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HomeMy WebLinkAboutACCO ENGINEERED SYSTEMS, INC. (3) A-2026-120-01 oaf 01 210 21a �lJf 2 5 2020 AGREEMENT WITH ACCO ENGINEERED SYSTEMS, INC. TO PROVIDE rn.ort��-(q 7 HVAC SERVICE,MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES THIS AGREEMENT is made and entered into on this 4th day of August, 2026 by and between ACCO Engineered Systems, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 30, 2026, the City issued Request for Proposals No. 26-021A, by which it sought Consultants to provide HVAC Service, Maintenance and Repairs at Various City Facilities on behalf of the City of Santa Ana's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-021A and attached as Exhibit A. C. Consultant was selected as one of three (3) vendors which qualified for this engagement. Only those consultants approved by the City Council shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis,and the City's sole discretion,Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three (3) consultants selected under RFP 26-021A. The total compensation for these services provided by all such consultants selected under RFP 26-021A shall not exceed the shared aggregate amount of One Million Eight Hundred Eighty-Two Thousand Nine Hundred Fifteen ($1,$$2,915) during the term of the Agreement, including any extension periods. Page I of 15 b. Payment by City shall be made within forty-five(45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to four (4), one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, ct seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of Page 2 of 15 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Insurance Requirements are attached hereto as Exhibit C and incorporated by reference. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel,and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United ,States' letters patent,trademark,or copyright infringement, including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Page 3 of 15 Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution. Page 4of15 d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d)and(c) above. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Consultant or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 5 of 15 Agreement performed by City personnel or by other Consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. FEDERAL REGULATIONS Contractor shall comply with all applicable contractual provisions required by the United States Office of Management and Budget(OMB), as set for the in 2 CRF Part 200,whether or not Page 6 of 15 expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding,anything to the contrary herein,including without limitation,the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes,shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Contractor shall not perform any act,fail to perform any act,or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. a. Federal Regulations—Recipient must comply with the government cost principles,uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12589, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit.Records—With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later,Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period,Recipient shall mare said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports—Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal finds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. Page 7 of 15 g. Political Activity--None of the fiends, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying---Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352,et seq.),and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity--Recipient will comply, and all its contractors (or subrecipients)will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice = Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity — Recipient will comply, and all its contractors (or subrecipients)will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order H375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code— Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 1.0295.3, as applicable. 1. Copeland "Anti-Kickback" Act — Recipient will comply, and all its contractors (or subrecipients)will comply,with all requirements of the Copeland"Anti-Kickback_"Act(40 U.S.C. 3145) as supplemented its Department of Labor regulations (29 CFR Part 3), as applicable. in. Davis-Bacon Act — Recipient will comply, and all its contractors (or subrecipients) will Page 8 of 15 comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety—Recipient will comply, and all its contractors (or subrecipients) will comply,with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act— 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. P. Energy and Conservation—Recipient will comply, and all its contractors(or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights—Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright -- Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts — Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as Page 9 of 15 amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract,the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion,sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion., or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion, sex,sexual orientation,gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 10 of 15 (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed. and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment—Recipient will comply, and all its contractors (or subrecipients)will comply,with all requirements under Uniform Guidance 2 CFR§200.216.Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou. Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V. Domestic Preferences for Procurements/Subcontracts —Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements ruder Uniform Guidance 2 CFR Page 11 of 15 §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: littps://wA w.epa.gov/smm/comprehensive-procurement-guideline-c-cpp-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2) Domestic Preference for Procurements Recipient should, to the greatest extent practicable,provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience— Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement,the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. Page 12 of 15 X. Contractual/Legal Remedies for Breach of Contract—Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any terra, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and/or any other remedy available pursuant to the Agreement of the laws then in effect. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O.Box 1988 Santa Ana, California 92702 To Consultant: ACCO Engineered Systems, Inc. Attn: Connor McDonough, Project Manager 888 E. Walnut St. Pasadena, CA 91101 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 22. MISCELLANEOUS PROVISIONS Page 13 of 15 a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 14 of 15 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA zx/ ennif all - „_ Alvaro Nunez City City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney ACCO Engineered Systems, Inc. j Cos& RA1, O' By ,O (,.£- r` -+ 'J -- Signing nme:J�$21.2026,08:3AT930 am.(PDT V77 4'L WY7P Kyles ellesen fry: Jose Kivera Assistant City Attorney Title:Assistant Secretary RECOMMENDED FOR APPROVAL: pp nlgifally signed6y Bedsits ftosas Rodolfd Rosas nw:e�=�dolraxoa a aa=roas�sanla- nale:2026.0].21 15:39:14-0]'Od Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 15 of 15 EXHIBIT A CITY OF SANTA ANA EXHIBIT 1 - SCOPE OF SERVICES General Information Contractor shall provide as-needed repairs and maintenance on a schedule that best serves the City's Heating, Ventilation, and Air Conditioning (HVAC) system and related equipment including but not limited to various chillers, cooling towers, compressors, air handlers, automation systems, and ice machines throughout the City's facilities. The Contractor shall maintain service records on all maintenance, repairs and shall provide a copy of the service records to the City of Santa Ana of all work performed during the contract period. The City will not provide past service records of work performed. Contractors must be able to respond to City's request for work on a timely manner. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and services of all aspects of the City's HVAC systems. All requested work shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes, and regulations. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform services specified herein. Regulations It is the Contractor's responsibility to provide service proposals as required of HVAC trades, central plant chiller systems, air handlers, and automation systems as needed, and all requested services are to be compliant with all Federal, State, U.S. Environmental Protection Agency (EPA), South Coast Air Quality Management District (SCAQMD), California Air Resources Board (GARB), Occupational Safety and Health Administration (OSHA), Resource Conservation and Recovery Act (RCRA) and all other applicable regulatory requirements. The Contractor shall supply any SCAQMD required reporting on EPA equipment and supply required annual EPA audit reporting. Additional Contractor Requirements 1. Contractor must be available by phone during normal business hours for consultation and emergency assistance, 2. Contractor shall provide the City with journey-level mechanical personnel and factory-trained automation specialists. 