CONTRACT 5645 Maintenance and Repair Agreement CLOSED DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
MAINTENANCE,REPAIR AND SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
SIEMENS INDUSTRY, INC.
THIS MAINTENANCE, REPAIR AND SERVICES AGREEMENT ("Agreement") is
made and entered into this 16th day of January, 2019, by and between the CITY OF EL
SEGUNDO, a general law city and municipal corporation ("CITY") and SIEMENS INDUSTRY,
INC., a California corporation ("CONTRACTOR"). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services an amount not to exceed a total of $45,000 for the
term of the agreement. CITY will pay for work on the basis of the hourly rates and
cost reimbursement rates as specified in the attached Exhibit "A", which is
incorporated by reference.
2. TERM. The term of this Agreement will be from February 1, 2019 to January 31, 2020.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
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.
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
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
11�s://\v\vw.dir.c�i.L)ov/f)l.,SR/1'W[). 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.
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to each
worker employed in connection with this Agreement. The record will be kept
open at all reasonable hours to the inspection of the body awarding the contract
and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. In the event the total amount paid to CONTRACTOR pursuant to this Agreement
exceeds $50,000, any further amendment must be approved by the City Council in
accordance with ESMC § 1-7C-4.
6. 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.
R 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.
7. 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 o'f Insurance Limits (combined sinale)
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
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, or equivalent. 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.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 7 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.
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty(30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
10. 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. 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.
11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
manner in which it is performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
12. 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: Jorge Prado
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR: Tom Murray
Siemens
6141 Katella Avenue
Cypress, CA 90630
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.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. 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.
15. 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.
16. 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
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
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.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
18. 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.
19. 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.
20. AUTHORITY/MODIFICATION. 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. Any amendment
that causes the total amount of this Agreement to exceed $50,000 must be approved by the City
Council in accordance with ESMC § 1-7C-4.
21. ACCEPTANCE OF ELECTRONIC 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 electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature
will be treated in all respects as having the same effect as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its exhibits, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
24. 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.
25. ENTIRE AGREEMENT. This Agreement and its exhibit(s) constitutes the sole agreement
between CONTRACTOR and CITY respecting the services described in scope of work. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
[SIGNATURES ON FOLLOWING PAGE]
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DocuSign Envelope ID:A5F4413A-93CD-4535-9FE1-OAE742F407CB Agreement No. 5645
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO SIEMENS INDUSTRY, INC
a ge a� 1a% city.
ars te,r�, By..j._..
slick
1
13 1
Ci Managei- Its: sales manager
14
4A'1-"'IF7 S T:
13-2762488
Taxpayer ID No.—
TT v
r cy Weaver,
City Clerk 4466951.3
Contractor State License
Contractor City Business
758796
License No.
APPROVI-.'D AS TO FORM: DocuSigned by:
62C3rFF15FAF49A,
Dirk Glaser, Director of Finance
INVI'l;1-k?D�. Hensley,
City Attorney
Insurance Reviewed by:�,44rfl:�- 67 1 ;O
(S a
Page 8 of 8
Agreement No. 5645
EXHIBIT A
SIEMENS
11-9. "ill/-ForU
PROPOSAL
Service Agreement Renewal for City of EI Segundo 2600049895 (Agreement No. 26158)
PREPARED BY
Siemens Industry Inc. Building Technologies Division
Building Automation Team
PREPARED FOR
City of EI Segundo - Facilities Management Division
DELIVERED ON
December 21, 2018
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Agreement No. 5645
SIEMENS
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Table of Contents
INTRODUCTION ......................................................................................................... 1
CoverSheet........................................................................ 1
Service Agreement Renewal Letter--..... 3
ProposalInformation ........................... ................................................,......4
CUSTOMEROVERVIEW...............................................................................................4
ExecutiveSummary ..........................................................................................4
Siemens Capabilities & Customer Commitment ................................................. 5
SERVICESOLUTION.................................................................................................... 5
Building Automation Services Provided ............................................................. 5
List of Maintained Equipment ........................................................................... 9
SERVICE IMPLEMENTATION PLAN ............................................................................... 9
Connectivity..................................................................................................... 9
Service Agreement Contract Characteristics—, ........... 10
Communications ............................................... ....,,.........,.......,..,...,........ 11
ServiceTeam ................................................. ...... ............................... 12
TERMS AND CONDITIONS ........................................................................................ 12
Termsand Conditions..................................................... .............................. 12
Agreement Terms for Investments .................................................................. 13
SignaturePage........................................................................................................ 14
SignaturePage ............................................................................................... 14
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Agreement No. 5645
SIEMENS
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Service Agreement Renewal Letter
In the following pages, please find the renewal information for your renewal service
agreement 2600049895.
