on on -call contractors to service and repair HVAC systems located at various City facilities including the Corporation and Utilities Yards, Back Bay Science Center, and other key locations such as police and fire stations, community centers, and library branches. These HVAC systems require both quarterly and annual preventative maintenance to ensure they remain in good working order. Many of these systems are rooftop units, which tend to have shorter service lives due to exposure to the elements and the corrosive effects of the nearby ocean. Regular maintenance and prompt repairs are critical to maintaining efficient operation and preventing disruptions to City services. The current agreement with ACCO Engineering (C-8603-1) for these services expires on September 30, 2024. 10-1 Award of Maintenance and Repair Services Agreement for On -Call HVAC Maintenance and Repair Services Citywide July 23, 2024 Page 2 To identify qualified contractors for this work, staff prepared and issued Request for Proposals (RFP 24-73) for Citywide On -Call HVAC Maintenance and Repair Services. The RFP included a comprehensive scope of services that specified the types of equipment to be serviced, the required parts and materials, and the preventative maintenance intervals. On June 18, 2024, a pre -bid meeting was held at the City Corporation Yard. This meeting provided potential proposers with an overview of the RFP requirements and instructions for submitting an estimate/proposal for a sample project. The sample project was designed to evaluate each contractor's project methodology and cost estimates for a typical repair project. Additionally, contractors were asked to detail their experience and qualifications in performing HVAC services for agencies of similar size and scope. They were also required to outline their approach for executing HVAC maintenance and repairs at various locations within the city, ensuring minimal disruption to City operations. The RFP resulted in three responses, which were evaluated by a panel consisting of staff from the Public Works, Fire and Police Departments. The technical evaluation focused on experience, service capability, and relevant qualifications. Public Works staff conducted the cost evaluation, comparing the stated hourly rates, sample project costs, and annual scheduled maintenance costs from each proposer. • Harbor Pointe Air Conditioning & Control Systems: Hourly rate of $139, sample project cost of $9,599, which translates to a citywide annual maintenance cost of $53,485. • ACCO Engineered Systems Inc.: Hourly rate of $170, sample project cost of $15,100, which translates to a citywide annual maintenance cost of $65,072. • F.M. Thomas Air Conditioning: Hourly rate of $390, sample project cost of $11,767.27, which translates to a citywide annual maintenance cost of $191,584. Harbor Pointe Air Conditioning & Control Systems received the highest overall score. Based on the evaluation results (detailed in the table below), Harbor Pointe Air Conditioning & Control Systems was determined to be the most qualified firm for this project. PROPOSER TECHNICAL SCORE COST SCORE TOTAL SCORE OVERALL (MAX 60) (MAX 40) (MAX 100) RANK Harbor Pointe Air Conditioning & Control 49.33 38.33 87.66 1 Systems ACCO Engineered 57.67 24.97 82.64 2 Systems Inc. F.M. Thomas Air 50.67 15.02 65.69 3 Conditioning 10-2 Award of Maintenance and Repair Services Agreement for On -Call HVAC Maintenance and Repair Services Citywide July 23, 2024 Page 3 Harbor Pointe Air Conditioning & Control Systems was deemed the most qualified firm with a projected annual cost of $53,485 for routine quarterly maintenance services and estimated annual repair work at the primary locations listed in the Scope of Services. In addition to routine maintenance and repair work, Harbor Pointe Air Conditioning & Control Systems will also be utilized for unexpected, on -call repair work and the purchase and installation of replacement HVAC units as needed. This on -call repair work is projected to cost around $58,508 annually based on the City's past expenditures' history and the expanded scope of the new agreement. Together with the estimated annual cost of the necessary routine maintenance and repair work, the total annual cost is expected to be approximately $112,000, which, over five years, equates to $560,000. To accommodate any unforeseen expenses and provide a buffer for potential increases in service demand or rates, staff recommends a proposed not -to -exceed budget of $600,000 and a five-year term. FISCAL IMPACT: The adopted budget includes sufficient funding for this contract. It will be expensed to the Maintenance and Repair Building account, 0108041-851016 and the Back Bay Science Center Maintenance Account, 0108041-851031 in the Public Works Department. Additional funding for this contract may be expensed to the Department(s) facility maintenance and repairs budgets. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — On -Call HVAC Maintenance and Repair Services Agreement 10-3 ATTACHMENT A ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC. FOR ON -CALL HVAC MAINTENANCE AND REPAIR SERVICES THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC., a California corporation ("Contractor"), whose address is 720 South Richfield Road, Placentia, CA 92870, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform on -call HVAC maintenance and repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on July 22, 2029, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 10-4 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. !���1►'� W 4`RUN 9I s] `i 110Z0101 `k I:7_Tit 1101 V 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Three Hundred Thousand Dollars and 00/100 ($300,000.00), without prior written amendment to the Agreement. Harbor Pointe Air Conditioning & Control Systems, Inc. Page 2 10-5 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles - Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Sammi Perez to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any Harbor Pointe Air Conditioning & Control Systems, Inc. Page 3 10-6 personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, Harbor Pointe Air Conditioning & Control Systems, Inc. Page 4 10-7 lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. Harbor Pointe Air Conditioning & Control Systems, Inc. Page 5 10-8 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for_ keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance Harbor Pointe Air Conditioning & Control Systems, Inc. Page 6 10-9 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to Harbor Pointe Air Conditioning & Control Systems, Inc. Page 7 10-10 City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of Harbor Pointe Air Conditioning & Control Systems, Inc. Page 8 10-11 return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Sammi Perez Harbor Pointe Air Conditioning & Control Systems, Inc. 720 South Richfield Road Placentia, CA 92870 Harbor Pointe Air Conditioning & Control Systems, Inc. Page 9 10-12 25. