Loading...
3647 CLOSEDDUPLICATE ORIGINAL 3647. T MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND ACCO ENGINEERED SYSTEMS THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 20th day of September, 2006, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and ACCO ENGINEERED SYSTEMS, a California Corporation ( "CONTRACTOR "). The Parties agree as follows: 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 on a per unit basis an amount 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 October 1, 2006, to September 30, 2009. The Agreement may be renewed upon mutual consent of the parties. 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 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. 2006 -09 -20 ACCO Engineering - HVAC Maintenance.doc Page 1 of 8 3 6 4 7 . *: 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.dii-.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: i. 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. 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. 2006 -09 -20 ACCO Engineering - HVAC Maintenance.doc Page 2 of 8 3647 - 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 naive, 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. 4. 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; ii. 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. 1. 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 Limits (combined el CITY A c0 Comme. -cial general liability: $2,000,000 effiRk C-91 Business automobile liability $2,000,000 cctb'' Workers compensation Statutory requirement. 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 2006-0&20 ACCO FMIn erN - HVAC Whenarroe.doc Page 3 of 8 3647 . , . 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 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will fiunish 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:VH." 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. 2. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of imumnce as required under Section 1 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. 3. TERINIINATION. 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. 200&" ACCO Engineering - HVAC Mainrananoe.dw Page 4 of 8 3647. °? Is 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. 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. 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. 2006 -09 -20 ACCO Engineering - HVAC Maintenance.doc Page 5 of 8 3647 '*7 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: Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 -3813 To CONTRACTOR: Attn: Roberta Kessler 6265 San Fernando Rd. Glendale, CA 91201 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. 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. 2006 -09 -20 ACCO Engineering - HVAC Maintenance.doc Page 6 of 8 3647. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF E SEG DO ACCO ENGINEERED SYSTEMS, a goner a California Corpora 'on. 1-WiJ ZT, iTi! Jeff t art. Cit anager President ATTEST: `41- Cindy M tesen, r City Clerk APPROVED AS PTO FO[ZDvI: MARK D. HEN« LE ( 9.ih' Attorney Kapf 4H. lferger, City Attorney 2006.09.20 ACCO Engineering - HVAC Maintenance.doc Page 8 of 8 Secretary Taxpayer ID No. 95-- / 6'Z-57 Zy 3647. -�- 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. ACCEPTANCE OF FACSIMILE SIGNATURES. 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 signed when the signature of a party is delivered by facsimile transmission. Such facsimile 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. 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. 2006 -09 -20 ACCO Engineering - HVAC Maintenance.doc Page 7 of 8 3647 ; f , , Z44, � '�' I c- '� , E )�k CITY OF EL SEGUNDO CONTRACT DOCUMENTS & SPECIFICATIONS FOR HVAC MAINTENANCE FOR CITY BUILDINGS IFB NO. 06 -08 PUBLIC WORKS DEPARTMENT GENERAL SERVICES DIVISION 150 ILLINOIS STREET EL SEGUNDO, CA 90245 TELEPHONE: (310) 524 -2709 FACSIMILE: (310) 414 -0911 PRINTED ON RECYCLED PAPER 36 4 7 ,'*,1 INVITATION FOR BID HVAC MAINTENANCE FOR CITY BUILDINGS IFB NO. 06 -08 Sealed Bids must be received before 11:00 a.m. on August 29, 2D06, by the City Clerk's office for the City of EI Segundo, 350 Main Street Room 5, El Segundo CA 90245 -3813, for HVAC Maintenance for City Buildings — IFB No. 06 -08. Initiation for Bid (IFB) packages are available at the Public Works Department, General Services Division, 150 Illinois Street, El Segundo, CA 90245, (310) 524- 2709. Please refer to specifications for complete details and Bid requirements. The specifications in this notice are a part of any contract awarded in accordance with this IFB. Risk Manager & Purchasing Agent 3647 .7? SPECIAL INSTRUCTIONS TO BIDDERS 1. A mandatory on -site inspection for BIDDERS to tour all locations is scheduled as follows: Date August 2, 2006 Time 8:00 A.M. Location City of El Segundo Council Chambers 350 Main Street El Segundo, CA 90245 3647. City of El Segundo, Public Works Department Invitation for Bid HVAC Maintenance for City Buildings IFB No. 06 -08 IFB DATA IFB Number: 06 -08 Commodity Title: HVAC Maintenance for City Buildings Issue Date: July 14, 2006 IFB OPENING Date: August 29, 2006 Time: 11:00 A.M. Location: City Clerk's Office 350 Main Street El Segundo, CA 90245 -3813 DIRECTIONS Park on the north side of City Hall on Holly Street. Enter City Hall through the double glass doors. Proceed down the hall to Room 5, the first office on the right -hand side. IFB SCHEDULE IFB Mailing Mandatory On -Site Inspection Deadline for Questions Response to go out for Questions IFB Opening IFB Evaluations City Council Approval Contract Execution /Begin Services IFB CONTENTS I. Bidder's Information II. Bid Guarantee Bid Bond III, Company Profile and Qualifications IV. References V. General Specifications VI, Contract Administrators VII, Equipment List By Building VIII, IFB Bid Sheet IX. Contract Sample July 14, 2006 August 2, 2006 at 8:00 A.M. August 17, 2006 at 3:00 P.M. August 24, 2006 August 29, 2006 at 11:00 A.M. September 6, 2006 September 19, 2006 October 1, 2006 The Office of the City Clerk must receive sealed written responses no later than the date, time and location indicated above for the Bid opening. Submittal of response by fax is not acceptable. Any questions regarding this IFB should be directed to Larry Brown LBrown(a)EISegundo.org (Phone 310.524.2709; Fax 310.414.0911). Note: This Invitation for Bid (IFB) does not constitute an order for the goods or services specified. Page 1 of 17 • • a Invitation for Bid 3647..`'," City of El Segundo, Public Works Department IFB No. 06-08 HVAC Maintenance for City Buildings I. BIDDER'S INFORMATION Sealed Bids must be received before 11:00 a.m. on August 29, 2006, by the City Clerk's office for the City of El Segundo, 350 Main Street Room 5, El Segundo CA 90245 -3813, for HVAC Maintenance for City Buildings — IFB No. 06 -08. The City of El Segundo is seeking Bids from qualified firms to provide heating ventilation and air conditioning (HVAC) maintenance services. The Bid must be: Completed on forms provided and signed by the Bidder's authorized representative. 