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HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-09 SMAGENDAITEM cobq CITY OF LODI 0 COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute a Two -Year Customer Support Agreement with L & H Airco, of Roseville, for Maintenance of Climate Control Energy Management Systems at City Facilities and Authorizing Public Works Director to Execute a One -Year Extension ($42,765) MEETING DATE: PREPARED BY: June 17, 2015 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute a two-year Customer Support Agreement with L & H Airco, of Roseville, for maintenance of climate control energy management systems at City facilities and authorizing Public Works Director to execute a one-year extension ($42,765). BACKGROUND INFORMATION: On May 4, 2011, City Council adopted a resolution authorizing the purchase and installation of an Alerton Energy Management System (EMS) from sole supplier L & H Airco, of Roseville. An EMS allows for the City's complex climate control systems to be remotely monitored and electronically controlled maximizing operational efficiency. Since 2011, the City has entered into a Customer Service Agreement (CSA) with L & H Airco for maintenance of these systems located at Police, City Hall, Carnegie Forum, Finance, Fire Station No. 4, Multi Modal Station and the Library. Staff recommends Council adopt a resolution authorizing the City Manager to execute a CSA with L & H Airco for maintenance of climate control EMS for City facility HVAC systems in an amount not to exceed $28,510 over two years with an option authorizing the Public Works Director to extend for one additional year for $14,255. FISCAL IMPACT: Executing a CSA with L & H Airco for all City facilities equipped with Alerton EMS will provide better management and maintenance of the City facilities HVAC systems. FUNDING AVAILABLE: Funding for this activity is budgeted in Facilities Operating account (10051000): $42,765 Jordan Ayers Deputy City Manager/ internal Services Director J11 F. Wally Slindelin Public Works Director Prepared by Rebecca Areida-Yadav, Management Analyst FWS/RAY/kjc APPROVED: , City Manager \\CVCFILV02\PubWks$\WP\COUNCIL\2015\LH EMS CSA_2015.doc 6/3/2015 EMS Support Agreement L&II AIRCO SACRAMENTO - FRESNO - SAN DIEGO By and Between: L&H Airco 2530 Warren Drive Rocklin, CA 95677 Customer: City of Lodi For Locations: Lodi Police Facility, Lodi Civic Center, (City Hall, Carnegie Forum, Finance Dept.) Lodi Fire Station #4 Lodi Multi Modal Station Lodi City Library Term: Date: 6/1/2015 to 5/31/2017 Tier 2 Contract Prepared By: Kevin Bender Customer Service Representative Date: 5/19/2015 Ph#: (916) 677-1000 Fax: (916) 677-1111 Cell: (916) 997-0042 L&H Airco Customer Support Agreement Worksheet Following is a list of the Support Services we will perform to maximize the value of your investment in your Building Control System. Immediately following the list of Support Services, is a detailed description of each service. EMS support services provided by L&H Airco are backed by Factory certified training and each technician that supports your facility is a qualified product representative. GENERAL SERVICES- TIER 1 (Included in All Support Agreements) ❖ Administrative Services: • Dedicated Account Team ✓ Account Manager ✓ Service Technicians • Documentation of all work performed • Quality Assurance Program • Discounted parts & labor rates ❖ Technical Support: • Remote troubleshooting and diagnostics (during normal working hours) • Parts support Site Monitoring: • Routine troubleshooting and diagnostics • Automatic response by technical support personnel ❖ Emergency Response Services (Standard or Premium) • On -Line response (Network Connector via Telephone) • On -Site response • After-hours response QUARTERLY SERVER & GLOBAL SERVICES- TIER 2 ❖ Building Control System Performance Checks: • Database protection (Back-ups) • Performance analysis (PC check-ups) • Data communication optimization ❖ Building Control System Technology Updates: • Software updates* QUARTERLY EQUIPMENT SERVICES- TIER 3 ❖ Central Equipment Performance Testing: • Air Handlers • Chilled Water system • Hot Water system ADD-ON SERVICES ❖ Tenant Override Logging: • Maintain and provide billing reports for after-hours tenant activity 4- Customer Training: • On-site informal Operator training/software consultation • L&HAirco Training Center formal classroom training ❖ Alarm Monitoring: • Initial alarm set-up • Pager or Email alarming • Automatic response by technical support personnel • Troubleshooting and diagnostics • Monthly review of system reports ❖ Air Quality Testing: • Using state-of-the-art testing devices • Record # of spaces per quarter • Report of findings ❖ Flex hours: 0 Provide hours of prepaid service L&H Airco Customer Support Agreement Details General Services Included In all Support Agreements: Administrative services: A dedicated Account Manager will be responsible for your total service satisfaction. They will provide the designated services, monitor equipment performance and track equipment service history. They will perform the Quality Assurance audit; consulting with you to ensure we are meeting your objectives. A Service Team dedicated to maintaining your system. Our Service Team knows EMS; all of our service technicians are factory trained. They are specialists in maintaining and troubleshooting EMS equipment. All work will be documented on Work Reports. These reports will detail the service performed, materials