CONTRACT 6453 Maintenance and Repair Agreement CLOSEDAgreement No. 6453
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ACCO ENGINEERED SYSTEMS, INC.
GM 22-09: ON -CALL HVAC SERVICES PROJECT
This MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 191'
day of July, 2022, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation ("CITY") and ACCO ENGINEERED SYSTEMS, INC., a CALIFORNIA
CORPORATION ("CONTRACTOR").
The parties agree as follows;
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, Exhibit "A".
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR not to exceed
Fifteen Thousand dollars ($15,000.00) rates set forth in the attached Exhibit "A"
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly, but not later than thirty (30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from September 1, 2022 to June 30, 2023. This
term may be amended by mutual written consent of the parties, as specified in Section 19.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
City of El Segundo Maintenance Agreement (with Prevailing Wage)
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Agreement No. 6453
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
htt is//wr�v,dir.ca, ° ov/DI,SR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv, When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
v® CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
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Agreement No. 6453
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
i. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits `combined single)
$2,000,000
$1,000,000
Statutory requirement.
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Agreement No. 6453
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above 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 City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will 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 City.
C, Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
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Agreement No. 6453
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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Agreement No. 6453
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Jorge Prado
City of El Segundo
350 Main Street
El Segundo, CA 90245
Tel. no.: 310-524-2713
Email: jprado@elsegundo.org
To CONTRACTOR: Attn: Tommy Martinez
ACCO Engineered Systems, Inc.
2201 Park Pl. Ste. 400
El Segundo, CA 90245
Tel. no.: 424-201-0234 ext. 4627
Email: tartinez@accoes.com
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
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Agreement No. 6453
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one Agreement
binding on all Parties notwithstanding that all the Parties are not signatories to the same
counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement,
Agreements ancillary to this Agreement, and related documents to be entered into connection
with this Agreement will be considered signed when the signature of a party is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
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24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
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Agreement No. 6453
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
o
Elias Sass on,,
Public Works Director
ATTEST:
Iwo
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. H NSLEY, City Attorney
By;
Joaquin Va quez, Deputy City ttorney
Insurance Reviewed by:
Risk Manager
ACCO ENGINEERED SYSTEMS, INC.
Digitally signed by
Greg Guizado
Date: 2022.07.19
10:43:14-07'00'
Name: _
Title: Regional Sales Manager
Taxpayer ID No. 95-1625123
Contractor State
License No.: 120696
Contractor City Business
License No.: 1664
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Agreement No. 6453
EXHIBIT A
Scope of Services Contract Specifications
The scope of work includes the provision of all labor, materials, tools, and transportation as
required and/or implied for the implementation of an annual Preventative Maintenance
program for the facilities listed. The following items will be checked and recorded each time a
preventative service is completed:
• Inspect packing on mechanical seal.
• Inspect system for leaks in piping, flange connections, etc.
• Visually inspect coupling.
• Inspect packing on mechanical seal.
• Inspect system for leaks in piping, flange connections, etc.
• Visually inspect coupling.
Natural Draft Water Boilers
• Monitor heating capacity and compare to standard.
• Check for proper pilot ignition and burner combustion.
• Check firebox for cracks and burner condition.
• Verify water pressure, safety controls, and no water leaks.
Chilled Water Fan Coils
• Visual inspection for air and water leaks.
• Visual inspection for chafing or loose piping or wiring.
• Verify cleanliness of fan, coils, and condensate system.
• Visual inspection of fans dirt, debris, tightness, etc.
• Check and be sure all panels, guards are tight and secure
• Replace filters.
• Verify operation of motors.
• Inspect pump seals for leaks.
• Inspect motor bearings and lubricate if required.
• Inspect pulley grooves and belts for alignment, wear, and tension.
• Replace belts once a year.
• Inspect fan bearings and lubricate if required.
• Inspect fan wheels for free rotation, cracks, and alignment.
Agreement No. 6453
• Check condensate drain pans for cleanliness and report condition.
• Inspect wiring for secure contacts for signs of wear, arcing, overheating, burns, etc.
• Verify cooling and heat rejection to standard.
• Verify no leaks and all panels secure and tight.
• Verify condenser clean and proper airflow.
Chillers
• Inspect moisture indicator for evidence of moisture.
• Take oil sample and send for full analysis.
• Test secure mounting points.
• Test freeze control cutout and record temperature.
• Check to make sure pressure gauges are accurate.
• Check to make sure all oil levels are proper.
• Check to make sure refrigerant charge is proper in all circuits.
• Check superheat setting on each compressor.
• Leak test chiller for refrigerant, oil or water leaks.
• Water pressure drop across the chiller.
