2013 Pacific West Industries - Museum HVAC Improv.CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and PACIFIC WEST INDUSTRIES herein referred
to as "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for HVAC Improvements as recommended in EquitySpec Assessment (Exhibit A)
at the La Quints Museum in the City of La Quinta, California pursuant to the attached
proposal listed as Exhibit B.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Director of Building and
Safety.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 30 days from the date of Notification to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the Director of Building and Safety at lump sums and/or unit prices stated in
the Contractor's Bid, the base consideration of TWENTY-NINE THOUSAND FOUR
HUNDRED DOLLARS ($29,400). All payments shall be subject to approval by the Director
of Building and Safety.
6. Prevailing Wage is not required for this project.
7. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from
and against any and all claims, charges, damages, demands, actions, proceedings, losses,
stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties,
liabilities of any kind or nature whatsoever, which may be sustained or suffered by or
secured against the Indemnified Parties arising out of or encountered in connection with
this Contract or the performance of the Work including, but not limited to, death of or
bodily or personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise from or
be caused, in whole or in part, by any negligent or other act or omission of Contractor, its
officers, agents, employees or Subcontractors including, but not limited to, liability arising
from:
a. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
Revised 5-29-12
omission, neglect, or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors;
b. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
C. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
e. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted
upon or arising from the use or occupation by Contractor on any other
premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by
City including but not limited to damage to or loss of City property, to the extent not
insured by City and loss of City revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -
subsections (a), (b), (c), (d) and (a).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnified
Party. However, without affecting the rights of City under any provision of this contract,
Contractor shall not be required to indemnify and hold harmless City for liability attributable
to the active negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other person
or entity involved by, for, with or on behalf of Contractor in the performance of this
contract. In the event Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to the terms of this
section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns or heirs of Contractor and shall survive the termination of this contract or this
section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the
Revised., 5-29-12
Contractor under this Contract for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnified Parties' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
The City will not be liable for any accident, loss, or damage to the work prior to its
completion and acceptance.
8. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in
the amounts as follows:
Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or
suits by one insured against another. Limits shall be no less than One Million
Dollars ($1,000,000) per occurrence for all covered losses and no less than Two
Million Dollars ($2,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to provide
a separate limit applicable to this project.
Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000
per accident for all covered losses.
Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles,
this requirement may be satisfied by a non -owned auto endorsement to the general
liability policy described above.
Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverage. Any such coverage provided under an umbrella liability policy
Revised., 5-29-12
shall include a drop down provisions providing primary coverage for liability not
covered by primary but covered by the umbrella. Self -insured retentions are not
permitted. Coverage shall be provided on a "pay on behalf" basis, with defense
costs payable in addition to policy limits. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage
shall be applicable to City for injury to employees of Contractor, subcontractors or
others involved in the Work. The scope of coverage provided is subject to approval
of City following receipt of proof of insurance as required herein. Limits are subject
to review but in no event less than $1,000,000 per occurrence and aggregate.
This insurance shall be kept in full force and effect by Contractor during this entire contract
and all premiums thereon shall be promptly paid by it. Each policy shall further state that it
cannot be canceled without written notice to the City and shall name the City as an
additional insured. Failure to maintain the required amounts and types of coverage
throughout the duration of this Contract shall constitute a material breach of this Contract.
a. Contractor agrees to endorse the Commercial General Liability coverage
required herein to include as additional insureds City, its officials, employees
and agents, using standard ISO endorsement No. CG 2010 with an edition
date of 1985 or equivalent. Contractor also agrees to require all contractors,
subcontractors, and anyone else involved in any way with the project
contemplated by this Contract to do likewise.
b. Any waiver of subrogation express or implied on the part of City to any party
involved in this Contract or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as
an additional insured to all insurance coverage required herein, expressly
retains the right to subrogate against any party for sums not paid by
insurance. For its part, Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors, subcontractors or others involved in any way with the
project(s) contemplated by this Contract, to do likewise.
C. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Contract shall be endorsed to delete
the subrogation condition as to City, or to specifically allow Contractors or
others providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
d. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage
for the vicarious liability of City, or to the supervisory role, if any, of City.
All insurance coverage provided pursuant to this or any other Contract
(express or implied) in any way relating to City is intended to apply to the full
extent of the policies involved. Nothing referred to here or contained in any
Contract involving City in relation to the project(s) contemplated by this
Contract is intended to be construed to limit the application of insurance
coverage in any way.
e. None of the coverages required herein will be in compliance with these
Revised: 5-29-12
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
f. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contractor shall
not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection
without City's prior written consent.
g. Proof of compliance with these insurance requirements, consisting of binders
of coverage, or endorsements, or certificates of insurance, at the option of
City, shall be delivered to City at or prior to the execution of this Contract.
In the event such proof of any insurance is not delivered as required, or in
the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
h. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require written notice to City
and the appropriate tender prior to cancellation of such liability coverage and
notice of any material alteration of non -renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved
with the project contemplated by this Contract to do likewise.
It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to
apply first and on a primary non-contributing basis in relation to any other
insurance available to the City.
j. Contractor agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
contractor, provide the same minimum insurance coverage required of
Contractor. Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Contractor agrees that
upon request, all agreements with subcontractors and others engaged in the
project will be submitted to City for review.
k. Contractor agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this Contract to self -insure its
obligations to City. If contractor's existing coverage includes a deductible or
self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the
contractor, which may include reduction or elimination of the deductible or
self -insured retention, substitution of other coverage, or other solutions.
Revised. 5-29-12
The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Contractor
ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City will negotiate
additional compensation proportional to the increased benefit to City.
M. For purposes of applying insurance coverage only, all contracts pertaining to
the project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Contract.
n. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
o. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant
to this Contract. This obligation applies whether or not the Contract is
canceled or terminated for any reason. The insurance shall include but not
be limited to products and completed operations and discontinued
operations, where applicable. Termination of this obligation is not effective
until City executes a written statement to that effect.
P. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the city, and to require
all subcontractors and any other person or entity involved in the project
contemplated by this Contract to do likewise.
q. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be all-inclusive.
r. Any provision in any of the construction documents dealing with the
insurance coverage provided pursuant to these requirements is subordinate
to and superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other
provision in this Contract and are intended by the parties here to be
interpreted as such.
S. All liability coverage provided according to these requirements must be
endorsed to provide a separate aggregate limit for the project that is the
subject of this Contract and evidencing products and completed operations
coverage for not less than two years after issuance of a final certificate of
occupancy by all appropriate government agencies or acceptance of the
completed work by City.
t. Contractor agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
Revised: 5.29-12
City or Contractor for the cost of additional insurance coverage required by
this Contract. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
u. Contractor agrees to obtain and provide to City a copy of Professional
Liability coverage for Architects or Engineers, if any are working on this
project through Contractor. City shall determine the liability limit.
9. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, at seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated
damages for each such breach committed under this contract.
10. This Contract shall not be assignable by Contractor without the written consent of
City.
11. Contractor shall notify the Director of Building and Safety forthwith when the
Contract is deemed completed.
12. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the City except to the extent permitted by law.
13. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
14. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract
and/or is paying only the amounts to which Contractor is properly entitled under the
Contract or for other purposes relating to the Contract.
16. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
16. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
City for all reasonable and extra costs incurred in conducting the audit at a location other
than at City offices including, but not limited to, such additional (out of the City) expenses
for personnel, salaries, private auditors, travel, lodging, meals and overhead.
Revised: 5-29.12
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
"CITY"
Dated,
APPROVED AS TO FORM:
City Attorney
CITY OF LA QUINTA
a California municipal corporation
Dated:
"CONTRACTOR"
Ilf corporation, affix seal)
Dated:__By:
_�2G
(gnature)
Name: K�U i N /�fl)2Qi?��
�} (Ple)se print)
Title: yrt Si/ 7e
Address: 410BS �- _-,4
pNkhe,^ r -/% / 2 d'd7
Revised: 5-29-12
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
"CITY"
Dated
CITY OF LA QUINTA
a California municipal corporation
By. SIGNED IN COWTU PART.
Frank J. Spevacek. City Manager
APPROV D AS TO FORM:
i
ty Attlarney
Dated: / /2//g
Ravised.• 6.29•f2
Dated: GI /ram
"CONTRACTOR"
(if corporation, affix seal)
By:__
v (STgnature)
Name: 6 � Iy l4R126u j?D
(pie �se ggrintl
Title: �&,VJ ¢M/
Address: Noes r --A 6371&,q 4. l a
rkhe� , Cl9 `7 2,rJ7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Dated
By:
Frank J. Spevacek, City Manager
-- - — - — ��� --Dated:
ty Att6mey
Dated: / /` a-,
Revised.• 5.29-12
"CONTRACTOR"
(If corporation, affix seal
(3�naturei
Name: %t1 i N l�lRi2du %fr?DI
— (Ple se yrint)
Title: 8 1 �S77( eA
Address: Z/0 " r e-i4 wnrif �X'• Q
�rl�/ierti �CIq
EXHIBIT A
EquitySpec Assessment Attached
Revised: 5-29-12
EquitySpec
Consulting Engineers
www. equitysf)ec-engineers. corn
October 15, 2012
Attn: Mr. Greg Butler, Building & Safety Director
City of La Quinta Building & Safety Department
78-495 Calle Tampico
La Quinta, CA 92253
La Quinta Museum HVAC Assessment
Greg,
In an email message to me dated August 22, 2012 you communicated several issues you are
having with the HVAC system at the Museum, listed below:
1. 'We have complaints that the building will not cool adequately. "
2. we have an artifact room that is supposed to be maintained at certain standards
for temperature, humidity, and light levels that we cannot seem to meet.'
3. 'We are using a fan to prevent condensate from pooling on the floor of that room.
(artifact room).
During my site visit to the building on August 24, 2012 these issues and other areas were
discussed variously with Edie H. the Community Services Director, Carol and Ann of the
Museum, and Paul F. of Facilities, and yourself.
offer the following assessment and recommendations for each of the four HVAC systems,
which will be referred to in this report by the air handling unit tags of the system: AH-1, AH-2,
AH-3, AH-4. These are listed under Sections 1,2,3,4. For each system, there are subsections
for System Description, Visible Problems, and Recommendations.
In addition to the issues listed in the email, we have identified several issues as having a
negative impact on the Museum interior environment and/or energy consumption. These are
global issues not associated with a particular HVAC system and are found following the four
HVAC sections.
Your original issues are addressed within the applicable HVAC system.
During our site meeting on August 24, 1 suggested that to gain an understanding of the actual
performance of the HVAC systems and the building interior environment, temperature and
relative humidity data loggers should be used to record data for analysis. The Community
Services Department purchased two standalone loggers and I deployed them in the first floor
archive room and in the second floor west exhibit room the morning of September 7, 2012.
The data gathered from these devices, when analyzed, will assist in addressing possible
causes of the HVAC problems, as well as provide meaningful data for the solutions.
SECTION 1: System AH-1
System Description.
System AH-1 is a 10 ton nominal split dx (direct expansion) system consisting of air handler
AH-1 and heat pump HP-1.
AH-1 is an upflow air handler (Trans TWE120A300EL s/n 7464L62BD) located directly on
the floor slab in a first floor mechanical room. HP-1 is a single cooling stage heat pump
(Trane TWA120A300FB s/n 746234MAD) located in an equipment area at grade adjacent to
the mechanical room.
AH-1 serves the east half of the first floor of the building, including 1,200 sq. ft. of exhibit
space, a 550 sq.ft. artifact room, a 400 sq.ft. museum store, a curator office/classroom, and
the entrance lobby, and provides makeup air for toilet rooms and janitor room exhaust. The
total conditioned floor area served is approx. 2,500 sq.ft. (not including the toilet rooms or
janitor room).
An electric steam humidifier tag HD-1 (Carnes HCDGCU030) with the dispersion tube in the
AH-1 return duct provides humidification. HDA has a humidification capacity of 30 Ibs/hr
and is controlled by a space humidistat located in the Artifact room.
Ventilation air is required by code to be taken from the outside of the building and supplied to
rooms via the air distribution system. The ventilation air quantity is based on (1) the number
of occupants and (2) the quantity of make-up air required to replace air exhausted by local or
general exhaust fans. The larger of the two air quantities is used for design.
For AH-1, the ventilation air quantity is the make-up air required for the mens toilet room and
janitor room exhaust (425 cfm) and the womens toilet room exhaust (350 cfm), a total of 775
cfm. This ventilation air is provided by the outside air intake to AH-1*.
To maintain indoor conditions of 70 F and 50% RH the building must generally be humidified
in the winter, spring and early summer and dehumidified during monsoon conditions in the
late summer and fall. Based on the ventilation air quantity of 775 cfm and assuming there is
no infiltration** during occupied hours*** or unoccupied hours' the loads are as follows:
The humidification load at winter outside air conditions of 40 F and 5% RH is 25 Ibs/hr. The
dehumidification load at summer outside air conditions of 90 F and 90% RH is 60 Ibs1hr.