2. Submitted in four (4) sets, clearly marked "Invitation for Bid for HVAC Maintenance for City Buildings 50 Main Street E8Segudndo�Cal California, Clerk, City of El Segundo, 3 No telephone or facsimile Bids will be accepted. Bidder must honor Bid prices for sixty (60) days. Award of a contract will be made by the City Council based upon the criteria set forth in this IFB and will be made based upon the best qualified Bidder rather than lowest price. All items are to be in accordance with the attached specifications. Mandatory On -Site Inspection: A tour of all locations will take place on August 2, 2006 at 8:00 A.M. Bidders unable to attend the mandatory on -site inspection tour will be automatically disqualified from the IFB process and precluded from submitting a Bid response to the City. The tour meeting location is at City of El Segundo Council Chambers, 350 Main Street, El Segundo, CA 90245. Filing Date: All responses must be received at or before August 29, 2006 at 11:00 A.M. Copies of all forms and specifications are available at the Public Works Department, General Services Division, 150 Illinois Street, El Segundo, CA 90245, (310) 524 -2709. Bid Questions: Technical questions 310.524 2d709; directed to Larry 414 0918) Deadline for LBrown(d�ElSegundo.orc (Phone questions is Wednesday, August 17, 2006 at 3:00 P.M. Submitting ; Bids must include this form, in its entirety, in a sealed envel Bids ope with the wording Bid, and the Bid number, closing date marked on the outside. Bids /corrections received after the Irk time delilvleredb Uponnaward The City responsible for Bids not properly ma ed become a matter of public record. Alternatives: Any changes or alternatives must be set forth in a letter attached to this Bid. The City has the option of accepting or rejecting any alternative Bid. Page 2 of 17 3647. City of El Segundo, Public Works Department Invitation for Bid HVAC Maintenance for City Buildings IFB No. 06 -08 Preparation: All Bids must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the Bid. Bid Resection: The City may reject any or all Bids and or waive irregularity in any Bid. The City may reject the Bid of any Bidder who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such a contract satisfactorily. The City may reject the Bid of any Bidder who is in default of the payment of taxes, licenses or other monies due to the City of El Segundo. Award of Contract: The award of contract, if made, will be to the lowest responsible bidder determined solely by the City of El Segundo. Other considerations include contractor's business history of five years or more. Additionally, the City of El Segundo reserves the right to reject any or all proposals, to waive any irregularity, and take the bids under advisement for a period of sixty (60) calendar days, all as may be required to provide for the best interests of the City of El Segundo. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. Bonds: Bid bonds must be furnished to the City by all Bidders in the amount of at least 10% of the Bid to guarantee that Bidders will enter into contract to furnish services at prices stated (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). Default: In case of default by the Bidder of any of the conditions of this Bid or contract resulting from this Bid, the Bidder agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the Bidder, or collect against the bond or surety, or may invoice the Bidder for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made. Prevailing Wages and Payroll Records: Contractor and subcontractors shall be required to comply with all applicable provisions of the State Labor Code. CONTRACTOR and subcontractors shall pay the minimum prevailing rates of per diem wages as determined by the State Department of Industrial Relations. A copy of the most recent prevailing rates are on file at the Engineering Division, 350 Main Street, El Segundo, CA 90245, which will be made available for inspection to any interested party on request. Contractor and subcontractors shall keep accurate payroll records. Upon request by the CITY, a certified copy of these records shall be furnished to the City or its authorized representative. Page 3 of 17 Invitation for Bid City of El Segundo, Public Works Department IFB No. 06 -08 HVAC Maintenance for City Buildings II. BID GUARANTEE BID BOND HVAC Maintenance for City Buildings IFB No. 06 -08 KNOW ALL MEN BY THESE PRESENTS that 0 as BIDDER, and as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ ), which is ten Segundo (10 %) percent of the total amount bid by f BhDDERm; BIDDER and City SURETY agree to be above stated project, for the payment o bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for s awarded and stated to projet, if ed into by bid is rejected, or if said bid is accepted and a contract BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 BIDDER* SURETY* Subscribed and sworn to this day of 20 NOTARY PUBLIC Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Page 4 of 17 3647. City of El Segundo, Public Works Department Invitation for Bid HVAC Maintenance for City Buildings IFB No. 06 -08 III. COMPANY PROFILE AND QUALIFICATIONS Company Profile: Bidder must provide a company profile. Information provided must include: 1. Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation. 2. Location of company offices. 3. Location of office servicing El Segundo account. 4. Name, address, e -mail and phone number of the Bidder's point of contact. 5. Copies of valid a State Contractors License. Indicate license number and expiration date. 6. Company background /history and why applicant is qualified to provide the services described in this IFB. 7. Length of time applicant has been providing services described in this IFB. Please provide a brief description. 8. Complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Bidder or in which the applicant has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any bid. If applicant is a Union Shop provide the date of current union contract expiration, local number and affiliation. Personnel Qualifications: Resumes of representative /manager and those individuals who will directly support all work specified in this IFB. The Contractor's staff must be certified and licensed Journey level technicians. Information provided must include: experience, level of expertise and qualifications. If work is subcontracted, indicate the name and address of each firm and the type of work or tasks they will perform. Identify personnel, level of expertise and qualifications. Financial Statement: Bidder must provide a current financial statement or latest annual report. Bidder shall make a definitive statement regarding their financial ability to perform the requirements hereunder. References: Applicants must provide a minimum of three (3) references from similar projects performed within the last three (3) years using the "References" form provided. These references will be used to evaluate the firm's technical competence, knowledge of advances in HVAC and creativity in designing solutions with the best cost - benefit ratio. Page 5 of 17 3647.' City of El Segundo, Public Works Department Invitation for Bid - HVAC Maintenance for City Buildings IFB No. 06 -08 Alternative Bids: Provide statements of alternative Bids, if any, labeled "Alternative Bid Number One, Alternative Bid Number Two," etc. The format of each alternative Bid submitted may be abbreviated to address the following: 1) Work Program; 2) Methodology and 3) Assigned Personnel. Bidder Understanding: Bidders may include an understanding of the City's needs or any other information deemed necessary which may not be required in any other section of the IFB. Format: Each Bidder will develop the forms and documentation for the bid. There is no standard format unless otherwise indicated (i.e., References, Bid Sheet). Emphasis will be placed on clarity of the presented material, transparency of assumptions and accuracy of all calculations. Page 6of17 3647. , .. City of El Segundo, Public Works Department Invitation for Bid HVAC Maintenance for City Buildings IFB No. 06 -08 ll IV. REFERENCES S� r�"t^T`��� �,Q,� �- >,�r���,/�r.,t{,��.� �, �4�,� � "'0 The following are the names, addresses, and telephone numbers for references where similar projects were performed within the last three (3) years: P Title: �d1 9YAC N��l Name and address of owner: / -Z+ . L� � 54.J GKr�ak�C CA 115-497 Namre—anditeelepho�n�e number of person familiar with project: Type of work: ,tom a/l ��U•�a�ur�.tirQh PKG�K�, =+.� i /� " -f,n N'r cau��t°� �r f � ,�.,±. -l• 4�s � 6 4+ Contract amount: Date completed: T $ ='e, P7� wOQKNs o;,ir/� ' !C Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? L Project Title: /� p Location: r+ 1 r r ei d Name and address of owner: C. Name and telephone nunter of person familiar with project: T e of work: YP f�yr � � ct � (/{ar,' �.