3. Contractor may be required to provide HVAC data protection and recovery services, control loop tuning for the City's automation system. 4. Contractor shall provide Material Safety Data Sheet (MSDS) to City in a complete"Right to Know" binder for all products used in City facilities. MSDS shall be provided as hard-copies and PDF files. City will determine location of"Right to Know" books. 5. Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn at all times. Uniforms shall display the Contractor's logo, and employee's first and/or last name shall be clearly visible. ID tags shall have the Contractor logo, employee's first and last name, and headshot photo of respective employee. Operating Hours of City Facilities 1. Normal Business Hours for all facilities except Santa Ana Police Department and Zoo are 7:00 AM to 5:00 PM, Monday through Friday. 2. Normal Business Hours for Santa Ana Police Department are twenty-four (24) hours, seven (7) days a week, including holidays. aCITY OF SANTA ANA 3. Normal Business Hours for Santa Ana Zoo are 8:00 AM to 5:00 PM, seven (7) days a week, including holidays. 4. Hours are subject to change and the City will notify the awarded Contractor(s) in advance of any changes. Response Time and Emergency Call Out Service Contractors must be available to receive requests twenty-four (24) hours per day, seven (7) days per week, including holidays. Contractor shall have a 4-hour response time for on-call services calls. Contractor shall have working personnel on-site within 4-hour of the call-out, or respond by telephone to the Project Manager within 30- minute if the problem is correctable through the use of a computer/modem to alleviate the source of complaint. Contractor must guarantee a maximum 2-hour response time for emergency service calls. It is mandatory that the awarded Contractor provide 24-hour emergency service as-needed in all aspects of HVAC emergency repairs for all City facilities. After hours shall be any hours outside of normal business hours as listed above under Operating Hours of City Facilities. Security Background Check of Personnel Awarded Contractor is required to provide security background checks at their expense for all personnel assigned to the secured areas of the Police facilities before work can start. All security checks will be coordinated through the Santa Ana Police Department after contract award. Additional checks will be required for all new employees assigned to the secured areas during the lifetime of the contract and all expenses shall be borne exclusively by the Contractor. The City reserves the right to approve/refuse any prospective employees of the Contractor as a result of the background check. Approved personnel will be accompanied by Police staff while they perform work on-site at all times. The following information must be provided to the Project Manager no less than 30 days prior to any employee's start of work: a. Full Legal Name b. Social Security Number c. California Driver's License or ID Number d. Birth Date e. Current Valid Address Staffing The Contractor shall provide staffing levels sufficient to provide a high level of customer service, program support, HVAC maintenance and repairs at all City facilities as required: Contractor's workforce must have staff certified and proficient in the complete maintenance and repair of centrifugal chiller systems, air handlers, pneumatic and Direct Digital Control (DDC) systems, walk in refrigerators and freezers, boilers, air compressors and a variety of package HVAC units. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting spaces. Routine repairs, service requests or other non-urgent tasks shall be completed by journey-level staff. The journey-level worker(s) shall be proficient in the following trades: 1. All mechanical, electronic and pneumatic aspects of chilled water systems ' CITY OF SANTA ANA 2. All electrical and pneumatic aspects of electronic HVAC control systems 3. Centrifugal chiller systems 4. Variable Frequency Drive (VFD) 5. Variable Refrigerant Flow (VRF) 6. Air handling systems 7. The interface and control of HVAC control systems 8. Walk in refrigerators /freezers /evidence freezers Materials and Warranty All parts should be of original equipment manufacturer (OEM); substitutions will be permitted only with prior authorization from the Project Manager. All parts, repairs and/or fluid changing must be done with parts and fluids that meet or exceed the manufacturer's specifications and requirements.All replacement parts identified as replaced or repaired in the Equipment Maintenance Provisions of the specifications shall be replaced or repaired with components of equal or upgraded quality, or new. All materials will be billed at no more than 10% of Contractor's cost. All work completed on HVAC systems will carry at minimum a one-year warranty on labor and parts. Contractors may also provide their own warranty period if it exceeds the City's minimum request at their discretion. As-Needed Project Quotation The Project Manager will reach out to the Contractor for service quotes on an as-needed project basis. 1. Contractor shall provide written, "not to exceed" quotations at no charge to the City as requested. The quote shall include the estimated number of hours, number and type of employees required, estimated material costs, and number of calendar days required for project completion. All quoted costs must adhere to Contractor's submitted Cost Proposal. Contractor shall respond to requests for quotations within two (2) calendar days and provide finalized quote within five (5) calendar days in PDF format. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate quotations. 2. No additional costs will be allowed beyond the approved quote for each project. Any changes to the approved scope of work that may result in an increase in compensation to the Contractor must be approved by the Project Manager. The Contractor shall provide a revised quote detailing the original scope of work and changes with the updated total cost to the Project Manager for approval prior to any such work commencing. 3. For as-needed repair and services, labor on final invoice shall be calculated by billable hours based on hourly rates. Damages The Contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Contractor's work related operations. The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects. Tools & Equipment The Contractor shall furnish and maintain all equipment necessary to properly service HVAC systems in City buildings. The City reserve the right to inspect equipment to be used to perform services under this contract. Inspections will be conducted by the Project Manager and Contractor will be notified if any equipment is non-compliant. It is the Contractor's responsibility to remedy the equipment issue before work can start. Failure to provide regulatory compliant equipment for carrying out all requirements of this contract may be grounds for termination of the contract. (2) CITY OF SANTA ANA Prep, Clean-up, and Disposal Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste, and non- usable material resulting from the work under this Contract. All such materials shall be disposed of off- site at the completion of each work day by the Contractor. Contractor shall properly dispose of used oil, fluids, and filters generated by its services, leaving the job site environmentally clean. Regarding HVAC systems, Contractor shall strictly adhere to Section 608 of the Clean Air Act for the recovery, recycling, and reclamation of refrigerants. For newly manufactured systems utilizing refrigerants with a Global Warming Potential (GWP) under 750 (specifically A21- refrigerants such as R- 454B and R-32), Contractor must utilize compatible recovery equipment and storage cylinders rated for mild flammability. Under no circumstances shall refrigerants be vented into the atmosphere. Hazardous waste and recovered refrigerants must be disposed of or reclaimed in accordance with the RCRA and all other applicable federal, state, and local laws and regulations. General On-Call Services 1. Contractor shall be required to respond to indoor temperature complaints and provide correction as soon as possible and record complaints and corrections at all City facilities. General Maintenance Services 1. Contractor shall be required to inspect all HVAC systems, with seasonal startup and run inspections performed and documented. 2. Contractor shall be required to perform annual preventive maintenance on Variable Frequecny Drive (VFD). 3. Contractor shall be required to provide service, oversight and documentation of Seasonal Preventive Maintenance of chillers and boilers at the Police Facilities, Water Facilities, SARTC and Grand Central only. Preventive Maintenance Services for SARTC and Grand Central (pricing requested on Attachment A-1 Sample Fee Schedule Revised 1) 1. Annual maintenance of chillers at SARTC and Grand Central. 