Visible problems forAH-1:
1. Condensate drainage from the dx cooling coil is not draining properly and has wetted
the adjacent floor and building walls, most likely since the building completion.
2. The humidifier steam dispersion tube is located in the return duct. This is an
unsatisfactory location. Steam for humidification should be introduced in supply ducts
downstream of cooling and heating coils.
3. The plans call for a thermostat with remote temperature sensor located in the return
air duct. The existing installation consists of a thermostat receiver mounted on AH-1
and a wireless temperature senor/ thermostat located wherever staff places it. There
is a 7-conductor low voltage cable pigtail in the original thermostat device box, tagged
"RAS" indicating that a remote temperature sensor may have been installed during
original construction. However, a remote temperature sensor has not been located.
Museum store: Museum staff states that this room is difficult to maintain at an
acceptable temperature year round. The original plans call for 1,035 cfm of supply air
but it did not seem that even half that air quantity was being delivered, most likely
because this room is at the far end of the AH-1 supply air duct. There is no return air
outlet in this room. The original plan sheet calls for a 24" x 24" door louver but this is
not installed.
Recommendations forAH-1:
1. Condensate drainage problem: The unit is a draw -through configuration which
positions the fan above the coil section. This configuration places the coil section
under a negative pressure which tend to restrict the condensate drain flow out of the
coil drain pan unless a vented trap and sloped drain is provided.
A visual inspection of the coil revealed that the coil condensate pan drain outlet is too
close to the floor for a properly -sized vented trap and drain line slope. Raise the unit 4"
above the floor using channel strut. This will require reworking the return and supply
ductwork and can be done when the humidifier dispersion tube is relocated as per
item 3 below.
2. Verify that humidifier HD-1 is working properly and inspect and clean the dispersion
tubes and replace the canister if necessary.
3. Relocate the steam dispersion tube to the supply duct downstream of AH-1.
4. Relocate the humidistat to the east wall of the exhibit space, 60" above the floor.
5.. Note that if a new archive storage room is built within the artifact room, the new
room will have a small independent self-contained precision cooling unit with fan,
cooling coil, reheat coil, and humidifier, and HD-1 will handle the balance of the
original area served by AH-1.
6. Museum store: The following options should be considered:
a. A 24" x 24" door louver or low wall louver can be installed to allow the supply air to
exit the room and return to the system via the adjacent exhibit space; to provide the
required air changes for adequate cooling. If this does not increase the air changes
in the room, do "b":
b. Add a propeller -type panel fan at the existing supply grill to boost the air delivery
from the existing supply duct.
c. As an alternative to "a" and/or "b" a ductless split system can be installed with a
high wall mounted fan coil and an outdoor heat pump located at grade to the
east of the building. The existing supply grill would be abandoned in place and
sealed airtight. The Museum store would have its own thermostat and would be
independent of the AH-1 system.
SECTION 2: System AH-2
System Description:
System AH-2 is a 7-1/2 ton nominal split dx (direct expansion) system consisting of air
handler AH-2 and heat pump HP-2.
AH-2 is an upflow air handler (Trane TWE090A300EL sln 7464K8RBD) located directly on
the floor slab in a first floor mechanical room. HP-2 is a single cooling stage heat pump
(Trane TWA090A) located in an equipment well / trash enclosure at grade adjacent to the
mechanical room.
AH-2 serves the 960 sq. ft. meeting room in the one-story portion of the building at the west
end, the IT / Telephone room and the kitchen, both of which are adjacent to the meeting
room.
Ventilation air is required by code to be taken from the outside of the building and supplied to
rooms via the air distribution system. The ventilation air quantity is based on (1) the number
of occupants and (2) the quantity of make-up air required to replace air exhausted by local or
general exhaust fans. The larger of the two air quantities is used for design.
For AH-2, the maximum ventilation air quantity is based upon the maxium number of
occupants as follows: The original Title-24 energy calculations show an occupancy of 64
people in the meeting room, which is 15 sq.ft, per occupant, a reasonable density for this use.
The outside air for ventilation per code is 64 occupants x 15 cfm/occupant = 960 cfm.
This ventilation air is provided by the outside air intake to AH-2.*
Note that the meeting room is not museum exhibit or archive space and does not have a
humidifier in the AH-2 system (although the original plan sheet M-2 does call for a "combined
thermostat/humidistat). However, if normal usage during occupied hours calls for the door
between the meeting room and the corridor to the museum area to be open or used
frequently, it is suggested that a humidifier be installed to maintain relative humidity at least
during the occupied hours.
To maintain indoor conditions of 70 F and 50% RH the building must generally be humidified
in the winter, spring and early summer and dehumidified during monsoon conditions in the
late summer and fall. Based on the ventilation air quantity of 960 cfm and assuming there is
no infiltration" during occupied hours*** or unoccupied hours*** the loads are as follows:
The humidification load at winter outside air conditions of 40 F and 5% RH is 31 Ibs/hr. The
dehumidification load at summer outside air conditions of 90 F and 90% RH is 74 Ibs/hr.
Visible problems for AH-2:
1. The plans call for a thermostat with a remote temperature sensor located in the return
air duct. The existing thermostat is located the telephone/IT room adjacent to the
meeting room per plan and a wall -mounted remote temperature sensor is located
adjacent to the high return air grill on the west wall.
2. Condensate drainage from the dx cooling coil is not draining properly and has wetted
the adjacent floor and building walls, most likely since the building completion.
3. The outside air intake to AH-2 is taken from an exterior wall louver facing the adjacent
equipment well / trash enclosure. This trash enclosure contains the building dumpster
and recycling receptacles and could be a source of objectionable and unhealthy odors
or fumes which may be drawn into the AH-2 outside air intake.
Recommendations for AH-2:
1. Relocate the existing remote temperature sensor to 44" above the floor on the same
wall.
2. Condensate drainage problem: The unit is a draw -through configuration which
positions the fan above the coil section. This configuration places the coil section
under a negative pressure which tend to restrict the condensate drain flow out of the
coil drain pan unless a vented trap and sloped drain is provided.
A visual inspection of the coil revealed that the coil condensate pan drain outlet is too
close to the floor fora properly -sized vented trap and drain line slope. Raise the unit 4"
above the floor using channel strut. This will require reworking the return and supply
ductwork and can be done when the following work is done:
a. Relocation of outside air intake (Item 3 below).
b. Installation of demand control ventilation system (Item 4 below).
c. Installation of humidifier (Item 5 below).