�,r,t.! +� f' t iJ, :1 +41I"�,,p /Q ��r r rho, :•l�r�.� !!'.yriN✓' "�uN.''.t,l� lu;ilf T I. Contract amount: Date completed: \ FDidyo'ur mount of work done by my /our firm under contract firm have any financial interest in Project? ,4 s J Page 7 of 17 r 1-9, (- . ) 3647..,1 Bid Invitation for City of El Segundo, Public Works Department In IFB No. r Bid HVAC Maintenance for City Buildings Page 8 of 17 �6 7. City of El Segundo, Public Works Department Invitation for Bid • HVAC Maintenance for City Buildings IFB No. 06 -08 V. GENERAL SPECIFICATIONS The City of El Segundo (The City) is seeking Bids for the following purpose according to the terms and conditions attached. In the preparation of this Invitation for Bid the words "Bidder," "Contractor," and "Consultant" are used interchangeably. Scope of Work: This Invitation for Bid (IFB) is a solicitation for the services of a qualified firm to provide a 100% Coverage, Maintenance Service Contract on all specified HVAC systems for the City of El Segundo. The contract will include maintenance service, repairs and upgrades for HVAC systems at six (6) City buildings in El Segundo: City Hall, 350 Main Street; Police Department; 348 Main Street; Fire Station No. 1, 314 Main Street; Library, 111 W. Mariposa Avenue; Joslyn Senior Center, 339 Sheldon Street; and Maintenance Facility, 150 Illinois Street. The City HVAC systems are in good operating condition and have been maintained under a 100% coverage contract since March 2003. The firm selected will use only quality parts and materials as required to perform the maintenance service, repairs and upgrades under this contract, as approved by the City. The City has the right to reject unapproved parts and materials provided under this contract without penalty. The Contractor's staff must be certified and licensed Journey level technicians. Maintenance service must be scheduled on a routine basis and performed no less than bi- monthly, six (6) times per year. The Contractor will provide emergency repair service twenty -four (24) hours per day without additional charge on the contract. Note: The City contracts with Siemens Building Technologies Inc. for a Performance Services Agreement (Energy Management Contract) for the Comfort Control Systems at City Hall, Police Department and Fire Station No. 1 and Library. Under this agreement, Siemens is totally responsible for the Comfort Control Systems in each of the above buildings. Siemens does not assume responsibility for any other equipment or systems or the components covered by this contract. Annual 100% Coverage Maintenance Agreement: This contract will provide 100% coverage, maintenance service on all specified equipment at each building including emergency service for the HVAC equipment twenty -four (24) hours per day 24/7, (365 days per year). The Contractor will make all scheduled repairs and perform maintenance service during normal working hours, 7 :00am to 5:OOpm, Monday through Friday except for legal and / or designated holidays. There will not be additional charges for after hours, emergency service for calls related to this contract. The contract will cover: 1. All basic components of the systems and operating equipment, such as, but not limited to): belts, blowers, drives, motors and compressors, control damper /linkage, control valves, and operators. Page 9 of 17 3647 Bid Invitation for City of El Segundo, Public Works Department In IFB No. r Bid HVAC Maintenance for City Buildings 2. All electrical components within the unit or system and gas valves, pumps, water treatment, boiler controls, and all mechanical components including evaporators, condensers, refrigerant circuits and refrigerant. 3. All consumables (i.e., filters, belts, lubricants) and other related items for the proper operation of the HVAC systems will be included. 4. All required testing and certification for systems. The Contractor will maintain all equipment operating in accordance with the manufacturers specifications and on a schedule designed to maintain continuous peak performance of the equipment and systems. The Contractor will provide and replace all air filters as required on a routine basis for the proper operation of the systems. Any alterations or modifications to existing equipment or systems must be pre - approved by the City of El Segundo. Contract Time: The contract shall be for a three (3) year period with an option for one additional three (3) year term, for a maximum total contract length of six years, effective upon receipt of an executed contract from the City. The initial contract term will end September 30, 2009 to align with the City's fiscal year. The City upon thirty (30) days written notice may cancel the contract. The Contractor may cancel the contract with the City upon one hundred twenty (120) days written notice. City Business License: Contractor and subcontractor will obtain a City Business License before execution of the maintenance contract. Required Qualifications: Qualified Contractors are required to hold the appropriate license as required by the State of California Contractors License Board. Have at least five (5) years experience in the Maintenance and Service of HVAC equipment. All aspects of this contract will remain with the Contractor. Subcontractor /Assignment of Contract: The Contractor shall not subcontract any portion of the contracts or any additions made to the contract without first receiving approval from the City. All persons engaged in work shall be considered employees of the Contractor, with the supervisor being directly responsible for their work. The contract may not be assigned to another owner or entity. Default by Contractor / Termination: The City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in performance of the Contract, and has not otherwise cured such default after a period of ten (10) days notice given by the City to do so. Page 10 of 17 City of El Segundo, Public Works Department Invitatio kZF E?id HVAC Maintenance for City Buildings IFB No. 06 -08 `f If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days after delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days after receipt of an invoice, all such incidental costs less any amount deducted from monies due. Contract Enforcement: The Contractor or its authorized representative shall meet on the site at least once a month or at the discretion and convenience of the City, with the City's designated representative to address any problems or other issues. The City reserves the right to perform inspections at any time for the purpose of monitoring performance. The Contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of Contractor's performance, records and procedures. At the request of the City, the Contractor, or its appropriate representative, shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract and description of City policies and procedures. Insurance: The extent of a successful Contractor's insurance requirements are set forth in the sample contract attached to this IFB. Indemnification: The extent of a successful Contractor's obligation to indemnify and defend the City is set forth in the sample contract attached to this IFB. VI. CONTRACT ADMINISTRATORS The City shall designate the Facilities Maintenance Supervisor or designated representative(s) as the contract administrator who shall act on behalf of the City with respect to all aspects of the contracts. The Facilities Maintenance Supervisor can be reached at LBrown(cr)EISegundo org (Phone 310.524.2709; Fax 310.414.0911). All correspondence must be sent to the City of El Segundo, Public Works Department, General Services Division at 150 Illinois Street, El Segundo, CA 90245. Page 11 of 17 ?6 4 Invitation for Bid City of El Segundo, Public Works Department IFB No. 06 -08 HVAC Maintenance for City Buildings VII. EQUIPMENT LIST BY BUILDING: Fire Station No. 1 1. (2) Carrier 5 Ton PAC (Roof) Carrier 4 Ton PAC (Roof) 314 Main St. 2. El Segundo, CA 90245 3. Carrier 4 Ton HP Cond. Units (Roof) Carrier 2.5 Ton HP Cond. Units (Roof) 4. 