used and hours spent working with you and your system. A System & Service Log will be provided, use the log for documentation of concerns, system problems and other related items requiring our attention. Each scheduled service visit shall begin with a review of the log and be completed by the technician updating it. Price Advantage & Discounted Labor; as a Support Agreement customer you will receive a discount off the normal labor and equipment prices. Our standard truck charge is also waived. *Please note that manufacturer equipment prices are subject to change. Technical Support: We will provide troubleshooting and diagnostic support over the phone or via email. The tech -support assistance is available to you at no additional cost during normal working hours. This includes the cost of most service that can be provided by remote access for the location specified. Services such as: time synchronization, scheduling set-up techniques, trend log set-up techniques and usage, basic troubleshooting, questions/answers about system performance etc. You simply need to supply/maintain an analog phone line or network connection to enable our local office to remotely log -on to your EMS system. We will log -on to your system for addressing an owner or owner representatives' request or inquiry, we will try to fix the problem or at a minimum narrow the problem down to a specific item or group of items. The technician will contact you or your representative when the review is complete. Site Monitoring: L&H Airco will provide your facility with monthly* monitoring. Our staff will dial up the site on a monthly basis to ensure that the system is functioning properly. A technical support representative will provide a report to the customer of any problems that were found. We will check your site for items such as alarms, non-functioning controls, abnormal readings, or rooms that are not at designated temperatures. If we have noticed any problems we will call and advise you on a course of action. In many cases we can help solve the issue before it generates occupant complaints. If an issue is found we will try to "Band-Aid" the system until repairs Canbe made. *Monthly monitoring is the minimum frequency, please discuss with your Account Manager if you need daily or weekly services - On -line Emergency Response Services: Emergencies can and usually do happen when you least expect it and many times on the weekends or after 4:30 PM. It is very important to L&H Airco to provide support in all emergency situations for all of our customers. We have available a 24/7 emergency phone line. You can utilize this service in an after-hours emergency situation by calling 916-677-1010 and following the prompts for emergency service. We will try to fix the problem or at a minimum narrow the problem down to a specific item or group of items. The technician will contact you or your representative when the review is complete. Emergencies will be determined by your staff and L&H Airco. ❖ Standard On-line Response Time (Included with all Customer Support Agreements) We will respond within two (2) business hours; M -F; 7:30 AM to 4:30 PM, excluding holidays. OR ❖ Premium On-line Response Time We will respond within two (2) hours; 24 hours/day, 7 days/week, including holidays. On-site Emergency Response Services: If during our On-line Emergency response we are unable to resolve the situation we will dispatch a Service Technician to your facility. Non -emergency calls, as determined by your staff and L&H Airco will be incorporated into the next scheduled service call. Standard On-site Response Time (Included with all Customer Support Agreements) We will be on site within one (1) business day; M -F; 7:30 AM to 4:30 PM; excluding holidays. OR ❖ Premium Emergency On-site Response Time We will be on site within four (4) hours*, 24 hours/day, 7 days/week, including holidays *After the completion of the telephone and dial-up response. *Emergency Response Services listed above guarantee L&H Airco's response time only. The cost of on-line and/or on-site emergency service is not included in the scope of this contract and will be billed at the applicable lime & material rates. Quarterly Server & Global Services: Building Control System Database Protection: EMS workstation database and graphics backups safeguard your HVAC Control System's vital databases of business information from unforeseen and costly catastrophic events (lightning strike, electrical power surge, flood, physical damage etc.). We will back- up your HVAC Control System database, software and graphics a minimum of four (4) times per year and provide safe storage of this critical business information. Should a catastrophic event occur, we will respond onsite or online to reload the databases and system files from our stored backup copy and to ensure proper operation and performance. *Repair cost and hourly cost to reload the databases and system file will be billed at the applicable T&M rates. Building Control System Analysis: Your DDC control system is a very dynamic and interactive system. As such its operations, graphics and programming intentionally and unintentionally change over time. With Control System Analysis we will analyze the current status of your system's operations, graphics, & programming and compare them to the prior status report. We will then meet with you to discuss the changes and the effects of those changes on the operation of your building control system. DDC Data Communication