3. Relocate the existing outside air intake as high as possible within the exterior wall
louver and provide a filter rack in the outside air duct to accept replaceable charcoal or
zeolite filters.
4. Install a demand control ventilation sequence consisting of a CO2 sensor and
motorized outside air damper to deliver only the amount of outside air required by the
actual number of occupants, during occupied hours. During unoccupied hours, the
damper will close completely, reducing infiltration of outside air.
5. Install a supply duct -mounted humidifier to maintain relative humidity in the meeting
room at the same setpoint as the museum systems during occupied hours. During
unoccupied hours when the communicating door between the museum and meeting
room is closed, system AH-2 and its humidifier would be turned off if there is no
requirement for temperature and humidity control in the meeting room during
unoccupied hours.
SECTION 3: System AH-3
System Description:
System AH-3 is a 7-1/2 ton nominal split dx (direct expansion) system consisting of air
handler AH-3 and heat pump HP-3.
AH-3 is an upflow air handler (Trane TWE090A300EL s/n 7463W99BD) located in the
second floor mechanical room. HP-3 is a single cooling stage heat pump (Trane TWA090A)
located in an equipment area at grade adjacent to the mechanical room.
AH-3 serves the 1,000 sq. ft. exhibit space on the east half of the second floor.
An electric steam humidifier tag HD-2 (Carnes HCDGCU030) with dispersion tubes in the
AH-3 discharge duct provides humidification. HD-3 has a humidification capacity of 30 Ibs/hr
and is controlled by a space humidistat located in the exhibit space.
Ventilation air is required by code to be taken from the outside of the building and supplied to
rooms via the air distribution system. The ventilation air quantity is based on (1) the number
of occupants and (2) the quantity of make-up air required to replace air exhausted by local or
general exhaust fans. The larger of the two air quantities is used for design.
For AH-3, there are no exhaust fans requiring make-up air, so the ventilation air quantity is
based solely upon the maximum number of occupants. Per the Title 24 energy code, the
outside air requirement for museum exhibit occupancy is 0.5 cfm per sq.ft. for a outside air
quantity of 500 cfm.
This ventilation air is provided by the outside air intake to AH-3.'
To maintain indoor conditions of 70 F and 50% RH the building must generally be humidified
in the winter, spring and early summer and dehumidified during monsoon conditions in the
late summer and fall. Based on the ventilation air quantity of 500 cfm and assuming there is
no infiltration" during occupied hours' or unoccupied hours'"' the loads are as follows:
The humidification load at winter outside air conditions of 40 F and 5% RH is 16 Ibs/hr. The
dehumidification load at summer outside air conditions of 90 F and 90% RH is 38 Ibs/hr.
Visible problems for AH-3:
1. The humidifier dispersion tube is located in the duct above a drywall ceiling with
no means of access for inspection and cleaning.
2. The plans call for a thermostat with a remote temperature sensor located in the return
air duct. The existing thermostat is located in a storage room. There is a 7-conductor
low voltage cable terminated to the thermostat subbase indicating that a remote
temperature sensor may have been installed during original construction. However, a
remote temperature sensor has not been located.
3. The humidistat stat controlling HD-2 is located in a wall niche in a corner of the bar
room; this location has stagnant air and is not representative of the air in the exhibit
room.
4. The return air grill for AH-3 is located in the far southeast corner of the lower ceiling
exhibit space, and does not appear to be returning the design amount of air from the
space back to AH-3. The air flow should be measured as part of an air balance report.
Recommendations for AH-3:
1. Install an access door to inspect the dispersion tube. Verify that humidifier HD-2 is
working properly and inspect and clean the dispersion tube and replace the
canister if necessary.
2. Relocate the humidistat to the east wall of the exhibit space, 60" above the floor,
above the return air grill.
SECTION 4: System AH-4 / HP4
System Description:
System AH-4 is a 5 ton nominal split dx (direct expansion) system consisting of air handler
AH-4 and heat pump HP-4.
AH-4 is an upflow air handler (Trane TWEO60A300EL s/n 6443NONNBD) located in the
second floor mechanical room. HP-4 is a single cooling stage heat pump (Trane
2TWA0060A30000AB s/n 7465ND91F) located in an equipment area at grade adjacent to
the mechanical room.
AH-4 serves the 900 sq. ft. exhibit space on the west half of the second floor.
An electric steam humidifier tag HD-3 (Carnes HCDGCU030 s/n 431201.001) with
dispersion tubes in the AH-4 discharge duct provides humidification. HD-3 has a
humidification capacity of 30 Ibs/hr and is controlled by a space humidistat located in the
exhibit space.
Ventilation air is required by code to be taken from the outside of the building and supplied to
rooms via the air distribution system. The ventilation air quantity is based on (1) the number
of occupants and (2) the quantity of make-up air required to replace air exhausted by local or
general exhaust fans. The larger of the two air quantities is used for design.
For AH-4, there are no exhaust fans requiring make-up air, so the ventilation air quantity is
based solely upon the maximum number of occupants. Per the Title 24 energy code, the
outside air requirement for museum exhibit occupancy is 0.5 cfm per sq.ft. for a outside air
quantity of 450 cfm.
This ventilation air is provided by the outside air intake to AH-4*.
To maintain indoor conditions of 70 F and 50% RH the building must generally be humidified
in the winter, spring and early summer and dehumidified during monsoon conditions in the
late summer and fall. Based on the ventilation air quantity of 450 cfm and assuming there is
no infiltration"* during occupied hours*** or unoccupied hours*** the loads are as follows:
The humidification load at winter outside air conditions of 40 F and 5% RH is 14 Ibs/hr. The
dehumidification load at summer outside air conditions of 90 F and 90% RH is 34 Ibs/hr.
The plans call for a thermostat with a remote temperature sensor located in the return air
duct. The existing thermostat is located in a storage room and a wall -mounted remote
temperature sensor is located adjacent to the return air grill on the east wall of the exhibit
space. This is an acceptable location for the sensor, although the location is not per plan.
SECTION 5: Portable Dehumidifiers are being used in exhibit rooms.
Discussion ! Visible problems:
1. Portable self-contained dehumidifiers are being used in the exhibit spaces to
reduce the relative humidity in the exhibit spaces. The dehumidifiers were installed
during the recent monsoon season and their water holding tanks must be emptied
several times per day.
2. There are three exhibit spaces, as follows:
a. First floor, 1,200 sq.ft., served by 10 ton system AH-1 which also serves the
non -exhibit areas of the first floor.
b. Second floor east, 1,000 sq.ft., served by 7-1/2 ton system AH-3 which only
serves this space.
c. Second floor east, 900 sq.ft., served by 5 ton system AH4 which only serves
this space.