5. (2) Carrier 4 Ton HP Fan coils (Ceiling) 6. (3) Lennox 2.5 Ton HP Fan coils (Ceiling) 7. (4) Reznor) Unit Heaters (Equip. Bay 1. Carrier 5 Ton VVT split system (East Lower Level) City Hall 2. ) Mitsubishi 4 Ton split system (computer roo(West 350 Main St. El Segundo, CA 90245 3. Lennox 5 Ton split system Heat Pump ower 4. Level) Carrier 8Ton Gas /Electric Packaged unit (Council 5. Chamber) Carrier 7.5 Ton Packaged A/C unit (111. floor Comp. 6. room) MZ -2 Energy Labs 40 Ton M/Z unit 7. MZ -3 Energy Labs 25 Ton M/Z unit Police Department 1. Trane 30 Ton Air Cooled Chiller 348 Main St. 2. Larrs Hot Water Boiler El Segundo, CA 90245 3. (3) CHW Air Handlers 4. Return Air Fan 5. (2) Variable Speed Drives 6. (2) CHW Pumps 7. (2) HW Pumps 8. Carrier 10 Ton PAC 9. 10. Carrier 6 Ton PAC York MZ Air Handler and RA Fan (Basement) 11. Carrier 20 Ton Cond Unit (Basement) 12. Carrier 5 Ton PAC Maintenance Facility 2 Carrier 5 Ton Cond. Units 150 Illinois St. 2. 3. (3) Carrier Upflow Furnaces (3) Sterling Horz. Unit Heaters (Equipiment Bay) El Segundo, CA 4. Carrier 2 Ton Split System HP (Garage Area) Page 12 of 17 3647 . City of El Segundo, Public Works Department 4 - i P Invitation for Bid HVAC Maintenance for City Buildings IFa No. 06-08 i Joslyn Senior Center I.(2) Carrier 5 Ton G/E PAC 339 Sheldon St. II.Rheem 5 Ton G/E PAC El Segundo, CA i III.(2) Rooftop Exhaust Fans Library 1. Trane Multizone Air Handling Unit 111 Mariposa Ave. 2. Variable Speed Drive El Segundo, CA 90245 I 3. Trane 50 ton W/C Chiller 4. Frigid Coil 60 ton Evaporative Condenser 5. Packaged Water Source Heat Pump 6. Ray -Pak Hot Water Boiler 7. (7) HW, CHW. CW, Pumps 8. Quincy Air Compressor & Air Dryer Page 13 of 17 3 6 4 7 City of El Segundo, Public Works Department Invitation for Bid IFB No. HVAC Maintenance for City Buildings 06-08 VIII. IFB BID SHEET Bid Amounts: For maintenance service for HVAC systems outlined in this IFB: A. Annual price --) maintain equipment: ITEM NO. BUIL 'ING YEAR 1 YEAR 2 YEAR 3 TOTAL '40. $ $ -- -0 �)S — I Fire Static 1 $ 2 Ci Hall 7 $ 3 Police De, rtrnent . ,7 o -7 / $ 2, 4 Maintenar a F acili $ i $ - $ $ �- S- , - _> 71 5 Josl n Se or Center $/ $ $ 6 Library PRICE TO MAINTAIN EQUIPMENT $ A. TOTAL ANNUAL B. Total price of repairs, deficiencies, and/or corrections identified by Bidder. Attach a separate Bid sheet detailing repairs: ITEM BUILDING TOTAL NO. 7 Fire Station No. $ Cit Hall 9 Police Departm,ent $ $ lo Maintenance Facility 11 Joslyn Senior Center --- $ 12 Library B. TOTAL PRICE OF REPAIRS, DEFICIENCIES, CORRECTIONS $ Page 14 of 17 "'4-cc 3647. City of El Segundo, Public Works Department f 'Ms HVAC Maintenance for City Buildings Invitation for Bid IFB No. 06 -08 C. Hourly straight time rate for additional services not outlined in this IFB. General overhead and administrative costs must be included in the hourly rate for labor. It will be assumed that all contingencies and /or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Bidder including but not limited to transportation /vehicle charges, fuel surcharges, and environmental charges. Materials and parts pricing is 25% above cost (10% overhead + 15% profit). For additional maintenance service and repairs for HVAC systems, not outlined in this IFB: ITEM NO. I YEAR TOTAL EST. COST PER HOURS HOUR AMOUNT 13 1 20 2 20 $ /'o 15 3 20 $ C. TOTAL STRAIGHT TIME COST FOR ADDITIONAL SERVICES $ . ��! -:,c, D. Hourly overtime rate for additional services not outlined in this IFB (overtime = straight time + overtime cost of the employee). General overhead and administrative costs must be included in the hourly rate for labor. It will be assumed that all contingencies and /or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected Bidder including but not limited to transportation /vehicle charges, fuel surcharges, and environmental charges. Materials and parts pricing is 25% above cost (10% overhead + 15% profit). For additional maintenance service and repairs for HVAC systems, not outlined in this IFB: ITEM TOTAL EST. COST PERAMOU'NT NO. YEAR HOURS HOUR 16 1 D. TOTAL OVERTIME COST FOR ADDITIONAL SERVICES TOTAL BID (Items 1 -18) TOTAL BID WRITTEN IN WORDS Page 15 of 17 3 b 4 Z - -177 � Invitation for Bid City of El Segundo, Public Works Department IFB No. 06 -08 HVAC Maintenance for City Buildings I have, read, understood, and agree to the terms and conditions on all pages of this Bid. The undersigned agrees to furnish the commodity or service stipulated on this Bid as stated above. Bid submitted by (complete all blanks Company Name: ,t O f^ Company Street Address: City, State, Zip: (^A Phone: Email Terms: -� JIVI A. % -r days, net ays By (Print name & title): Signature: , Date: i Fax: Web site: Delivery: days ARO Page 16 of 17 3647. City of El Segundo, Public Works Department Invitation for Bid ` HVAC Maintenance for City Buildings IFB No. 06 -08 IX. CONTRACT SAMPLE The successful Bidder will be required to enter into the attached sample contract with the City (Reference, Exhibit "A "). Page 17 of 17 37647 .';�" EXHIBIT "A" HEATING VENTILATION & AIR CONDITIONING MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THIS MAINTENANCE AGREEMENT CITY )OF EL SEGUNDO entered genera'ISlaw city of 20 by and bet Corporation and municipal corporation ( "CITY ") and a ( "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 on a basis an amount 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 , 20_, to , 20_. 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 workmanlike e of the labor, technical, administr at ve . professional and other personnel all supplies and office space and materials, equipment, printing, vehicles, transportation, 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, as specified in 8 California Code of Regulations § 16000 and set forth in DIR Decision Nos. 99 -028 and 2000- 091, CONTRACTOR must pay its workers prevailing wages. It is Page 1 of 6 3647 • s EXHIBIT "A" 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: i. 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 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. Page 2 of 6 3647 'T EXHIBIT "A" 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 de copies of the records at its requested by CITY, CONTRACTOR m provide 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; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, services difficuies, and nde this Agreement ns attending performance of the 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 conditionsONTRACTOR d stover any latent or unknown services hereunder. Should C 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 coverage I�imitsllcomplyi complying, maintain the following types of insurance minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $2,000,000 Business automobile liability $2,000,000 Workers compensation Statutory requirement. Page 3 of 6 3647 . , ..J EXHIBIT "A" 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 01 06 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 with or without cause. Notice of termination will be in writing. Page 4 of 6 3 6 4 7 EXHIBIT "A" B. CONTRACTOR may terminate before the effectipe termination e daten notice to CITY at least thirty (30) days efo 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, attorney's fees), injuries, or liability, be am din any suit this or should any or its performance. Should CITY claim be brought against it by suit this Agreement, h f r whether ts performance, or not, arising out o f 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 " includes and cecertified volunteers officials, employees, agents, representatives, C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor a,lld will have to contract for allswork and the manner in which is it performed. CONTRACTO R service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of nlef s CITY provides or its participate employees. any pension plan, insurance, bonus or similar benefits to give CITY the right to direct Any provision in this Agreement that may app CONTRACTOR as to the details of doing the work of measure he CITY as to end over the work means that CONTRACTOR will fo llow the direction results of the work only. 11. NOTICES. A. All notices given or required to be given pu t Agreement l b writing and may be given by personal delivery or by mail. sent by will be addressed as follows: To CITY: City of El Segundo El Segundo, CA Page 5 of 6 3647 . EXHIBIT °A" To CONTRACTOR: 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. 