2. Quarterly cleaning of evaporative condenser at Grand Central. Preventive Maintenance Services for Water Facilities (Bi-Annuall (pricing requested on AttachmentA-1 Sample Fee Schedule Revised 1) 1. Air Conditioning Units Maintenance a. Check all electrical wiring and connection as required; tighten as required. b. Check and replace filters as required. c. Check starter contactor surfaces for wear. d. Check compressor amps and record. e. Check sight glass for moisture level. f. Check operation of crankcase heater, g. Check and lubricate condenser fan motor and fan bearings. h. Check and lubricate condenser coil and clean. i. Check belts for wear and replace per manufacturer's recommendations. j. Check and adjust compressor capacity controls. k. Lubricate infoor fan motor bearings. I. Check humidifier for proper operation and observe for humidity levels. m. Inspect for dust, mold, and debris and clean. n. Check refrigerant charge and for leaks. o. Check and inspect cabinets for leaks and check cabinent door for secure closure. + � CITY OF SANTA ANA p. Replace batteries bi-annually. q. Test thermostats and controls for proper operation; temperatires and timer functions. 2. Control Pump Variable Frequency Drives a. Check all electrical wiring and connections as required; tighten as required. b. Check and replace filters as required. c. Check and lubricate condenser fan motor and fan bearings. d. Check confition of condenser coil and clean. e. Inspect for dust, mold, and debris and clean. f. Check and inspect cabinets for leaks and check cabinet door for secure closure 3. Air Duct Maintenance a. Inspect unit assembly. b. Visually inspect air duct system. 4. Exhaust Fan Maintenance a. Check all electrical wiring and connections. b. Check al motor starter contractor surfaces for wear. c. Clean started and electrical control enclosure. d. Lubricate bearings. e. Check belts for wear and replace per manufacturer's recommendations. f. Check belt tension and sheave alignment and adjust as required. g. Inspect exhaust fan unit assembly. h. Check all mounting hardware and tighten as required. Preventive Maintenance Services for Police Facilities ricin requested on Attachment A-1 Sample Fee Schedule Revised 1) 1. Monthly chemical test, adjust and provide all needed chemicals. 2. Semi-Annual Inspection and Maintenance of Cooling Towers. 3. Annual Cleaning of Cooling Towers Contractor shall disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades, and motor bearings, clean starter and cabinet, inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. 4. Annual Cooling Tower Drain & Refill Contractor shall remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring startup. 5. Annual Preventive Maintenance and Inspection on Boilers Contractor shall provide annual preventive maintenance inspection on two (2) Bryan Broilers and on four (4) Hot Water Boilers. It is preferred that the inspections are scheduled in November/December. Preventive Maintenance Services for Santa Ana Zoo Facilities (Quarterly) (pricing requested on Attachment A-1 Sample Fee Schedule Revised 1) 1. Air Conditioning/Heating Units Maintenance a. Check all electrical wiring and connection as required; tighten as required. b. Check and replace filters as required. CITY OF SANTA ANA c. Check starter contactor surfaces for wear. d. Check compressor amps and record.. e. Check sight glass for moisture level. f. Check operation of crankcase heater. g. Check and lubricate condenser fan motor and fan bearings. h. Check and lubricate condenser coil and clean. i. Check belts for wear and replace per manufacturer's recommendations. j. Check and adjust compressor capacity controls. k. Lubricate infoor fan motor bearings. I. Check humidifier for proper operation and observe for humidity levels. m. Inspect for dust, mold, and debris and clean. n. Check refrigerant charge and for leaks. o. Check and inspect cabinets for leaks and check cabinent door for secure closure. p. Replace batteries bi-annually. q. Test thermostats and controls for proper operation-, temperatires and timer functions. 2. Air Duct Maintenance a. Inspect unit assembly. b. Visually inspect air duct system. 3. Exhaust Fan Maintenance a. Check all electrical wiring and connections. b. Check al motor starter contractor surfaces for wear. c. Clean started and electrical control enclosure. d. Lubricate bearings. e. Check belts for wear and replace per manufacturer's recommendations. f. Check belt tension and sheave alignment and adjust as required. g. Inspect exhaust fan unit assembly. h. Check all mounting hardware and tighten as required. 4. Freezers and/or Refrigerators: a. Check all operation, electrical, condensers, evaporators and refrigeration. b. Check starter contactor surfaces for wear as required. c. Check compressor amps and record as required. d. Check sight glass for moisture level as required. e. Check operation of crankcase heater as required. f. Lubricate condenser fan motor and fan bearings as required. g. Check condition of condenser coils, clean as required. h. Check belts for wear, replace as required. i. Check and adjust compressor capacity controls as required. j. Lubricate indoor fan motor and bearings as required. HVAC Services—Water Treatment for City Hall, City Yard, Grand Central, Mai-LobraFy Newh^"^ ' Police Facilities, and SARTC (Monthly) (pricing requested on Attachment A-1 Sample Fee Schedule Revised 11 Contractor shall provide industrial water treatment to identify four main problem areas: scaling, corrosion, microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimize downtime and control water born disease such as Legionnaires' disease. Contractor is required to maintain all applicable certifications/licenses necessary to perform this work and must provide evidence to the Project Manager upon request during the term of this contract. ,a CITY OF SANTA ANA AS-NEEDED MAINTENANCE SERVICES Contractor may be required to perform preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City's equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Contractor will also provide recommendations for additional service(s) that will better enhance equipment performance. Provide preventive maintenance as requested on: 1. Exhaust fans 2. Air handlers 3. Multi-zone air york air handlers 4. Chiller with reciprocating compressors 5. Centrifugal/reciprocating compressors 6. Cooling towers 7. Air balancing of shooting range A. Air Cooled Condenser Coil Cleaning as Required Contractor may be required to provide this service to improve airflow across condenser coils, improve heat transfer and extend the life of the compressors.Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. B. Evaporator Coil Cleaning as Required Contractor may be required to clean air handling unit evaporator coils so as to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coll cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. C. Refrigerant Oil Analysis as Required Contractor may be required to perform Spectro-Chemical Refrigerant Oil Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly and will be submitted to the Project Manager. Based on the oil analysis results, Contractor will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the amount of waste oil generated. D. Cooling Tower Drain & Refill as Required Contractor may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. E. Operating Inspection as Required Contractor may be required to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Contractor may be required to provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. (2) CITY OF SANTA ANA F. Operating Inspection — Heating as Required Contractor may be required to provide this service to assure mechanical equipment continues to operate efficiently, safely and with minimal operating disruptions during the operating season. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. G. Operating Inspection —Cooling as Required Contractor may be required to assure mechanical equipment continues to operate efficiently, safely and with have minimal operating disruptions during the operating season. Contractor will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. H. Pneumatic Air Compressors as Required —City Hall and Water Facilities Contractor may be required to provide preventive maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers' recommendations. L Infrared Electric Panel Inspection as Required —Water Facilities Only Contractor may be required for infrared inspection as it is an important form of non-destructive testing that has become an indispensable predictive maintenance tool for electrical service panels. It shall be performed with a portable infrared imaging system; equipment that detects infrared energy (heat) emitted from an object and displays it as a dynamic thermal image. Adhering to Institute of Electrical and Electronic Engineers (IEEE) 1 American National Standards Institute (ANSI) standards, this inspection aids in the evaluation of component temperatures. Contractor may be required to perform a biennial infrared scan of main electrical panels. A detailed report will be provided to the Project Manager upon completion of on-site scan. J. Variable Air Volume Box (VAV) Contractor may be required to check VAV box duct connections, box zone temperature sensor (thermostat), airflow sensor, controls, damper, filter, and system re-tuning. K. Pumps Contractor may be required to lubricate bearings, inspect couplings, check for leaks, and investigate unusual noises. L. Ice Machine Contractor may be required o perform inspection and cleaning of ice machines, remove the front panel, wait for cycle completion if making ice, and turn off the machine. Contractor may also be required to remove all ice in the storage bin, add a proper amount of nickel-safe ice machine cleaner, start the cleaning cycle, then purge out the cleaning solution. May be requested to insepct the evaporator and clean as necessary, clean the water rough to remove scale or any slime buildup, put the unit back in the wash cucle and sanitizing solution, purge out a sanitizing solution and restart the unit in ice-making mode, dispose of the first couple of ice harvest cycles and check ice bridge thickness, and clean the condenser and checks for leaks. ON-CALL AND REPAIR SERVICES Contractor may be requested to perform the following services: 1. For cooling towers — Contractor may be required to disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades„ and motor bearings, clean starter and cabinet, CITY OF SANTA ANA inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. 