Siemens is pleased to provide the following renewal however, some of your Software Support and
Updates are no longer be supported due to the fact the Insight workstation, which has been an integral
component to your Apogee building automation system, has been in existence since 1998 and has
reached its end of life.
Our new workstation, Desigo CC has been designed and developed based upon customer demands for
easier to use, smarter, more robust, and more adaptable. We will need to setup a time to put together a
5-year plan to migrate your system so you can plan and budget to upgrade your facility to this innovative
and powerful new system.
True to our tradition of Forward and Backward compatibility, our upgrade solution will utilize much of
your existing Apogee infrastructure, thus minimizing downtime and unnecessary capital expense. Our
Fast Forward migration strategy leverages much of your current Apogee system hardware, eliminating
the need to replace field end devices or wiring.The Fast Forward strategy allows us to provide you with a
cost effective and efficient means to upgrade your system.
After completing your review and acceptance, you can download a copy for your records and send it back
to me. As always, if you have any questions, or if I can be of further assistance, please don't hesitate to
call me at(657) 465-0743.
Sincerely,
Vincent Makuch
Siemens Industry Inc.
Building Technologies Division
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Agreement No. 5645
SIEMENS
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Proposal Information
• Date: December 21, 2018
• Proposal #: 3215577
• Sales Executive:Vincent Makuch
• Branch Address: 6141 Katella Ave, Cypress, CA 90630
• Telephone: (657) 465-0743
• Email Address: vincent.makuch@siemens.com
• Customer Internal Agreement No. 2615B
• Customer: City of EI Segundo
• Customer Contact: Ron Farjardo
• Telephone: (310) 524-2715
• Email Address: rfarjardo@elsegundo.org
The following locations will receive Annual & Bi-Monthly visits:
• Facility 01: City Hall - 350 Main Street, EI Segundo, CA 90245
• Facility 02: Police Dept. - 348 Main Street, EI Segundo, CA 90245
• Facility 03: Fire Dept. - 314 Main Street, EI Segundo, CA 90245
• Facility 04: Fire Dept. - 2261 East Mariposa Ave, EI Segundo, CA 90245
• Facility 05: Library- 1 1 1 West Mariposa Ave, EI Segundo, CA 90245
• Facility 06: Maintenance Facility- 150 Illinois Street, EI Segundo, CA 90245
Pricing for the next 5-years
• Year-1 $45,000.00
• Year-2 $46,350.00
• Year-3 $47,741.00
• Year-4 $49,174.00
• Year-5 $50,650.00
• Total $238,788.00
Executive Summary
You have made a significant investment in your facility and its complex technical systems which are
critical to the profitability and productivity of your overall business. This proposed service solution, our
Service Agreement, will proactively serve to protect that substantial investment through a program of
planned service tasks by our trained technical staff. This Service Agreement has services to support your
unique facility, and the services provided herein will help you in achieving your facility goals.
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Agreement No. 5645
SIEMENIS
�rn u i I r G
Siemens Capabilities & Customer Commitment
Siemens Industry, Inc. is a leading single-source provider of cost-effective facility performance solutions
for the comfort, life safety, security, energy efficiency and operation of some of the most technically
advanced buildings in the world. For more than 150 years, Siemens has built a culture of long-term
commitment to customers through innovation and technology. Siemens is a financially strong global
organization with a Branch network that delivers personalized service and support to customers in
multiple industries and locations. References are available upon request.
Building Automation Services Provided
Siemens will provide the following services
Preventive Maintenance-Automation/Mechanical
M Data Backup and Restore Services
• Software Maintenance
M Repair& Replacement
Operator Coaching
4 Education Services
Our Approach
Our Proven Outcomes Service Framework has three primary components.