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. Harbor Pointe Air Conditioning & Control Systems, Inc. Page 10 10-13 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. PREVAILING WAGES 28.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 28.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Harbor Pointe Air Conditioning & Control Systems, Inc. Page 11 10-14 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Harbor Pointe Air Conditioning & Control Systems, Inc. Page 12 10-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: "1 / tt /Z ' dBy: a on C. Harp Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: HARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC., a California corporation Date: By: Gregory Howard Perez Chief Executive Officer Date: By: Sammi Dee Perez Secretary, Chief Financial Officer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Harbor Pointe Air Conditioning & Control Systems, Inc. Page 13 10-16 EXHIBIT A SCOPE OF SERVICES Harbor Pointe Air Conditioning & Control Systems, Inc. Page A-1 10-17 Exhibit A Scope of Work Preventative Maintenance Equipment Covered: All equipment listed in Appendix A and any other HVAC equipment at City managed facility as requested by the City's project manager. Parts and Materials: All parts and materials for preventative maintenances must be new, unused, and will be supplied by the contractor and included in the proposed rates (e.g. filters, belts, lubricants, cleaners, etc.). Labor: Included shall be all labor to perform preventative maintenance services as described in this contract. Preventative Maintenance: Contractor shall provide preventative maintenance routines as scheduled in the Cost File on a monthly or quarterly basis. Contractor Supplied Equipment: All tools and equipment needed to complete preventative maintenance shall be supplied by the contractor and shall be covered in the proposed rates, (tools of the trade: e.g. vacuum pumps, gauges, recovery machines, hoses, ladders etc.). All specialty tools and rental equipment needed to perform preventative maintenance shall also be included in the proposed rates (e.g. scissor lifts, boom lifts, cranes etc.). Monthly or Quarterly Preventive maintenance, shall include but not be limited to: • Change and date air filters • Check reversing valve • Lubricate motor and shaft bearings as required (including lubricants) • Check anchor bolts • Check blower belts and replace if applicable • Check refrigerant level and recharge refrigerant and check cooling operation • Change belts, if applicable • Test for leaks • Check heating operation • Check rotation • Check all safety controls • Clean and remove excess oil and/or grease • Check main and pilot burners • Check for overload under full operation • Inspect for rust and wear • Check amperage and voltage on motors and compressors • Check, clean, and repair all drains, drip pan and drain connections • Check contactors and clean if necessary • Check for gas leaks 10-18 • Lubricate all moving parts as required on fans and blowers • Check coils for leaks and clean each visit • Check oil level and pressure • Check head pressure • Check suction pressure • Verify thermostat schedule and function • Verify proper return and supply air temps. • All belt driven units shall have a spare belt left inside the unit. • Clean up all trash and debris, including old HVAC parts before leaving the area. • Contractor will provide a checklist for each unit inspected. • Complete any other preventative maintenance as recommended by the manufacturer. All invoices will be typed; no handwritten invoices will be accepted. Invoices shall also include the completed checklists or copies of checklists for all units of each facility inspected. On -Call Work Contractor shall provide on -call or as -needed repair services to the HVAC units listed in the equipment list and/or any other equipment requiring service/repairs, as requested by the City. Any services not provided as part of the monthly or quarterly maintenance visit will be treated as a service call. Service calls may result from recommended repairs identified through a preventative maintenance visit or through a request for service by the City. The City does not guarantee or imply any specific quantity of service call work during the contract term. • Call back is required within ninety (90) minutes after initial request from the City for on -call services. • Contractor must be available for same day response, including after hours, weekends, and holidays. • Contractor shall be available 24 hours a day, 7 days a week. • Contractor must be able to arrive within four (4) hours after initial call back. When the need for service arises, Contractor shall provide a written letter proposal (i.e. quote) for services including the following: • A detailed description of the services to be provided, • The position of each person assigned to perform the services; • The estimated number of hours and cost (including parts and material) to complete the services; and • The time needed to finish the specific project. No services shall be provided until the project manager has provided written acceptance of the quote for services. Once authorized to proceed, Contractor shall diligently perform the repair services. 