2. Contractor may be required to perform air-handling unit maintenance and repair which includes but not limited to, all services recommended by manufacturer. A. Equipment Tasking as Required The following tasks may be requested on an as needed basis. These tasks are designed to maintain the equipment in an optimum operating condition so that the equipment will operate reliably and efficiently. 1. Centrifugal/Reciprocating Compressors: a. Perform Spectro-Chemical oil analysis test as requested. b. Lock-out and Tag-out equipment as required. c. Check all electrical wiring and connections and tighten as required. d. Check starter contactor surfaces for wear as required. e. Visually leak check compressor and associated refrigerant piping as required. f. Clean exterior of compressor as required. g. Check operation of crankcase heater as required. h. Meg-ohm motor from starter and record as required. i. Check and calibrate all safety and cut-out devices as required. j. Check and adjust compressor capacity controls as required. k. Check, calibrate and adjust all operational controls as required. 2. Exhaust Fans: a. Lock-out and Tag-out equipment as required. b. Check all electrical wiring and connections and tighten as required. c. Check all motor starter contactor surfaces for wear as required. d. Clean starter and electrical control enclosures as required. e. Lubricate motor bearings and fan bearings as required. f. Check exhaust fan belts for wear, replace as required. g. Check belt tension and sheave alignment and adjust as required. h. Inspect exhaust fan unit assembly as required. i. Check all mounting hardware and tighten as required. 3. Pneumatic Air Compressor: a. Inspect unit, check for rust spots, oil leaks & general condition of unit as required. b. Drain tank, check auto drain as required. c. Check belt, adjust tension & sheave alignments, and replace belt as required. d. Meg-ohm and record, as required. e. Check starter wiring & contacts as required. f. Check motor amperage & voltage as required. g. Check intake air filter, replace as required. 4. Air Handlers: a. Lock-out and Tag-out equipment as required. b. Check starter contacts for excessive wear as needed. c. Tighten all starter wire connections as required. d. Check belts, adjust or replace as needed. e. Check pulley sheave alignment, adjust as required. f. Meg-Ohm motor and record as requested. g. Check fan motor(s) amps. h. Clean and lubricate unit motor bearings and fan bearings. i. Check operation of economy dampers. j. Lubricate all dampers and linkages as necessary. i' CITY OF SANTA ANA k. Check operation of static vane (if applicable) I. Visually check all coils for leaks as requested. m. Check and record all coil delta T as requested. n. Inspect all mounting hardware, tighten as needed. 5. Multi-zone Air Handlers, 911 Dispatch Area: a. Lock-out and Tag-out equipment as required. b. Check fan motor amps as required. c. Clean and lubricate components as required. d. Check operation of economy dampers as required. e. Check operation of static vane or dampers as required. f. Check operation of zone dampers as required. g. Check and adjust operating and safety controls as required. 6. Package Chiller: a. Lockout and Tag-out equipment as required. b. Check condenser 1 Barrel tubes as required. c. Check Chiller barrel tube as required. d. Check and record unit amp draw as required. e. Check unit Voltage and Record as required. f. Check unit pressures and record as required. 7. Chiller with Reciprocating Compressors: a. Provide vibration analysis for two (2) York Chillers as requested. b. Provide leak test for two (2) York Chillers as requested. c. Provide chiller controls coolant for two (2) York Chillers d. Visually inspect equipment condition and operation as required. e. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. f. Check unit voltage and record as required. g. Check unit operate and records as required. h. Check unit operating hours and record as required. i. Check condenser pressure and record as required. j. Check evaporator pressure and record as required. k. Check oil sump sight glass as required. 1. Record chilled water inlet temperature. m. Record chilled water outlet temperature as required. n. Check condenser water inlet as required. o. Check condenser water outlet temperature as required. p. Check compressor starter contacts for abnormal wear as required. 8. Variable Frequency Drive: a. Check unit operation as required. b. Check fault history report as required. c. Check operation of manual bypass as required. d. Verify drive signal increase and decrease as required. e. Check and tighten all electrical connections as required. f. Check starter contacts for wear as required. 9. Computer Room Air Conditioning Units: a. Check all electrical wiring and connection as required. b. Check and replace filters as required. c. Check all electrical wiring and connections; tighten as required. CITY OF SANTA ANA d. Check starter contactor surfaces for wear as required. e. Check compressor amps and record as required. f. Check sight glass for moisture level as required. g. Check operation of crankcase heater as required. h. Lubricate condenser fan motor and fan bearings as required. i. Check condition of condenser coil, clean as required. j. Check belts for wear, replace as required. k. Check and adjust compressor capacity controls as required. i. Lubricate indoor fan motor and bearings as required. m. Check humidifier for proper operation as required. 10. Boilers: a. Check boilers for proper operation as required. b. Check and use boiler viewport to check main burner flame as required. c. Turn off and secure boiler as required. d. Check boilers for any unusual noise or vibration as required. e. Inspect gaskets for any signs of leaks as required, f. Examine the venting system as required. g. Remove and /or inspect gas pilot assembly, reinstall in accordance according to factory specifications and tolerances. h. Check boiler circulating pumps for proper operation and lubricate as required. i. Check flame safeguard control for pilot and main flame ignition as required. j. Check operation of blower motor and circuitry as required. k. Check operation of gas valves and vents as required. I. Inspect and tighten all electrical connections as required m. Check and adjust all boiler limit pressure controls and running interlocks as required. n. Check operation and adjust low water controls as required. o. Check burner, pilot and main flame ignition as required. p. Check and oil combustion air fan as required. q. Check expansion tank and site glass as required r. Check and record all entering and leaving water temperatures and pressures as required. 11. Cooling Tower: a. Lock-out and Tag-out equipment as required. b. Check starter contacts for excessive wear as needed. c. Tighten all starter wire connections. d. Check gear reducer and couplings. e. Measure insulation resistance of equipment as required. f. Check fan balance and motor(s) amps. g. Clean and lubricate unit motor bearings and fan blades. h. Check operation of media and flow. i. Lubricate all dampers and linkages as necessary. 12. Chilled Water Pumps: a. Check pump and motor operation. b. Check fault history report as required. c. Check and operate bypass valves. d. Checks and verify strainers for optimum 'Flow. e. Check and tighten all electrical connections as required. f. Check starter contacts for wear as required. g. Check and record motor amp. h. Lube and grease motor bearings as needed. (9) CITY OF SANTA ANA 13. Johnson Controls (proprietary and Contractor must be able to subcontract this work if they do not have the certification necessary to perform this work, all parts and labor must be Johnson Controls): a. Inspect and repair NCU 1 to NCU 12 for optimum operations. b. Inspect and repair as needed 46 air handier controls. c. Inspect all damper motors controls and set points. d. Provide Johnson Control parts as-needed. e. Check and calibrate all safety and cut-out devices as required. f. Check and adjust programming as required. g. Inspect Energy Management System (EMS) data base and adjust as needed. 