HomeMy WebLinkAboutAgenda Report - June 7, 2017 C-08CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-8
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with L & H Airco, LLC, of Roseville, for Building Control System Support
Services and On-call Maintenance and Repairs ($75,000)
MEETING DATE: June 7, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION
BACKGROUND INFORMATION
Adopt resolution authorizing City Manager to execute Professional
Services Agreement with L & H Airco, LLC, of Roseville, for building
control system support services and on-call maintenance and repairs, in
the amount of $75,000.
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, LLC, 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 been in a Customer Service
Agreement with L & H Airco, LLC for maintenance of these systems located at Police, City Hall, Carnegie
Forum, Finance, Fire Station No. 4, Multi Modal Station, and the Library.
An update to the EMS monitoring software (originally installed in 2009) is now available. The new software
is more user friendly and allows City staff to even more effectively manage and troubleshoot the heating,
ventilation, and air conditioning (HVAC) system performance.
The Professional Services Agreement retains the Tier 1 and Tier 2 system management monitoring and
support services, as outlined in Exhibit A/B to the Professional Services Agreement, including the cost of
the software update ($59,483.69). The agreement also includes an allowance for on-call, onsite support
services for the monitoring hardware ($15,516.31). The total agreement amount is $75,000 over the three-
year term of the agreement.
Staff recommends Council authorize City Manager to execute Professional Services Agreement with L & H
Airco, LLC, of Roseville, for building control system support services and on-call maintenance and repairs,
in the amount of $75,000.
FISCAL IMPACT:
Executing a Professional Services Agreement with L & H Airco, LLC for all
City facilities equipped with Alerton EMS will allow City Facilities staff to
provide more effective management and maintenance of the City facility
HVAC systems by reducing costs required to troubleshoot and/or make
repairs. The General Fund will be primary funding source for this agreement.
APPROVED:
Step - chwaba. - ity Manager
K:\WP\COUNCIL\2017\LH EMS CSA 2017.doc 6/2/17
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with L & H Airco, LLC, of Roseville, for Building Control System Support
Services and On-call Maintenance and Repairs ($75,000)
June 7, 2017
Page 2
FUNDING AVAILABLE: Funding for this activity is budgeted in Facilities Operating account
(10051000): $75,000
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley
Public Works Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer
CES/LC/tdb
Attachment
:\WP\COUNCIL\2017\LH EMS CSA_2017.doc 5/31/17
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2017, by and between the CITY OF
LODI, a municipal corporation (hereinafter "CITY"), and L&H AIRCO, LLC, a California limited
liability company (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with
attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for building control system
support services and on-call maintenance and repairs (hereinafter "Project") as set forth in the
Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified
to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of
Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based on
a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work
products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to
provide required data or review documents within the appropriate time frames. The review time
by CITY and any other agencies involved in the project shall not be counted against
CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism,
acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing
agencies and make all efforts to review and return all comments.
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Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities
and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to
CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to
otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project
Manager and CITY is granted the right of approval of all original, additional and replacement
personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of
CONTRACTOR's project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the
Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein.
CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally
required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own
cost and expense, keep in effect during the life of this Agreement all such licenses, permits,
qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY
against any costs associated with such licenses, permits, qualifications, insurance and
approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into
any subcontract with any other party for purposes of providing any work or services covered by
this Agreement.
Section 2.6 Term
The term of this Agreement commences on June 1, 2017 and terminates upon the
completion of the Scope of Services or on May 31, 2020, whichever occurs first.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the
provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
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Section 3.2 Prevailing Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the
Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate
and other employer payments for health and welfare, pension, vacation, travel time, and
subsistence pay, apprenticeship or other training programs. The responsibility for compliance
with these Labor Code requirements is on the prime contractor.
Section 3.3 Contractor Registration — Labor Code §1725.5
No contractor or subcontractor may be awarded a contract for public work on a public
works project (awarded on or after April 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 3.4 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services said
work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not
exceed the amount of the Fee Proposal.
Section 3.5 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of
the Scope of Services. Payment of additional reimbursable costs considered to be over and
above those inherent in the original Scope of Services shall be approved in advanced and in
writing, by CITY.
Section 3.6 (AB 626) Public Contract Code Section 9204 — Public Works Project
Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code (the "Code") provides a claim
resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated
by this reference, and summarized in the following:
Definitions:
"Claim" means a separate demand by a contractor sent by registered mail or certified mail with
return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the City under a contract for a Public Works Project.