4 10-19 Equipment Covered: All equipment listed in Appendix A and any other HVAC equipment at City managed facilities as requested by the City's project manager. Contractor Supplied Equipment: All tools and equipment needed to complete on -call repairs shall be supplied by the contractor and shall be covered in the hourly labor cost, (example — Vacuum pumps, gauges, recovery machines, hoses, ladders, brazing equipment, etc.). All specialty tools and rental equipment needed for on -call repairs shall be approved prior to the work and substantiated with rental receipts for invoicing (e.g. scissor lifts, boom lifts, cranes etc.). Replacement Equipment, Parts, Materials, and Equipment Rentals: All will be supplied by the contractor at contracted % markup as shown in the Cost File. Receipts will be required at the time of invoicing to substantiate percentage markup. All shall be charged at cost plus no more than a 15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the Cost File. All invoices for on -call services must show labor hours, materials, contracted labor rate, and material percentage markup. Receipts on any billable items or services shall be provided with invoice. 3 10-20 Appendix A Total Buildings & Units Locations Buildings Units CY 6 21 Utilities 8 31 BBSC 3 8 PD 1 31 Animal Shelter 1 4 Fire 11 46 30 141 10-21 #M sI..n 0 A...[ D.wp— —M parr. —1. C.....rr eft t119 RIU Du l.te-IC l.It ddiA Admnnirawn Cap -.Yrd .od Ibd }ndlba D.Y..IMECADAAAA 14 A-11 e1 ]615K1 SDM SrrIem NC Id:A AdmngirMun Capa.11on Ywd 4wrW3 N EIu=Wry f.lwcr hl ilpa Cr+ar Un.N.de dAt A-]1 e1761SAC7 SWI SY,Iem NC ddt A. Admngtrawn Copa.uon Yrd Buddm. [quwr .l rlmr Crrar un.N.d. tlryD-1l e116WK W.InMwM.d D.<Y.p HVAC U+1 gdtD A..r Cppa.uon Ywd 4rouM. Sohn W.I Ann.. &xknry M.rv... ClIDME- D+dtD puMte HVAC CYR dd.D Crp.nlerd Sen $11GD Capw,um Y.rd Rod Rod })m DHI.A}Al IB DIdtD RwItoD II.,Dry Uq Oidt6 C.rD.n{eri S+en SRdp C.::..-Ywd RW Rod S.,Dry RI.DPD de. 6]3l]39W1 .mrtop llxury lYe id.6C.rp.nl.rt s+tn SHy Capa.upn Ywd Root Rod S.rl�ry RIIDDB tldt P133916-AHU Each Nr He.Uy c- fNd.D V.nkl..nd Equip. R.p.ks Capa.Hon Trd M.Ir.nu�e Over Sla..t Poem/lun<n Doom NW .norm l.nro. Cr1A15JI311 SarW R..MN Inrb. 0.Y M.ptl.rN Dy.11DrnIM Ar.od.W M.Y. 4..d.Md MN.1 G13351O1 }6 ]OlJ Unr.N.DI. Caron Lan CU {UDWM1 19mAem d16511695 uD1ANDMNN6 Cuuw f,nCd rCI.Nlw 16ONA69619 WIG.O366O5 1093-e1 109[d1 518—EE174 tld{P}33e 13— Vemi.Iw fudtp Venkl..nd Fquip.R— Capa.uon Yrd Rod Rod 116)C{M ddt D1J H7lLY1 eM.atw INdtD Venkle.nd [quip. R.D,x, Copgr.Dm Yrd Pad Rod IIL)6M tldt D]I J. ]34VS «q..]a DdtpV.MH..'d[quip R. CaDa.uon Yrd Red Rool 116)CYM dq D}1 H114W .n14ta DkIt DV.n.I..N Equip. Rep.xn an r .ed Ilod 116>6M d4123 SI06 RAdl R.drR iMsa BDW UM. Gr I[1 WdtO V.nkI.,N[quip_R.D,n Cwpa,um Yrd MHNrrk.l Room D.l, 199,9008N Na[r MCC 199CDY1000J1591w.;) ddt D11 t119-DW DwR.e. HVAC CYR DldtD VM.I..N fgaP. It— Ctl-"—Yrd Rad Pad sW Aarm N)qn .1[ sla W1G911(35) by H13.1:9ft" Prlye HVK u.[ D1d.H {Y. p.q.wueMu,. iapa.npn Yrd A41r.rw DEN. NN Nd W.rrinur. OnM. 71- CrrM SOYDDl.31O KICKI51 dD{ H 11 t1 NSSrdI Sqt SYHwn HwI PMrp H fY•O.q. Wuenoue (wpa,ugn Yrd IIWIV}1 e)W .Wary [grry {vDIq.OnY. 1160W1[DDDRtU {ul..0 Apll ].1 /AS111P1 [C1]DI.E / —14. ddt H 1112 19 S l sGYI sw- MM Peep ddtElW . n rd J- II -Id,, I—E. CDDO.E9 ADLU156 ddedt. H[ 1l t119W 8d1dtHfk.q. pqWrm Yd DgI.M m Ren IDC.HDsryy,HuYrne Mai NAF derP Cag.m L } T— Pod.[ .e M1IK Orl &DU dIs lwr rrdd I— CaH WD ]ollf,9) tld. 1 13 .1 Mdt. Caa Rm15 DHH79Y-119 m:o ]OD .IO m. I— `.nCN ASl19R [DOD.S. ,n C. —11.1 —117. 1O0B 10-22 JFM Smart Asset Description BuBding Name Building Category Floor Location Bldg 1-23 81 19-RTUI Package HVAC Unit Building 1-Admin Utilities Yard Roof Roof Bldg 1-23 81 19-RTU2 Package HVAC Unit Building 1-Admin Utilities Yard Roof Roof Bldg 1-23 81 19-RTU3 Package HVAC Unit Building l -Admin Utilities Yard Roof Rao! Bldg 1-23 81 26-SSACI Split System A/C with Furnace Building 1-Admin Utilities Yard Grounds Grounds / Star i ge Hall Bldg 1-23 81 26-SSAC2 Split System A/C with Furnace Building 1-Admin Utilities Yard Grounds Grounds / Managers Utility Room Bldg 1-23 81 26-SSAC3 Split System A/C with Furnace Building I -Admin Utilities Yard Grounds Grounds / Stardage Hall Bldg 2 Package HVAC Unit - Gas Building 2 Utilities Yard Roof Roof Bldg 2 Package HVAC Unit - Gas Building 2 Utilities Yard Roof Roof Bidg 3.23 81 19-RTUI Package HVAC Unit Building 3 Utilities Yard Roof Bldg 3-23 81 19-RTU2 Package HVAC Unit - Gas Building 3 Utilities Yard Roof Bldg 3-23 82 39-UH Heating Unit - Gas Building 3 Utilities Yard 1st Bldg 4-23 81 19-KTU Package HVAC Unit - Gas Building 4 utilities Yard Roof Roof Bldg 4-23 82 39-UH Heating Unit - Gas Building 4 Utilities Yard 1st Office bay Bldg 5.23 81 194UU Package HVAC Unit - Gas Building 5 Utilities Yard Roof hoof Bldg 5-23 82 39-UH1 Heating Unit - Gas Building 5 Utlldt s Yard 1st Shop Bldg 5-23 82 39-UH2 Heating Unit - Gas Building 5 Utilities Yard 1st Stop Bldg 5-23 82 39-UH3 Heating Unit - Gas Building 5 Utilities Yard 101 Shop Bldg 6-23 81 19-RTU Package HVAC Unit - Gas Building 6 Utilities Yard Roof Roof Bldg 8-23 34 01-EF1 Sidewall Exhaust Fan Building 8 Utilities Yard 1st Pump Roan Bldg 8-23 34 01-EF2 Sidewall Exhaust Fan Building 8 Utilities Yard 1st Pump Room Bldg 8-2-3 34 01-EF3 Sidewall Exhaust Fan Building 8 Utilities Yard 1st Chemical Room Bldg 8.23 34 O1-ET4 Sldewall Exhaust Fan Building 8 Utilities Yard 1st Chemical Room Bldg 8-23 34 01-M Sick —all Exhaust Fan Building 8 Utilities Yard 19 Tank Raam Bldg 8.23 34 01-EF6 Sldewall Exhaust Fan Buildirg 8 Utilities Yard ]st Tank Room Bldg B-23 34 01-EF7 Sidewall Exhaust Fan Building 8 Utilities Yard ]st Bldg B-23 34 01-fF8 Sldewall Exhaust Fan Building 8 Utilities Yard 1st Bldg B-23 81 19-RTUl Package HVAC Unit Building 8 Utilities Yard Roof Roof Bldg B-23 81 19-RTU2 Package HVAC Unit Building 8 Utilities Yard Roof Roof Bldg 8-23 Bl 26-SSACI Split System A/C Building 8 Utilities Yard Roof Roof Bldg 8-23 81 26-SSAC2 Split System A/C Building 8 Utilities Yard Roof Hoof Bldg 8-23 82 39-UH Heating Unit Building 8 Utilities Yard 1st Bay 8 Area Served She/Copacfty Make Model Serial Recorded Install Date 2nd floor offices 4Ton Carrier 50HOQ005-B601 2496G20084 1996 2nd floor offices 3Ton Day&Night PHD336000OOC1 C141019766 2014 2nd floor offices 2Ton Day&Night PHD3240001(OODCI C142109755 2014 1st floor spaces 2Ton fund UAKA-0241A2 58B2F110106233 2001 1st floor Managers area 3 Ton Goodman GSH130361CR / F94ANF036 1201010137 / 0696AI1721 2012 1st floor spaces 3Ton Day&Night N4A535GKC101/ ACE36A2414SL087 E153703002 2015 SCADA Office Day&Night PGD4240401(001E1 C180118905 Starm Drain Office York PCG4A240502XIA WIM5142859 5 Ton Carrier 50HJQ006-0521 3307G20574 2007 