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HomeMy WebLinkAboutACCO Engineering Systems - 2020-09-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCO ENGINEERING SYSTEMS FOR REPLACEMENT OF TWO HVAC UNITS AT THE CENTRAL NET TRAINING CENTER THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and ACCO Engineered Systems a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of replacing HVAC units. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Robert Alanis who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 20-8707/231828 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Two Hundred Sixty Nine Thousand Nine Hundred Twenty Three Dollars ($269,923). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. C. Contractor shall be paid pursuant to the terms of Exhibit`B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence September 1, 2020 , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from commencement date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 20-8707/231828 2 The drawings, designs and other documents produced by ACCO are neither intended nor suitable for installation by a third party. City will hold ACCO harmless for all claims arising from a third party's use of Contractor's drawings. 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall 20-8707/231828 3 provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or.a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. 20-8707/231828 4 This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor 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. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents 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. Contractor shall also be entitled to: 1. Actual termination costs incurred due to any premature termination, including the costs of cancelling orders, storage, etc.; 2. If not included in the costs of work performed to date, Contractor's mark-up shall be fifteen (15) percent total for Overhead and Profit. 20-8707/231828 5 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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 are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: 20-8707/231828 6 To City: Contractor: City of Huntington Beach ACCO Engineered Systems Attn: Scott Haberle, Fire Chief Attn: Robert Alanis 2000 Main Street 6446 E. Washington Blvd. Huntington Beach, CA 92648 Commerce, CA 90040 (323) 201-0931 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20-8707/231828 7 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20-8707/231828 8 28. Jurisdiction —Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 29. Professional Licenses Contractor shall, through 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 Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully 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. 20-8707/231828 9 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. [SIGNATURES INTENTIONALLY ON NEXT PAGE] 20-8707/231828 10 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of ACCO Engineered Systems California By: 0o4 M. r Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/PresidentNice President APPROVED AS TO FORM: AND By: City Attorney print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date C©rUNTF,R'AR T 20-8707/231828 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of ACCO Engineered Systems California By: Rca-� RONALO FAUM&Sr.Vice Pre$kWM Director/Chief (Pursuant To HBMC§3.03.100) print name .. - ITS: (circle one)Chairman/Presiden ice President __- APPROVED AS TO FORM: AND Dp C. signetl by Garlbn Seyf. Carlton Se forth DN CCO E- b Sy ,. mm. Y °N-ce o hero`°Syabms. By: D.k'MO 08.2414'44'30-07'00' S,,kCity Attorney Carlton Seyforth print name Date circle one)Secretary/Chief Financial Ofricer� Secret Treasurer RECEIVE AND FILE: City Clerk Date 49//1.2620 COUNTERPART 20-8707/231828 11 Exhibit A engineered ystems ed Mechanical Services 3231201-0931 Voice 800/998-2226 Service 323/201-3674 Fax July 10, 2020 6446 E.Washington Blvd. Commerce,CA 90040 Janet Lockhart Senior Administrative Analyst Huntington Beach Fire Department Reference: Huntington Beach Fire Department (CNET) 18301 Gothard Street Huntington Beach,Ca Subject: CNET Building—Multi Zone#1 and#2 Replacements Confirming our meeting,job walk and site survey at the above referenced location, ACCO Engineered Systems is pleased to provide pricing for Mechanical Engineering,controls, labor and materials for the installation of two (2) new dedicated Multi Zone air handlers and related condensing units to serve the above referenced location. The existing AC units(AC#1 and AC#2) have exceeded their service life expectancy. The recommended replacement units will have equivalent capacity of existing units and will be installed in the same location. ) SCOPE OF SERVICES — Full mechanical design including: — Furnish engineered design drawings prepared on AutoCAD. — Provide airflow calculations and cfm quantities. — Title sheet with legend, and abbreviations. — Mechanical equipment schedule. — Airflow diagram. — New equipment and coordination. — Sections and details. — HVAC control diagrams. — Coordination with other trades. — As-built CAD files. — Professional Engineer(PE)stamp of all drawings and documentation as required. ➢ Full mechanical installation including: ➢ Lock out and tag out unit. ➢ Disconnect all existing piping, electrical and controls. ➢ Demo and replace two (2) existing Multi Zone #1 and #2 air cooled split units with new Direct Digital Controls (DDC). ➢ Furnish and install two(2) new Trane condensing units with DDC controls. ➢ DDC controls will control the dampers in the new HVAC equipment. Exhibit A engineered Janet Lockhart systems Ref: CNET Building—Multi Zone#1 and#2 Replacements July 10, 2020 Page 2 ➢ Reconnect condensate piping, electrical and controls. ➢ Includes new electrical and fused disconnect. ➢ Includes detailing and fabrication of all necessary sheet metal and piping revisions. ➢ Includes all necessary rigging including crane lift as required. ➢ System refrigerant charge. ➢ System check,test and start-up. ➢ All work will be performed during the course of normal and off hours. ➢ Materials supplied shall be guaranteed per terms and conditions of the standard manufacturer's limited warranty provision but in no instance shall such assurances extend for a period of less than one (1)year from date of completion. 