Contract - F.M. Thomas Air Conditioning - 2017-03-14 (2) Carrier F.M. Thomas Air Conditioning Honeywell
MAINTENANCE AGREEMENT
Proposal Date Proposal Number
March 14, 2017 MF8363
By and Between:
F.M.Thomas Air Conditioning Costa Mesa Sanitation District
AND
Hereinafter CONTRACTOR Hereinafter CUSTOMER
Contractor will provide the services described in the F.M. Thomas Air Conditioning Maintenance Program
indicated below, which are attached hereto and made a part of this Agreement, in accordance with the terms and
conditions set forth in the Maintenance Agreement.
F.M.Thomas Air Conditioning Services will be provided at the following location(s):
Costa Mesa Sanitation District
Administrative Office
290 Paularino Ave,Costa Mesa,Ca 92626
Attn: Dyana Bojarski
Management Analyst II
MAINTENANCE AGREEMENT
1st Year AGREEMENT coverage will commence on March 1st,2017 The AGREEMENT price is$1,660.00
Per year,payable 415.00 per QUARTER service beginning on the effective date of March 1st,2017
2nd Year AGREEMENT coverage will commence on March 1st,2018 The AGREEMENT price is$1,744.00
Per year,payable$436.00 per QUARTER service beginning on the effective date of March 1st,2018
3rd Year AGREEMENT coverage will commence on March 1st,2019 The AGREEMENT price is$1,872.00
Per year,payable$468.00 per QUARTER service beginning on the effective date of March 1st,2019
CONTRA52 DR _ CUSTOMER
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Signature(Sales Rep.) WI Signature(Authorized Rep.)
Thomas Feyka,President March 17th,2017 f, ,�y+ w.O wr„pNtiirifal Nla�y' 3/17A7
Print Name&Title Date Print Name&Title Date
PREVENTATIVE MAINTENANCE PROGRAM
The benefits of using F.M.Thomas Air Conditioning include:
• Longevity in the commercial HVAC industry-since 1974.
• Services provided 24/7
• Continuing education for technicians
• Use of quality parts and materials
• Efficiency:lowers utility costs,waste and administrative issues
• On-site project management and support services
• Warranty 1 year parts and Labor
• Extended life of equipment
Quarterly maintenance plan(August,November,February,May)
Package Units/Split Systems
- Replace filters at each service
- Check fan and motor bearings per manufacturer recommendation.Check linkages and dampers.
- Inspect: filters,unit panels,roof curb flashing,electrical connections,relays,contactors,operational
controls,temperate,equipment safety.
- Check belts- Replacement quoted separately as needed
- Wash condenser coils (annually)
- Check temperature splits
- Leak check systems (annually)
- Check thermostats for proper operation
- Check amperage draws on compressors and fan motors
- Check drain pans/drain lines for blockages/leaks
Exhaust Fans
- Inspect:belts,starters,disconnects and contacts.
- Inspect: motors and bearings.
- Change belts (annually)
Condensing Units(Air Cooled)
- Check: crankcase heater,compressor oil,vibration eliminators,operating and safety controls,operating
conditions.
- Inspect:leak potential,electrical connections,contactors,relays, operating and safety controls.
- Vent trapped air.
Reciprocating/Scroll Compressors
- Check:compressor oil,crankcase heater,coupling alignment,vibration eliminators,auxiliary equipment,
operating and safety controls,refrigerant charge,oil level and pressure.
- Inspect:leak potential
Central Fan Systems-Air Handlers
- Check:heating and cooling coils,strainers,drains and drain pans, fan operation,air intake screen,motor
mounts and vibration pads,motor operation,nuts,bolts,belts and sheaves,fan assembly.
- Inspect: electrical connections,contactors.
- Replace filters Quarterly
- Lubricate: motor and fan bearings,dampers and linkage.
EQUIPMENT LIST
A/C Unit MODEL#DESCRIPTION MANUFACTURER SIZE
AC-1 PHD448000FL Day&Night 4T
AC-2 APW048090NAAG BRYANT 4T
AC-3 582APW04809NAAG BRYANT 4T
AC-4 582APW048 BRYANT 4T
AC-5 582APW048 BRYANT 4T
AC-6 582APW048 BRYANT 4T
AC-7 582APW048 BRYANT 4T
AC-8 PHD032400 ARCOAIR 2.5T
AC-9 48ESNA48090050 CARRIER 4T
AC-10 582APW048 BRYANT 4T
AC-11 582APW048 BRYANT 4T
AC-12 PDY3600090H00 ARCOAIR 3T
EF-1 N/A Exhaust fan Greenheck N/A
FILTER LIST
SIZE QUANTITY TYPE FREQUENCY
14x24x1 4 Pleated Quarterly
16x24x 1 4 Pleated Quarterly
22x22x1 28 Pleated Quarterly
20x24x1 4 Pleated Quarterly
24x24x1 4 Pleated Quarterly
Notes: Filter sizes will be confirmed on first service. Filters shall be stored on site.