East offices 2TW Day &Night PGD324040KOO1CI C123D20155 2012 Lennox Offices/Shops 2Ton Bryant 577CNWC22404ONATP 1219C44973 2017 Lennox Offices 2Ton Carrier 49VGNE360603OTP 152IF50561 2004 ReVerber-Flay Re-Verber-Ray R,Vcrbcr-Ray Offices 2Ton Day &Night PG0324040KOOICI C140816762 2014 Greenheck Greenheck Greenhedc Greenback Greenhedc Greers eck Offices 2Tan Day &Night PHD424000KOOOFI C170123777 2027 West offices 3Ton York PHE4836418 WIF9026316 2019 2 Ton Samsung US24A2RC PlAR200238 2002 Electrical Room 1 Tan Hitachi RAC-09UHV Bay 8A Dayton 10-23 JFM Smart ID Asset Description Building Name Building Category Floor Location Area Served SWCapadty Make Model Serial Recorded Install Date BB SC A-23 82 39-HP1 Split System Heat Pump Back Bay Science Center - Bldg A Public Works Department Grounds lab ceiling tab 5 Ton Carrier 38YXA-060 2007 BB SC A-23 82 39-HP2 Split System Heat Pump Back Say Science Center - Bldg A Public Works Department Grounds Lab ceiling lab 4 Ton Carrier 38YXA-048 2007 BB SC A-23 82 39-HP3 Split System Heat Pump Back Bay Science Center - Bldg A Public Works Department Grounds Lab ceiling lab 5 Ton Carrier 38YXA-060 2007 BB SC B-23 82 39-HP/FC4 Split System Heat Pump Back Bay Science Center - Bldg B Public Works Department Grounds Overhead Training 5 Ton Carrier FK4DNB006 / 38YXA-OW 1806AB3428 2007 BB SC B-23 82 39-HP/FC5 Split System Heat Pump Back Bay Science Center - Bldg B Public Works Department Grounds Overhead Training 5 Ton Carver FK4DNB006 / 38YXA-060 1806A83430 2007 BB SC C-23 82 39-HP6a Split System Heat Pump Back Bay Science Center - Bldg C Public Works Department Grounds Office ceiling Offices 5 Ton Carrier 38YXA-MO 2007 BB SC C-23 82 39-HP6b Split System Heat Pump Back Bay Science Center - Bldg C Public Works Department Grounds Office ceiling Offices 3 Ton Carrier 38YXA-MO 2007 BB SC C-23 82 39-HP7 Split System Heat Pump Back Bay Science Center - Bldg C Public Works Department Grounds Office ceiling Offices 5 Ton Cartier 38YXA-060 2007 10-24 UNIT Manufctr MODEL NO. SERIAL# 11/17/11 FILTERS Org. BELT THERMOSTAT LOCATION FLOOR AC-01 Carrier 48HJD-005-601 2293G888118 2-16X25X2 A-36 Traffic Office Upper AC-02 Carrier 48HJD-008-601GA 2393G93368 4-16X20X2 A-48 Jail - Adult Lower AC-03 Carrier 48SS-0300-40-301 4093GO0449 1-16X25X1 DD Explorer Office Upper AC-04 Carrier 48HJD-006-621 4393GO0696 2-16X25X2 4L-38 Lobby Upper AC-05 Carrier 48HJD-006-621 4393GO0701 2-16X25X2 A-34 Records Upper AC-06 Carrier 48HJD-008-600 2193G83103 4-16X20X2 A-48 Gym Lower AC-07 Carrier 48HJD-006-621 4393GO0700 2-16X25X2 4L-38 Lunch Room Lower AC-08 Carrier 48HJD-006-621 4393GO0697 2-16X25X2 A-37 Detectives #2 Upper AC-09 Carrier 48HJD-008-600 2193G83104 4-16X20X2 A-48 Auditorium Upper AC-10 Carrier 48SS-0300-40-301 4093GO0451 4-12X20X1 DD Detective Captain Upper AC-11 Carrier 48HJD-012-611GA 3093G34021 1-16X25X1 A-51 Men's Locker Rm Lower AC-12 Carrier 48HJD-006-621 4393GO0702 2-16X25X2 A-36 Community Relations Upper AC-13 Carrier 48HJD-005-601 2493GO1374 2-16X25X2 A-36 Chiefs Secretary Upper AC-14 Carrier 48SS-0240-40-301 4093GO0396 1-16X25X1 DD Chief Upper AC-15 Carrier 48SS-0300-40-301 4093GO0453 1-16X25X1 DD Executive Officer Upper AC-16 Carrier 48HJD-055-601 2693G12112 2-16X25X2 A-36 Computer Section Upper AC-17 Carrier 48SS-300-40-301 4093GO0444 1-16X25X1 DD Video Office Upper AC-18 Carrier 48HJD-005-601 2493GO1371 2-16X25X2 A-36 Briefing Room Lower AC-19 Carrier 48HJD-005-601 2393G93253 2-16X25X2 A-37 Narcotics Upper AC-20 Carrier 48HJD-005-601 2293G88114 2-16X25X2 A-36 Detectives #1 Upper AC-21 Carrier 48HJD-005-601 2293G88113 2-16X25X2 A-36 Computer Server Rm Upper AC-22 Carrier 48SS-0300-40-301 4093GO0442 1-16X25X1 DD Data Entry Upper AC-23 Carrier 48HJD-006-621 4393GO0698 2-16X25X2 A-34 DOC - Alarms Upper AC-24 Carrier 48HJE-004-611 3593GO1806 2-16X25X2 A-39 Watch Commander Upper AC-25 Carrier 48HJD-005-621 4593GO1073 2-16X25X2 A-36 Dispatch Upper AC-26 Carrier 48HJD-008-601GA 2393G93369 4-16X20X2 A-48 Jail - Juvenile Lower AC-27 Carrier 48SS-0240-40-301 4093GO1074 1-16X25X1 DD Patrol Captain Upper AC-28 Carrier 48HJE-004-611 3593GO1801 2-16X25X2 A-39 Sup. Svcs. Captain Upper AC-29 Trane TCH043A3E0AIB 2-20X25X1 AX26 UPS / Computer Rm #1 Upper AC-30 Lennox CHA-16-953-1G 5691HO1160 4-16X20X2 A-46 UPS / Computer Rm #2 Upper AC-31 Carrier 48GSNO18040301 2403G11745 2-12x20x1 DD COP Conf. Rm Upper ADDITIONAL AREAS Deputy Chief ACO Office Rec. Suprvsr, Copier Photo & CSI Lunch Store Rm, Poly Det. Lt, Conf. Rm EOC Detective Secretary Chiefs Break Room PSU & Hallway Hallway Library Personnel CSU Copier, Electrnics, DA Dispatch Supervisor Sgts Ofc, Report Writing Traffic Break Room Jail Office Traffic Conf. Rm SS Lt, FSFM Telephone Room 10-25 1FM Smart ID Asset Description Building Name Building Category Floor Location Area Served Site/Capac Make Model Serial Animal Shelter Heating Unit - Gas Animal Shelter Police Grounds Hallway Offices York TLSE10002OUH11A W2D1925135 Animal Shelter Split System A/C Animal Shelter Police Grounds Outside Offices York YCS48821SA W2H139O583 Animal Shelter Split System A/C AnlmalSholter Police Grounds Outside Dog Run Samsung AMD53TXMDCH BCZQP3GR3O0006A Animal Shelter Split System A/C Animal Shelter Police Grounds Outside Cat Room Mitsubishi MUZ-JPO9WA 1ZCO9630 Recorded Install Date Associated Equipment Associated Make Associated Model 2023 2023 2023 Fan Coll AM054JNHDCH 0R4SPALT1ODDO1A 2023 Fan Coll MSZ-JPO9WA 10-26 IFM Smr4 D Asset DeFF *O. Will Farr. 11ul7dln6 Caty Poor FS.1.238116SSAC $pill Sriiem NC Mite Funac, Fir. Statkwn Fire Stmo- tat Floor/Roof FS42 CU-1 FAIR aytem M Fire Ratlon 02 Fire SUBom Roof FSal-HP-1 spirt syram nl Fire Sla-12 Fire Stull Rod FSa2 HIP FAIR sytem yd Fire Stal N2 Fir. Stallm. Rod FSa2 HP-3 split sytem yd Fir. Statlors.2 Fir. Statlms Roof 1`5112 HP-4 FPIR rytem yd Fir. Sblion 12 Fir. Slatlon, Roof FSa2 Cu-2 spin sylem yrf Fir. Station.2 Fir. SlaUona Rod FS43.23 4119-RM1 Package HVAC Unit- Gas Fir. Stelion n Fire Stahl Rod F!l 81 MR11.2 Package HVAC Unit - Gas Fire Station 93 Fir. $Rations Rml FS.