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HomeMy WebLinkAboutACCO Engineered Systems - 2020-10-19 \\II \1 MI \ I \►► ' llIS I RV I \( X'I I \11 1 111. I M 1 1 \ 1111 l'I I \ ►►I I11'N l IN0 I( )\ III \l'l I AND \rV0I:NGINI I RI 1)51 � I I VS I (W 11\':1l' l OR I'111 ► \\11'RON IANI I10\11'1 I tiff \ \\ I► \I I►�\ ►'I \ I I It IlIIS \\11 \1 MI \ I is made and entered into b► and I•ct%\ccn the CI I). ()I' l It1NTINOTON 1I1 .\►'I I,it California municipal corporation, hcrcinaticr rclared to as "CITY."and r\CCO I \►1\1 I Itl 1) 1 VMS,hercinatter referred to as "CONSt 11.'FAN L" WI IERVAS,Cl I'Y and CONSI ILTANT arc parties to that certain agrcemcnl. dated October 11), 2011)entitled"`et-vice Agreement Between the City of I Iuntington Beach and ACCO Frigincercd SN stems for I I\'AC for the Cameron Lanc I lomeless Navigation Center"which agreement shall hercinatler he rclerred to as the"Original Agreement.-and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be laid to Consultant; NOW, H 11 IN I I t 11F, it is,ti-reed by C'CfY and CONSULTANT as follows: 1, ADDIlh)\ \1 t'►►PI \` \ IION In consideration of the ser\ices to he pertonned under the Original Agreement, City agrees to pay Consultant an additional stun not to cxcccd Thirteen I'housand Eight Ilundred Sixtv four Dollars($1 3,8(,4). l'Itc additional sum shall he added to the original sum of One I lundred Seventeen]housand I?ight I lundred Vight% Fight Dollars ($I 17.888). for a new contract amount not to exceed One hundred I'hirty One Thousand Seven ilundred fitly 1'wo Dollars. ($131.752). 20-9233/241332 1 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on �.2.2, ,2020. CONSULTANT, C1TY OF HUNTINGTON BEACH,a municipal ACCO Engineers Systems corporation of the State of California I By: / City Clerk I _ h���( rw•►� ]11"I I� ""ED AND V +� pnnt name ITS: (circle one)Chairman-,Presiden ice Presiden AND Director o Public Works t R 'WED A APPROVE ` BY: ---- - _ — phi _.. City Manager print name ITS: (circle one)Swetary!Chict Finanual UfCiccOAsst APPROVED AS TO FORM: Secretary—Treasurer City Attorney COUNTERPART f 20-9233/241332 '- I 1- RI-AFFIRSIATION Fxeept a Wc6fically modified Fortin,all rAher terms snJ conditions of the Original Agrmneru shall mmstn to NO fotot and etfcm fN WITNESS WHEREOF,the Panics hereto luive cauxd this Mirevxnl to be eaeeu d by their mabotimil officers on— _. 20M. CONSMANT, CITY OF HtP%"TINOTON REACH,a municilul ACCO LnginmW Systems coaporolimt of the State of cabroruia City Clerk _ INi11ATH)AND APPROVED: ._.----- AND Director of Peblic W(eks RLL'IEUTI)AND APPRON'LI) chry mwaw I 1 Ne,.x� �kicr f'�s�rl G1'.Noar'hse. APPRt)L'f:I)As TO FryFty y„rrty Atitrntey COUNTERPART AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCO ENGINEERED SYSTEMS FOR HVAC FOR THE CAMERON LANE HOMELESS NAVIGATION CENTER THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as "CITY," and ACCO ENGINEERED SYSTEMS,hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 19,2019 entitled"Service Agreement Between the City of Huntington Beach and ACCO Engineered Systems for HVAC for the Cameron Lane Homeless Navigation Center" which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Fifteen Thousand Dollars ($15,000). The additional sum shall be added to the original sum of One Hundred and Two Eight Hundred Eighty Eight Dollars($102,888), for a new contract amount not to exceed One Hundred Seventeen Eight Hundred Eighty Eight Dollars. ($117,888). 20-9139/240482 1 1 I ID 2. KI:AI I IRKIA I WN I{xccpt u%spccilically nunlitied herein,all other term%and condition~(it the Original Agicement shall remain in full Inrce and Oleo. IN WI 1'NFtip��'I Il.ltl{Of,the parties hereto have caused this agreement to be executed by their authorized ollicers on J1 -ece w L' r ,2020. CONSULTANT, CITY OF IIUNTINGTON BEACII.a municipal ACCO Engineered Systems corporation of the State of California By: City Clerk print name INITIA D AND OVE ITS:(circle one)Chairmmn1'midcgl 'a Pre w AND Directur of P orks 13 VI N -AP ROVED: r name it Aw City Manager ITS.(circle on, ccreur) htcr IDnat rl 1 incifGcalAxst, ecr seury-tre",. APPROVED AS TO FORM: —n � U' Lt Cn City Attorney I 20-91391240.182 ' SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCO ENGINEERED SYSTEMS FOR HVAC FOR THE CAMERON LANE HOMELESS NAVIGATION 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 Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of installing HVAC. 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 Andy Lufkin, 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. 20-9042/236027 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 One Hundred Two Thousand Eight Hundred and Eighty-Eight Dollars ($102,888). 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;he essence of this Agreement. The services of Contractor are to commence 0 e-r , or as soon as practicable after the execution of this Agreement by City(the"C mmencement Date") and terminate three (3) years after 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. 