Performance Analysis: To have confidence that all HVAC equipment in your facility is working seamlessly and quickly you must know that the DDC data communication network is fully operational and its performance is optimal. We will analyze the physical condition of your DDC data network and the performance of the data communications. We will then meet with you to discuss the network condition/performance and make recommendations for improvement. Technology Updates: EMS manufacturers periodically release software updates for your controls system which provide added interface features, increase communications speed and increase performance to name a few. L&H Airco will provide these updates as they become available, always keeping your system software state-of-the-art. *This service includes updates to the Control System software only. No Key, hardware, operating system or other Yd -parry software updates or upgrades are included with this service. Quarterly Equipment Services: Central Equipment Functional Performance Testing: Air Handler Functional Performance Testing- Using our software tools (receiver controller for IBEX, PID for BacTalk) we will analyze the performance of your HVAC air handling systems. This service is delivered two (2) times per year, Spring & Fall. During the spring service we will focus on the operation of the air handler cooling system control loops: outside air dampers, mixed air dampers, chilled water valve actuators, temperature sensors. During the fall service will focus on the operation of the air handler heating system control loops: outside air dampers, mixed air dampers, heating valve actuators, temperature sensors, water coil freeze -protection sensors and temperature alarms. Chiller/Chilled Water System Functional Performance Testing- Reliable and Optimized performance of your chiller plant is critical to the operations of your facility. As part of this performance service one (1) time per year we will run an operational controls sequence to test the full range of the chiller and chilled water distribution system. We will analyze the chilled water supply temperatures at low and full -load conditions; verify temperature set point reset operations, chiller alarm interface to the DDC system, and the lead/lag operations of the chilled water system. Boiler/Hot Water System Functional Performance Testing- Reliable and Optimized performance of your heating plant is also critical to the operations of your facility. As part of this performance service one (1) time per year we will run an operational controls sequence to test the full range of the boiler and hot water distribution system. We will analyze the hot water supply temperatures at low and full -fire conditions; verify temperature set point reset operations, boiler alarm interface to the DDC system, and the lead/lag operations of the hot water system. Other Services: 24HR Alarm Monitoring: We maintain dedicated alarm receiving pagers and E-mail PC's to be on call and waiting for your alarms 24 hours a day, every day. We will most likely know about your alarms before you do. When you sign up we will come to your site and setup your system to dial out the alarms that you want us to know about and respond to. Our personnel will work directly with you to determine your exact needs. After receiving an alarm, we will dialup your system and troubleshoot the problem. When we have determined the cause of the problem, we will call and advise you of the action to be taken. In many instances we can either solve the problem entirely or "Band-Aid" the system until a site visit can be made. You will receive a written monthly report of your system which will detail alarms, logs and critical points as well as unusual activity or problems found. Tenant Override Logging: Most systems provide a tenant override logging feature integrated into the software allowing the owner to view tenant override hours. This feature is a very useful tool for monthly tenant billing. Your L&H Airco Service representative will provide you with building override documentation each month for use in the billing of building tenants for HVAC usage after normal working hours. One of the largest benefits tenant billing provides, aside from extra income to you, is that it keeps L&H Airco in touch with your building, allowing us to make changes to tenant information as changes occur. This helps maintain system accuracy as tenants change, rather than once a problem occurs and no one remembers the descriptions of that area. Year round system accuracy for tenant billing is very important to insure you receive proper payment for any after hours HVAC usage and to maintain your tenant's confidence in the fact that the monthly billing they receive is valid and true. L&H Airco will do this by maintaining all tenant billing logs and data displays to list all current occupants. Monitor and record total override hours for each tenant. Provide via facsimile or E-mail detailed printouts of total override hours for each tenant, each month. Flex- Hours Support Services: Flex -hours support, as you need it, whether it is online support from our office, or for an on-site visit from a service technician. Prepaying for these hours allows you to budget for emergency calls or special projects, and spread the payments on your terms. We will provide an agreed upon number hours of Flex -Hours support per year. Air Quality Monitoring: We now offer a scheduled program to monitor and evaluate key environmental parameters, including