3. During monsoon conditions the outside air infiltrating or brought into the building
by mechanical ventilation must be reduced to the absolute minimum required by
code. The existing air handlers have 4 row cooling coils and, coupled with the
operational characteristics of the dx cooling cycle, are limited in their ability to
condense moisture out of the airstream.
Recommendations:
1. Seal the outside air louvers in the exterior walls of the three mechanical rooms
leaving an opening for the outside air intake for each air handler. Use 20 gage
sheet metal fastened to the inside of the louver frame with sheet metal screws and
sealed with Glencoat Sealflex duct sealer.
2. The original mechanical plans call for the first floor toilet rooms and janitor room
exhaust fans to run continuously whenever AH-1 is on drawing in 775 cfm of
outside air. The interlock should be removed and these fans should be controlled
by occupancy sensors in each room.
3. The original mechanical plans call for the second floor toilet room and janitor room
exhaust fan to run outside air. The interlock should be removed and this fan should
be controlled by occupancy sensors in each room.
4. Install motorized outside air dampers in the AH-1, 3, 4 outside air duct and control
these such that they are closed during the 7,200 hours of annual non -occupied
hours.
5. Continue recording the temperature and relative humidity in the exhibit spaces via
the data loggers. Consider controls upgrade or permanent monitoring devices for
museum exhibit and archive spaces as discussed in SECTION 6 below.
SECTION 6: Upgrade Controls
Discussion ! Existing conditions:
The existing temperature controls are mid quality light commercial standalone thermostats
controlling the air handler fan operation and the heat pump cooling and heating operation.
These thermostats have remote temperature sensing capability, but only AH-2 and AH-4
have remote temperature sensors.
Each humidifier is controlled by a space humidistat, a duct -mounted high -limit humidistat and
a duct -mounted air -flow switch.
Recommendations:
1. The thermostat and remote temperature sensor installation work should be
performed as discussed in the HVAC sections.
2. The humidifier and humidifier controls should be checked for proper operation as
discussed in the HVAC sections.
3. Consideration should be given to replacing the four standalone thermostats with
thermostats which have the capability of:
a. Communicating with each other and the Carrier system in City Hall.
b. Providing a dehumidification cycle using the heat pump cooling operation with
the electric heating coils in the air handlers in reheat operation. Install new air
handlers with 6 row cooling coils.
c. Providing remote monitoring capability so that space temperature and relative
humidity in the exhibit and archive spaces can be logged for the curator's use
SECTION 7: Building Envelope Leakage
Discussion / Existing conditions:
Temperature and relative humidity dataloggers were deployed in various spaces from
September 8 through October 12, 2012 providing a five week record of indoor space
temperature (temp) and relative humidity (RH).
The indoor space temp was maintained as expected. There were regular up and down
excursions approximately 2 degrees F either side of the setpoint which is typical for the
existing thermostat control.
The indoor RH closely tracked the outside RH diurnally during both normal late summer
desert weather as well as monsoon conditions, and similarly during both occupied and
unoccupied hours. During monsoon conditions and rain in early September, space RH
approached 75% for several days.
This variation in indoor RH indicates building envelope leakage which allows moisture (water
vapor) in the outside air to enter the building directly through openings such as exterior
doors, louvers, etc., rather than passing through the building envelope (for the exterior wall,
this path is through the exterior plaster finish, any vapor or moisture barrier, insulation,
drywall, and paint.).
During the winter season, when indoor RH must be maintained by operating the humidifiers,
the moisture (water vapor) added to the indoor air will migrate to the outside through these
same leakage paths, and the indoor RH will fall.
The existing HVAC systems do not have a high dehumidification capacity due to the four row
cooling coils and the capacity of the heat pumps in the cooling mode. Installing deeper (6
row) cooling coils and matched heat pumps to provide more latent (dehumidification)
capacity will provide more dehumidification.
A more cost-effective solution to replacing the HVAC equipment is to reduce the
dehumidification load on the HVAC equipment. This means reducing the infiltration through
the building envelope, as discussed in the recommendations below.
Recommendations:
1. Upgrade or install additional exterior door seals and thresholds to seal the large
gaps at the doors and/or thresholds. Local professional door contractors, such as
VBI (Guy Evans), can provide these services.
2. Perform a blower door test and air measurement testing with related reports.
a) The blower door test will measure the building envelope leakage which will
provide the infiltration rate used for humidification and dehumidification
requirements during occupied and unoccupied operation.
b) The air measurement testing will measure and document the existing HVAC air
distribution system performance by measuring air flow at all inlets and outlets;
this will indirectly provide information on the integrity of the ductwork system.
c) Blower door and air measurement testing can be performed by outfits such as
EDS or BCI, both locally owned and operated.
d) Note that if the building envelope leakage is substantial, additional services
such as artificial cool smoke testing, etc. will be required to locate sources of
leakage.
3. Based on the results of item 2, seal all building envelope leakage paths.
If you have any questions or concerns, please call, text, or email.
Exhibit A following this report lists the recommendations in order in which they should be
performed.
We can provide detailed sketches, plans and specifications for any of the recommendations
provided in this assessment report.
Sincerely,
Dave Celmer. P.E.
Mechanical Engineer
Coachella Valley Office:
42600 Caroline Court, Suite 102, Palm Desert, CA 92211
V: 760 834.1537
F:760 832-7333
E dcelmer@,,equiysgFc enyineers com
Footnotes used in this report
'The air handler has a sheet metal outside air duct extending from the return air duct in
the mechanical room over to the inside face of the exterior wall louver in this room, as per the
original plans. The inlet opening of this outside air duct has been covered with a sheet metal
cap and the manual volume damper in the outside air duct is 100% closed. This condition
minimizes the quantity of outside air delivered to the building for ventilation. Because this
outside air duct is capped, outside air that is drawn into the building by the toilet exhaust fans
does not pass through this duct to the air handler's filter and cooling coil, but is drawn in
through openings in the building envelope unfiltered and unconditioned.
"Note that the building is not 100% air tight due to air leakage through windows, doors,
construction joints, etc. The roll -up door in the archive room not a tight -fitting assembly, for
example. However, for this assessment we are assuming no infiltration (0 air change rate)
due to 2008 construction and fairly high quality general construction. A building envelope
leakage test can be performed using blower door apparatus to obtain the actual leakage rate.