}238119-RTO Pm#age HVAC Unit -Gr hm Station 93 Fir. Stanom Rod F543-238239-WI Heading Unit-Geo Fire Stmio..3 Fire Stations 1st Bose FS.Y234239-LM2 Heading UnB -Gn File Statbn.3 Fin SIA-s 1st Fkwr FS.3.261313{Ul MNF504 Cprdansn Fire Station 03 Fire Stai Rod F5.3.26 IS 13-W Mmi-Splh System A/C Candenrr Fin Stne.. 13 Fir, Stations Rout FSX3.26 13 I34CLn Mm4Splh System NC Fan CW LA'A Rn Stal-13 Fin Siseona 2nd Flom FS43.2613 13411 M)n45dh System A/C Fan Coil Ly l Fir. S.W. r3 Fin StaBems 2r Fkwr FS"23 912&SWI Split System AIC y Th Fierce- Rn Ration Y Fire Si.R- Roo] / 29 Fkwr F$44.23 8126-SSAC2 Split System A/C with Fumre Fire Samon ea4 Fin Srahom Roof / 2rtd Fkwr FSX4.23 92 39-W Heading Uh Fir. Stal Flat Fin Star- 1s1: Floor FSal9239-U Split System Hart Pere Fire Station a5 Fin Stal Locker Room Rod FSXl 8239-11 Spilt System Her Pare Fin Stmlonn Fire Stations Locker Room/Rod FSX5 23 a2 39-14 Spilt System Ham Pare Fir. Station aS Fir. Statlma 1st / Roof FSAS-23 62 39-21 Spilt System Her Pere Fir. Statlon6 Fire Stations 1st/Rod FSa523823922 Spilt System Heal Pare Fir. Ration Fly Fir* Statims 1st/Rod FS.5-23823923 Split System Her Pamp Fire Station AS Fir, Rations 1st/Rod FSPS-238239-24 Split System Heal Para Fir. St"n.5 Fir. Slatlon. ITT Rod FSa6238126-SSAC Spirt Systam NCwnh Fuman Fire Slatlon.6 Fire Simians 1st Floor/Grwnds FS87�23 81 I%AC1 Pad . HVAC" Fin Ratbn.7 Fir. Sta lom Rod FSl9119AC2 Package HVAC Unt Fin Station n Fin Static- Roof FS.7.23 8126FC4/SaC1 Split System A/C Fin Station A Fir. $U*- Rod FS.7-236239FC/SHPI Split System Her P•rp Fire Sratlorth Fin Stations Rod FS.7 23 W 39FC/SHP2 Split System Heal Pap Fin Ration // Fir. Stations All FS97-238239FCUPJ Spit System Her Pure Fin Rations Fin 54tibns Rod FS43-23812&FA/Q11 Split System Al with Fumrt Fin Statlon.8 Fir. Stations Gmuntls FSa3.23III 26-FA/CU2 Split System AIC with Fumaea Fir. RatlonAS Fir. Stations Grounds F503-233121l/Cl/3 Split System A/C with F- Fir. RatlonM Fir. Stations GNwMs FS.11-23M 39LM1 Heath/unh - Gas FIr, Rationa Fir. Stml Bays BSX8,238239LN2 Heating unit - Gas Fire Sll.8 Fire Stations Bays CDM LGHQ•233416 Supply Fan Lll,prd H.adquarten(CDM) Fir. Stations LGHO-23 8114PU Package HVAC Leo Luaguard Headquarten(Newport PiM Fire Start;- list Floor LGHQ•238119RTU Package HVAC Unit - Gala WIll H,.dRurnrs(N,wport Pier) Fire Stations Root LGHQ-238126.5SAC1 Split System A/C arm formate Llleguard Headquarten(Newpon PkO Fire Ratlon. Rod LGHO-238126SSAC2 $.[it System A/C HN Taman Will Headqurten(Neaq-Pkq FIr, Statlom LGHQ-23$239tal Heating Und- Idraed Oftpard Headc-n(Ne nFw) FireStess- A Lhepard Flo If Lffvls d HQ (8al6oa Pled Fir. Stab- Rod ITT Lheprd HO 1r Uf.perd HQ (Balboa P*4 FIr, Statfom Rod 11-don AHU a-, I Rod Roof Roof Rod Rod Rod Rod Rod Roof Rod Crap Roof Roof prame6c Dorm Firelight- offira En.rior Oofet / Rod Medd Ll-/ Rod Bays Arse Sand Fire Staten IT ROOM Day Door ll` n .Pours dome up-Irs donor d-mrtaln app bay rooms 1st Floor (Zed) Dorms Gym Garage [north-eestl G..p S9V0.west) Prertudc Dorm 2nd Floor FlrrWer office Paramedic Dorn 2nd Floor Firefthter dTise 1st Floor Rooms 2nd Floor Bays Latter Room locker Room laundry Are./ Back P.UrRg Fin Starl South Rod South FPaas North Rod lockers arts d 3 North Rod S.-T Room North Root W~ No" rod Off - South Pad Traldng Outgde Gen,ratlt Room SE Wk'g 0.10de Gtnerator Room SE Way{ Outsid. Generror Roam NW Vr4 SC.KaPedoy Rids 4 Ton D"It Night LG LG to LG LG to 4 Tom Ceder 5Tm U 3Tm KP 160.ODOBM Raptor 160.ODOBM Remse 1.51m Fu$Uu 31,000 BM CArrler 2.5 Tm Fuptw 34.000 BM Carrier 3 Tm Day B NigM 3 Tm Day, & Men Ste Ring - E.M. QV2 1.5 T. Carrier 1.5 T. C.H. 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Iw30l 48TCDODWASO4OAO MUG501n RKSIDSC1 LCADMAA C145253702 RGXD36H1UOkW C164IBM54 M M EVL933N725 XA-200 EVL93M726 AOt110m)(n LTN059687 251IHA42A300 OB19X72183 ASUIBRLF KSM22135 401,1KC15W.3 3417V00291 N 2, lIeIDD E123ao= N4A360CHC30D E1418214n FX4DNF019100EBAA 2818F39522 2$HHM18A30O o419X81n4 25HHM24A300 igim 3346 25HHA449A300 4A7A"It IOOOAA/ TG2R648D175B2505AP 17504N883F/ 7117K231M 48HAD05-551HV OBO7G30.3W MIUNWAU 2SHCP-130AC030010 25FKR330aOD30D10 CH5091HAAcii C22d1-FC-TXV-2 / HSIS 411 1P C22AI-FC-TXV-2J HS25-411 1P C22-41-FC.TXV-2 / GSC130362GA Remo carrier SON-k6O3 cYdar 5o w p.Hamma "Arctic 726 Day g Night / Day & Nth NW51M21204 / N2A56DGXC101 So owns 0009973 0507E18551 0507EM17 C17290602 5MBU213 / SMIL 25239 M95862211 / 58951. 25317 S89SM2207 / 120SI62730 Recorded knob Dora 20 1 2@2 2022 2022 2022 2022 2022 2MI Me 2016 1971 1971 2XD 2029 2D10 2M7 2012 2024 1994 d718 2017 2007 2DIJ7 2M6 2W7 2007 M7 19% 29% 2D12 201a 2023 2m4 A263217227/Mail 2014 Me 21R4 M24 10-27 Pointe vclG June 23, 2024 cQ ��Z`CpnYTUj e e Contro E S,' City of Newport Beach, California 592 Superior Ave, Building A RFP 24-73 On -Call Maintenance and Repair Services City wide Due June 25, 2024, before 3PM Attention: Kyle Brodowski, Superintendent kbrodowski@newportbeachca.gov Harbor Pointe Air Conditioning & Control Systems, Inc., located at 720 South Richfield Road, Placentia, CA 92870 is pleased to submit our quote for HVAC System Repair and Maintenance Services for the City of Newport Beach. Our office phone number is 657-275-9188, which also provides access to our on -call after hours services. The objective outlined in the scope of work includes maintaining, repairing and documentation of the HVAC assets of the City of Newport Beach, following procedures, notifying Facilities Management of repairs for authorization, or quoted proposals, as well as recommending repair verses replacement based on equipment's overall conditions and industry changes, all while staying within operating budgets. Maintenance is performed under the City's guidelines included in the scope of work provided, industry standards, manufacturer's guidelines, and Harbor Pointe's standards of excellence. Within HVAC maintenance, we have found it necessary to analyze both the interior and exterior environmental aspects of the building to provide a comfortable environment with healthy air. Some of the simplest aspects of maintenance such as changing the filter each quarter and the belts annually is just the beginning of maintenance during the warmer months. Clearing rooftop drain lines to the ground floor drain, cleaning coils each visit, and to truly inspect the air conditioning cycle components as well as electrical and mechanical components is needed to meet the demands of the equipment. quarterly maintenance is to visually inspect, run check, tighten belts, secure loose or exposed wires, and tighten or replace screws. Knowing the machine is part of Harbor Pointe's commitment to serving its