2� PIS $ L RY ITEM Total TOTAL PROJECT $269,923.00 3) BID CLARIFICATIONS GENERAL EXCLUSIONS • General Contracting work:structural reinforcing or calculations, painting, concrete cutting, patching, concrete and other housekeeping pads,framing, ceiling work, drywall enclosures and rated access doors. • Detection, abatement, encapsulation or removal of asbestos or products, materials or equipment containing asbestos. • All Fire Protection work. • All Life Safety Work. Wiring, relays, panels, duct smoke detectors and conduit. ACCO will install all duct smoke detectors as required. • Relocation of existing lights, sprinkler pipe and other items necessary for completion of this project. • Working with a third party. Thank you for this opportunity to be of service. Feel free to call me with any questions or concerns. Sincerely, ACCO Engineered Systems Rairmt r�laKld Robert Alanis Senior Project Manager Building Services Division EXHIBIT B • Invoicing to be broken down into two (2) invoices: Invoice#1 when the equipment is received Invoice #2 upon completion of the project. Total Project Cost: $269,923.00 7m,,' DID Y'Y) CERTIFICATE OF LIABILITY INSURANCE912D20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 0 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES a BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED M REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. r IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATtON IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this 01 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT Ann Risk InSUrdnCe Services west, Inc. tPH 1AME: Los Angeles CA Office (ac.no.EXl: (866) 283-7122 (800) 363-0105 -`N6 707 Wilshire Boulevard E-MAIL 2 suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC P INSURED INSURER A: steadfast Insurance Company 26387 ACCO Engineered Systems, Inc. INSURERB: Arch Insurance company 11150 888 East walnut street Pasadena CA 91101 USA IIISURERC: Arch Indemnity Insurance Company 30830 INSURER D: Berkley Assurance Company 39462 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570083360620 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 wim 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 Y/VO POLICY NUMBER 0.9.1 iDDJYYYY1 Ml.VDD/yYYY LIMITS X COLVAERCIAL GENERAL LIABILITY Y Y 71PKG EACHOCCURRFNCr.. $2,000,000 DM.MQE TO RENTED CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence 5300,000 MED EXP(Any one person) S5,000 P E RSONAL B ADV INJURY S2,000,000 N GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY MOTHER: �X LOG PRODUCTS-COMPIOPA(iG S4,000,ODD Cl) 0 OTHER: � n B AUTOMOBILE LIABILITY Y Y 71PKG8949202 10/01/201910/01/2020 COMBINED SINGLE LIMIT S2,000,000(Ea aoMenn N X ANYAUTO BODILY INJURY(Per Person) Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOSONLY AUTOS PROPERTY DAMAGE U HIRED AUTOS NON-OWNED Por accident .- ONLY AUTOS ONLY tv 4DE U""'RELLA LIAB OCCUR EACH OCCURRENCE O EXCESS LIAB CLAIMS MAOE AGGREGATE D RETENTION B WORKERS COMPENSATION AND Y 71wC18949102 10/01/2019 10/01/2020 X PER STATUTE I OTRH. EMPLOYERS'LIABILITY C ANYPROPRIETOn1PARTNER/EXECUTIVE Y y 7oS�C18949002 10/Ol/201910/Ol/2020 ELEACHACCIDENT $1,On,000 OFFICER"EMBER EXCLUDED? 141 A (mandatory In NH) CA, OR, TX E.L.DISEASE-EAEhPLOYEE $1,000,000 II yyes describe under CESG�RIPTION Of OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 D Env Contr Prof Y PCADB50098251019 10/01/2019 10/01/2020 Aggregate/Each Loss $1,000,000— Claims Made Prof Agg SIR S600,000 SIR applies per policy ter s & condi ions Prof Each claim STR 5200,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Adddional Remarks Schedule,may be attached If more space Is required) [RE: construction, Acco .lob No. 719367, Comerica - HVAC Mechanical Replacements, 12050 Ventura Blvd., Studio city, CA 91604.1 CAI: The cityof Huntin ton Beach, its officers elected or appointed officials employees, agents and volunteers] are .+ included as Aditional insured with respect to tAe General Liability and Automobile Liability policies; granted a waiver of Subrogation for General Liability, Automobile Liability, Professional Liability and workers' compensation policies; and General _ Liability policy evidenced herein Ts Primary and Non-Contributory to other insurance available as r q fired by written contract but limited to the operations of the insured under the said contract. APP ED A_S M CERTIFICATE HOLDER CANCELLATION [j i follel!Art: SHOULD ANY OF THE ABOVE DESCRIBED PO ICI,�ygj'�{ �Q� EFO(RE1 THE EXPIRATION DATE THEREOF, NOTICE WILL-11L.pE LLYcBEp-1I�'pCffjF RE HE POLICY PROVISIONS. 1 Y lJl' t1UIV llVh It))IIVV LSt The City of Huntington Beach AUTHORIZED REPRESENTATIVE PO Box y841 Huntington Beach CA 92648 USA e.�4!a �� 9L 9h9lGrlL9ttL' GLt/R]',G /�/ 71Q ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:71PKG8949202 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) The City of Huntington Beach, its officers, Construction,ACCO Job No. 719367, Comerica - elected or appointed officials, employees, HVAC Mechanical Replacements, 12050 Ventura agents and volunteers. Blvd., studio City, CA 91604. 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work,including materials,parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of"your work"out of which the injury However or damage arises has been put to its intended use by any person or organization other than 1. The insurance afforded to such additional another contractor or subcontractor engaged in insured only applies to the extent permitted by performing operations for a principal as a part of law; and the same project. 