mold, within your building. We utilize an advanced state-of-the-art building performance evaluation system to bring you a cost effective method of understanding and documenting the dynamics of your building's environment. Our program is designed to maintain the highest quality indoor environment by regularly monitoring designated locations throughout your building. It is important to properly respond to indoor environmental issues. Before planning the necessary fixes to the problem, the problem must first be documented and analyzed. The final reports are designed to be comprehensive, easy to understand, and most importantly meaningful to those responsible for building operations. The Building Performance report summarizes all the data collected and graphs all measured parameters and provides specific recommendations based on that data. Our technical staff will work with you using these reports to optimize the performance of your building. As part of your team, you can be confident we will work with you to maintain your building's indoor environment to a high standard. Customer Training: L&H Airco Certified Classroom Training: We provide classroom -format, training courses. The training courses are conducted at the L&H Airco Training Facility in Roseville. You can select from any of the training courses listed in the local training directory. Classes provided by our full- time training staff are tailored to your needs and your specific EMS system, but are classified in 3 standard categories: Basic Operator Training Advanced Operator Training Programmer Training Factory Classroom Training: These training classes are conducted at the Alerton Corporate training facility in Redmond, Washington. You can select from any of the training classes listed in the local training directory or on the Alerton Website. On -Site Training/Operator Coaching: Through our individual On -Site Training/Operator Coaching, we will introduce, review and reinforce skills, leading to greater utilization of HVAC Control System applications implemented in your facility. We will provide an agreed upon number of hours per year of coaching for your facility staff, Monday through Friday 7:30 AM to 4:30 PM. Our systems experts assist your operators in identifying, verifying and resolving problems found in executing tasks. During the training/coaching sessions we can address; logbook issues, assist your operators in becoming more self sufficient, and tailor HVAC Control System applications to the needs of your facility and to your operators' specific job responsibilities. Labor Rates Goals Summary Your Operations Staff is responsible for critical equipment that is sensitive to temperature and other environmental influences. Your staff is experienced in all areas of HVAC and temperature controls and may not require a high level of support from vendors, but uses support plans to augment their current knowledge and protect their equipment investment over the long term. The goals with this proposal: 1. Provide the Technical knowledge you need to maintain your building 2. Develop a regular maintenance relationship with you to promote automated operation of controls and maximum facility uptime Contained in this proposal: 1. A wide range of L&H Airco Custom Service Plan Features (based on customer request and input). 2. Tentative Schedule of Services. 3. Support Plan Pricing Summary and terms and conditions. 4. 60% off list price for Alerton BACtalk parts Standard Time Preferred Time Standard Preferred & Material Rate & Material Rate Overtime Rate Overtime Rate (M -F 730 AM to 430 PM) (M -F 730 AM to 430 PM) (M -F 5 PM to 8 AM (M -F 5 PM to 8 AM excl. Holidays excl Holidays Sat, Sun & Holidays) Sat, Sun & Holidays) Tech Support $ 110.00 $ 80.00 $ 145.00 $ 115.00 Service Tech $ 110.00 $ 80.00 $ 145.00 $ 115.00 Truck Charge $ 45.00 $ 0.00 $ 45.00 $ 0.00 Goals Summary Your Operations Staff is responsible for critical equipment that is sensitive to temperature and other environmental influences. Your staff is experienced in all areas of HVAC and temperature controls and may not require a high level of support from vendors, but uses support plans to augment their current knowledge and protect their equipment investment over the long term. The goals with this proposal: 1. Provide the Technical knowledge you need to maintain your building 2. Develop a regular maintenance relationship with you to promote automated operation of controls and maximum facility uptime Contained in this proposal: 1. A wide range of L&H Airco Custom Service Plan Features (based on customer request and input). 2. Tentative Schedule of Services. 3. Support Plan Pricing Summary and terms and conditions. 4. 60% off list price for Alerton BACtalk parts Support Plan Summary and Pricing Included Custom Service Plan Features in this agreement as detailed in the previous section: Included in all agreements: Quarterly On -Site Services: 0 General Services ❑ EMS Technology Updates E Technical Support System Performance Dial- up Services: ❑ Central Equipment Performance Test 0 Monthly Site Monitoring ❑ Air Quality Testing ❑ 24hr Alarm Monitoring ❑ Flex Hrs Support (anytime) hrs ❑ Tenant Override Logging 'training: Other: L&H Classroom Training people ❑ Standard Emergency Response jam, ZN Alerton Factory Training people Premium Emergency Response On -Site Operator Training hrs By and Between: L&H Airco 2530 Warren Drive, Rocklin, CA 95677 Customer (known as): City of Lodi Term: 6/1/2015 thru 5/31/2017 Pricing for these features is based on a 1 -year program, billed annually at the beginning of the contract year. Cancellation conditions are detailed in the "Terms and Conditions" section. For these services, Customer agrees to pay L&H AIRCO the sum of $14,255.00 for the year of 2015 through 2017, payable in advance or upon presentation of a quarterly invoice of $3,563.75 L&H Airco believes that this proposal includes the best interests of the City of Lodi's Buildings and is based on your input. Please feel free to contact me if you have any changes. If accepted, sign and date below and return to L&H Airco with purchase order information. The other copy is for your records. Presented by: _Kevin Bender Accepted by: Title Customer Service Rep Title Date 5/19/2016 Date Affmad 8S t10 fOTIn My Attorne•j _e L&H Airco TERMS AND CONDITIONS The following terms and conditions are attached to and form an integral part of Sacramento Cooling Systems (referred to herein as "L&H Airco") Customer Support Agreement Proposal ("Proposal"). The portions of such Proposal relating to "Scope of Work" or any "Proposed Solution" (in either case, referred to herein as the "Proposed Solution"), together with these terms and conditions, are collectively referred to as the "CSA Agreement". Article 1: General 1.1 a) The CSA Agreement, when accepted in writing by the Customer and approved by an authorized representative of L&H Airco shall constitute the entire, complete and exclusive agreement between the parties relating to a technical support program ("Services") for the equipment and software identified in the List of Equipment or the Service Coverage Report attached to the CSA Agreement ("Equipment") and. shall supersede and cancel all prior agreements and understandings, written or oral, relating to the subject matter of the CSA Agreement. The CSA Agreement and any rights or obligations thereunder may not be assigned by either party without the advance written consent of the other. (b) The terms and conditions of this CSA Agreement shall not be modified or rescinded except in writing, signed by a corporate officer of L&H Airco. L&H Airco's performance under this CSA Agreement is expressly conditioned on Customer's assenting to all of the terms of this CSA Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be submitted to L&H Airco by Customer relating to this subject matter. c) The terms and conditions set forth herein shall supersede, govern and control any conflicting terms of the Proposed Solution or the Proposal. 4.2 The limited warranties set forth in Section 4.1 will be void as to, and shall not apply to, any Equipment (i) repaired, altered or improperly installed by any person other than L&H Airco or its authorized representative; (ii) subjected to unreasonable or improper use or storage, used beyond rated conditions, operated other than per I.&ll Airco's or the manuracturces instructions, Or otherwise subjected to improper maintenance, negligence or accident; (iii) damaged because of any use or the Equipment after Customer has, or should have, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by L&H Airco or not bearing L&H Airco's nameplate. 4.3 L&H Airco will indemnify Customer from and against losses, claims, expenses and damages (including reasonable attorney's fees) for personal injury or physical damage to property, but not loss of use of the property resulting from such damage or from damage to any work performed hereunder. Such indemnification shall be solely to the extent caused by or arising directly from L&H Airco's or its employees', consultants' or agents' negligent acts or omissions or willful misconduct in connection with its performance of Services hereunder. L&H Airco's obligations under this indemnity provision shall not extend to claims, losses, expenses and damages arising out of or in any way attributable to the negligence of Customer or its agents, consultants or employees other than L&H Airco. 1.3 Either party may terminate or wriend this CSA Agreement by ,vrrrcr": i.usrumer "eapuna1a1uuea giving the other party at least thirty (30) days prior written notice of such amendments or intent not to renew. 1.4 This CSA Agreement shall be governed by and enforced in accordance with the laws of the State of California. 1.5 Customer will at all times designate a contact person with authority to make decisions for Customer regarding the Services. Customer will provide L&H Airco with information sufficient to contact such person in an emergency. If such representative cannot be reached, any request for Service received from a person located at Customer's premises will be deemed authorized by Customer, and L&H Airco will, in its discretion, act accordingly. 1.6 L&H Airco will be permitted to control and/or operate all Equipment necessary to perform the Services. Article 2: Equipment Testing, Inspection and Maintenance 2.1 The Customer represents that all Equipment is in satisfactory working condition. By the latter of the first thirty (30) days of this CSA Agreement or the first scheduled inspection, L&H Airco will have inspected all the Equipment. 2.2 If the Proposed Solution provides for maintenance, any repairs and replacements of Equipment are limited to restoring the proper working condition of such Equipment. L&H Airco will not be obligated to provide: replacement Equipment that represents significant capital improvement compared to the original. Exchanged components become the property of 1..