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. Page 6 of 6 EXHIBIT "A" 20. ACCEPTANCE OF FACSIMILE SIGNATURES. and artier documents to be entered Agreement, agreements ancillary to this Agre e into in connection with this Agreement will be considered signed nw II beg netted of n all party is delivered by facsimile transmission. Such facsimile rPSeects 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 trurchase order, or notice to proceed, the provisions of this Agreement will govern a con 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 act b civil oem lid due to fi r'i , flood, explosion, war, terrorist act, embargo, government , then the the natural elements, or other similar causes beyond tion of e it' hen party tlo the other. Agreement will immediately terminate without obligation 24. ENTIRE AGREEMENT. This Agreement and its one attachm mac tenti utes h t sole agreement between CONTRACTOR and CITY respecting ______ extent that there are additional terms and conditions containe as d fully hibiforth abo ere There conflict with this Agreement, those terms are incorporated are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Jeff Stewart, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Taxpayer ID No. By: Karl H. Berger, Assistant City Attorney Page 7 of 6 3647. • • i City of El Segundo PUBLIC WORKS DEPARTMENT GENERAL SERVICES DIVISION 150 ILLINOIS STREET EL SEGUNDO, CA 90245 TELEPHONE: (310) 524 -2709 FACSIMILE: (310) 414 -0911 August 23, 2006 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HVAC MAINTENANCE FOR CITY BUILDINGS IFB NO. 06 -08 ATTENTION BIDDERS: The following additions, modifications, and clarifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: See Page No. 2 - 4 As evidence that the Bidder has read this addendum, the Bidder must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to acknowledge this Addendum may cause rejection of bid. Enclosure Signature of Bidder Date Page 1 of 4.. W 3647. Maintenance Facility Existing Air Conditioning Systems Replacement 150 Illinois Street El Segundo, CA 90245 BACKGROUND The Air Conditioning systems at the Maintenance Facility at 150 Illinois Street, El Segundo, CA 90245 are nearly 23 years old and have served the facility well. But, time has taken its toll and technology has moved forward. The office system has a Honeywell Rapidzone installed for six zones. Both the Lunch Room and the Front Office are five ton cooling with up flow furnaces. The Locker Room is an up flow furnace for heat and ventilation. All three systems have a heating coil incorporated in their return air to use the solar heating system. SCOPE OF WORK Remove and dispose of the three heating and air conditioning systems located in the mechanical room and roof of the office. Remove all related duct work within the mechanical room to the inside wall as required, including the solar heating coils. The solar heating storage tank and related piping will remain. Only remove the piping from the heating coils to the pump and cap at the pump. All related electrical and control systems for the hot water coils will be removed, secured and disposed. After the contractor has removed all of the related equipment and systems the room must be thoroughly cleaned. Once the room is thoroughly cleaned the process of replacing the Air Conditioning may begin. Note: the existing Rapidzone system will be reused and reinstalled in the new office system. The Roof mounted equipment and piping will be removed and disposed. Remove and rebuild new equipment platform using sound absorbing insulation with a Stainless Steel sheet metal cap to accommodate the new larger equipment. Properly seal the platform to the roof conforming to industry standards. Note: Roof is under a maintenance contract with Tremco Roofing. The City will contact Tremco Roofing to coordinate the process with the successful contractor (at the Cities expense). All peripheral system components will be replaced with new, highest quality, components (i.e., electrical disconnects, conduit, switches, time clocks, refrigerant piping, vent pipe, etc.) The new Air Conditioning system will be of the highest quality and highest efficiency rating available. Page 2 of 4 3647. -� The contractor will coordinate with Southern California Edison in order for the City of El Segundo to receive any and all rebates offered by Southern California Edison and the California Energy Commission. PERFORMANCE OF WORK BY CONTRACTOR 1. Provide necessary City permits as required. 2. Recover refrigerant and dispose of to EPA standards. 3. Remove and dispose of the existing FAU's, A — Coils, Condensing units, and related refrigerant lines. 4. Remove existing duct work and Solar Hot Water coils in mechanical room. 5. Remove all S.H.W. piping and cap at the pump. 6. Contractor will furnish and install three (3), new five -ton forced air heating /cooling units, two (2), new cased A coils, and two (2), new five -ton condensing units. 7. The heating units will be 90% AFUE or above. 8. The cooling system will be fifteen (15) SEER or above with R410 refrigerant. 9. New Copper ACR refrigerant piping will be 1 1/8" suction and 5/8" liquid, or as required for the highest possible SEER with 3/4" insulation coated for outdoor use. 10. Fabricate and install new equipment platform for outdoor units per above spec. 11. Install all new sheet -metal duct work in the Mechanical room meeting ASHRAE Standards. Interior duct insulation required. Update and reconnect to existing duct systems. 12. Update and reuse Honeywell Rapid Zone system on A/C system for office area. 13. Provide new electrical switches, controls, and new disconnects for new equipment as required. 14. Reconnect gas, controls, and proper venting as required. 15. Contractor will clean up job site, Check, Test, and Start Up new systems to Factory specifications. 16. Air Balance systems to meet building requirements. INCLUSIONS: • All require shop fabrication (insulated) ducting. • All labor and materials for a complete installation. • All necessary straight time labor, materials, tax, rigging, trucking, and disposal. EXCLUSIONS: • Weekend or overtime labor required. • Updates to roof structural integrity to meet requirements if required. CITY WILL PROVIDE: • Bin for disposal of any or all scrape metal, and trash. Page 3 of 4 3647.,,E SYSTEM SPECIFICATIONS: Lennox International Inc. (Air Conditioning equipment or equal). Three (3) — 88,000 BTU Nat. gas furnaces / 5ton cooling Model # G51 MP -60C -090 Two (2) — Five -ton Condensing units — 410A refrigerant Model # SSB- 060 -H4 Two (2) — Five -ton Cased Indoor Coils — with 410A thermostatic expansion valve Model # CX34 -060 TOTAL PRICE For replacement of the Maintenance Facility HVAC System: $ `-_7 Q " (Enter total price in IFB 06 -08 BID SHEET Section B. Item 10.) Page 4 of 4 3647 , PUBLIC WORKS DEPARTMENT GENERAL SERVICES DIVISION 150 ILLINOIS STREET EL SEGUNDO, CA 90245 TELEPHONE: (310) 524 -2709 FACSIMILE: (310) 414 -0911 August 23, 2006 ADDENDUM NO. 2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HVAC MAINTENANCE FOR CITY BUILDINGS IFB NO. 06 -08 ATTENTION BIDDERS: The following additions, modifications, and clarifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: The Variable Speed Drives as identified in the Equipment List By Building will