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Home My WebLink AboutFerreira Service, Inc. AGREEMENT THIS AGREEMENT is made and entered into on the (Jdayof fed tr + , 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Ferreira Service Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: 1) Provide HVAC Preventive Maintenance Service every six (6) months for Parks and Recreation Center and Herritage House. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated January 8, 2015 3. TERMS. The services and/or materials furnished under this Agreement shall commence2-/0//5 and shall be completed by 27/;./(4 , unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed four hundred fourteen dollars and forty cents ($414.40 per year) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of.this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 • 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTORS work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short roro, Updated 4rz3110 ' V c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer- employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. • Town of Los Altos Hills Page 3 of 4 Short form Upsa,ed4a3r10 • `; h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Richard Chiu Public Works Director Town of Los Altos Hills By: I a 1 tS 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 .;.0 urs\ F Crrei ra , L,F Print name, Title TOWN OF LOS ALTOS HILLS: By: l �,Q � 1`►�3IIS Carl Cahill, C anager Date Town of Los Altos Hills Page 4 of 4 Shan form Updated 4123/10 111 FSI Energy Engineering Services FERREIRA SERVICE INC. PROPOSAL Town of Los Altos Hills Preventative Maintenance HVAC Equipment 26379 Fremont Road Parks&Recreation,Heritage House Los Altos Hills,CA 94022 Attn: Ridimd Chiu (650-947-2516,email: rchiu@losaltoshills.ca.gov) PROPOSE TO FURNISH LABOR AND MATERIAL TO PERFORM THE FOLLOWING: HVAC Preventative Maintenance Service every six(6)months I. Parks and Recreation Center: Day&Night Central Air and Furnace,Model 376CAVU24040AA1A,Serial 4189A18196 Day&Night Condenser,Model 591ANX024000AAAA,Serial 1699E09516 2. Heritage House: Quatro Central Air and Furnace,Model ST914aA1002,Serial N/A Miller Condensing Unit,Model 518A-024K,Serial 5189409-08529 SPUT SYSTEM Fan Section: Air Cooled Condenser section: > Adjust fan bell tension and Inspect Furnace Section: > Check condenserfins tor damage and condion > Inspect main burners condition and deaneness > Check condensate pans and baps opeallon Y Inspect coils and piping for di and > inspect cooling coil > Inspect pilot operation and safety refrigerant leaks > Inspect motor and sheaves control calibration > Chock condenser brackets and blades > Check belt alignment > Inspect gas controls and operation for fatigue > Check set collars and unusual wear and piping > Check operation of heed passu° > Check a4 filters for cleanliness > Prove operating limit,prove hi-safety controls > Lubricate fan and motors 1 Prove induced draft operation and all 1 Lubricate motors > Check Rubber Isolators air switches > Replace contactors and/or contactor > Sat burner gas pressure points when needed,upon approval of x Clean plot assembly extra charge. Exclusions:Permits,structural,architectural screens,overtime,or any work not stated in this proposal. For the above work we quote the sum of: Four Hundred Fourteen Dollars and Forty Cents ($414.40 per year or$207.20 per service) Terms of Sale:Upon credit appoval,FSI will accept this project(see attached credit application). If you have been approved for credit terms, payment on PSI invoices is due thirty(30)days from invoice dater,otherwise payment is due upon presentation of invoice. A late payment penalty charge equal to two percent (2%)of all amowts thirty(30)days or more past due will be assessed for each thirty(30)day period or portionthereof, during which any such amounts remain past due.If FSI engages a collector or an attorney to collect the contract price or any portion thereof,customs shall pay reasonable collector's and/or attorneys fees (whetlwror not legal action be tostiemd)and all of PM's collection costs and cupense,including cant coals if legal action he commeaced.This quote is valid for sixty(60)days. Proposal Accepted by: Approved by: Yasu Fujiyama,FSI Date: January 8,2015 15-01 Town of Los Altos Hills PM Service Bi annual for Parks&Rec,Heritage House taiisoa 2600 Old Crow Canyon Road,Suite 100,San Ramon,CA 94583 •(800)522-6064 •Fax(800)784-6727• Cont.Lic.No.375085 A Woman/Minority Owned Business ns_ FSI Energy Engineering Services FERREIRA SERVICE INC . February 3, 2014 Town of Los Altos Hills 26379 Fremont Road, Los Altos Hills,CA 94022 Attn: Richard Chiu Re: HVAC Agreement for final approval Parks and Recreation Center, Heritage House Dear Richard, Enclosed is the signed Agreement per your request. Cordially, Susan Ferreira FERREIRA SERVICE INC. 800-522-6064 ral NE FM 2600 Old Crow Canyon Road,Suite 100,San Ramon, CA 94583 •(800)522-6064 •Fax(800)784-6727• Cont. Lic.No. 375085 A Woman/Minority Owned Business