"" The normal operating hours of the museum is Tuesday through Saturday 10:00 AM to
4:00 PM. This is 1,560 annual hours of occupied operation. Museum staff states that the four
HVAC systems are run during non -occupied hours to maintain indoor temperature and
relative humidity levels. Therefore there are 8,760 — 1,560 = 7,200 hours of non -occupied
operation.
EXHIBIT A
La Quints Museum HVAC Assessment Report
October 15, 2012
MASTER LIST OF RECOMMENDATIONS
1. Raise AH-1 to eliminate condensate spillage onto floor.
Section 1. Item 1.
Relocate steam dispersion tube in AH-1.
Section 1. Item 3.
Medium cost.
2. Raise AH-2 to eliminate condensate spillage onto floor.
Section 2. Item 2. Medium cost.
3. Install door louver in Museum Store interior door.
Section 1. Item 6 a. Low cost. Item 6b. Low cost. Item 6c. Medium cost.
4. Upgrade or install exterior door seals on all exterior doors.
Section 7. Item 1. Low cost.
5. Seal outside air louvers in the three mechanical rooms.
Section 5. Item 1. Low cost.
6. Perform blower door test and air measurement testing.
Section 7. Item 2. Medium cost.
7. Seal building envelope leakage paths.
Section 7. Item 3. Medium to high cost.
8. Install occupancy (motion) sensor to control toilet room exhaust fan, either
with lighting or separately.
Section 5. Items 2 and 3. Low cost.
9. Relocate AH-2 temperature sensor.
Section 2. Item 1. Low cost.
10. Install access door for AH-3 humidifier HD-2.
Section 3. Item 1. Low cost.
11. Relocate AH-3 humidistat.
Section 3. Item 2. Low cost.
12. Relocate AH-1 humidistat.
Section 1. Item 4. Low cost.
13. Re -commission the three humidifiers.
Section 2. Item 2. Section 3. Item 1. Section 6. Item 2. Medium cost.
14. Upgrade controls.
Section 6. Item 3a. Medium cost. Item 3b. High cost. Item 3b. Medium cost (sensors
and software).,
15. Relocate outside air intake at AH-2.
Section 2. Item 3. Low to medium cost.
16. Install demand control ventilation system at AH-2.
Section 2. Item 4. Medium cost.
17. Install humidifier in AH-2 system.
Section 2. Item 5. Medium to high cost.
18, Install motorized outside air dampers at AH-1, 3, 4.
Section 5. Item 4. Medium cost.
Cost estimates range:
Low cost: less than $ 1,000-
Medium cost: $1,000 to $ 5,000-
High cost: over $ 5,000-
EXHIBIT B
EquitySpec Proposal Attached
Revised: 5-29-12
PitiN West Industries
Air Conditioning • Service • Building Automation
To: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92247
Reference: Museum Upgrades
Paafic West Industries. Inc.
4085 E. La Palma Ave. Unit n
Anaheim, CA 92807
Tel 866.328.2129
Fax 714.630.4049
Date: I I/l/2012
Number: 305LQQK12
Payment Terms: Net 30 Days
Below are prices of the 18 Recommendations as listed at the end of the assessment in EXIBIT A from email on
October 29, 20112.
LIST OF RECOMMENDATIONS
1. Raise AH-1 to eliminate condensate spillage on to floor.
$1,200 - Section 1. Item 1. Raise unit 4" above the floor and rework supply and return
$700 - Section 1. Item 3. Relocate steam dispersion tube in AH-I
2.Raise AH-2 to eliminate condensate spillage on to floor.
$1 200 - Section 2. Item 2. Raise unit4" above the floor and rework supply and return. Exclude Item 2a,2b & 2c
need more information for a,b&c
3. Install door louver in Museum Store interior door.
S800 - Section 1. Item 6 a Install door louver in Museum Store interior door
Item 6b.(Excluded)
Item 6c.(Excluded)
4. Upgrade or install exterior door seals on all exterior doors.
$3,000 - Section 7. Item 1
5. Seal outside air louvers in the three mechanical rooms.
$500 - Section 5. Item 1
6. Perform blower door test and air measurement testing.
$1,800 - Section 7. Item 2. Perform blower door test and air measurement testing (exclude a,b,c&d)
Terms and conditions are part hereof
7. Seal building envelope leakage paths
$??? - Section 7. Item 3. Based on the results of item 2 (Excluded. Need to quote after blower door test)
8. Install occupancy (motion) sensor to control toilet room exhaust fan, either with lighting or separately.
$800 - Section 5. Items 2 and 3.
9. Relocate AH-2 temperature sensor.
$300 - Section 2. Item I
IO.Install access door for AH-3 humidifier HD-2.
$300 - Section 3. Item 1.
1 I.Relocate AH-3 humidistat.
$300 - Section 3. Item 2.
12.Relocatc AH-1 humidistat.
$300 - Section 1. Item 4.
13.Re-commission the three humidifiers.
$200 - Section 2. Item 2.
$200 - Section 3. Item 1.
$200 - Section 6. Item 2.
14,Upgrade controls.
$10,000 Section 6. Item 3a. Item 3b.1tem 3c.
15.Rclocate outside air intake at AH-2.
$1,600 - Section 2. Item 3.
16.Install demand control ventilation system at AH-2.
$3,000 - Section 2. Item 4.
17.1nstall humidifier in AH-2 system.
$ ? - Section 2. Item 5. (Excluded Need size of humidifier spec)
18.Install motorized outside air dampers at AH-1, 3, 4.
$3,000 - Section 5. Item 4.
LumpSum Price........................................................................................$29,400.00
Excluding:
l . Any work not detailed above
2. Section 2. Item 5 Install humidifier in A11-2 system
3. Section 7. Item 3 Seal leakage paths
4. Item 6b Fan for museum store
5. Item 6c Split system for museum store
This proposal is subject to acceptance within 30 days from date of issuance. Pacific West Industries thanks you
for the opportunity to be of service.
If you should have any questions, please feel free to call on me. My phone number is (714) 322-0691 (Cell)
Respectfully submitted,
Kevin Marquardt, President
Pacific West Industries, Inc.
PACIFIC WEST INDUSTRIES, INC. (PWI)
TERMS AND CONDITIONS
I. PAYMENT AND TAXES -. Payment shall be made net 30 days from date of invoice. In addition to the AGREEMENT price, the CUSTOMER shall
pay PW I any applicable taxes or government charges, which may be required in connection with the service or material furnished under this AGREEMENT.
2. WORKING HOURS - A!I services performed under this AGREEMENT including major repairs, arc to be provided during PWI's normal working hours
(lam --Spur, M-F) unless otherwise provided. Services requested by CUSTOMER, which are riot covered under this AGREEMENT, will be invoiced at
P W I's current prevailing labor and pans charges.