14. Shooting Range: a. Lock-out and Tag-out equipment as required. b. Check fan motor amps as required. c. Clean and lubricate components as required. d. Check operation of economy dampers as required. e. Check operation of static vane or dampers as required. f. Check operation of zone dampers as required. g. Check and adjust operating and safety controls as required. 15. Freezers and/or Refrigerators: a. Check all operation, electrical, condensers, evaporators and refrigeration. b. Check starter contactor surfaces for wear as required. c. Check compressor amps and record as required. d. Check sight glass for moisture level as required. e. Check operation of crankcase heater as required. f. Lubricate condenser fan motor and fan bearings as required. g. Check condition of condenser coils, clean as required. h. Check belts for wear, replace as required. i. Check and adjust compressor capacity controls as required. j. Lubricate indoor fan motor and bearings as required. 16. Variable Refrigerant Flow: a. Check air filters, clean or replace as required. b. Clean drain line to prevent algae or mold growth as required. c. Check condensate drain pan for any clogs to ensure water flows freely as required. d. Inspect blower fan blades for debris and clean as required. Ensure blades are balanced and not damaged. e. Check drain pump for debris and clean as required. f. Inspect refrigerant piping for cracks or leaks and ensure insulation surrounding pipng is in good condition as required. g. Inspect piping connections to the port connections on the box. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may be incorporated in the executed agreement. Additional work and locations may be added during the contract period. Additional work is any work outside of the regular recurring services specified herein. Upon request by the Project Manager, the Contractor shall provide a written quotation for any additional work/location(s) for approval. All labor rates (2) CITY OF SANTA ANA shall align with submitted Cost Proposal. All parts and materials shall be charged to the City no more than 10% above the Contractors cost. EXHIBIT B ^a.:n JI4 CITY OF SANTA ANA ATTACHMENT A-1 - SAMPLE FEE SCHEDULE REVISED 1 The purpose of the fee schedule is for cost comparison and a base for the City to ensure fair pricing on quotations after contract execution. The fee schedule is not a guaranteed of maintenance work to the awarded contractor(s). Contractors are instructed to provide pricing for maintenance based on the scope of services and equipment listed for each location in this RFP. The City is aware that the equipment list is not comprehensive but in order to obtain consistent pricing from all proposers, please restrict your pricing to equipment listed in Exhibit 1-A. Do not include pricing for water treatment maintenance in Sample Fee Schedule 1. The City requests separate water treatment pricing to be provided in Schedule 2 from Contractors. SAMPLE FEE SCHEDULE 1 Facility Name Monthly Cost I Quarterly Cost I Bi-Annual Cost Annual Cost WATER FACILITIES— BI-ANNUAL MAINTENANCE Cambridge Station 2736 N Cambridge St $ 699.00 Santa Ana, CA 92701 Crooke Station 730 E Memory Ln $ 525.00 Santa Ana, CA 92706 East Station 1730 S Santa Fe $ 219.00 Santa Ana, CA 92705 Garthe Station 2401 N Bristol St $ 699.00 Santa Ana, CA 92706 Walnut Pump Station 723 W Walnut St $ $4.2.00 Santa Ana, CA 92701 West Pump Station 723 W Walnut St $ 362.00 Santa Ana, CA 92701 Well 32 2801 N Westwood $ 219.00 Santa Ana, CA 92706 Well 35 1718 N Sydney $ 219.00 Santa Ana, CA 92706 Well 37 2007 W McFadden Ave $ 219.00 Santa Ana, CA 92704 Well 38 2736 N Cambridge St $ 219.00 Santa Ana, CA 92701 Well40 $ 219.00 1753 E Fruit St THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA Santa Ana, CA 92701 Well 41 907 3/4 N Flower St $ 219.00 Santa Ana, CA 92703 f] GRAND CENTRAL ARTS CENTER—QUARTERLY AND ANNUAL MAINTENANCE Grand Central Arts Center 125 N Broadway $ 1,150.00 $ 3,450.00 Santa Ana, CA 92701 SANTA ANA REGIONAL TRANSPORTATION CENTER SARTC —ANNUAL MAINTENANCE SARTC 1000 E Santa Ana Blvd $ 2530.00 Santa Ana, CA 92701 SANTA ANA ZOO—QUARTERLY MAINTENANCE Santa Ana Zoo 1801 E Chestnut Ave $ 11 ,582.00 Santa Ana, CA 92701 AM POLICE FACILITIES— MONTHLY, SEMI-ANNUAL, AND ANNUAL MAINTENANCE Police Department Quarterly Chiller $8,789.00 $17,577.00 Administration Building Inspections(no# and Police Jail monthly,See 60 Civic Center Plaza Sample Fee Santa Ana, CA 92701 Schedule 2 far Monthly): 62 Civic Center Plaza $4,395.00 Santa Ana, CA 92701 SUBTOTAL $ 0.00 $ 17,217.00 $ 13,449.00 $ 23,577.00 TOTAL $ 54,133.00 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA SAMPLE FEE SCHEDULE 2—WATER TREATMENT ONLY Facility Name Equipment Details Monthly Cost City Hall 1 Hot Water Loop $198.00 20 Civic Center Plaza Santa Ana, CA 92701 City Hall — Ross Annex 1 Hot Water Loop $198.00 20 Civic Center Plaza Santa Ana, CA 92701 City Yard 1 Hot Water Loop $198.00 220 S Daisy Ave Santa Ana, CA 92703 Grand Central Arts Center 1 Evaporative Condenser, 1 Hot Water Loop, 1 Chill $545.00 125 N Broadway Water Loop Santa Ana, CA 92701 Police Department 2 Cooling Towers, 1 Hot Water Loop, 1 Chill Water $1518.00 Administration Building and Loop Police Jail 60 Civic Center Plaza Santa Ana, CA 92701 62 Civic Center Plaza Santa Ana, CA 92701 SARTC 1 Hot Water Loop, 1 Chill Water Loop $300.00 1000 E Santa Ana Blvd Santa Ana, CA 92701 TOTAL $ 2,980.00 "ON-CALL" LABOR AND VEHICLE Rates Regular time, hourly $190.00 Overtime, hourly $247.00 Truck Charge/Trip Fee (1 per project) $125.00 THIS FORM MUST HE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT C Consultant shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability(AL):Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000, In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. • Professional Liability(PL):with limits no less than$1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: I. CGL and AL policies: City of Santa Ana, its City Council, its officers,officials,employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment,and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies)agrees to waive all rights of subrogation against City, its City Council,its officers,officials, employees,agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract,Consultant's insurance coverage shall be primary and any insurance maintained by City,its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies:A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:Nadia Orozco,20 Civic Center Plaza,M-11, Santa Ana, CA 92701.The name and location of the project or event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention, Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. _ Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date,Consultant must purchase"extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of the risk, prior experience,insurer, coverage, or other special circumstances. DAT (MM/DDI5 YY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS o CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED z REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 4 IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this a certificate does not confer rights to the certificate holder in lieu of such endorsemeni(s). CONTACT PRODUCER NAME: Aon Risk Insurance Services West, Inc. PH O (866) 283-7I22 FAX {sDo) 363-olds y Los An el e5 CA Offi Ce (AIC.No.EXt: AIC.No.: .a 707 Wi 1 shire soul evard E-MAIL Suite 2600 ADDRESS: _ Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Ironshore specialty insurance Company 25445 - ACCO Engineered Systems, Inc. INSURERS: American Fire & Casualty Co 24065 888E Walnut Street Pasadena CA 91101 USA INSURER Berkley Assurance company 39462 INSURERD: LM Insurance corporation 33500 INSURER E: Liberty Mutual Fire Ins Co 23035 INSURER F: COVERAGES CERTIFICATE NUMBER:570116179748 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD7YYYV MWDDIYYYY LIMITS - E X COMMERCIAL GENERAL LIABILITY Y Y TB2661067353035 10/01/2026 EACH OCCURRENCEF$t D00 CLAIMS-MADE OCCUR PREMISES Ea occurrenceDDD MED EXP(Any ans person) 000 PERSONAL&ADV INJURYDOD GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEODD - POLICY PRO �LOC PRODUCTS ,D00JECT _ OTHER' d 1~ E AUTOMOBILE LIABILITY Y Y AS2-661-067353-025 10/01/202 5 10/01/2026 COMBINED SINGLE LIMIT Ea accidentl $5,000,000 X ANYAUTO BOUILY INJURY(Par person) - OWNED SCHEDULED BODILY INJURY(Per aocldent) AUTOS ONLY AUTOS m HIREDAUTOS NON-OWNED PROPERTYDAMAGE s? ONLY AUTOS ONLY PBrancIdent G! B UMBRELLALIAS x OCCUR Y Y EUA2663708502 10/01/2025 10 0 2026 EACH OCCURRENCE $57000,000 U - X EXCESS LIAO CLAIMS-MADE AGGREGATE $S,OoD,005 ❑ED RETENTION D WORKERS COMPENSATION AND Y WA566DO67353015 10 01 2025 10/01/2026 X I PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROP{IIE70n 1 PARTNER t EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFiCEPlMEMEER EXCLUDED? NI A (Mandatory In HIM E.L.DISEASE-EAEMPLOYEE $1,000,000 If yas,dasedho Under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Environmental Contractors and Y PcAOR50292751025 10/01/2025 10/01/2026 Aggregate/Each Loss $2,000,000 Prof Prof Liab-Claims Made Prof Agg SIR $600,000 SIR applies per policy ter