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CONTRACT 7374 Maintenance and Repair AgreementAgreement No. 7374 05/2025 MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND ACCO ENGINEERED SYSTEMS, INC GM 25-11 HVAC SERVICES This MAINTENANCE AGREEMENT is entered into this 11TH day of JULY 2025 by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("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, below; 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 for CONTRACTOR's services an amount not to exceed $35,000 pursuant to the rates set forth in the attached Exhibit 'A," which is incorporated by reference. CITY will remit payment promptly, but not later than 30 days after receiving any CONTRACTOR invoice. 2. TERM. The term of this Agreement will be JULY 1, 2025 to JUNE 30, 2026. The Agreement may be renewed upon mutual consent of the parties. 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. Page 1 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of 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 http://www.dir.ca.gov/DLSR/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 appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or 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 estab- lished for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in Page 2 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 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. 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 Page 3 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 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) $1,000,000 Proof of Insurance Statutory requirement. A. Commercial general liability ("CGL") insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 04 13, or equivalent, covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. B. For automobiles, the insurance must meet or exceed the requirements of Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or, if CONTRACTOR provides proof of a personal automobile policy, such personal policy must include and indicate business venture coverage with limits no less than $1,000,000 per accident for bodily injury and property damage. If CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage must be included in coverage. C. 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. CITY's additional insured status will apply with respect to liability and defense of suits arising out of CONTRACTOR's acts or omissions. 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, and the notice must include any necessary endorsement to facilitate such notice to CITY. D. CONTRACTOR will furnish to CITY valid Certificates of Insurance Page 4 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 evidencing maintenance of the insurance required under this Agreement, a copy of an Additional Insured endorsement confirming CITY has been given Additional Insured status under the CONTRACTOR's General Liability policy, 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." E. Required insurance endorsement language is as follows: i. Additional Insured Endorsement with this language: "The City of El Segundo, its elected and appointed officials, employees, and volunteers as additional insureds." ii. Cancellation Endorsement with this language: "The City of El Segundo will receive thirty (30) days written notice in the event of cancellation, nonrenewed or reduction." iii. Primary and Non -Contributory Endorsement with this language: "Coverage is primary and non-contributory such that any other insurance that may be carried by the City will be excess thereto." 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 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 Page 5 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 Section. 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. 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. 9. 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 Page 6 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. NOTICES. 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: If to CONTRACTOR: Attention: Tommy Martinez ACCO Engineered Systems Inc. 2201 Park Place Suite#400 El Segundo, Ca 90245 Tel No:424-201-0234 Email: tmartinez@accoes.com If to CITY: Attention: Jorge Prado City of El Segundo 350 Main Street El Segundo, Ca 90245 Tel No: 310-524-2713 Email: jprado@elsegundo.org Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. 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. 11. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE. A. Restriction on Artificial Intelligence Usage. CONTRACTOR must not utilize, employ, or incorporate any form artificial intelligence, machine learning, or other similar technologies (collectively, "Al") in the provision of professional services in this Agreement without CITY's express written consent. B. Exclusions. The Al prohibition set forth directly above will not apply to general business tools and software that may have Al components but are not directly involved in the execution or delivery of professional services that this Agreement covers, provided that such tools and software do not significantly impact the quality or nature of such services. C. Notification. CONTRACTOR must promptly notify CITY, in writing, of any proposal to employ Al in connection its provision of services to the CITY under this Agreement. CITY will have the sole discretion to grant or deny Page 7 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 such proposal. 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. 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 the 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 in connection with this Agreement will be considered Page 8 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 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. CONSULTANT warrants that its signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this Agreement and bind CONSULTANT accordingly. 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. 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 FOLLOWING PAGE] Page 9 of 8 Rev 7/30/24 Agreement No. 7374 05/2025 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a real law city. �r Darrell George City Manager ATTEST: Susa uax,City Clerk APPROVED AS TO FORM: MARK D. HENSLEY„ CITY ATTORNEY By: *Davidng, L5ta t City Attorney MR �i�slG ACCO ENGINEERED SYSTEMS INC. Name Sales Manager Title Digitally signed by Greg Guizado Date: 2025.07.11 10:19:37-07'00' Taxpayer ID No. 95-1625123 Page 10 of 8 Rev 7/30/24 EXHIBIT A Agreement No. 7374 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 hater 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. • 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 k0. • 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. 0 Inspect fan wheels for free rotation, cracks, and alignment. Agreement No. 7374 • 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. Packa e Agreement No. 7374 • 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. Split SS items • 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. 7374 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. 7374 ACLU beneral service rates July zuz!:) tnru June ZUZb ST OT DT Loci 250 A $ 168,00 $ 235.00 $ 302.00 Local 250 B $ 155-00 $ 217.00 $ 279.00 Local 250 C $ 141,00 $ 197.00 $ 253.00 Local 250 D $ 132,00 $, 184.00 $ 237.00