• Chilled water pump, rated amps_______, Actual amps
• Verify calibration of all electronic temperature inputs with thermocouple.
• Verify calibration of all electronic pressure inputs with gages.
• Calibrate chilled water set point and capacity control staging.
• Check all compressor contacts.
• Tighten all electrical connections.
• Meg motors and electrical components.
• Inspect wiring for overheating and chafing.
• Compare compressor FLA with actual and note.
• Check head pressure control setting.
• Check to make sure all condenser fans are cycling properly.
• Check condenser for cleanliness.
• Wipe down motors, clean control cabinet.
• Run fill load test of chiller and record full data load delta T
• Leaving water set point.
• Record full load condensing temperature for each circuit.
• Check each refrigeration circuit to make sure it has proper sub -cooling.
• Check to make sure all panels are tight and secure.
• Report equipment condition to facility representative, including any repair
requirements.
Package Units
Agreement No. 6453
• Replace all return air filters.
• Verify proper operation of supply, return, and condenser fan motors.
• Inspect motor bearings and lubricate if required.
• Inspect pulley grooves and belts for alignment, wear, and tension.
• Inspect fan wheels for free rotation, cracks, and alignment.
• Inspect fan bearings and lubricate if required.
• Check return air and outside air dampers and lubricate, if needed.
• Check economy cycle operation.
• Check DX cooling coils for cleanliness.
• Record entering/leaving air temperatures and pressures.
• Check operation of solenoid valves and expansion valves.
• Verify superheat adjustment.
• Inspect vibration eliminators to be sure they are secure and free from damage.
• Check compressor oil pressures.
• Inspect wiring to make sure it is secure and free from damage.
• Inspect starter contacts for sign of wear, arcing, overheating, burns, etc.
• Check heat exchanger for cleanliness and signs of deterioration.
• Check condensate drain pans for cleanliness and report condition.
S�121 it Systems
• Replace filters.
• Verify proper operation of motors.
• Inspect motor pressures and lubricate if required.
• Inspect pulley grooves and belts for alignment, wear, and tension.
• Inspect fan bearings and lubricate if required.
• Inspect fan wheels for free rotation, cracks, and alignment.
• Check return air and outside air dampers and lubricate, if needed.
• Check condensate drain pans for cleanliness and report condition.
• Inspect wiring to be sure it is secure and free from damage.
• Inspect starter contacts for signs of wear, arcing, overheating, burns, etc.
• Verify cooling and heat rejection to standard.
• Verify no leaks and all panels secure and tight.
• Verify condenser clean and proper airflow.
• Record start and finish times with service information on the data sheet service log
maintained at each site. A paper copy of the P.M. or service work sheet should be left
with Building Maintenance Supervisor, or it may be faxed or emailed to him on the
same day.
Agreement No. 6453
Basic Procedures
The following basic general procedures shall be applied to all facilities, equipment, systems and
components as appropriate:
1. Examine each piece of equipment and device to determine of the equipment is
functioning properly and is in good operating condition.
2. Lubricate all equipment, where needed, to permit bearings, gears and all other
contact wearing points to operate freely and without undue wear.
3. Adjust all linkages, motors, drives, etc., which have drifted from the initial design
settings and positions.
4. Calibrate all sensing, monitoring, output, safety, and read-out devices for proper
ranges, settings, and optimum efficiency.
5. Test and cycle all equipment as a system after it has been repaired, replaced,
cleaned, lubricated, adjusted or calibrated to ensure the facilities operate to the
original design parameters.
Services Shall Include
The contractor shall provide preventative maintenance services on all equipment and
associated devices related to the mechanical and electrical systems as outlined within the
specification. Services shall include:
1. Establish a plan for scheduled maintenance, its implementation and use of normal
consumables.
2. Regular check -in with feedback and status reporting and ongoing operating
coordination with City.
3. Guarantee on -call emergency responses.
4. Provide related energy and vibration analysis/reports with recommendations, if
requested.
5. Provide professional consultations, as requested.
6. Provide overall management of controls and equipment.
Emergency Call -Outs
The Contractor is required to provide "on -call" emergency service as requested by the City's
Building Maintenance Manager or his designee. Emergency service shall be considered calls
that are in addition to the regularly scheduled preventative maintenance.
1. Emergency service shall be provided on a 24-hour basis, including weekends, and
holidays.
2. The contractor must respond to an emergency call -out situation within four (4)
hours.
Agreement No. 6453
ACCU General Service rates Sept ZUZZ thru June ZU23
ST
OT
DT
Local 250 A
$
15100
$
210.00
$
290.00
Local 250 B
$
140M
$
191.00
$
249.00
Local 250 C
$
12T00
$
143.00
$
224.00
Local 250 D
$
115,00
$
156.00
$
201.00