s & condi ions Prof Each Claim SIR $200,000 DESORIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 161,Addillonal Remarks Schedule,maybe attached If more space Is required) [RE: Construction, ACCO BU No. 7071, All Operations,] ��TT [AI: City of Santa Ana, its City Council officers, officials, employees, agents and volunteers] are included as Additional Tnsured with respect to the General Liability and Automobile Liability Policies; granted a waiver of subrogation for the General Liability, Automobile Liability, Professional Liability and workers' compensation Policies; and General Liability Policy evidenced herein is Primary and Non-Contributory to other insurance available as required by written contract but limited to the operations Of the insured under the said contract. Excess Liability is Follow Form. CERTIFICATE HOLDH APPROVED. CANCELLATION By U. ran.Iguyen at l 15 pm,Oct14,2026" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE - POLICY PROVISIONS. city of Santa Ana AUTHORIZED REPRESENTATIVE PWA- Facilities Digitaliysigned 20 civic center Plaza, M-11 Tu Tran bvT T,an r�l Santa Ana CA 92701 USA NgUYE'1"I°ar aoxs.Iora r_9.4 �' F3;16:25-0T00' OO 19a8-2015 ACORD CORPORATION.All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10021564 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Insurance services west:, Inc. ACCO Engineered systems, Inc. POLICY NUMBER See certificate Number: 570116179748 CARRIER NAIC CODE see certificate Number: 570116179748 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR POLICY POLICY ADDL SURR POLICYNUMBLR LIMITS LTR TYPE OF INSURANCE INSD WVD EFFECTIVE EXPIRATION ON DATE DATE (MMIDD/YYYY) (MM/DD/YYYI� - OTHER A Contractors Pollution TCELLUwOO160763 10/01/2024 10/01/2026 Aggregate $1.000,000 Liability Pollution ACORD 101(2000101) ®2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are reglstered marks of ACORD POLICY NUMBER: TB2-661-067353-035 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED v OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials,parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for "bodily injury", "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional insured(s) at the location of the caused, in whole or in part, by: covered operations has been completed; or 1. Your acts or omissions; or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf, intended use by any person or organization other than another contractor or subcontractor in the performance of your ongoing operations for engaged in performing operations for a principal the additional insured(s) at the location(s) as a part of the same project. designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section ill—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law; and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement;or will not be broader than that which you are required by the contract or agreement to provide 2. Available under the applicable Limits of for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 0413 0 ISO Properties, Inc., 2012 Page 1 of 2 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations All persons or organizations with whom you have entered All locations as required by a written contract or into a written contract or agreement, prior to an agreement entered into prior to an"occurrence"or "occurrence"or offense,to provide additional insured status. offense. Information re uired to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-661-067353-035 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or agreement entered into a written contract or agreement, prior to an entered into prior to an "occurrence"or offense. "occurrence"or offense, to provide additional insured status Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or 1f coverage provided to the additional insured is "properly damage" caused, in whole or part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:TB2-661-067353-035 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "Your work"done under a contract with that person or organization and included in the"products- completed operations hazard".This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 'I POLICY NUMBER: AS2-661-067353-025 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2-661-067353-025 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organ ization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:T82-661-067363-036 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG2001 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Policy Number TB2-661-067353-035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Or anization s : Any person or organization as Any person or organization as required 30 days required b)f written contract -.bv written contract A. if we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage,we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number: AS2-66I-067353-025 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule rn Name of Other Person(s)1 Email Address or mailing Number Organization(s): address: Days Notice: Any person or organization as Any person or organization as 30 required by written contract required by written contract A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011, Liberty Mutual Group of Companies. All rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. E. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)1 Email Address or mailing address: Number Days Notice: Organixation(s); Any person or organization Any person or organization as 30 as required by written required by written contract contract All other terms and conditions of this policy remain unchanged. Issued by LM Insurance Corporation 27243 For attachment to Policy No.WA5-66D-067353-015 Effective Date Premium$ Issued to ACCO Engineered Systems, Inc. Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss and allowed by law. Issued by: LM Insurance Corp. For attachment to Policy No WA5-66D-067353-015 Effective Date 10101/2025 Premium Issued to: ACCO Engineered Systems,Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/111984 Coverage is Provided In: Policy Number; L117�>k Ly American Fire and Casualty Company-a stock company EUA(26) 63 70 85 02 Mutual, MSURANCE (ITEM 5)SCHEDULE OF UNDERLYING INSURANCE; CARRIER, POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE FIRST UNDERLYING INSURANCE GENERAL 2,000,000 EACH OCCURRENCE LIBERTY MUTUAL FIRE INSURANCE LIABILITY LIMIT COMPANY 2,000,000 PERSONALAND TB2-661-067353-035 ADVERTISING INJURY 10/01/2025- 10/01/2026 LIMIT 4,000,000 GENERAL AGGREGATE LIMIT 4,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT FIRST UNDERLYING INSURANCE OWNED AND HIRED 5,000,000 COMBINED SINGLE LIBERTY MUTUAL FIRE INSURANCE AND/OR NONOWNED LIMIT COMPANY AUTO LIABILITY AS2-661-067353-025 10/01/2025 -10/01/2026 FIRST UNDERLYING INSURANCE EMPLOYEE 1,000,000 EACH EMPLOYEE LIMIT LIBERTY MUTUAL FIRE INSURANCE BENEFITS COMPANY LIABILITY 2,000,000 AGGREGATE LIMIT TB2-661-067353-035 10/01/2025- 10/01/2026 FIRST UNDERLYING INSURANCE EMPLOYERS 1,000,000 BODILY INJURY EACH LM INSURANCE CORPORATION LIABILITY* ACCIDENT LIMIT 1,000,000 BODILY INJURY BY WA5-66D-067353-015 DISEASE AGGREGATE 10/01/2025- 10/01/2026 LIMIT 1,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT *EMPLOYERS LIABILITY COVERAGE IS NOT PROVIDED FOR CLAIMS BY EMPLOYEES WHO ARE SUBJECT TO THE WORKERS COMPENSATION LAWS OF NEW YORK To report a claim, call your Agent or 1-844-325-2467 DS 70 23 01 08 ag10812025 EUA(26)63 70 85 02 Page 26 of 61 CE 65 24 46 97 EXCESS LIABILITY COVERAGE FORM There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured. The words "we," "us" and 'bur" refer to the Company providing this insurance. The word Insured means any person or organization qualifying as such in the "first underlying insurance." Other words and phrases that appear in quotation marks have special meaning and can be found in the DEFINITIONS Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree with you to provide the coverage as follows; INSURING AGREEMENTS I. COVERAGE of the Declarations is the most we will pay for all "loss" that is subject to an We will pay on behalf of the Insured the aggregate limit provided by the 'first amount of 'loss" covered by this insurance in underlying insurance." The aggregate excess of the "Underlying Limits of Insurance" limit applies separately and in the shown in Item 5. of the Declarations, subject same manner as the aggregate limits to INSURING AGREEMENT Section II., Limits provided by the "first underlying insur- of Insurance. Except for the terms, conditions, ance," provided that all "underlying in- definitions and exclusions of this policy, the surance" applies their aggregate limit coverage provided by this policy will follow in the same manner as the 'first un- the "first underlying insurance." derlying insurance." IL LIMITS OF INSURANCE 3. Subject to 13.2., the occurrence limit stated in Item 4. of the Declarations is A. The Limits of Insurance shown in the Dec- the most we will pay for all "loss" larations and the rules below describe the arising out of any one occurrence to most we will pay under the terms of this which this policy applies. insurance regardless of the number of: 4. Subject to Paragraphs 13.2. and 13.3. 