Unit model numbers and sizes will be verified prior to first visit.
Belts replaced as needed as a separate charge.
NOTE: THE GENERAL CONDITIONS ARE A PART OF THIS AGREEMENT
F.M. Thomas Air Conditioning, Inc. herein FMT
A. ALL SERVICES OUTLINED IN THIS PROPOSAL WILL BE PERFORMED DURING REGULAR WORKING HOURS,
8:00 A.M. TO 4:30 P.M.,MONDAY THRU FRIDAY. IF THE CUSTOMER REQUIRES OVERTIME,FMT WILL BE REIMBURSED FOR THE PREMIUM
PORTION OF WAGES PAID(INCLUDING PAYROLL TAXES AND INSURANCE),PLUS A REASONABLE ALLOWANCE FOR LOSS OF
PRODUCTIVITY CAUSED BY THE OVERTIME.
B. ADDITIONAL WORK: F MT AGREES TO SUPPLY THE MATERIAL,LABOR,TRUCK CHARGES,AS SPECIFICALLY LISTED HEREIN. IF
ADDITIONAL WORK IS REQUIRED BY THE CUSTOMER OR ADDITIONAL WORK IS REQUIRED TO MEET EQUIPMENT MANUFACTURER'S
SPECIFICATION(S)OR CUSTOMER REQUIRED DESIGN AND/OR PREFERENCE CRITERIA,PREVENT DAMAGE TO THE STRUCTURE,
PERSON(S)OR CONTENTS,INCLUDING THE WORK PROVIDED BY THIS PROPOSAL AND CONTRACT,SATISFY GOVERNMENTAL HEALTH,
SAFETY AND BUILDING CODES,RULES AND LAWS OF A.Q.M.D.AND/OR EPA,OR OTHER GOVERNMENTAL AUTHORITY(S)SUCH WORK
WILL BEAT ADDITIONAL COST.
C. WARRANTY: 1) F.M.THOMAS AIR CONDITIONING,INC.,AGREES TO WARRANT THE LABOR FOR A PERIOD OF(1)YEAR AND
MATERIALS FOR A PERIOD OF ONE YEAR FROM DATE OF LAST WORKORDER,AND THAT ALL PARTS REPLACED,MATERIALS
FURNISHED,AND WORK ACCOMPLISHED,IS FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP. 2) REFRIGERANT
REPLACEMENT WARRANTY INCLUDING LABOR INVOLVING NEW EQUIPMENT SOLD,INSTALLED AND MAINTAINED BY FMT IS ONE
YEAR. 3) REFRIGERANT REPLACEMENT WARRANTY INCLUDING LABOR INVOLVING SERVICE/REPAIR/MODIFICATIONS/RETROFIT
AND MAINTENANCE WORK IS LIMITED TO 30 DAYS FROM LAST WORKORDER DATE.
D. ACCEPTANCE: THIS PROPOSAL IS SUBJECT TO ACCEPTANCE WITHIN 30 DAYS FROM QUOTATION OF ABOVE LISTED WORK.
E. TERMS: TIME IS OF THE ESSENCE,PAYMENT IN FULL, 10 DAYS FROM INVOICE DATE OF ABOVE LISTED WORK.
F. PAYMENTS: FOR WORK COMMENCED AND COMPLETED IN ANY ONE CALENDAR MONTH,CUSTOMER WILL PAY THE CONTRACT PRICE
IN FULL IN CASH UPON COMPLETION OF THE WORK. OTHERWISE,CUSTOMER WILL PAY THE PRICE IN CASH IN PROGRESS PAYMENTS
FOR WORK COMPLETED THRU THE END OF EACH MONTH.
G. ATTORNEY'S FEES: IF EITHER PARTY HERETO COMMENCES AN ACTION AGAINST THE OTHER ARISING OUT OF,OR IN CONNECTION
WITH THIS PROPOSAL AND CONTRACT,THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE LOSING PARTY,
REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT. THE VENUE FOR LEGAL ACTION(S)SHALL BE THE NORTH ORANGE COUNTY
MUNICIPAUSUPERIOR COURT,OR THE FEDERAL DISTRICT COURT OF LOS ANGELES.