Define
We work with you to understand your goals and strategies, and ultimately Key Performance Indicators
(KPI's). By establishing KPI's, we ensure that a service program is designed with them in mind, so the
expected results will be achieved and measured.
Deliver
We deliver services that are directly aligned with the expected outcomes (KPI's). This helps to ensure
that the services and tasks are aligned with your goals. In addition, we provide transparency to the
services as they are performed.
Demonstrate
We quantify performance against your KPI's and review this performance with you on
a quarterly basis. We also review any recommendations for improvement and establish next steps with
you. This keeps the services we provide relevant to your needs. The Proven Outcomes Service
Framework is a collaborative approach which ensures that we work together and ultimately help you
achieve organizational outcomes.
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Agreement No. 5645
SIEMIENS
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Services that deliver the outcomes you want to achieve.
Services delivered by Siemens use the Proven Outcomes service Three D approach to ensure satisfaction
and help you achieve the outcomes you expect.
The Siemens Building Automation Service Team is pleased to offer the following services:
Emergency Online/Phone Response
Monday through Sunday, 24 Hours per Day, System and software troubleshooting and diagnostics will
be provided remotely to enable faster response to emergency service requests and to reduce the costs
and disruptions of downtime. Siemens will respond within 2 hours, Monday through Sunday, 24
hours per day, including Holidays, upon receiving notification of an emergency, as determined by
your staff and Siemens. Where applicable, Siemens will furnish and install the necessary online service
technology to enable us to remotely access into your system, through a communications protocol
(internet connection or dedicated telephone line)that will be provided by the facility. Where remote
access is not available to the system, Siemens will provide phone support to your staff to assist in their
onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to resolve
the problem, a technician can be dispatched. Depending on your contract coverage, the on-site dispatch
will be covered or will be a billable service call. Up to 8 hours of POST is included.
Emergency On-site Response
Monday through Sunday, 24 Hours per Day, Emergency Onsite Response will be provided to reduce
the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide
this service between scheduled service calls and respond onsite at your facility within 4 hours for
critical emergencies conditions, as determined by your staff and Siemens, Monday through
Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Non-
emergency conditions, as determined by your staff and Siemens, may be incorporated into the next
scheduled service call.
Manage System Operation &Compliance
Preventive Maintenance—Automation
We will provide preventive maintenance in accordance with a program of routines as determined by
our experience, equipment application and location.The list of field panels and/or devices included
under this service are identified in the List of Maintained Equipment in this service
agreement. Automation controls can drift out of calibration with changes in HVAC component
performance characteristics, building use, and climatic conditions. This service will extend equipment
life, reduce energy consumption, and reduce the risk of costly and disruptive breakdowns.
Automation Service-6 times per year and Annual Maintenance on 9 VFD Drives
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Agreement No. 5645
SIEMENS
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Data Backup and Restore Services
Siemens will perform scheduled database backups of your workstation database and graphics and/or
field panel databases and provide safe storage of this critical business information. Should a
catastrophic event occur, we will respond onsite (or online if such service is included in this service
agreement) to reload the databases and system files from our stored backup copy, to restore your
operation as soon as possible. The equipment to be included as part of this service is itemized in the List
of Maintained Equipment in this service agreement.
Back-ups pulled twice a year
Software Maintenance
Using appropriate tools from Siemens'suite of diagnostic tools, we periodically perform
system diagnostics and then take corrective actions to ensure that the Building Automation System is
performing at peak efficiency or to customer requirements. We make sure that software changes are
clear and consistent, address any failed points, points in alarm, points in operator priority and take
corrective action. We identify and correct software corruption and inconsistencies; eliminate duplicate
points, redundant loops and causes of unnecessary traffic; and address unresolved points and alarm
reporting problems.This will ensure that the system operates quickly, accurately and efficiently as
originally designed and installed or as determined by current standards or requirements.