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 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 i i • i . s C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement,the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or i 3 i I 1 Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER:71PKG8949202 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 Location And Description Of Completed Operations Organization(s) The City of Huntington Beach, its officers, Construction,ACCO Job No. 719367,Comerica- elected or appointed officials, employees,agents HVAC Mechanical Replacements, 12050 Ventura and volunteers. Blvd., Studio City,CA 91604. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section Il — 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 Section organization(s) shown in the Schedule, but only III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is property damage"caused, in whole or in part, by required by a contract or agreement,the most we will your work" at the location designated and described in the Schedule of this endorsement pay on behalf of the additional insured is the amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of Insurance 1. The insurance afforded to such additional shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance shown in the Declarations. 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 04 13 0 Insurance Services Office, Inc.,2012 Page 1 of 1 a POLICY NUMBER:71PICG8949202 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 i WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US r i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: i The City of Huntington Beach, its officers, elected or appointed officials, employees, t agents and volunteers. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. f i 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 above 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 above. i CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 POLICY NUMBER: 71PKG8949202 COMMERCIAL AUTO CA 04 44 10 13 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ACCO Engineered Systems, Inc. Endorsement Effective Date: 10-01-2019 SCHEDULE Name(s)Of Person(s)Or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. 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 i POLICY NUMBER: 71PKG8949202 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j DESIGNATED INSURED FOR j COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: j d AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM i 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ACCO Engineered Systems,Inc. Endorsement Effective Date: 10/1/2019 SCHEDULE Name Of Person(s)Or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. 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. I i i CA 20 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 I POLICY NUMBER:71PKG8949202 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 This insurance is primary to and will not seek additional insured. 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 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION —CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the j Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c i cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days; except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective 1 date of the cancellation, to the address or addresses of certificate holders as provided by your broker of i agent. i Schedule j i Person(s) or Organization(s)including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes j of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71PKG8949202 Named Insured:ACCo ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-01--19 Page 1 of 1 00 ML0087 00 11 10 i i I ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION —CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c cancellation that we sent_to you. If possible, such copies of the notice will be mailed at least 60 days; except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker of agent. Schedule Person(s)or Organization(s)including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 74WCI8949002 Named Insured:ACCO ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-01-19 00 ML0087 00 11 10 Page 1 of 1 1 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION-CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice c cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker of agent. if Schedule Person(s)or Organization(s)including mailing address: I All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71WCIB949102 Named Insured:ACCo ENGINEERED SYSTEMS, INC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-o1-19 00 ML0087 00 11 10 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) 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 ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS. Location(s) of Covered' Operatons: al Replacements, 12050 Ventura Construction, Studio City, CA 91604. 67' Comerica HVAC - Name Of Additional Insured Person(s) Or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. WC 00 0313 (Ed.4-84) n 4oa4.4 Nafinnal council on compensation Insurance. ,' .• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov �B /7,',ISO 9,PO' � Office of the City Clerk Robin Estanislau, City Clerk September 1, 2020 ACCO Engineered Systems Attn: Robert Alanis 6446 E. Washington Blvd. Commerce, CA 90040 Dear Mr. Alanis: Enclosed is a copy of the "Service Agreement Between the City of Huntington Beach and ACCO Engineering Systems for Replacement of Two HVAC Units at the Central Net Training Center." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure -- Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand