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Air-Ex Air Conditioning, Inc. A2016-163 A2016-163 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. Only those items checked-off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Workers' Compensation policies shall waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a Contract order or an authorization to begin work. ® Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence, The City of Chino Hills is to be listed as an additionally insured party. ® Auto Liability, including owned, non-owned and hired vehicles with at least: $1,000,000 per occurrence. E $100,000-300,000 per occurrence. [ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. Z Workers' Compensation Insurance: as required by State Statutes including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) Z Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or purchase said license (at no cost to the City). ® Scone of Services and/or Compensation Attachments Total Annual Compensation Not-to-Exceed: ® Total Compensation Not-to-Exceed: $ 11.750.00 ® Expiration Date: September 30. 2016 PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU(VIA FAX OR HARD COPY)BY THE CONTRACT COMPLIANCE OFFICER,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. AGREEMENT IS EFFECTIVE AS OF DATE LAST SIGNED BELOW. Company Name: By(Print name&title): Air-Ex Air Conditioning, Inc. Ken Flores Company Mailing Address: City, State,Zip: 157 Gentry Street Pomona, CA 91767-2184 Phone: E-Mail Address: (909)721-9967 i.ferre@air-ex.com Mail two copies of the original agreement along with proof of insurance to:City of Chino Hills-City Clerk,14000 City Center Drive,Chino Hills,CA 91709 Originator/Department Contact: Mary GrunderrDate initiated: 8/04/2016 Vendor's Authorized Signature: By tel-ve. 7Q• (4%e /- Dale signed: e/9/2o1s Vendor's Authorized Signature: /7 Dale signed: p ,/ Contract Compliance Approval: Dale Approved: 0 — c r �� U / d Department Director/City Manager Approval: t- "� 72"rte/ "� Dale Approved: e� ?tic � ` - 1. GENERALLY. The services ( "Contract") covered by this should any claim be brought against it by suit or otherwise, services agreement must be furnished by Contractor subject to all whether the same be groundless or not, arising out of the the terms and conditions contained in this contract which Contract or their performance, Contractor will defend City (at Contractor, in accepting this contract, agrees to be bound by and City's request and with counsel satisfactory to City) and indemnify comply with in all particulars. No other terms or conditions are City for any judgment rendered against it or any sums paid out in binding upon the parties unless subsequently agreed to in writing. settlement or otherwise. For purposes of this section "City" Written acceptance of all or any portion of the Contract covered includes City's officers, elected officials, and employees. It is by this contract constitutes unqualified acceptance of all terms expressly understood and agreed that the foregoing provisions and conditions in this contract. The terms of any proposal will survive termination of this contract. The requirements as to referred to in this contract are included and made a part of the the types and limits of insurance coverage to be maintained by contract only to the extent it specified the Contract, the price, and Contractor, and any approval of such insurance by City, are not the delivery, and then only to the extent that such terms are intended to and will not in any manner limit or qualify the liabilities consistent with the terms and conditions of this contract. and obligations otherwise assumed by Contractor pursuant to this 2. CHANGES. City may make changes within the general scope contract, including, without limitation, to the provisions concerning of this contract by giving notice to Contractor and subsequently indemnification. confirming such changes in writing. If such changes affect the 8. WARRANTY. Contractor agrees that the Contract is covered cost of or the time required for performance of this contract, an by the most favorable commercial warranties the Contractor gives equitable adjustment in the price or delivery or both must be to any customer for the same or substantially similar services, or made. No change by Contractor is allowed without City's written such other more favorable warranties as is specified in this approval. Any claim by Contractor for an adjustment under this contract. Warranties will be effective notwithstanding any section must be made in writing within thirty (30) days from the inspection or acceptance of the Contract by City. date of receipt by Contractor of notification of such change unless 9. ASSIGNMENT. City may assign this contract. Except as to any City waives this condition in writing. Nothing in this section payment due under this contract, Contractor may not assign or excuses Contractor from proceeding with performance of the subcontract the contract without City's written approval. Should contract as changed. City give consent, it will not relieve Contractor from any 3. TERMINATION. This agreement will terminate on the date obligations under this contract and any transferee or noted unless extended in advance and in writing by the City subcontractor will be considered Contractor's agent. Manager. City or Contractor may terminate this contract at any 10. INSURANCE. Contractor must provide the insurance time, either verbally or in writing, with or without cause. Should indicated on the face sheet of this Services Agreement. termination occur, City will pay Contractor as full performance 