clients. Every effort is made to address a potential problem with attention to detail, identifying a minor repair before it becomes a major expense. All company personnel understand that providing a thorough inspection of every hvac unit is vital to keep repairs to a minimum. As service calls do occur, the calls are acknowledged by our office for dispatch to a service mechanic working locally. Facility Management can expect to be informed throughout the entire repair process; this includes mechanics arrival, initial findings, providing a quote, and job completion. Harbor Pointe does its best to minimize the down time by responding within four hours. Emergency calls are within two hours. If the call is received late in the day, an evaluation of outside air temperatures and approvals to respond will be requested. We understand a fire station is also a residence for the firefighters on duty, so comfort is always needed, and we respond 24/7/365. Upon arrival we check in with the captain, gather further information and proceed to inspect the equipment for the services needed. Harbor Pointe works for its clients in the service of others. Harbor Pointe holds a C-20, C-38, and C-4 license with the state of California. We are celebrating 35 years in business as a trusted business in the HVAC industry providing Service, Installations, Energy Management, Retrofitting, and Maintenance within the industry. Our success is through building professional relationships with integrity and our responsiveness tailored to the individual needs of each client. Our mechanics receive their education through Union Local 250 Steam -Refrigeration -Air Conditioning -Pipe Fitters. We are a prevailing wage corporation registered with the DIR as well as Disabled Veteran Business Enterprise, and Minority Business Enterprise. As a business oriented 720 South Richfield Road • P6xentia • CA. 92870 • License Np, 683516 Office: (657)275-9188 1-800 377--7911 10-28 Harbor .J rr efe Control S s� towards serving others, we regard the mechanics on our team as the most important asset. We strongly encourage continual education either through the union, a manufacturer, or technical certification classes to stay current on the changing technology within the industry. We perform all work, we do not sub -contract our work. Harbor Pointe has experienced little turnover in the years. Our Senior Mechanics have been with Harbor Pointe for more than fifteen years. We strive to provide a healthy work environment and value each member of the organization. Harbor Pointe primarily services commercial, medical, institutional and municipal buildings. We have expertise in large systems including Central Plant Chiller operations and Control Systems, Our Service Department is computerized for dispatch, equipment history and maintenance schedules on each piece of equipment. We serve local, state and federal government agencies. Prevailing wages, certified payroll, safety compliance, and background checks are a part of our everyday business. Response is what to expect from Harbor Pointe. Our team responds quickly and effectively, ensuring client comfort, quality and fair pricing are the primary goals we strive for each day. Our maintenance and service managers work with each facility in tailoring and implementing their maintenance program to increase efficiency and extend the life of the equipment. Our Installation department manages both new and retrofit installations from start to finish with professionalism and prompt completion of each job. We also offer alternate support such as water treatment, piping insulation and rental of portable air conditioning equipment from one ton to temporary chillers. Harbor Pointe provides safe working conditions for all employees and promotes safety awareness at all levels. Harbor Pointe recognizes its responsibility to offer a place of employment safe for all employees, to provide safety devices and equipment, mechanical safeguards and to maintain and enforce a program to fulfill this responsibility. Harbor Pointe carriers liability and workers compensation and pollution insurance that meets or exceeds the requirements. Harbor Pointe understands the Request for Proposal is valid for a period of 180 days, We thank you for considering Harbor Pointe for your HVAC needs, f Al Az: Greg z Sammi Perez Pres t/CEO CFO/Operations Manager 720 South Richfield Road • Pfacentia • CA 92870 • License Np. 683516 Offim (657) 275-9188 • 1-800-377-7911 10-29 c- Background ��ioTyir� ZISIMI'm r- er' Contra[ 5� Thirty-five years ago, Harbor Pointe began with three Service Agreements and a background in Institutional HVAC controls, having been employed by the HVAC industry leaders of the day: Honeywell, Barber Coleman and MCC Powers as well as experience in HVAC problem solving dating back to 1974. We have steadily grown each year to twelve dedicated employees who value our clients as much as we do and approximately 150 accounts where we service and maintain HVAC and Refrigeration equipment. We specialize in institutional, municipal, and commercial facilities. From the beginning, Harbor Pointe's employees were Union trained but it was not until 2007, we rejoined the Union to provide our younger mechanics with further education and skills we felt they could only receive as graduates of the union apprenticeship and journeyman programs. Harbor Pointe has worked in all facets of the HVAC industry. We are trained and certified in controls from Pneumatics, Carrier VVT and on into the modern era of Metasys and Pelican control systems. We are problem solvers dedicated to our client's comfort and their building operations while maintaining the awareness to being cost effective and budget minded. Work Plan Harbor Pointe takes the maintenance guidelines that are in the scope of work provided and implements these requirements into the work orders generated for the scheduled Maintenance. We utilize off season scheduling to perform annuals on equipment: Late Winter/Early Spring HVAC Annuals including belt changes and coil cleaning assist in efficiency and prolonged life. Understanding and providing tracking notification movement within a multi -location operation such as a city provides Facilities Management the awareness of the contractor's presence at the various buildings. The fire stations are treated as a residential