&I-1 Airco. Article 3: Charges, Fees and Invoices 3.1 Payments to be made under this CSA Agreement will provide for, and be in consideration of, only Services specifically included under the Proposed Solution. All other Services, including but not limited to the following, shall be separately billed or surcharged on a time and materials basis: (a) emergency Services performed at Customer's request, if inspection does not reveal any deficiency covered by this CSA Agreement; (b) Services performed other than during L&H Airco's normal working hours; and (c) Service performed on equipment not covered by this CSA Agreement. 3.2 Invoices are due upon receipt or otherwise as may be set forth therein. 1f any payment is not received when due, L&H Airco may deem Customer to be in breach hereof and may enforce any remedies available to it hereunder or at law, including without limitation suspension or termination of Services and acceleration of payments. Article 4. Allocation of Risk 4.1 (a) Until one year from either the date hereof or the date the Equipment is installed, whichever first occurs, all equipment manufactured by L&H Airco or bearing its nameplate will be free from defects in material and workmanship arising from normal use and service. (b) Labor for all Services under this CSA Agreement is warranted for 90 days after the work is performed. 5.1 Customer will operate and maintain all Equipment in accordance with applicable manufacturer's specifications, including those set forth in the manufacturer's operating manuals or instructions, as well as all requirements of applicable law or of authorities having jurisdiction. 5.2 Customer will promptly notify L&H Airco of any unusual operating conditions, system malfunctions or building changes that may affect the Equipment or any Services. 5.3 Customer will provide L&H Airco with reasonable means of access to the Equipment and shall make any necessary provisions to reach the Equipment and peripheral devices. Customer will be solely responsible for any removal, replacement or refinishing of the building structure or finishes that may be required to gain access to such Equipment. Article 6: Limitations of Maintenance or Service Obligations 6.1 L&H Airco will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of: (a) non -maintainable, non -replaceable, or obsolete parts of the Equipment, including but not limited to ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower fill, slats and basins, etc. unless otherwise specifically stated herein; or (b) negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill, failure to comply with manufacturer's operating and environmental requirements, Acts of God, or other reasons beyond its control. L&H Airco assumes no responsibility for any service performed on any Equipment other than by L&H Airco or its agents. 6.2 L&H Airco shall not be responsible for loss, delay, injury or damage that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees or agents, Acts of God, war, civil commotion, acts of government, fire, theft, corrosion, flood, water damage, lightning, freeze -ups, strikes, lockouts, differences with workmen, riots, explosions, fuel, labor or materials. 6.3 L&H Airco is not responsible for repairs, replacements or services to Equipment due to corrosion, erosion, improper or inadequate water treatment by others, electrolytic action, chemical action or other reasons beyond its reasonable control. 6.4 L&H Airco shall not be responsible for the removal or reinstallation of replacement valves, dampers, waterflow and tamper switches required from pipes and duct work including any venting or draining systems. RESOLUTION NO. 2015-77 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR CUSTOMER SUPPORT AGREEMENT FOR MAINTENANCE OF CLIMATE CONTROL ENERGY MANAGEMENT SYSTEM AT CITY FACILITIES, AND FURTHER AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A ONE-YEAR EXTENSION WHEREAS, on May 4, 2011, the City Council adopted Resolution No. 2011-67, authorizing the purchase and installation of an Alerton Energy Management System (EMS) from sole supplier L & H Airco, of Roseville; and WHEREAS, an EMS allows for the City's complex climate control systems to be remotely monitored and electronically controlled maximizing operational efficiency; and WHEREAS, the City has entered into a Customer Service Agreement (CSA) with L & H Airco for maintenance of these systems located at the Police Department, City Hall, Carnegie Forum, Finance Department, Fire Station No. 4, Multi -Modal Station and Library; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a CSA with L & H Airco for maintenance of climate control EMS for City facility HVAC systems, in an amount not to exceed $28,510 for a two-year period; and WHEREAS, staff further recommends authorizing the Public Works Director to execute a one-year extension to the CSA if in the best interest of the City to do so, and on the same terms and conditions set forth in the contract. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a two-year Customer Support Agreement with L & H Airco, of Roseville, California, in an amount not to exceed $28,510; and BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to execute a one-year extension to the Agreement if in the best interest of the City to do so, and on the same terms and conditions set forth in the Agreement. Dated: June 17, 2015 I hereby certify that Resolution No. 2015-77 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS —Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-77