Repair& Replacement Services — Labor& Material
Repair& Replacement Services:To reduce the unexpected costs of unbudgeted repairs, Siemens
will provide the labor and material to repair or replace failed or worn components. Prior to beginning
any repair or replacement, Siemens will troubleshoot the system to diagnose your system's
problem. Components that are suspected of being faulty may be repaired or replaced in advance to
minimize the occurrence of system interruptions. Equipment covered under this agreement is itemized in
the List of Maintained Equipment, unless otherwise noted. Items not covered will be brought to the
owner's attention.
Optimize Performance& Productivity
Operator Coaching
Through our individual Operator Coaching, we will review and reinforce learned skills, leading to
greater operator knowledge and productivity. Siemens will assist your operators in identifying, verifying
and resolving problems found in executing tasks. During the coaching sessions, we can address log
book issues, assist your operators in becoming more self-sufficient, and improve the skills of your
operators to better meet the needs of your facility and their specificjob responsibilities.This will promote
better utilization of systems and applications implemented in your facility. Under this agreement we
shall provide coaching, which will be conducted on normal business days and hours, during scheduled
visits.
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Agreement No. 5645
SIEMENS
1&1% IA411 for(f_
Education Services — Delivered Onsite or Siemens Local Office
Delivered at Siemens Training Center:
Through Educational Services, your staff will learn how to take advantage of the latest technologies
available for your HVAC control system. This training will provide your staff with the knowledge they
need to perform their jobs and maintain the highest operating performance for your facility. This
knowledge will enable your staff to improve their skills in the use of your systems'features and
capabilities. Training will be provided at the local Siemens office, allowing the student to practice and
demonstrate skills required to operate building controls systems in a risk-free environment while away
from work pressures and interruptions.Through this agreement you will receive discounts on educational
services. Your discounted price for classes delivered at the Siemens branch will be $1,795 instead
of$1,995 gist n
Skills Assessment:
Through Educational Services, your staff will learn how to take advantage of the latest
technologies available for your building system. To properly provide the appropriate training to your
staff, Siemens will perform an assessment of the current skill level of your staff pertaining to their use of
the system within your facility. The results of this assessment will enable Siemens to recommend specific
training which will provide your staff with the knowledge they need to perform theirjobs and maintain
the highest operating performance for your facility. Under this agreement we shall provide the stated
number of hours of assessment time.
Page 8 of 14
Agreement No. 5645
k Ni r
List of Maintained Equipment
EQUIPIVENT SERVICE QUANTITY FREQUENCY
SUBCATEGORY EQUIPIVENT COVERAGE
Data Backup and Panel Back-Up 1 2 On-Site None
Restore Services
Data Backup and Insight Back Up 1 2 On-Site None
Restore Ser"fires
Preventative CRT&Keyboard 1 3 On-Site Maternal and LaWr
Mai ntena nce
PrevenWve Modem (General) 1 3 On-Site Material and Labor
Mai Mena nce
Preventative Laptop Harare 1 3 Or�Site Material and Labor
Mai ntena nce
System x:00 ALI,J F'LI^t Cosntro0er 1 3 On-Site NI;,terlal and Lab(y
Preven tive MBC 40 C"oller 2 2 On•Site Maiterial and Labor
Mai Mena nce
So wware Maintenance MBS:;40 Cc troller 2 1 On--Site None
Preventative MEC Controller 3 2 On-Site Material and Labor
Mai nterna nce
Software Maintenance MEC Controller 3 1 On-Site None
System 6W,ALN TEC-Electric 45 2 On-Site Material and Labor
OI"Apl.¢ts
System(3W ALN VFD SED-2 9 1 On-Site Maternal and Law
Feld Hardware Damper Actuator 45 2 On-Site Material and Labor
(Electric)
Temp. Outside Ar
Feld Hardware 3 2 On.-Site Maternal and Labor
R'TD, Platinum
Feld Hardware Temp' Room RTD, 66 2 On-Site Material and Labor
Platinum
Training Training 1 1 Remote None
Connectivity
A secure remote connection to your facility enables Siemens to respond quickly, and maintain a high
level of system up-time and performance. This is the way of the future and something that will be
discussed moving forward. Currently, Siemens does not have a secure VPN (also known as a cRSP)
connection.