service call, the firefighters want that residential respect given to the stations with regards to knowing who to expect in their fire house and what service is being provided. Maintenance schedules will be provided in advance to Facilities Management to inform onsite representatives of pending work scheduled to take place. We will also tali/email ahead of the mechanic to provide awareness of Harbor Pointe's pending presence. Should fire station personnel be out on a call, arrangements can be made for rescheduling should it be determined by Facilities Management when contacted. When calls for repair service are placed, we notify all involved in the request for service of our movement towards them. Upon arrival, we check in with on -site representative or Facilities personnel and review the call for service. At times, we need to speak with the person making the request to have a clear picture of what was experienced and noted in the mechanics work order. Harbor Pointe inspects the unit or area involved then contacts Facility Management with our findings. We quote repairs as required and proceed with repairs once approvals are received. We keep the Facilities Manager advised of the repair status. Upon completion, a written report is provided at check out with personnel for signatures. Any additional findings are reported to Facilities Management as required. 720 south Richfield .Road * �Pfaeentia CA 92870 • License No. 683516 Offiee• (657)275-9188 • 1-800-377-7911 10-30 • Harborr o t� ing c5- Contra Approach and Strategy Harbor Pointe's approach is to follow the professional protocol specific by the City of Newport Beach's standards and guidelines set forth in the scope of work as well as industry standard for maintenance, service call repairs, and installations. We are prepared with a qualified team who provide outstanding service. Our goals start with communication. Our service procedures begin with the point of contact at Facilities Management. Mechanics are notified and review equipment notes. There is further communication after inspection of equipment in order to provide cost effective solutions with professional repairs or installations. The same communication is provided during maintenance care procedures to minimize mechanical failures. Service is written up and briefly reviewed with the onsite personnel in order to close the job with signatures. We utilize computerized service orders so that clients who are not on -site can have service orders emailed to them for review. Once complete, service orders are processed and invoiced in the office. We understand the need to exercise all efforts to minimize interference with regards to our services being performed and the normal activities of the city facility. We report to Facilities Management, and we act under their authorization to proceed. Should there be questions regarding services from other city personnel, we will pass the information back to Facilities Management and await their direction with how we are to respond. At all times the city's chain of command is respected. We understand that maintenance services are to be performed during regular business hours of the city unless specified. Maintenance and inspections are performed every thirty or ninety days as stated in the RFP in accordance with industry standards and manufacturer's specifications. Belts are inspected and tightened each quarter and replaced in the spring or as needed. Coil cleaning is scheduled each visit to increase the efficiency of the machinery and reduce salt build up on the equipment. A schedule of maintenance routes will be provided for review and approval. The City of Newport Beach will be assigned a team of seven mechanics to work together on the equipment. Our mechanics have the experience required to execute the prescribe tasks and make necessary recommendations for all repairs. Harbor Pointe's personnel are well trained in controls and all aspects of HVAC to serve their clients. HVAC Maintenance Maintenance is more than filters and inspection. It is a proactive response to preventing downtime in all instances of application in reference to comfort, equipment, processing, and product cooling. It is during maintenance that items of concern are notated and can be addressed before a potential failure occurs. Unit components, operations and functions are tested and inspected, visuals for oil, refrigerant leaks, potential leaks/clogs are also noted and followed up at that time with Facilities Management for further service approval. Harbor Pointe Mechanics with five or more years of experience perform the maintenance. They will address the issues found upon approval, eliminating many of the service calls for equipment at all facilities. We eliminate the corporate idea of sending another mechanic out for further diagnostic and repair which adds to costs and delays. 720 South 1 jchfie(d mud • Placentia • CA 92870 • Licima No. 683516 Office: (657)275-9188 + 1-800 377-7911 10-31 Harbor Service Calls/GPS Tracking I ._/ r- A:(�I* rQh� onxrz� ear' Contro E S�5�� Service calls are received by phone or by e-mail depending on the client. The office takes information from the client, enters it into the computer and dispatches the mechanic to respond. Daily, we have service mechanics whose workload is structured for service call responses within two hours. We have utilized computer GPS tracking for almost twenty years to give a quick visual on all mechanics location and movements throughout the day. Emergency Response Whether before, during or after hours, a call placed to Harbor Pointe is responded to immediately. The closest Mechanic is notified through a computerized dispatch and receives a follow up call with additional information and confirmation of arrival. The client is contacted with confirmation that the mechanic will be arriving usually within the hour. Depending on the situation, additional mechanics are notified and are on stand-by in case they are needed to assist. Some of our clients prefer to call directly to the mechanics in emergency situations. The mechanic contacts the office for clearance to respond or to assign another mechanic if they are not able to clear their present job. We want our clients to feel we are here for them. On -Call After Hours Response Time Our on -call response time is under two hours. The