(B) Payment of money or damages arising from work done by, or on behalf of, a
contractor pursuant to a contract for a Public Works Project and payment for which is not
otherwise expressly provided or to which a claimant is not otherwise entitled.
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(C) Payment of an amount that is disputed by the City.
"Public Works Project" means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Code and include
reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a
reasonable review, and within a period not to exceed 45 days, will provide the claimant a written
statement identifying the disputed and undisputed portions of the Claim. The City and contractor
may, by mutual agreement, extend the time periods in which to review and respond to a Claim.
If the City fails to issue a written statement, paragraph (3) applies.
Any payment due on a portion of the Claim deemed not in dispute by the City will be
processed and made within 60 days after the City issues its written statement.
(2) If the claimant disputes the City's response, or if the City fails to respond to a
Claim within the time prescribed in the Code, the claimant may demand in writing, by registered
mail or certified mail, return receipt requested, an informal conference to meet and confer for
settlement of the issues in dispute, which will be conducted within 30 days of receipt.
If the Claim or any portion thereof remains in dispute after the meet and confer
conference, the City will provide the claimant a written statement, within 10 business days,
identifying the remaining disputed and undisputed portions of the Claim. Any payment due on
an undisputed portion of the Claim will be processed and made within 60 days after the City
issues its written statement. Any disputed portion of the Claim, as identified by the contractor in
writing, shall be submitted to nonbinding mediation, as set forth in the Code, unless mutually
waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as
applicable.
(3) A Claim that is not responded to within the time requirements set forth in the
Code is deemed rejected in its entirety. A Claim that is denied by reason of such failure does
not constitute an adverse finding with regard to the merits of the Claim or the responsibility or
qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by the Code will bear interest at
7 percent per annum.
(5) Subcontractors or lower tier subcontractors that lack legal standing or privity of
contract to assert a Claim directly against the City, may request in writing, on their behalf or the
behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work
performed by the subcontractor or lower tier subcontractor. The request shall be accompanied
by reasonable documentation to support the Claim. Within 45 days of receipt of such written
request, the contractor shall notify the subcontractor in writing as to whether the contractor
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presented the Claim to the City and, if the original contractor did not present the Claim, provide
the subcontractor with a statement of the reasons for not having done so.
The Claim resolution procedures and timelines set forth in the Code are in addition to
any other change order, claim, and dispute resolution procedures and requirements set forth in
the City contract documents, to the extent that they are not in conflict with the timeframes and
procedures the Code.
Section 3.7 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY,
or a designated representative, with necessary information and assistance needed to conduct
such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and
copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to
provide CITY or its delegate with any relevant information requested and shall permit CITY or its
delegate access to its premises, upon reasonable notice, during normal business hours for the
purpose of interviewing employees and inspecting and copying such books, records, accounts,
and other material that may be relevant to a matter under investigation for the purpose of
determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of three
(3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in
the employment of its employees or in the engagement of any sub CONTRACTOR on the basis
of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or
any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the
Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all
applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless
CITY, its elected and appointed officials, directors, officers, employees and volunteers from and
against any claims, damages, losses, and expenses (including reasonable attorney's fees and
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costs), arising out of performance of the services to be performed under this Agreement,
provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors
or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR,
anyone directly or indirectly employed by any of them, or anyone for whose acts they may be
liable, except those injuries or damages arising out of the active negligence, sole negligence, or
sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate in the
defense of any claim related in any way to this indemnification. If CITY chooses at its own
election to conduct its own defense, participate in its own defense, or obtain independent legal
counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of
the costs related thereto, including without limitation reasonable attorney fees and costs. The
defense and indemnification obligations required by this Agreement are undertaken in addition
to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of
the work described in the Scope of Services prior to final acceptance by CITY, except as
expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance
coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns,
and legal representatives to this Agreement without the written consent of the others.
CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior
written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed
by an authorized representative of the sender and shall be deemed to have been given when
the same is personally served or upon receipt by express or overnight delivery, postage
prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage
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prepaid, addressed to the respective parties as follows:
To CITY:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Lyman Chang
To CONTRACTOR: L&H Airco, LLC
2530 Warren Drive
Rocklin, CA 95677
Attn: Kevin Bender
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has
at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not an
employee of CITY. CITY shall not direct the work and means for accomplishment of the
services and work to be performed hereunder. CITY, however, retains the right to require that
work performed by CONTRACTOR meet specific standards without regard to the manner and
means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at
least ten (10) days written notice. Where phases are anticipated within the Scope of Services,
at which an intermediate decision is required concerning whether to proceed further, CITY may
terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be
entitled to payment as set forth in the attached Exhibit B to the extent that the work has been
performed. Upon termination, CONTRACTOR shall immediately suspend all work on the
Project and deliver any documents or work in progress to CITY. However, CITY shall assume
no liability for costs, expenses or lost profits resulting from services not completed or for
contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted in
writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except
to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
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Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction of
litigation arising from this Agreement shall be venued with the San Joaquin County Superior
Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be
inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this
Agreement shall be in force and effect. In the event any dispute between the parties arises
under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be
entitled to reasonable attorney's fees from the party who does not prevail as determined by the
San Joaquin County Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires
CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only
and shall not be deemed to be relevant in resolving any question or interpretation or intent
hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to
those matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder. This Agreement may not be modified or
altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the attached
exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have been
obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon
CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
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this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability
resulting from CITY's use of such documents for any purpose other than the purpose for which
they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D
apply to this Agreement. In the event of a conflict between the terms of this Agreement or any
of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding
Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement
as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: L&H AIRCO, LLC, a California limited liability
JANICE D. MAGDICH, City Attorney company
By: By:
Name:
Title:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10051000.72499
(Business Unit & Account No.)
Doc ID:K:\WP\PROJECTS\PSA's\2017\L&H Airco PSA.doc
CA:Rev.02.2017
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Exhibit NB
L&H Airco Customer Service Contract Worksheet
Following is a list of the Support Services we will perform to maximize the value of your Building Control
System. Immediately following the list of Support Services is a detailed description of each service.
EMS support services by factory certified technician
GENERAL SERVICES- TIER 1 (Included in All Service Contracts)
❖ 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
❖ Emergency Response Services (Standard or Premium)
• On-line response (Network Connect or via Telephone)
• On-site response
• After-hours response
SERVER & GLOBAL SERVICES- TIER 2
❖ Building Control System Performance Checks:
• Database protection (Back-ups)
• Performance analysis (PC check-ups)
• Data communication optimization
EQUIPMENT SERVICES- TIER 3
❖ Air Handler Performance
❖ Chilled Water System Performance
❖ Hot Water System Performance
❖ VAV Box Performance
❖ Terminal Unit Performance
ADD-ON SERVICES
❖ Tenant Override Logging:
• Maintain and provide billing reports for after-hours tenant activity
❖ Customer Training:
• Onsite informal operator training/software consultation
• L&H Airco Training Center formal classroom training
❖ Alarm Monitoring:
• Initial alarm set-up
• Pager or email alarming
• Automatic response by technical support personnel
• Troubleshooting and diagnostics
❖ Flex Hours:
• Provide hours of prepaid service
❖ Custom Services:
• Customer defined custom services
L&H Airco Customer Support Agreement Details
X)OCXX Service Contract Page 2 of 8
General Services
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 contract customer you will receive a discount off the normal labor and equipment prices.
Our standard truck charge is also reduced.
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, schedule 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, 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 and rooms that are not at setpoint. 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.
*Monthly monitoring is the typical 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.
XXXXX Service Contract Page 3 of 8
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 time & material rates.
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 once 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.
Performance 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.
Equipment Services:
Air Handler Performance:
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 Performance:
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.
XXXXX Service Contract Page 4 of 8
Boiler/Hot Water System Performance:
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.
VAV Box Performance:
VAV Box performance can degrade over time due to changes in the space that it serves, changes to air
hander control strategies and mechanical wear of controlled components. We will verify that each VAV box is
properly controlling air flow and supply air temperature. We will not and record hot water coil performance on
re -heat VAV boxes. We will perform VAV performance tests one (1) time per year.
Terminal Unit Performance:
Smaller single zone terminal unit air conditioning units tend to be neglected until there is a break down. These
units can run inefficiently for years before problems are noted. We will verify that Fan command and fan status
points are working as designed. We will verify that heating and cooling stages are operating as expected and
properly configured for the type of equipment. We will record any discrepancies in supply air temperature and
commanded operation of the unit. Outside air economizer operation will be tested and recorded, noting any
issues with space pressure when economizers are enabled. Terminal unit performance testes will be
completed one (1) time per year.
Other Services:
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.
XXXXX Service Contract Page 5 of 8
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.
Onsite 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.