not be part of the responsibility of this contract. Those buildings were identified as the Police Department and the City Library. The City Hall A/C units MZ -2 and MZ -3 do have Variable Speed Drives for the condenser fan motors, they will be part of this contract. As evidence that the Bidder has read this addendum, the Bidder must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to acknowledge this Addendum may cause rejection of bid. Signature of Bidder Date 3647 _..j ACCO Engineered Systems - Company Profile & Qualifications Corporate Information • Years in Business: 72 • ACCO has been incorporated in California since 1950. • Current number of employees: 1680 • Federal tax I.D. number: 95- 1625123 • Corporate officers: John Aversano, President, Chief Executive Officer Ronald Krassensky, Executive Vice President Peter H. Narbonne, Senior Vice President, Engineering & Operations Charles K. Richter, Senior Vice President, - Project Management — So. California & Seattle Robert P. Vlick, Senior Vice President, Special Projects Kenneth B. Westphal, Senior Vice President, Building Services Division Richard D. Yates, Senior Vice President, Project Management - Northern California Milton L. Goodman, Vice President, Construction Robert T. Hammond, Vice President, Project Management Jeffrey R. Marrs, Vice President, Project Management - Los Angeles Steven J. Smith, Vice President, Building Services Division Core Services John G. Petersen, Chief Financial Officer Robert A. Brown, Treasurer Roberta R. Kessler, Corporate Secretary Office Locations Corporate Office 6265 San Fernando Road Glendale, CA 91201 -2214 Orange County 2895 East Edinger Ave. Tustin, CA 92121 -2433 ACCO also has office locations in Baldwin Park, San Diego, Bakersfield, Fresno, San Leandro, Sacramento, and the Seattle Area. License Information California Contractors License number: 120696 Expires: 12/31/07 (Copy of license is attached) Classifications: C4, C20, C36, C38, CIO, ASBB; Universal certification for refrigerant recovery. City of El Segundo IFB No. 06 -08, ACCO Company Profile & Qualifications Page 1 of 4 fJ 3647•,. Union Affiliations Pipe fitters Local 250 — July 1, 2008 contract expiration Sheet metal Local 105 — July 1, 2007 contract expiration Bidder point -of- contact For the purpose of this bid, the contact is: Mark Memstein ACCO Engineered Systems 6265 San Fernando Road Glendale, CA 91201 -2214 mmeinstein@accoes.com cell: 818- 268 -9360 office: 818- 244 -6571 If ACCO is awarded the HVAC maintenance contract, your primary contact at ACCO will be Ed Stevens, the Senior Project Manager who will be responsible for your account. COMPANY BACKGROUND & QUALIFICATIONS ACCO is well qualified to provide the high level of HVAC service required by the City of El Segundo. We have complete capabilities in all areas related to building environmental conditioning, from the initial design and engineering phase, to new construction or retrofit installation, to the long -term maintenance and protection of mechanical systems. For over 70 years, customers in California have chosen ACCO Engineered Systems as their air conditioning company for over 25,000 mechanical systems. Our maintenance services have helped our customers to: • provide proper environmental conditions for customers, employees, and critical equipment • protect their HVAC equipment assets • reduce energy costs • reduce the cost of repeat service calls due to "resolved" air conditioning issues ACCO has complete in -house departments focused on the areas of water treatment, controls, engineering and design, sheet metal, and piping. Our in -house capabilities allow ACCO to serve customers without the frequent need to hire subcontractors (for water treatment as an example). As a result, we will help you avoid problems related to the work of subcontractors that may not measure up to quality standards sought through this bid process. ACCO is signatory to labor agreements with the Sheet Metal Workers International Association, United Association of Steam Fitters and Pipe Fitters, Electricians, and Teamsters unions, insuring a work force consisting of the highest qualified craftsmen throughout the United States. City of El Segundo IFB No. 06 -08, ACCO Company Profile & Qualifications Page 2 of 4 3647 -,.J Additionally, ACCO has recently been designated as STAR qualified by the Mechanical Service Contractors of America (MSCA). The association's initiative of excellence requires contractors to surpass stringent business and HVAC service standards set forth by MSCA. As verified by the association, the STAR contractor must employ the best trained and most qualified workforce, maintain a safety record above the industry average, offer outstanding customer service and focus on continuing education and training for all employees. Administration and Management Ed Stevens, Senior Project Manager for ACCO Service, will be your personal representative within the company for any needs you may have. Ed serves customers based primarily in the Long Beach and South Bay areas, and has an office in Tustin. The majority of support services such as accounting, records, purchasing, operations management, and service dispatch will be provided from our headquarters office in Glendale. Ed will work closely with both our field technical staff and key contacts in your organization, while staying current with the mechanical systems at your facilities. ACCO Project Managers help to ensure that important HVAC issues are communicated promptly, and that proper solutions are implemented, keeping both cost- effectiveness and quality in mind. ACCO has for many years utilized computer -based maintenance programs to improve the process of delivering effective HVAC maintenance services to our customers, on a timely basis according to a planned schedule. Currently, ACCO successfully maintains equipment for nearly 3800 customers at over 9000 sites. In the summer of 2005, we successfully implemented a company -wide conversion to a new service and maintenance program called Wennsoft. The system shares many of the benefits of our previous system in terms of equipment maintenance scheduling and automatic maintenance work - ticket generation. Additionally, the system has customer access features that we intend to implement later next year. The system will enable customers to securely access account information via the Internet. ACCO customers will be able to check information such as current account balances and payments due or received, track the status of maintenance and repair activities, and perform other functions currently under development. Localized Service Coverage and Quality Control While our geographic span includes Southern, Northern and Central California, what is most important to our customers is that our service technicians are segmented into several local regions within Southern California so we are ready to meet your needs in the case of emergencies. ACCO has a crew of ten service technicians dedicated to serving customers in the South Bay area. Additionally, we are able to dispatch technicians from neighboring service zones if needed to meet emergency needs. ACCO will have a service technician at your site within 2 hours of your call during normal business hours, and 4 hours (or frequently less) during off hours. ACCO's service department can be reached 24/7 using our toll -free number. For each ACCO maintenance account, we typically assign a primary and secondary technician to provide maintenance services. This helps us respond to service calls with technicians who are familiar with your account. Our localized service crews and leadership enable ACCO to meet your need for high quality of service as well as response time. The technicians serving the South Bay are led by our Area Supervisor, Joe Bucci, who is also dedicated to your geographic area. ACCO area supervisors are City of El Segundo IFB No. 06-08, ACCO Company Profile & Qualifications Page 3 of 4 3647. responsible