3. EXCLUSIONS - PWI is not responsible.for repairs, repiacemerns, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency
calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system
design, damage due to freezing weather, chemical/clociruehemicxl attack, corrosion, crtrsion, deterioration due to unusual wear and tear, or any enter cause
beyond PWPs control. PWI is not responsible for the identification, detection, abatement, encapsulating or renmval of asbestos, or products or materials
containing asbestos or similar hazardous substances. In the event that PWI encounters any asbestos product or any hazardous material in the course of
performing its work, PWI may suspend its work and remove its employees from rife project, until such product or material, and any hazards constituted with
it are abated. PWI shall receive an extension of time to complete its work and compensation for delays encountered as a result of such situation and its
correction. PWI shall nor be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by
insurance companies, govenwreut, stale, municipal or other authority. Eloweveq in the event any such recommendations occur. PWI, at its option, may
SObnlil a proposal fur CUSTOMER'S consideration in addition to this AGREEMENT. PWI shall not be required to repair or replace equipment that has not
been properly maintained.
4, WARRANTY - PWI warrants that all service provided under this AGREF.MFNT shall be performed in a workmanlike usufruct. Any classic for defective
workmanship must be provided to PWI by written notice prior to the termination data of this AGREEMENT. PWI also warrants all PWI pans or
componcntasupplied hereunder to -be -free from Aefects'in"material and workmanship. -PWI 'shall at its option, repair;:replace or issue credit for any such
'-
items determined to be defective within one year from date of installation or until the termination date of this Agreement, whichever is curlier. ]rally Parris)
or component(s) should prove defective during the specified warranty period, or in the case of sorvicc, within 90 days of conrpicdon of that service, PWI will
at is option repair, replace or issue credit for any such horns provided they were not damaged, abused, or affected by chemical properies. THIS
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR S1"ATUTDRY INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. P WI's obligation to repair, replace, perform a service, or issue credit for any
defective part(s), componcnt(s) or service shall be CUSTOMER's exclusive remedy. If the CUSTOMER requests parts or services not included In this
AGREEMENT, CUSTOMER agrees that all requested part(s), components) or services supplied by PWI will be accepted subject to the PWI
Conditions of Sale issued with each order.
5. PROPRIETARY RIGHTS - During the rerun of this AGREEMENT and in combination with certain services, PWI may elect to install, attach to
CUSTOMER equipment, or provide ponable dcvjcc(s) (hardware and/or sofware) that shall remain tire personal proprietary property of PWI. No dcvice(s)
installed, attached to real property or portable device(s) shall become a fixture of the CUSTOMER location(s). CUSTOMER shall not acquire any interest,
title or equity in any hardware, software, processes, and other intellectual and proprietary rights to device(s) that are used in connection with providing
service on CUSTOMER equipment.
6. DELAYS - Delays caused by conditions beyond the reasonable control of either party shall not be the liability ofelther party to this AGREEMENT.
7. EQUIPMENT CONDITION & RECOMMENDED SERVICE Upon the initial scheduled operating and/or initial inspection, should PWI determine the
need for repairs or replacement, PWI will provide CUSTOMER in writing an 'equipment condition' notion including recommendations for corrections and
the price for repairs inaddition to this AGREEMENT. in the event PWI recommends consul scrviec(s) (that are not included herein or upon initial
inspection) and if CUSTOMER does not elect to have such service(s) properly perfmrucd in a timely fashion, PWI shall net be responsible for any
equipment or control lailure(s), operability or any long-term damage that may be the result. PWI at its option will either continue to maintain equipment
and/or controls to the best of its ability, without any responsibility, or remove such equipment frost this AGREEMENT, adjusting the price accordingly.
g. CUSTOMER TERMINATION - CUSTOMER shall have the right to tcmmme the AGREEMENT for PW I's nun-perfor icance provided PWI fails to
cure such non-perfonnanec within a reasonable time after having been given 30 days prior written notice of the non-pinrfurmance. Upon any termination,
early termination or expiration or AGREEMENT, PWI shall have free access to enter CUSTOMER local on(s) to disconnect and remove any PWI
personal propricun property or devicc(s) as well as remove any and all PWI-owned pans, tools slid personal property. Additionally, customer agrees to pay
PWI for all incurod but un-amortized service costs performed by PWI including overheads and a reasonable proRl.
9. PWI TERMINATION - PWI reserves the right to discontinue its scrvicc any time if payments have not been made as agreed or if alterations, additions or
repairs are made to equipment herein by others without prior agreement between CUSTOMER and PWI.
10. LIMITATION OF LIABILITY - Under no cireumslnnecs shall PWI be held liable for any incidental, special or comcqucmtial damages, including loss
of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. PWI shall be liable for injury to property, other
than equipment provided under this AGRF.EM f:N1', and to persons, to the extent that PWI 's negligent acts or omissions directly court ibuled to such injury.
PW9's maximum liability for any reason (except for personal injuries) shall consist of the refunding of all moneys paid by Customer to PWI under this
agreement, subject to right of renhoval and return of equipment to PWI.
11, WASTE, DISPOSAL -- Unless expressly provided for in this AGREEMENT PWI shall not have any obligation to dispose of waste oil, waste water,
refrlgeraws or any other substances associated with CUSTOMER's facility, nor will any advice, guidance or other action taken by PWI on behalf of
CUSTOMER be deenced to cause PWI to be considered as the waste disposer or generator. Under no ciscumstarecs shall PWI be responsible for the
disposal orally hazardous subsuoces.
12. CLAIMS - Both panics agree that any suits arising from the perfomwnce or non-pcifernsanac of this AGREEMENT, whether based upon contract,
negligence, and strict liability or otherwise, shall he brought within one (I) year from the date the suit arose.
�''� 1.�'�3-- - -
6Z9 CERTIFICATE OF LIABILITY INSURANCE 1111 12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREFIft AUTHOR2ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder b an ADDITIONAL INSURED, the pollcy(es) must be endorsed. If SUBROGATION IS WAIVED, Subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endoramnant a .