Custom Services:
Cost of the Alerton Compass Software Upgrade included in this support agreement spread out over 3 years.
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.
2. Support Plan Pricing Summary and terms and conditions.
3. 60% off list price for Alerton BACtalk parts.
XXXXX Service Contract
Page 6 of 8
Standard Rate
(M -F 7:30 AM to 4:30 PM)
excluding Holidays
Preferred Rate
(M -F 7:30 AM to 4:30 PM)
excluding Holidays
Standard
Overtime Rate
(M -F 5:00 PM to 8:00 AM
Sat, Sun & Holidays)
Preferred
Overtime Rate
(M -F 5:00 PM to 8:00 AM
Sat, Sun & Holidays)
Tech Support
$ 125.00
$ 100.00
$ 155.00
$ 125.00
Service Tech
$ 125.00
$ 100.00
$ 155.00
$ 125.00
Truck Charge
$ 65.00
$ 30.00
$ 65.00
$ 30.00
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.
2. Support Plan Pricing Summary and terms and conditions.
3. 60% off list price for Alerton BACtalk parts.
XXXXX Service Contract
Page 6 of 8
SUPPORT PLAN SUMMARY AND PRICING
Service plan features included in this agreement:
General Services:
'YES
YS
YES
NO
Administrative services
Technical support
Site monitoring
Standard emergency response
Premium emergency response
Server and Global Services:
'YES
4 /year
YES
YES
Database protection
Performance analysis
Communication optimization
4 /year
2 /year
1 /year
Equipment Services:
Air handler performance
Chilled water system performance
Hot water system performance
VAV Box Performance
Terminal Unit Performance
Add-on Services:
N
NO
NO
NO
NO
NO
NO
Yes
Yes
Yes
NO
Tennant billing
Alarm Monitoring
Custom services (see pg. 6)
Classroom training 32
Onsite operator training
Flex hours support
Hours
32 Hours
Hours
Pricing for these features is based on a 3 -year program, billed annually at the beginning of the
contract year or quarterly. Cancellation conditions are detailed in the "Terms and Conditions" section.
Table below lists pricing for contract duration.
Year
Annual Cost
Quarterly Cost
2017
$19,630.93
$4,907.73
2018
$19,827.24
$4,956.81
2019
$20,025.51
$5,006.38
Total 3 -Year Cost:
1$59,483.69
NOT TO EXCEED
$75,000
L&H Airco believes that this proposal includes the best interests of your facilities. Please feel free to
contact me if you have any changes. When accepted, sign and date below and return to L&H Airco with
purchase order information.
Presented By: Kevin Bender
Title: Service Sales Engineer
Date: 4/12/2017
California License #591093 C-7, C-20, C-10
See Attached Terms and Conditions
Contract Template Version 7
XXXXX Service Contract
Accepted By:
Title:
Date:
Signature:
Page 7 of 8
Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2 COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City
of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of the proiect that it is insuring.
(c) Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
(d) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
Page 1 1 of 2 pages 1 Risk: rev.08.2015
(e) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(f) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(g)
Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(h) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1S) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(i) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 I of 2 pages Risk: rev.08.2015
RESOLUTION NO. 2017-101
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH L & H AIRCO, LLC, OF
ROSEVILLE, FOR BUILDING CONTROL SYSTEM SUPPORT
SERVICES AND ON-CALL MAINTENANCE AND REPAIRS
WHEREAS, on May 4, 2011, the City Council adopted a resolution authorizing the
purchase and installation of an Alerton Energy Management System (EMS) from sole supplier
L & H Airco, LLC, of Roseville; and
WHEREAS, since 2011, the City has been in a Customer Service Agreement with
L & H Airco, LLC, for maintenance of the systems located at Police, City Hall, Carnegie Forum,
Finance, Fire Station No. 4, Multi Modal Station, and the Library; and
WHEREAS, the latest version of the Alerton Compass software uses the newer standard
program protocol to allow our staff to manage the heating, ventilation, and air conditioning
(HVAC) system performance better and faster; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute a Professional Services Agreement with L & H Airco, LLC, of Roseville, for building
control system support services and on-call maintenance and repairs, in the amount of $75,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with L & H Airco,
LLC, of Roseville, California, for building control system support services and on-call
maintenance and repairs, in the amount of $75,000.
Dated: June 7, 2017
I hereby certify that Resolution No. 2017-101 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 7, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
;)1;1�-c.tnwsPo
NIFER M ERRAIOLO
City Clerk
2017-101