for seeing that customers receive the high quality of workmanship that they expect from a premier HVAC service company, Our supervisors work to achieve this goal through Proper recruiting, continued training and education for their crew, and frequent site visits during and at the completion of our service and repair work. Financial Capability ACCO has the financial capability to provide the HVAC services as specified in this IFB. Please see our Financial Statements attached. ACCO References for Retrofit Projects, Maintenance Service & Repair (Supplement to Pages 7 -8 of the IFB form) The table below describes several ACCO customer accounts with HVAC equipment similar to the systems at your facilities. Please feel free to contact any of the references listed. an /Address Office Properties Contact/Phone Wayne Alldredge Descri don of work/ T of ui ment rEquity S. Hope St., Ste. 2200 (213) 438 -4619 HVAC preventive maintenance service at several buildings. Multiple Angeles, CA 90071 projects including repairs, systems modifications, tenant improvement, and retrofit installations. Various types of equipment including air- cooled chillers, small to large tonnage City of Glendale 120 N. Isabel John Hickman acka ed equipment air compressors, Police Dept: Repair to screw chillers (500 ton), Glendale, CA 91206 Department of Public Works commissioning and air balance of HVAC systems. (818 548 -3970 Energy retrofit projects at various city buildings. City Burbank 124 S. . Lake Street Bob Van Hazelen HVAC preventive maintenance at city buildings, Burbank CA 91502 , Public Works Department p Many types of equipment including 115 -ton air- (818) 238 -3838 cooled chiller, small to large tonnage (50 -75 ton) packaged equipment, and control air compressors. City of Los Angeles I I 1 E. First St., Rm. 512 Mark Carreon (213) 847 -0628 Various HVAC system retrofit and repair projects. Los Angeles, CA 90012 Equipment includes 1200 ton chiller, large tonnage (70 &100 ton) rooftop packaged units. Western Federal Credit on 14500 Aviation Blvd. Mike Klein Preventive maintenance at several facilities. Manhattan Beach, CA 90267 (310) 536 -5392 Includes rooftop g p packs ed units 30 -50 ton), split air conditioning systems, boilers, and control air The California Endowment 1000 N. Alameda St. Mr. David A. Bevan com ressors. Preventive maintenance at Southern California Los Angeles, CA 90012 Director of Facilities 213- 928 -8800 Headquarters. Includes large (250+ tons) and small chillers, boilers, and central plant equipment. Computer room and split air conditioning systems, & water treatment. City of El Segundo IFB No. 06 -08, ACCO Company Profile & Qualifications Page 4 of 4 3647 . , , 9. engineered systems Ed A. Stevens Senior Project Manager Education & Professional Training 1979 -1983 Bakersfield College Sheetmetal Apprenticeship /Journeyman Certification Solar Heating Design Certificate Test & Balance Certificate 1982 Antelope Valley College AA Degree 1983 Antelope Valley College AS Degree in Engineering Technology 1985 California Polytechnic State University, Pomona BS Degree in Mechanical Engineering 1985 -1993 Johnson Controls Institute, Milwaukee HVAC & DDC Controls Engineering Certificates Fire /Life - Safety Systems Engineering Certificate Multiple Projects Management Certificate Work Experience 1977-1984 Circulating Air, Inc. Lancaster & North Hollywood, CA Apprentice & Journeyman Sheetmetal Worker Refrigeration Service Technician 1985— 1993 Johnson Controls, Inc. Rancho Dominguez & Ventura, CA Engineer / Project Manager / Branch Manager 1993— 1994 CardKey Systems, Inc. Simi Valley, CA New Product Test -Site Project Manager 1994 — Present ACCO Engineered Systems Glendale & Tustin, CA Service Sales Engineer /Senior Project Manager 47. engineered s sytems Tom Reynolds - Sales Manager Education & Professional Training 1978 Long Beach City College AS Degree in Air Conditioning & Refrigeration 1983 Carrier Tech I and Tech II Certificate 1985— 1997 Air Conditioning & Refrigeration Training Center Journeyman Certification Classes 1995 Bakersfield College Business Management Certificate 1997 University of San Diego Vocational Teaching Certificate 1997 Carrier Centrifugal Lecture Certificate Work Experience 1977— 1982 Scott Refrigeration Orange, CA Apprentice / Trainee 1982— 1984 Alpine Air Conditioning North Hollywood, CA Journeyman 1984— 1988 ACCO Engineered Systems Glendale, CA Certified Journeyman 1988-1990 ACCO Engineered Systems Glendale, CA Quality Control Supervisor 1990-1996 ACCO Engineered Systems Central California Area Supervisor 1997— 2004 ACCO Engineered Systems Glendale, CA Service Manager 2004 — present ACCO Engineered Systems Glendale, CA Southern California Sales Manager Professional Experience 1997 — Present Air Conditioning & Refrigeration Training Center Los Angeles, CA Apprentice Teacher 3647.:. m systems ed Mike Duncan Service Manager Education & Professional Training 1983-1985 L. A. Valley College Air Conditioning & Refrigeration Certificate Work Experience 1984-1989 ADS Mechanical Van Nuys, CA Stationary Engineer 1989-1991 Magic Aire Northridge, CA Service Mechanic 1991-1997 Ressac Air Conditioning Glendale, CA Journeyman 1997-2001 ACCO Engineered Systems Glendale, CA Journeyman 2001 —2002 ACCO Engineered Systems Glendale, CA Field .Support Foreman 2002— 2004 ACCO Engineered Systems Glendale, CA Area Supervisor 2004 — present ACCO Engineered Systems Glendale, CA Southern California Service Manager Joe Bucci Area Supervisor - South Bay Area Education & Professional Training 1980-1981 Harbor Occupational Center Air Conditioning & Refrigeration Certificate 1997 Trane Large Rooftops 1 & 2 2000 MSCA Management Training 2000 Lockinvar Boiler Training 2002 Raypak Boiler Training 2003 Carrier VVT 1996 —2003 8 Years of Journeyman Certification Classes Air Conditioning & Refrigeration Training Center Work Experience 1979-1980 Boston Bay Fisheries Port Lincoln, South Australia Assistant to Assistant Engineer /Deck Hand 1981 — 1984 Arctic Air Conditioning Gardena, CA Route Mechanic 1984-1986 A & A Heating & Air Conditioning Inglewood, CA Route Mechanic 1986-1987 State Fish Company Wilmington, CA Plant Engineer 1987— 1988 South Bay Heating & Air Conditioning Wilmington, CA Route Mechanic, Foreman 1988— 1989 Arrow Refrigeration Long Beach, CA Journeyman Route Mechanic 1989-1995 Signal Mechanical Signal Hill, CA Journeyman Route Mechanic, Area Supervisor, Quality Control Manager 1995 — Present ACCO Engineered Systems Glendale, CA Journeyman Floater Working Foreman Aran ,Cunprvivnr 3647 . , , `, 1 1 engineered 3647 . , 1,6i m engineered systems Joe Plante Water Treatment Supervisor Education & Professional Training 2004 Air Conditioning & Refrigeration Stationary Engineering Certificate Ongoing Continuous Local 250 Training Work Experience 1990-1993 U.S. Navy - Naval Station Norfolk, Virginia Machinist Mate 1993-2001 McMillan Water Treatment Van Nuys, CA Industrial Water Treatment Specialist 2001 — Present ACCO Engineered Systems Glendale, CA Water Treatment Supervisor UA Local 250 Journeyman 3647 • ,:0 m systems ed South Bay Area Service Technicians Qualifications and Experience Dennis Mendiha Local 250 — Certified Journeyman 26 years in the industry 16 years with ACCO Trane Certified Carrier Certified WT Certified Levi White Local 250 — Certified Journeyman Completed Local 250 5 -year Apprenticeship Program 6 years with ACCO Trane Certified Intellipak Certified Voyager Certified Mike Martin Local 250 Journeyman 18 years in the industry 3 years with ACCO Trane Certified Carrier Certified UA Star Certified State Of California 3647 fk= CONTRACTORS STATE LICENSE BOARD " Gnucuumr ACTIVE LICENSE ? s Affairs �7 . 