20-9042/236027 2 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 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 20-9042/236027 3 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 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. 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. 20-9042/236027 4 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. 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. 20-9042/236027 5 16. Assil4nment 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 which shall not be unreasonably held 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: To City: Contractor: City of Huntington Beach ACCO Engineered Systems Attn: Ken Dills Attn: Andy Lufkin 2000 Main Street 2201 Park Place, Suite 400 Huntington Beach, CA 92648 El Segundo, CA 90245 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 20-9042/236027 6 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. 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 20-9042/236027 7 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. 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 20-9042/236027 8 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. 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. 20-9042/236027 9 35. General Principles CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 -UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext-,idx?tpl=/ecfrbrowse/Title02/2cfr200_main 02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 36. Compliance With Laws And Regulations CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 37. Equal Opportunity CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 38. Affirmative Action Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 39. Non Discrimination CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 20-9042/236027 10 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 40. Byrd Anti-Lobbying Amendment CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each , calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 41. Clean Air Act And Federal Water Pollution Control Act CONSULTANT 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. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 42. Contracting With Small And Minority Businesses, Women's Business Enterprises, And Labor Surplus Area Firms CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: 20-9042/236027 11 a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 43. Procurement Of Recovered Materials CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 44. Audit And Inspection CONSULTANT agrees to 'maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 45. Audit Requirement CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). 20-9042/236027 12 46. Effective Date IN Wn-NUS WHEREOF, the parties hereto have coused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by dw City Attonicy. 'niis Agreement shall expire when ternzinated ae provided herein. CONSUL,f wr, CITY OF HUNTINGTON DRACI I, a municipal corporation of the State of ACCl7 ENG1N'tali liU '. '!'ts 1,S C{ n n City Manager •^m pmldant-Finance Eri»t nnme —� INITIATED ED AND APPRUVLD: ITS:(clydc vere)ChairmuOrmiden Li- -1ND -- �� DimTtnrofPublic Works APPROVED AS TO FORM: W (clydcon Secretary kf{�ingmialOffleedAtst. Q Secretary—Tressu w' Date RECEIVE AND FILE; 4�� qW"Ajg"), City Clerk Date I��110 f.2D 20-0042M6029 13 Exhibit A RE: City of Huntington Beach engineered 17631 Cameron Lane systems Huntington Beach,CA 92647 Mechanical Services 818/730-5845 Cell 2201 Park Place _ Suite#400 El Segundo, CA 90245 October 1, 2020 Danny Kaye Totum Consulting Email: danny@totumconsulting.com Phone: (310) 351-0138 Sublect: City of Huntington Beach-Cameron Lane Navigation Center Sprung Structure Reference: 1. Cameron Lane Navigation Center Mechanical Drawings- Dated 08/19/2020 Equipment: 1. Furnish (2) New 15-ton Packaged Heat Pumps 2. Furnish (2) New Exhaust Fans A .MECHANICAL SCOPE GF WORK 1. Furnish and install (2) Packaged Heat Pumps per the mechanical plans a. Provided necessary rigging to install the (2) Heat Pumps b. (2) New Packaged Heat Pumps to be title 24 compliant c. New units to be installed with UV lamps per the mechanical drawings 2. Furnish and install (2) new exhaust fans per the mechanical drawings 3. Install (2) new thermostats in the space per the mechanical drawings 4. Furnish and install new air distribution per the mechanical drawings 5. Fabricate and install condensate drain piping to local approved receptacle for the new units 6. Fabricate and install new ductwork as shown on the plans a. New ductwork to be lined/wrapped per mechanical code requirements 7. Use in-house certified personnel to perform air balance of the system. Upon completion,a certified,stamped report will be furnished in accordance with TABB. 8. Perform start-up of new equipment.ACCO will include internal commissioning utilizing in-house certified personnel. Upon completion, a certified stamped report will be furnished 9. Provide all training and maintenance.and operational manuals at the completion of the project along with all warranty information and procedures. ....... . ... . ._......