Page 9of14
Agreement No. 5645
SIEMENS
1tnq. M4Y-fore fe
Siemens Remote Services for Building Technology (SRS)
Siemens Remote Service (SRS) is the efficient and comprehensive infrastructure for the complete
spectrum of equipment-related remote services. Services that formerly required on-site visits are now
available via data transfer. This includes rapid error identification as well as immediate remote repair.
But that's not all. By proactively monitoring your systems, we can detect parameter deviations before
problems occur. Siemens accesses your systems via a secure cRSP connection.
Data security as a basic requirement
We value confidentiality and long-term partnerships. That is why we give the security of your data the
highest priority. Before we implement an enhanced service package with remote support, we conduct an
in-depth analysis of the situation, taking into account national and international regulations, technical
infrastructures and industry specifics. Our service employees carefully evaluate your needs on an
individual basis with a view toward information security.
Service Agreement Contract Characteristics
.DESCRIPT10N AUTOWT10N
Hours of Coverage 24X 7
'Response Tires(Phoney"Online) 2 Hours
Resp ise Times(Cnsite�Pmergency) 4 Hours
Rent Services No
Third Party Systems No
Monitoring No
Labor Discount Service Contract Rates
Material DiscountSe-vice Contract Rates
*Labor and material costs for troubleshooting problems and repairing or replacing components are
handled separately. These costs can be billable or included within your Repair and Replacement
Coverage. See List of Maintained Equipment to view your current Repair and Replacement Coverage,.
Services rates are subject to change.
Page 10 of 14
Agreement No. 5645
SIEMENS
4k emu 41' -for UfV_
AlIales ser,current at of IW3 101 F&are wbod to thanip with or without notlipig-
VaCkyalElSopre1s,ele4glialabra
Service Contract Contract Construct Wore-contmel Worr Contract Nm-Contract
Customer curtuffireer Cristaffrair Customer Customer Cuslarner
Stardird Them Ovw Time Double Time SLandird Time Over Time DoublaTinne
Owurur Support: 1141 IWin I Hil halm I Hr Min 2 Hr Min 2HrIain Z Hr On
Modern or Phone S177MAr I WX CKPh( S300 001V S2114.00ft 5278,00ft $363 00hr
Automation 2 Hr in
2 F.Og Miin 2 Hu Min A Hr Mn 4 Hr Win 4 Hr Min
Oggi SolioceC9 5177.00ft $230 Oft 0014hr S2KOMw 5275, $363,00,Tir
2W I 2 R Miry 2 W Min 4 Hr Min 4 Hr Min 4 lir Min
Olr-&te.&Irivrx Cap $162.00 tr $210 1 $275 Oft SW7_00(hr S2619 OWT 5351 OMr
Electrician Installer 2H Win 2 Hr Mn 711 Min gHrMin 4 Hr Mn 4 When
On-su 54�rox C$ S128.001hr 5166.OJIdir $217-001hr $166,ODAV $215 OG'ff S282,Mlhr
Eledrical Ser*" 2Hr Win 2 Hir Mini 2 H?Min 4 Hr Min 4 H?Mn A Hr lgen
on-Salesce Cal $205 00,uhir 5266. etre $1348001st S253.00ft S329,OGW WOWqir
Fing 2 Hr Ran 2 Ht Me, 2H(MM A Hr Min 4 Hr Min 4 Hr Mn
OR_5rTeS&-*ACaO I $156.001hr SMOON $265,003V $20400itt 52MMU 5346,00,rhr
Security 4 Hr An 4 W Mn 4 Ki Min 4 Hg Min 4 Hr Min A Bir Min
O�Slw serricig Cal 5159,00,br S206,00ft $270-00ft $20240ihir $262,00TY S3410OW
Project Manager 1CSM 2 Hr Pan 2 Hi Min 2 W Mn .6 Hg Min 4 Hr Min A Hr On
OSft See-"Call 5215.00ft S215-00ft S215.001hr $2810it'll' $281 OQW 11 52131 OGrhr
For.On Site Trip 570'00 I Trip s?O 00"`rgio $70.001 Tic 1 $95,00.1 Trip MOO),Trip 595.00 d Trip
Oveirlinge rakes in irw table apply rDF calls on Saturdays as will as Monday frough F6d@V 4:DDVP-7:00arn,qM6.ft Holidays WuNis ergo apgalkis Oar SurAays and Holdais and n mrigi
amity on wLvirdals as%,91L
Communications
Siemens Service Portal
The Service Portal complements the personalized services you will receive from your local Siemens office
by providing greater visibility into equipment and services delivered by Siemens. This web-based portal
allows you the ability to confirm schedules, track repairs, manage agreements, generate reports, and
access critical information; then share it across your entire enterprise quickly and efficiently. The Service
Portal is a user-friendly way to increase your productivity and the value of your service program.