H. INSURANCE: FMT WILL SUPPLY WORKER'S COMPENSATION INSURANCE IN THE FORMS AND AMOUNT REQUIRED BY LAW. IN
ADDITION,FMT SHALL SUPPLY THE LIABILITY INSURANCE DESCRIBED IN A CERTIFICATE OF INSURANCE WHICH IS ATTACHED TO THIS
PROPOSAL,OR WHICH IN THE ABSENCE OF SUCH ATTACHMENT WILL BE SUPPLIED THE CUSTOMER ON REQUEST.
I. RIGHT TO STOP WORK: FMT SHALL HAVE THE RIGHT TO STOP WORK IF PAYMENTS ARE NOT MADE WHEN DUE UNDER THIS CONTRACT
AND MAY KEEP THE JOB IDLE UNTIL ALL PAYMENTS HAVE BEEN RECEIVED.
J. INDEMNITY: FMT WILL INDEMNITY AND HOLD HARMLESS CUSTOMER FROM LOSS OR DAMAGE TO PERSONS OR PROPERTY ARISING
DIRECTLY FROM FMT PERFORMANCE OF THE WORK AND CAUSED BY ANY NEGLIGENT ACTS OF FMT OR IT'S EMPLOYEES.
A. CUSTOMER TO MAKE AVAILABLE TO CONTRACTOR'S PERSONNEL PERTINENT MATERIAL SAFETY DATA SHEETS(MSDS)AS SPECIFIED
BY OSHA'S HAZARD COMMUNICATIONS STANDARD REGULATIONS.
B. HAZARDOUS SUBSTANCES: FMT'S IMPLIED OBLIGATION UNDER THIS PROPOSAL AND AGREEMENT DOES NOT INCLUDE
IDENTIFICATION OF,REMOVAUABATEMENT/DISPOSAUSTUDIES OR TESTS OF ANY ASBESTOS PRODUCT(S)OR OTHER HAZARDOUS
SUBSTANCE(S). UPON THE EVENT OR ENCOUNTER OF ANY SAID PRODUCT(S)AND/OR SUBSTANCE(S). FMT RESERVES THE RIGHT TO
SUSPEND IT'S WORK UNTIL SAID SUBSTANCE(S)OR PRODUCT(S)ARE REMOVED.
C. DIFFERING SITE CONDITIONS: IF FMT ENCOUNTERS SUBSURFACE OR LATENT PHYSICAL CONDITIONS AT THE SITE,DIFFERING
MATERIALLY FROM THOSE INDICATED IN THE BID DOCUMENTS,OR FOUND DURING THE SITE JOB WALK,OR UNKNOWN PHYSICAL
CONDITIONS,OF AN UNUSUAL NATURE,DIFFERING MATERIALLY FROM THE CONDITION(S)RELIED UPON IN THIS PROPOSAL AND
CONTRACT, FMT WILL PROMPTLY NOTIFY THE CUSTOMER IF SUCH CONDITIONS CAUSE AN INCREASE OR DECREASE IN THE COST OF,
OR THE TIME REQUIRED FOR PERFORMANCE OF ANY PART OF THE WORK,AN EQUITABLE ADJUSTMENT IN PRICE SHALL BE MADE AND
THE CONTRACT TIME MODIFIED ACCORDINGLY.
D. FORCE MAJEURE: FMT SHALL NOT BE DEEMED IN DEFAULT NOR BE LIABLE FOR DAMAGES FOR ANY FAILURE OR DELAY IN
PERFORMANCE OF IT'S WORK WHICH ARISE OUT OF CAUSE BEYOND IT'S REASONABLE CONTROL. SUCH CAUSES MAY INCLUDE,
WITHOUT LIMITATION,ACTS OF GOD OR OF THE PUBLIC ENEMY,ACTS OF THE GOVERNMENT EITHER IN IT'S SOVEREIGN OR
CONTRACTUAL CAPACITY,FIRES,FLOODS,EPIDEMICS,QUARANTINE RESTRICTIONS,STRIKES,FREIGHT EMBARGOES,MATERIAL
SHORTAGES,OR UNUSUALLY SEVERE WEATHER. IN THE EVENT THE WORK IS DELAYED BY SUCH CAUSES,THE TIME FOR
PERFORMANCE WILL BE EXTENDED ACCORDINGLY.