1. Insureds; above, if the "Underlying Limits of In- surance" described in Item 5. of the 2, claims made or suits brought; Declarations are either reduced or ex- 3. persons or organizations making hausted solely by payment of 'loss," claims or bringing suits. such insurance provided by this policy will apply in excess of the reduced B. The Limits of Insurance of this policy will underlying limit or, if all underlying apply as follows: limits are exhausted, will apply as "un- derlying insurance" subject to the 1. This policy applies only in excess of same terms, conditions, definitions and the "Underlying Limits of Insurance" exclusions of the 'first underlying in- shown in Item 5. of the Declarations. surance," except for the terms, condi- tions, definitions and exclusions of this 2. The aggregate limit shown in Item 4. policy. CE 65 24 06 97 (Page 1 of 7) 0910812025 EUA(26)63 70 85 02 Page 34 of 61 ducts, asbestos-containing materials or However, we will not pay that portion products, asbestos fibers or asbestos of a 'loss" that is within the "Under- dust; or lying Limits of Insurance" which the Insured has agreed to fund by self- 3. any obligation to investigate, settle or insurance or means other than insur- defend, or indemnify any person ance. against any claim or suit arising out of or related in any way, either directly or 5. The limits of this policy apply sepa- indirectly, to asbestos, asbestos pro- rately to each consecutive annual pe- ducts, asbestos-containing materials or riod, and to any remaining period of products, asbestos fibers or asbestos less than 12 months, starting with the dust. beginning of the policy period shown in the Declarations unless the policy E. Any liability, including, but not limited to period is extended after issuance for settlements, judgments, costs, charges, ex- an additional period of less than 12 penses, costs of investigations, or the fees months. In that case the additional pe- of attorneys, experts, or consultants aris- riod will be deemed part of the last ing out of or in any way related to: preceding period for purposes of deter- mining the Limits of Insurance. 1. the actual, alleged or threatened pres- ence, discharge, dispersal, seepage, III. DEFENSE migration, release or escape of "pollu- tants," however caused; A. We will not be required to assume charge of the investigation of any claim or de- 2. any request, demand, or order that any fense of any suit against you. Insured or others test for, monitor, clean up, remove, contain, treat, de- B. We will have the right, but not the duty, to toxify, neutralize or in any way re- be associated with you or your underlying spond to or assess the effects of "pol- insurer or both in the investigation of any lutants." This includes demands, direc- claim or defense of any suit which in our tives, complaints, suits, orders or re- opinion may create liability on us for quests brought by any governmental "loss." If we exercise such right, we will entity or by any person or group of do so at our own expense, but not after persons; the limits of this policy are exhausted. 3. steps taken or amounts incurred by a IV. EXCLUSIONS governmental unit or any other person or organization to test for, monitor, This policy does not apply to: clean-up, remove, contain, treat, de- toxify or neutralize or assess the ef- A.'Any liability, including, but not limited to fects of "pollutants." settlements, judgments, costs, charges, ex- penses, costs of investigations, or the fees This exclusion will apply to any liability, of attorneys, experts, or consultants aris- casts, charges or expenses, or any judg- ing out of or related in any way, either ments or settlements, arising directly or directly or indirectly, to: indirectly out of pollution whether or not the pollution was sudden, accidental, grad- 1. asbestos, asbestos products, asbestos- ual, intended, expected, unexpected, pre- containing materials or products, as- ventable or not preventable. bestos fibers or asbestos dust, includ- ing, but not limited to, manufacture, As used in this exclusion "pollutants" mining, use, sale, installation, removal, means any solid, liquid, gaseous or ther- or distribution activities; mal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, 2. exposure to testing for, monitoring of, acids, alkalis, chemicals and waste ma- cleaning up, removing, containing or terial. treating of asbestos, asbestos pro- CE 65 24 06 97 (Page 2 of 7) 09105/2025 E1A(26)63 70 85 02 Page 36 of 61 Waste material includes materials which such "underlying insurance," but will sp- are intended to be or have been to be ply as if the "underlying insurance" was recycled, reconditioned or reclaimed. available and collectible. C. Any liability excluded by the Nuclear En- C. Changes ergy Liability Exclusion attached to this policy. Notice to any agent or knowledge pos- sessed by any agent or any other person V. DEFINITIONS will not effect a waiver or change in any part of this policy. This policy can only be A. "First underlying insurance" means the changed by a written endorsement that policy or policies of insurance stated as becomes a part of this policy and that is such in Item 5. of the Declarations. signed by one of our authorized repre- sentatives. B. "Loss" means those sums actually paid in the settlement or satisfaction of a claim D. Cancellation which you are legally obligated to pay as damages after making proper deductions 1. You may cancel this policy. You must for all recoveries and salvage. mail or deliver advance written notice to us stating when the cancellation is C. "Underlying insurance" means "first un- to take effect. derlying insurance" and all policies of in- surance listed in Item 5. of the Declara- 2. We may cancel this policy. If we cancel tions. because of nonpayment of premium, we must mail or deliver to you not less D. "Underlying Limits of Insurance" means than ten (10) days advance written no- the total sum of the limits of all applicable tice stating when the cancellation is to "underlying insurance" stated in Item 5. of take effect. If we cancel for any other the Declarations, including self-insurance, reason, we must mail or deliver to you or means other than insurance. not less than thirty (30) days advance written notice stating when the can- VI. CONDITIONS cellation is to take effect. Mailing that notice to you at your mailing address A. Appeals shown in Item 1. of the Declarations In the event you or any underlying insurer will be sufficient to prove notice. elects not to appeal a judgment in excess 3. The policy period will end on the day of the amount of the "Underlying Limits of and hour stated in the cancellation no- Insurance," we may elect to appeal at our tice. expense. If we do so elect, we will be liable for the costs and interest incidental 4. If we cancel, final premium will be cal- to this appeal. In no event will this provi- culated pro rata based on the time this sion increase our liability beyond the ap- policy was in force. plicable Limits of Insurance described in Section II. of this policy. 5. If you cancel, final premium will be more than pro rata; it will be based on B. Bankruptcy or Insolvency the time this policy was in force and increased by our short rate cancellation The bankruptcy, insolvency or inability to table and procedure. pay of any Insured or the bankruptcy, in- solvency or inability to pay of any of the 6, Premium adjustment may be made at underlying insurers will not relieve us the time of cancellation or as soon as from the payment of any claim or suit practicable thereafter but the cancella- covered by this policy. tion will be effective even if we have not made or offered any refund due In the event of bankruptcy or insolvency of you. Our check or our representative's any underlying Insurer, the insurance af- forded by this policy will not replace CE 65 24 06 97 (Page 3 of 7) 09/08/2025 EUA(26)63 70 8502 Page 36 of 61 check, mailed or delivered, will be suf- ficient tender of any refund due you. 1. to keep the policies listed in Item 5. of the Declarations in full force and ef- t. The first Named Insured in Item 1. of fect; the Declarations will act on behalf of all other Insureds with respect to the 2. that the Limits of Insurance of the "un- giving and receiving of notice of can- derlying insurance" policies listed in cellation and the receipt of any refund Item 5. of the Declarations will be that may become payable under this maintained except for any reduction or - policy. exhaustion of aggregate limits by pay- ment of claims or suits for `losses" 8. Any of these provisions that conflict covered by "underlying insurance." with a law that controls the cancella- tion of the insurance in this policy is If you fail to comply with these require- changed by this statement to comply ments, we will only be liable to the same with the law. extent that we would have been had you fully complied with these requirements. E. First Named Insured Duties H. Notice of Occurrence The person or organization first named in Item 1. of the Declarations is responsible 1. You must see to it that we are notified for the payment of all premiums. The first as soon as practicable of an occur- Named Insured will act on behalf of all rence which may result in a claim or other Named Insureds for the giving and suit which may involve this policy. To receiving of