mechanics take their On -Call rotation seriously and arrange their evenings and weekends to be noncommittal in their off hours. To support our clients during the peak seasonal fluctuations we add additional mechanics to the rotation. As excessive temperatures dictate, office staff will come in on weekends or stay late to ensure calls receive our personal care, Availability Harbor Pointe is available 24/7/355. Our Mechanics start their day at 7 a.m. depending on the work for the day or as late as 9 a.m. to cover late service calls. The office opens at 8:00 a.m. unless weather conditions warrant the staff to be onsite earlier or stay past S p.m. Quality Assurance Quality Assurance is approached two ways. First, Harbor Pointe's senior mechanics and owners will periodically inspect job sites in the course of their day. Secondly, maintenance routes are periodically changed so that fellow mechanics are checking on one another. Quality assurance includes communication with the client, inspecting work performed, a clean work area and service report documentation. Warranty and Guarantees for Services Provided Harbor Pointe wants our clients to be completely satisfied with our services. We stand by our work. We warranty our labor on small repairs items for 90 days, and compressor or motor replacements and installations for one year. 720 South R.ichfidd 7toad • PCacentia • CA 92870 • License Np. 683516 Office.- (657)275 9188 • 1-800-377-7911 10-32 Ayr ---a er Controf 5� Harbor Pointe's warranty for parts is the manufacturer's warranty. Compressors and motors are at least one year while some compressors will be up to five years. New installs are warrantied for a year on parts and labor. Extended warranties are available at the time of installation as well. We know how important the HVAC is in any business setting. Should there be any questions as to the warranty from the manufacturer, we will always return the client to full operations with complete satisfaction and handle all issues with the Manufacturer. An operating system is the primary goal. Your satisfaction and the quality of our work is what matters to us. General Requirements Harbor Pointe can meet and exceeds in all the performance, service, repair, and technical requirements. We have included in this proposal the resumes of the mechanic that would be addressing the daily needs of the City of Newport Beach. Our vehicles bear our logo. The mechanics are dressed in professional button-down shirts with the Harbor Pointe logo and their name above the pocket. Harbor Pointe works with the City in order to fully serve the needs of each building and critical areas within the buildings. 720 South Richfield Road • Awentia • CA. 92870 • License JP. 683516 Office: (657)275-9188 1-800 377-7911 10-33 EXHIBIT B SCHEDULE OF BILLING RATES Harbor Pointe Air Conditioning & Control Systems, Inc. Page B-1 10-34 COST FILE Section 1: Monthly/Quarterly Preventative Maintenance Pricing COST FOR COST FOR TOTAL ANNUAL CITY FACILITY ADDRESS MONTHLY MAINTENANCE QUARTERLY MAINTENANCE MAINTENANCE COST Corporation Yard 592 Superior Ave $ $ C(�'1�.c4 Utilities Yard 949 W. 161" St $ ,2,�5,� ., $ 0 Back Bay Science 600 Shellmaker Rd $ j f _ �Z,Q $ Police Dept. HQ 870 Santa Barbara Ave $ 2�l5Z:i2 $ 1 "1�1C•L�Ch Animal Shelter 20282 Riverside Dr $ 1 $ Fire Station # 1 110 E Balboa Blvd $ --�a 1� $ Fire Station # 2 2807 Newport Blvd $ _1 7 2 Fire Station # 3 868 Santa Barbara Dr $ Fire Station # 4 124 Marine Ave $ '3 Fire Station # 5 410 Marigold Ave $ $ 22i Fire Station # 6 1348 Irvine Ave $ , 2 $ , Fire Station # 7 20401 SW Acacia St $ $ . Fire Station # 8 6502 Ridge Park Lifeguard HQ 70 Newport Pier $ 3 l5 G $ Jr Lifeguard Building 901 East Ocean Front $ r , 15� . 2 $ 1 P.46 CDM Lifeguard HQ 3029 Ocean Blvd $ "T�, lZ $ ������ Total for all Facilities $ � ' $ �� U Z �� $� ,12 10-35 COST FILE Section 2: On -Call Repair Services Pricing "For purposes of the project costs score, on -call will be estimated at 100 hours annually UNIT MINIMUM HOURS COST Labor Charge Hours $ Per Hour After Hours Labor (To be used for work performed after 4:30 PM $ Per Hour Monday — Thursday, after 3:30 _Hours PM on Fridays, and all of Sat., Sun., and holidays. Replacement Equipment, Parts, Materials, and Equipment Rentals Markup % (Maximum 15%) CPI ADJUSTMENT: Billing rates may be given up to a 2% annual CPI increase upon the first anniversary of the contract and each anniversary thereafter. The City intends to award a five (5) year agreement term, subject to City Council approval. Sample Project: See sample project attachment. Other Costs: In the space below, please indicate if other costs/services may be associated with providing the requested services in this RFP that are not included in the tables above. The costs provided in this section may be used to assist in the determination of the contract award. If the "Yes" box is checked, separate page(s) must be attached as part of the Cost File. Yes No 10-36 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-1 10-37 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-2 10-38 insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-3 10-39 G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Harbor Pointe Air Conditioning & Control Systems, Inc. Page C-4 10-40 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Harbor Pointe Air Conditioning & Control Systems, Inc. hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-1 10-41 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-2 10-42 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of } ss. On 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Harbor Pointe Air Conditioning & Control Systems, Inc. Page D-3 10-43 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to Harbor Pointe Air Conditioning & Control Systems, Inc. hereinafter designated as the "Principal," an agreement for On -Call HVAC Maintenance and Repair Services Citywide, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed Harbor Pointe Air Conditioning & Control Systems, Inc. Page E-1 10-44 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: LIM Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Harbor Pointe Air Conditioning & Control Systems, Inc. Page E-2 10-45 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Harbor Pointe Air Conditioning & Control Systems, Inc. Page E-3 10-46