PROCUCER
Pynn Insurance Agency, LLC
Mari Ora" __
p (951) 239-0038 IM My, (951) 239.1916
EA
m . Mad@pynninsurenoeagency.com
24810Washigton Ave Sug12OS
INsuaEA AFFOAowoeO%mAOs aace
Munteta CA 92562
INSURER A: Associated Industries Insurance Company _
INSURED
INSURERS:
WSURERC I National Union Fire Ins. Co. of Pittsburgh, PA _
INSURERD:
PACIFIC WEST INDUSTRIES, INC
INsuReR s:
4085 E LA PALMA AVE STE B
INSURER F:
ANAHEIM CA 92807-1702
CERTIFICATE NUMBER: KFV151 NN NUMaen:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 13SUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
TYPE OF NBURANCs
COMMERCIAL OEHERAL LIABILITY
19
B
NSR
UaR
POLICY NUNOER
MN
LIMITS
EACH OUUMCCURRENCE
PREMIERS (Ed rmw
MEOEXP m* non
S 1,000,000
f IOO,000
f 5,000
FeRBONRLa AOvKKXLY
s 1.000.000
A
CLAa1SAWE OCCUR
NX 101353800
11/01/2012
11/01/2013
GENERALAGGREGAT!
S 2.000,000
-
GEHLAGOREGATE UABTAPPUES PER
X POLICY g' LOC
AUTOa080.8 LIABILITY -
PRODUCTS •OOMOIDPA60
S 2,000,000
U
S
f
ANYAUTO
ALL OWNED SCHEDULED
AI/fOS NNOON�NED
HINEDAUTOS AUTOS -
BOORYOLA/RY"PeMO)
GOOILYwAIRY(►a*mM*n)
S
q—�
, n
S
f
C
x
UMSRBLLALW
EXCESS I"
OCCIw
CLAPL84AACE
EOU-023518230
11/01/2012
11/01/2013
EACH OCCURRENCE
S 1.000.ODO
mewoATE
$ 1,000,000
u
ONPENSAnoNERB'LIABLITY
EJ.. EACH ACCIDENTBEREJWLLKIEOT EA.OISEASB-EAEMPLO
YINTORIPARTNEMXlCUTN! O
M I)
OF � RATKalA aM.eweA.
NIA
f
MSEASE. POLICY LIMIT
S
V
OPERATION8IL. TiONB/VEHICLES (A11Pca ACORV Jai, ANiM gj R,m SSWdulq Nmero*W.H 1"01-4
City of Le Quanta is named Additional Insured per the attached Endorsement
City of Le DUMB
PO BOX 1504
La Quanta, CA 92247
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCISLIED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL 89 DEUVERED IN
ACCORDANCE WITH THIS POLICY PROVISIONS,
AUTHORIZED
The ACORD name and logo are requRersa manna -- ----
POLICY NUMBER: NX101353800
COMMERCIAL GENERAL LIABILITY
NX GL 189 0511
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number. NX101353800
Endorsement Effective: 11/1/2012 12:01 a.m.
Named Insured:
Counter Signed By:
PACIFIC WEST INDUSTRIES INC, DBA.
PACIFIC WEST INDUSTRIES INC
SCHEDULE
Name of Person or Organization:
Any person or organization that the named insured is obligated by virtue of a written contract or
agreement to provide Insurance such as is afforded by this policy.
Location:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Section 11—Who Is An Insured is amended to include as an insured the person or organization shown
in the Schedule, but only to the extent that the person or organization shown in the Schedule is held
liable for your acts or omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to 'bodily injury" or "property damage" occurring after.
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than services, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) at the site of the covered operations has been completed: or
(2) That portion of "your work' out of which the Injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
C. The words "you" and "your" refer to the Named Insured shown in the Declarations.
ruv rr 4 ao nA 4 1 Pane 1 of 2
POLICY NUMBER: NX101353800
COMMERCIAL GENERAL LIABILITY
NX GL 189 0511
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
D. The following are added to SECTION V — DEFINITIONS:
"Your work" means work or operations performed by you or on your behalf; and materials, parts or
equipment furnished in connection with such work or operations.
E. The following additional provisions apply to any entity that is an insured by the terms of this
endorsement:
1. PrimaryWording
With respect to the Third Party shown above, this insurance is primary and non-contributing. Any
and all other valid and collectable insurance available to such Third Party in respect of work
performed by you underwritten contractual agreements with said Third Party for loss covered by
this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance.
Rather, any such other insurance shall be considered excess over and above the insurance
provided by this policy.
2. Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of 'you work' done under a contract with that person or
organization.
W CI 1 Ea 05 11 Page 2 of 2
A
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or
❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
NAMEDINSURED: Pacific West
Industries
INC
ADDRESS OF NAMED INSURED: 4085 E La Palma Ave Ste
B Anaheim, CA 92807
POLICY NUMBER
245 8088-FOl-55
234 6785
E01 55
EFFECTIVE DATE
OF POLICY
12/01/12-06/01/13
11/01/12-05/01/13
DESCRIPTION OF
VEHICLE (including VIN)
11 Chevy Silverad
08 Chevy Express
1GBOCVCG4BF158634
1000G25KX81229162
LIABILITY COVERAGE
® YES
❑ NO
® YES
❑ NO
❑ YES
❑ NO
❑ YES
❑ NO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
$1000000
$1000000
Each Accident
$1000000
$1000000
b. Property Damage
Each Accident
$1000000
$1000000
c. Bodily Injury 6
Property Damage
Single Limit
Each Accident
PHYSICAL DAMAGE
COVERAGES
®YES
❑ NO
®YES
❑ NO
❑YES
[INO
❑YES
❑ NO
a. Comprehensive
$ 5000
Deductible
$ 1000
Deductible
$
Deductible
$
Deductible
® YES
❑ NO
® YES
❑ NO
❑ YES
❑ NO
❑ YES
❑ NO
b. Collision
$ 1000
Deductible
$ 1000
Deductible
$
Deductible
$
Deductible
EMPLOYERS NON -OWNED
CAR LIABILITY COVERAGE
® YES
❑ NO
®YES
[]NO
❑ YES
❑ NO
❑ YES
❑ NO
HIRED CAR LIABILITY
COVERAGE
® YES
❑ NO
® YES
❑ NO
❑ YES
❑ NO
❑ YES
❑ NO
FLEET -COVERAGE FOR
ALLOJNJEDAND LICENSED
I
❑ YES
❑ NO
❑ YES
❑ NO
❑ YES
❑ NO
❑ YES
❑ NO
MOTOR VEHIC
AGENT 55-8317 01/02/13
Signature of Authorized Representative Title Agent's Code Number Date
City of La Quinta State Farm Insurance
PO Box 1504 Marty Miller
La Quints, CA 92247 2667 Camino Del Rio So # 112
San Diego, Ca 92108
INTERNAL STATE FARM USE ONLY: ❑ Request permanent Certificate of Insurance for liability coverage.
122429.2 Rev. 06-10-2004 0 Request Certificate Holder to be added as an Additional Insured.