notice of cancellation or the the extent possible, notice will include: receipt of any return premium that may become payable. a. how, when and where the occur- rence took place; We will be furnished a complete copy of b the names and addresses of an the "first underlying insurance" described y in Item S. of the Declarations and any injured persons and witnesses; subsequently issued endorsements which may in any way affect this insurance. c. the nature and location of any in- jury or damage arising out of the F. Legal Actions Against Us occurrence. There will be no right of action against us 2. If a claim or suit against any Insured is under this insurance unless: reasonably likely to involve this policy you must notify us in writing as soon 1. you have complied with all the terms as practicable. of this policy; and 3. You and any other involved Insured 2. the amount you owe has been deter- must: mined by settlement with our consent or by actual trial and final judgment. a. immediately send us copies of any demands, notices, summons- This insurance does not give anyone the es or legal papers received in con- right to add us as a party in an action nection with the claim or suit; against you to determine your liability. b. authorize us to obtain records and G. Maintenance of Underlying insurance other information; During the period of this policy, you agree: c. cooperate with us in the inves- tigation, settlement or defense of the claim or suit; and d. assist us, upon our request, in the enforcement of any right against any person or organization which CE 65 24 06 97 (Page 4 of 7) 08IOa/2025 EUA(26)63 70 85 02 Page 37 of 61 may be liable to the Insured be- additional premium charge is made to the cause of injury or damage to "underlying insurance" during the policy which this insurance may also ap- period or if there is an increase in the risk ply. assumed by us, our premium may be ad- justed accordingly. 4. If the "Underlying Limits of Insurance" are exhausted solely by payment of "loss," no Insured will, except at their K. Terms Conformed to Statute own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, with- The terms of this policy which are in con- out our consent. flict with the statutes of the state where this policy is issued are amended to con- I. Other Insurance form to such statutes. If other insurance applies to a 'loss" that is also covered by this policy, this policy If we are prevented by law or statute from will apply excess of the other insurance. paying on behalf of the Insured, then we Nothing herein will be construed to make will, where permitted by law or statute, this policy subject to the terms, conditions indemnify the Insured. and limitations of such other insurance. However, this provision will not apply if the other insurance is specifically written L. When "Loss" is Payable to be excess of this policy. Other insurance includes any type of self- Coverage under this policy will not apply insurance or other mechanism by which unless and until the Insured or the In- an Insured arranges for funding of legal sured's "underlying insurance" is obligat- liabilities. ed to pay the full amount of the "Under- lying Limits of Insurance." J. Premium Unless otherwise provided, the premium When the amount of "loss" has finally for this policy is a flat premium and is not been determined, we will promptly pay on subject to adjustment except as provided behalf of the Insured the amount of 'loss" herein or amended by endorsement. If any falling within the terms of this policy. NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: 2. resulting from the "hazardous properties" A. Any liability, injury or damage: of "nuclear material' and with respect to which (a) a person or organization is re- f. with respect to which any Insured under quired to maintain financial protection .pur- the policy is also an Insured under a nu- suant to the Atomic Energy Act of 1954, or clear energy liability policy issued by Nu- any law amendatory thereof, or (b) any clear Energy Liability Insurance Associ- Insured is, or had this policy not been ation, Mutual Atomic, Energy Liability Un- issued would be, entitled to indemnity derwriters, Nuclear Insurance Association from the United States of America, or any of Canada or any of their successors, or agency thereof, under any agreement en- would be an Insured under any such policy tered into by the United States of America, but for its termination upon exhaustion of or any agency thereof, with any person or its Limits of Insurance; or organization. CE 65 24 06 97 (Page 5 of 7) 09/0812025 EUA(26)63 70 85 02 page 38 of 61 consists of or contains more than 25 B. Any injury or "nuclear property damage" re- grams of plutonium or uranium 233 or sulting from the "hazardous properties" of any combination thereof, or more than "nuclear material," if: 250 grams of uranium 235; 1. the "nuclear material" (a) is at any "nu- d. any structure, basin, excavation, prem- clear facility" owned by, or operated by or ises or place prepared or used for the on behalf of, any Insured or (b) has been storage or disposal of, "nuclear discharged or dispersed therefrom; waste," and includes the site on which any of the foregoing is located, all op- 2. the "nuclear material" is contained in erations considered on such site and "spent fuel" or "nuclear waste" at any all premises used for such operations. time possessed, handled, used, processed, stored, transported or disposed of by or an 3. "Nuclear material" means "source mate- behalf of any Insured; or rial," "special nuclear material" or by- product material. 3. the injury or "nuclear property damage" arises out of the furnishing by any Insured 4. "Nuclear property damage" Includes all of services, materials, parts of equipment forms of radioactive contamination of in connection with the planning, construc- property. tion, maintenance, operation or use of any "nuclear facility," but if such facility is lo- 5. "Nuclear reactor" means any apparatus cated within the United States of America, designed or used to sustain nuclear fission its territories or possessions or Canada, in a self-supporting chain reaction or to this Exclusion B.3. applies only to "nuclear contain a critical mass of fissionable ma- property damage" to such "nuclear facili- terial. ty" and any property therein. 6. "Nuclear waste" means any "nuclear C. As used in this exclusion:\ waste" material (a) containing "by-product material" other than the tailings of� "nu- 1. "Hazardous properties" includes radioac- clear waste" produced by the extraction or tive, toxic or explosive properties. concentration of uranium or thorium from any ore processed primarily for its "source 2. "Nuclear facility" means: material" content, and (b) resulting from the operation by any person or organiza- a. any "nuclear reactor"; tion of any "nuclear facility" included with- in the definition of "nuclear facility" under b. any equipment or device designed or Paragraph C.2.a. or C.2.16. used for 7. "Source material," "special nuclear mate- um separating the isotopes of urani- rial," and "by-product material" have the um or plutonium, meanings given them in the Atomic En- (2) processing or utilizing "spent ergy Act of 1954 or in any law amendatory fuel" or thereof. (3) handling, processing or packaging 8. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has "nuclear waste"; been used or exposed to radiation in a c. any equipment or device used for the "nuclear reactor." processing, fabricating or alloying of special nuclear material" if at any This endorsement does not change any other time the total amount of such material provision of the policy. in the custody of any Insured at the premises where such equipment or de- vice is located CE 65 24 06 97 (Page 6 of 7) 09/08/2025 EUA(26)63 70 85 02 Page 39 of 61 In Witness Whereof, we have caused this policy to be executed and attested, but this policy will not be valid unless countersigned by one of our duly authorized representatives, where required by law. CE 65 24 06 97 (Page 7 of 7) 0 910 8/2 0 2 5 E UA(26)63 70 85 02 Page 40 of 61 Berkley Assurance Company Page of Responsible Entity Waiver of Subrogation Affirmation Endorsement In consideration of the premium paid, it is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the following: C. Subrogation In the event of any payment under this Policy,we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights, You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However,we waive our rights of subrogation under this Policy,to the extent such a waiver is required by a written contract with you executed prior to the Claim,against any of the following that is not a Responsible Entity:your clients,their parents or other affiliates, and your client's designees; and your co-participants in an entity for which your participation is insured under Definition 0.4. of this Policy. For Coverage A only,we will not subrogate against a Responsible Entity,provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced, Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged. Insured Policy Number ACCO Engine red Systems, Inc. PCADB-5029275-1025 Effective Date of This Endorsement Authorized Representative 10/01/2025 Policy Form:PERFORM-10001 (11-20) 37489-5029275-196432 20-PERFORM-10118(01-21)