Page 11 of 14
Agreement No. 5645
SIEMENI
�h ui IrG-
Service Team
An important benefit of your Service Agreement derives from having the trained building service
personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation team of
local experts provides thorough, reliable service and scheduling for the support of your system.
The following list outlines the service team that will be assigned to the service agreement for your facility
Your Assigned Team of Service Professionals will include:
Vincent a c Account Executive—(657) 465-0743— r ,. Manages the
overall strategic service plan based upon your current and future service requirements.
Client Services Manager is responsible for ensuring that our contractual obligations are delivered, your
expectations are being met and you are satisfied with the delivery of our services.
Primary Service Specialist is responsible for performing the ongoing service of your system.
Secondary Service Specialist who will be familiarized with your building systems to provide in-depth
backup coverage.
Ben ee les Service Operations Manager is responsible for managing the delivery of your entire
support program and service requirements.
Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your
emergency situations by taking the appropriate action.
Terms and Conditions
The terms and conditions will not change from the previous service agreement.
Page 12 of 14
Agreement No. 5645
SIEMENS
/N9.e.1 L4 it y for e f e.
Agreement Terms for Investments
Services shall be provided at:
Facility 01: City Hall - 350 Main Street, EI Segundo, CA 90245
Facility 02: Police Dept. - 348 Main Street, EI Segundo, CA 90245
Facility 03: Fire Dept. - 314 Main Street, EI Segundo, CA 90245
Facility 04: Fire Dept. - 2261 East Mariposa Ave, EI Segundo, CA 90245
Facility 05: Library - 111 West Mariposa Ave, EI Segundo, CA 90245
Facility 06: Maintenance Facility - 150 Illinois Street, EI Segundo, CA 90245
Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the
associated terms and conditions contained within.
Duration (Initial Term and Renewal):This Agreement shall remain in effect for an Initial Term of 5
Periods beginning 2019-02-01. After the expiration of the Initial Term, this Agreement shall automatically
renew for successive one year periods. The Investments for each year after the Initial Term of the
Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior
year's Investment plus an escalator of 3%. In addition, each renewal term pricing shall be adjusted for
any additions or deletions to services selected for the renewal term.
Initial Term Investments:
Period Seh iPrice O rioO'R arlg 1311110g;Freqoency
1 $45,000.00* Feb 1,2019-Jan 31,2020 ANNUALLY
2 $46,368.00* Feb 1,2020-Jan 31,2021 ANNUALLY
3 $47,748.00* Feb 1,2021 -Jan 31,2022 ANNUALLY
4 $49,164.00* Feb 1,2022-Jan 31,2023 ANNUALLY
5 $50,508.00* Feb 1,2023-Jan 31,2024 ANNUALLY
*Amount Due In Advance Based On Billing Frequency
Applicable sales taxes are excluded from the Investments. The pricing quoted in this Proposal are firm for
30 days.
Page 13 of 14
Agreement No. 5645
SIEMENS
�ti ui rG�
Signature Page
The Buyer acknowledges that when accepted by the Buyer and accepted by Siemens Industry, Inc., this
Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other
documents incorporated into the forgoing) shall constitute the entire agreement of the parties with
respect to its subject matter.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT(S)HE HAS READ ALL OF THE TERMS AND
CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE
NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT(S)HE IS DULY
AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER.
Proposed by: Accepted by:
Siemens Industry Inc. CITY OF EL SEGUNDO
Company Company
VINCENT MAKUCH
Name Name (Printed)
3215577
Proposal # Signature
$238,788.00
Proposal Amount Title
December 21, 2018
Date Date
Purchase Order#
Page 14 of 14