120696 CORP ACCO ENGINEERED SYSTEMS,INC r�:�r•r C -4 C20 C36 C38 C10 ASB B I&OV "`� °'• 12/31/2007 !Any change of business address /name must be reported to the Registrar wilf1h 80 days. This license Is not Iransferrablo, and shag be returned to IIw Registrar upon demand when suspended, rwokod, or Invalidated for any mason. This pedal card Is valid through the expiration date only. If bund, drop In any mailbox. Postage guaranteed by: Contractors Slate License Board P.O. Box 26000 Sacramento, CAA X26 Ucensse Signature i engineered quems ACCO ENGINEERED SYSTEMS, INC. INDEPENDENT AUDITOR'S REPORT AND CONSOLIDATED FINANCIAL STATEMENTS SEPTEMBER 30, 2005 3647. ,J MOSS -ADAMS LLP mr* C:ERTIFIF0 PUBLIC ACCOUNTANTS DWEPENDENT AUDITOR'S REPORT The Bond of Directors ACCO Engauered Systems, Inc. 3647 . , We have audited the balance sheet of ACCO Engineered Systems, Inc, and subsidiaries as of September 30, 2005, and the related oonsolidated statements of income, stockholders' equity, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management Our m pona;bilrty is to express an ophdon on these financial statements based on our audit. The financial statements of ACCO Engineered Systems, Inc. and subsidiaries as of September 30, 2004, were audited by other auditors whose report dated December 3, 2004, expressed an unqualified opinion on those statements. We conducted our audit in accordance with anditing standards generally accepted in the United State of America. Those standards require that we pin and perform the audit to obtain reasonable assurance about whether the financial statements are free of nuterW misstatement. An audit includes emw*dng, on a teat basis, evidence supporting the "Mints and disclosures in the financial statements. An audit alm incheda assessing the accounting principles used mW significant estimates made by management, as well as evaluating the overall fimm al statemet t presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the consolidated financial statements refereed to above preset fairly, in all mater W respects, the finanacial position of ACCO Engineered Systems, Inc. and subsidiaries as of September 30, 2005, and the reaulb of its operations and its cash flows for the year then ended in conformity with accoutering pnnciples generally accepted in the United States of America. Irvine, California December 1, 2005 A iw nW, nl Mrnr�s RZY and mr., mini•.il ar maoc.?hon of .ndappnrlrnl acrd I no hens Ihiaupl-ow "'n w 10 3647. ACCO ENGII+i MM SYSTEMS, INC. AND SUBSIDIARIES Consolidated Balance Sheets September 30, 2005 and 2004 Assets 2003 2004 Current assets: Cash and cash equivalents S 2,261,040 6,347,970 Accounts rwmvable, less allw anae for doubdW accounts of 52,952,700 in 2005 and $2,916,800 in 2004 105,304,920 87,809,019 Coati and estimated esmed groan profit an uncompleted contracts in excess of progress billings 24,207,859 19,489,150 supply inventories 1,631,284 1,938,403 Prepaid � 996,646 457,176 faired 8,416,695 8,193,287 Total currant assets 142,818,444 124,235,003 Property and equipment, at cost Land 4,585,030 485,030 11uildin8s ad Wits 31,516,191 31,804,866 Equipment 32,780,218 29,893A3 68,881,439 66,283,159 Len accornulated depreciation and amoetlestion 30,154,287 27,291,876 Property and equipment, net 38,727,152 38,991,283 Other assets, at cat 1,862,542 1,722,567 S 183.408,138 164,948,855 Lis Mss and Sioeltboldera' Equity Current liabilities: Accounts payable and accrued awwas S 51,110,197 50,618,258 Propas billinp an uncamplesed contracts in excess of costa and estimaed earned gross profit 21,562,167 16,319,269 Corent maturities of long -tam debt 2,545,722 2,690,963 Current portion of capital leases 1,501,346 1,599,252 Inoonne taxes payable 1,893,207 954,047 Total current liabffides 78,612,639 72,181,789 Note payable to bank Lail -term debt, less current maturities 11,2%9 rn 17,292,216 5,000,000 19,788,375 Capital leases, less ctnrad portion 2,932,458 2,529,027 Deferred tax liabilities 2,436,716 1,547,8% Total liabilities 112,04,001 101 047,087 Stockholders' equity: Common stock no par value. Authorised 1,700,000 shares; issued and Outstanding 678,400 shares in 2005 and 684,400 shares in 2004 10,942,134 9,779,817 Reim CBs 59,962,004 54,121,951 Total stockholders' equity 70,904,138 63,901,768 S 183,408,138 164,948,855 See accompanying noon to consolidated SnancW vumuwntL ACCO ENGINEERED SYSTEMS, INC. AND StTBSIDMM Consolidated Statements of Income Years ceded September 30, 2005 and 2004 Revenues Cost of revenues earned Gross profit Operating expenses Selling Administrative Intes+est Operating profit Other income Income befom income taxes Income taxes Net income See accompanying notes to consolidated financial statements. 3 3647•,. 2003 2004 $ 360,437,279 321,159,201 302,613,458 272,209,122 57, 823,821 48,950,079 16,712,400 26,247,021 1,283,899 44,245,320 13,578,501 420,461 13,998,962 5,949,713 8,049,249 13,168,482 24,218,207 1,133,927 38,520,616 10,429,463 76,025 10,505,488 4,072,175 6,433,313 3647 • .`.` City of El Segundo, Public Works Department Invitation for Bid HVAC Maintenance for City Buildings IFB No. 06 -08 11. BID GUARANTEE BID BOND HVAC Maintenance for City Buildings IFB No. 06 -08 KNOW ALL MEN BY THESE PRESENTS that ACCO Engineered Systems as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of the bid amount DOLLARS ($ 10% ), which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER Is about to submit a bid to the City of El Segundo for the above stated project, tf said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER In the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 24th day of August , 20 06 BIDDEN* SURETY* Fidelity and Deposit Company ny of Maryland Clarice 4ee, Arlorney In Fact Subscribed and sworn to this _ day of 20 NOTARY PUBLIC SEE ATTACHED NOTARY ACKNOWLEDGMENT Provide BIDDERISURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. ACCO Engineered Systems Fidelity and Deposit Company of Maryland 6265 San Fernando Rd 801 N. Brand Blvd. Glendale, CA 91201 Glendale, CA 91203 Page 4 of 17 3647...1. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me, _Joyce Herrin Notary Public, personally appeared Clarice Lee personally known to me name(s) is /are subscribed to the to be the person(s) whose e within instrument and acknowledged to me that die /she /they executed the same in #is /her /theif authorized capacity(ies), and that by #is /her /tge+r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Y ' oyc Herrin r 3647 . 0 6 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s appoint Clarice LEE, of Los Angeles, California, its true and lawful a naa constitute and deliver, for, and on its behalf as sure n -F make, execute, seal and surety, and as its act and dee s and the execution of such bonds or undertakings in pursuance of these nrr ° in any, as fully and amply, to all intents and purposes, as if they had been ��tU,}_ ac gularly elected officers of the Company at its office in Baltimore, Md., in t13ei>1��pers ° attomey revokes that issued on behalf of Clarice LEE, dated June 21 . � v n (� The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- any, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of March, A.D. 2003. ATTEST: a .r e y l s � Wni State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. By. L. Goucher Assistant Secretary Paul C. Rogers Vice President On this 25th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -3265D P&WO'.? mjju- IJL' t-� WKT Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 s EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND : "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of =' (� �1. L�A Assistant Secretary California Business Search Page 1 of 1 3647.) cam=& i RokmW DISCLAIMER: The information displayed here is current as of SEP 15, 2006 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation ACCO ENGINEERED SYSTEMS, INC. Number: CO246091 Date Filed: 675/1950 Status: active Jurisdiction: California Address 6265 SAN FERNANDO RD GLENDALE, CA 91201 Agent for Service of Process ROBERTA KESSLER 6265 SAN FERNANDO RD GLENDALE, CA 91201 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: // kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= CO246091 &printer =yes 9/20/2006