E. SHOULD GOVERNMENTAL"PLAN CHECK"DEPARTMENT(S)REQUIRE ADDITIONAL WORK BEYOND THE SPECIFIED WORK DEFINED IN
THIS PROPOSAL,SUCH WORK REQUIRED BY"PLAN CHECK"DEPARTMENT SHALL REQUIRE AN EQUITABLE PRICE ADJUSTMENT TO
COVER FMT'S COSTS,LABOR,OVERHEAD,TIME ALLOWED AND PROFIT.
F. UNLESS SPECIFICALLY LISTED IN THIS PROPOSAL,INSTALLATION OR REPAIR OF VIEW SCREEN(S),STRUCTURAL ENGINEERING OR
WORK,PATCH,REPAIR AND PAINTING,ACCESS LADDER(S)OR ROOF HATCH(S),ROOF PATH WAYS,REPAIRS TO LAWN AND(OR)
LANDSCAPE SPRINKLERS OR DAMAGE TO SIDE WALKS,CURBS AND PARKING LOTS ARE EXCLUDED.
G. THE WITHIN DESIGN IS EXCLUSIVELY OWNED BY F.M.THOMAS AIR CONDITIONING,INC.AND IS NOT INTENDED FOR PUBLICATION.
EXHIBITION HEREIN IS SOLELY FOR THE PURPOSE OF AFFECTING A SALE,OR TRANSFER,OF THE DELINEATED AIR CONDITIONING,
TEMPERATURE CONTROLS AND OR REFRIGERATION INSTALLATION.
H. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTOR'S
STATE LICENSE BOARD,9835 GEOTHE ROAD,SACRAMENTO,CALIFORNIA 95821.
I. INTEGRATION OF OLD AND NEW EQUIPMENT: BUYER RECOGNIZES THAT THE OPERATION OF THE BUILDING SYSTEMS WILL
NECESSARILY DEPEND UPON NEW EQUIPMENT INSTALLED BY F.M.THOMAS,OPERATING IN CONJUNCTION WITH EXISTING EQUIPMENT
PART(S). SUCH OLDER EQUIPMENT/PART(S)MAY BE IN POOR CONDITION,AND IN NEED OF REPAIR,AND/OR LACKS STATE OF THE ART
TECHNOLOGY. F.M.THOMAS HAS NOT BEEN REQUESTED,NOR PAID,TO REPLACE CERTAIN EXISTING EQUIPMENT,PIPING AND SIMILAR
ITEMS. SOME OF THIS EQUIPMENT MAY SUFFER FROM DEFERRED MAINTENANCE PROBLEMS. BUYER AGREES TO ACCEPT THE WORK
IN ACCORDANCE WITH F.M.THOMAS'PROPOSAL IN LIGHT OF THE FACT THAT THE BUILDING SYSTEMS WILL HAVE A MIXTURE OF OLD
AND NEW EQUIPMENT AFTER F.M.THOMAS HAS COMPLETED ITS WORK.
J. FMT WILL NOT MAKE WARRANTY REPAIRS OR REPLACEMENT OF DAMAGES NECESSITATED BY REASON OF NEGLIGENCE OR MISUSE
OF EQUIPMENT OR SYSTEM COMPONENT(S)BY OTHER PERSON(S)OR PARTY(S),INCLUDING OWNERS AGENTS AND EMPLOYEES OR
OWNERS SUBCONTRACTOR(S).
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F.M. THOMAS AIR CONDITIONING, INC.
YOUR COMMERCIAL SERVICE& CONTROLS SPECIALISTS. . . Since 1974
Contractor License#313574
DIR#1000003383
Tel.800.660.0891
Fax:714.738.0886
www.fmthomas.com
MEMO
ADDENDUM#1 PREVAILING WAGE PAYMENT
DATE: March 9, 2017
TO: Costa Mesa Sanitary District
ATTN: Dyana Bojarski
FROM: Tom Feyka
RE: DIR Requirement of Prevailing Wages
F.M. Thomas Air Conditioning, Inc. agrees to pay its employees the lawful prevailing
wages in effect at time of services and to keep any payroll records required for Costa •
Mesa Sanitary District sites.
Since ely,
Toni Fey114
President
3/9/17
F. M.Thomas Corporate Office Location 1231 Gemini Avenue, Brea, CA 92821 I Phone: 714.738.1062
Coachella Valley 172-788 Highway 111-131, Palm Desert, Ca 92260 I Phone:760.564.6060