11. PERMITS. Contractor must procure all necessary permits until such termination the unit or pro rata contract price for the and licenses, and abide by all federal, state, and local laws, for performed and accepted portion of the Contract. City may provide performing this contract. written notice of termination for Contractor's default if Contractor 12. INDEPENDENT CONTRACTOR. City and Contractor agree refuses or fails to comply with this contract. If Contractor does not that Contractor will act as an independent contractor and will have cure such failure within a reasonable time period, or fails to control of all work and the manner in which is it performed. perform the Contract within the time specified (or allowed by Contractor will be free to contract for similar service to be extension), Contractor will be liable to City for any excess costs performed for other employers while under contract with City. incurred by City. Contractor is not an agent or employee of City and is not entitled 4. TIME EXTENSION. City may extend the time for completion if, to participate in any pension plan, insurance, bonus or similar in City's sole determination, Contractor was delayed because of benefits City provides for its employees. Any provision in this causes beyond Contractor's control and without Contractor's fault contract that may appear to give City the right to direct Contractor or negligence. In the event delay was caused by City, as to the details of doing the work or to exercise a measure of Contractor's sole remedy is limited to recovering money actually control over the work means that Contractor will follow the and necessarily expended by Contractor because of the delay; direction of the City as to end results of the work only. there is no right to recover anticipated profit. 13. WAIVER. City's review or acceptance of, or payment for, 5. REMEDIES CUMULATIVE. City's rights and remedies under work product prepared by Contractor under this contract will not this contract are not exclusive and are in addition to any rights be construed to operate as a waiver of any rights City may have and remedies provided by law. under this Agreement or of any cause of action arising from 6. PAYMENT. City will pay Contractor after receiving acceptable Contractor's performance. A waiver by City of any breach of any invoices for services rendered and accepted. Drafts will not be term, covenant, or condition contained in this contract will not be honored. deemed to be a waiver of any subsequent breach of the same or 7. INDEMNIFICATION. Contractor agrees to indemnify and hold any other term, covenant, or condition contained in this contract, City harmless from and against any claim, action, damages, costs whether of the same or different character. (including, without limitation, attorney's fees), injuries, or liability, 14. INTERPRETATION. This Agreement was drafted in, and will arising out of the Contract, or their performance, regardless of be construed in accordance with the laws of the State of City's passive negligence, but excepting such loss or damage California, and exclusive venue for any action involving this which is caused by the sole active negligence or willful agreement will be in San Bernardino County. misconduct of the City. Should City be named in any suit, or A rin©a� a ( 09) 926Fx 9 56-65 r)/ h° _ Air Conditioning, Inc. www.air-ex.com r '- 157 Gentry Street Pomona, California 91767-2184 Air-EN,-%- THE AIR CONDITIONING EXPERTS St. tic. #418759 Support Services Proposal Wednesday,June 29,2016 City of Chino Hills Project information 14000 City Center Drive Regarding: Replacing(2)3 ton Heat Pumps Chino Hills, Ca 91709 Project#: NC Replacement Site Name: Grand Avenue Park Attention:Jackson Ritchie Address&City: Chino Hills,CA Dear Jackson, Thank you for the opportunity to be of service to you and The City of Chino Hills . The following proposal is for(2)3 Ton split system heat pumps. Scone of Work: 1.Disconnect High and low voltage from equipment. 2.Recover refrigerant and disconnect refrigerant piping. 3.Remove existing equipment and install new equipment 4. Evacuate and perform documented start up. Exclusions: Work Hours: when services to be performed X Permits or permit fees X 6am to 4:30pm Monday thru Friday X air balance X Duct pressure testing Prickle : Price: $11,750.00 Fixed price,valid for 60 Days Your business is important to us.Our goal is to provide quality services with lasting results by supporting you and your building's systems. If the scope of the proposed work and its listed price is acceptable,please provide your authorized signature below so that we may schedule the work requested. Should you have any questions,feel free to give us a call. Respectfully, Authorized Signa ure: Nett Raw By: Ken Flores By acceptance of said services,buyer/owner agrees to pay I 112%per month service charge on an past due accounts, Service Manager Name: as well as any attorneys fees and collection costs Incurred. / / Emergency Service after Hours Call:(909)5 6-6656 Air-Ex Air conditioning Inc warrants its own labor for 90 days on egplpment repaired.AfrEx Alr Conditioning inc does not warrant nor Is Itliable for equipment or any consequential demages resulting fromany breakdown or defect therein.Eger/owner shalllook to the manufacture for any applicable warranties,Net responsible for mold abatement or mold growth,The foregoing warranty Is made In lieu of and In consideration for,the waiver of other warranties,expressed or Implied,and there are no other warranties except the foregoing, P:\AE-Customers\Government-Local-State-Fed-Quasi\City of Chino Hills\City of chino hills Grand Ave Park.xism