_.......... ._....._. ... . . ._... .... ....__ - 1 Page RE:City of Huntington Beach Ashk engineered 17631 Cameron Lane systems Huntington Beach,CA 92647 Mechanical Services 818/730-5845 Cell 2201 Park Place _ Suite#400 El Segundo,CA 90245 Mechanical Clarifications: 1. Work to be done during normal working hours. 2, ACCO to dispose of materials offsite 3. ACCO assumes the systems and roofing we are connecting to are mechanically sound 4. Any additional work needed outside of scope of work above will be submit as a supplemental proposal for review and approval 5. Subcontractor's warranty shall be limited to its work on the zone, product, or material that is subject to a warranty claim. Notwithstanding any conflicting terms in the warranty documents or project specifications,Subcontractor's warranty - expressly excludes all labor, materials or other costs related to access in the ceilings or other locations where the warrantied material is located. The owner or general contractor shall be responsible for all labor, material,or other costs necessary to provide Subcontractor with safe access to perform warranty work, including asbestos containment, monitoring,abatement work, opening/closing ceilings,or any other work necessary to grant Subcontractor safe access to the warrantied item in accordance with applicable OSHA standards, all of which must be provided prior to Subcontractor's warranty work. 6. Parking is assumed to be provided onsite Mechanical Exclusions: 1. Electrical scope of work 2. Plumbing scope of work 3. Engineering, CAD Drawings and/or 3D BIM Modeling 4. Permit.fees 5. GC scope of work: Roof curbs, equipment pads,opening of walls,coring, etc 6. Temporary HVAC Units 7. All after hours work 8. All fire smoke dampers 9. Any duct pressure testing 10. Abatement or any work around hazardous materials.ACCO assumes area to be fully abated&cleared of asbestos. 11. Concealed system issues/existing unforeseen conditions or repairs for code upgrades to existing systems. 12. Parking fees 13. Point load analysis that shows the weight of each hanger and reaction to the structure 2 Page Exhibit B RE:City of Huntington Beach engineered 17631 Cameron Lane Systems Huntington Beach, CA 92647 Mechanical.Services 818 J 730-5845 Cell 2201 Park Place _ Suite#400 El Segundo,CA 90245 PRICING $102,888.00 Proposal Terms: This proposal is valid for 30 days unless otherwise indicated.Thank you for this opportunity to quote this project and we look forward to working with you.Should you have any questions or require additional information, please call. Respectfully, ACCO Engineered Systems Andy Lufkin John Reuter Oscar Villalobos Project Manager Project Manager Project Engineer (818)730-5845 (818)730-5782 (424)394-8559 3 Page AON January 10, 2020 Mr. Carlton Seyforth Corporate Director of Risk ACCO Engineered Systems, Inc. 888 East Walnut Street Pasadena, California 91201 Re: ACCO Engineered Systems, Inc. Insurance Deductibles Dear Carlton, ACCO Engineered Systems deductibles for General Liability, Workers Compensation and Auto Liability coverage are fully collateralized. The carrier,Arch Insurance/Arch Indemnity Insurance Company, is responsible for payment of all losses regardless of the deductible amount for each line of coverage. ACCO Engineered Systems, Inc. is responsible for all losses up to its deductible obligation. In case where ACCO Engineered Systems, Inc. cannot or does not meets its deductible obligation, Arch will draw from the collateral it holds for the full amount of the loss but no more than the respective deductible. Under a deductible program, the carrier will not look to the indemnified party for any contribution of the latter. Please let me know if you have any questions. Best Regards, Bill Hyndman Senior Account Specialist Aon Risk Insurance Services Aon Risk Insurance Services West,Inc.I Construction Services Group 707 Wilshire Boulevard,Suite 2600 1 Los Angeles CA 90017 t+t 213.630.3200 I aon.com CA License#0363334 ® DAT 09/1 /2020 VY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS d CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES Y BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED = REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: � Aon Risk Insurance Services west, Inc. PHONE Ext): (866) 283-7122 FAX (800) 363-0105 N LOS An eles CA office ( No.): 707 wil shire Boulevard E-MAIL o Suite 2600 ADDRESS: _ LOS Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC N INSURED INSURER A: Arch Insurance Company 11150 ACCO Engineered Systems, Inc. INSURERB: Arch Indemnity Insurance Company 30830 888 East walnut Street Pasadena CA 91101 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570083914824 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 INSR LTR TYPE OF INSURANCE UULNSD UBF11 POLICY NUMBER MM/DD/YY POLICY Y XP LIMITS A X COMMERCIAL GENERAL LIABILITY 1PKG 4 EACH OCCURRENCE $2,000,000 CLAIMS MADE XDAMAGE TO RENILU ❑OCCUR PREMISES Ea occurrence $300,OOO MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $2,000,000 N GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY E JE ❑X LOC PRODUCTS-COMP/OPAGG $4,000,000 m C, OTHER A 71PKG8949203 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,OOO,OOO Ea accident X ANY AUTO BODILY INJURY(Per person) O Z OWNED SCHEDULED BODILY INJURY(Per accident) Cl AUTOS ONLY AUTOS cc PROPERTY DAMAGE NON-OWNED HIRED AUTOS U ONLY AUTOS ONLY (Per accident G/ UMBRELLA LAB HOCCUR EACH OCCURRENCE L) EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND 71WC18949103 10/01/2020 10/01/2021 X PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N AOS ER ANv PROPRIETOR l PARTNER/EXECUTIVE AP u,�i E.L.EACH ACCIDENT $1,000,000 B OFFICER.MIEMBER EXCLUDED? M N/A 74WC18949003 ivy 1��1fR `� (Mandatory in NFI) CA, OR l E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- q ICHAEL E GATES CITY AT l RNEY j DESCRIPTION OF OPERATIONS,LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Re: Service/ All Operations][AI: City of Huntington Beach, its agents, officers, and employees]is/are included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable ' endorsement with respect to the General Liability policy. General Liability evidenced herein is Primary and Non-Contributory to other insurance available to the additional insured, but only to the extent required by written contract with the insured. A waiver of Subrogation is granted in favor of Additional Insured as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability, Automobile Liability and workers Compensation policies. CERTIFICATE HOLDER CANCELLATION 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 Huntington Beach AUTHORIZED REPRESENTATIVE Attn: Risk Management Department Mato Street Hunt Huntington Beach CA 92648 USA c(X►y'P/ clJ� i%YJ/ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 71PKG8949203 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) All parties where required by a written contract Where required by written contract 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. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or on in the performance of your ongoing operations for behalf of the additional insured(s) at the location the additional insured(s) at the location(s) of the covered operations has been completed; designated above. or However. 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will engaged in performing operations for a principal not be broader than that which you are required as a part of the same project. by the contract or agreement to provide for such additional insured. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 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 required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contractor agreement;or CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: 71PKG8949203 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) All parties where required by a written contract Where required by written contract 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 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 pay on behalf of the additional insured is the amount described in the Schedule of this endorsement of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contractor 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 by This endorsement shall not increase the applicable 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 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:71 PKG8949203 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 SCHEDULE Name Of Person Or Organization: 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 the loss Information required to complete this Schedule,if not shown above,will be shown in the Declarations. 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. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: 71 PKG8949203 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Applies to all construction projects of the insured unless otherwise excluded Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,ex-cept General Aggregate Limit shown in the Decla- damages because of"bodily injury"or"property rations, such limits will be subject to the appli- damage" included in the "products-completed cable Designated Construction Project Gen- operations hazard", and for medi-cal expenses eral Aggregate Limit. under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. Wroduccoverage et or liability arising out is the obligated to pay as damages caused by occur- p p p p rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable;and signs, specifications or timetables, the project will still be deemed to be the same construction pro- 2. Such payments shall not reduce any Desig- ject. nated Construction Project General Aggre-gate E. The provisions of Section III — Limits Of Insur- Limit. ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc.,2008 CG 26 03 05 09 POLICY NUMBER:71 PKG8949203 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. 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: October 1, 2020 SCHEDULE Name(s)Of Person(s)Or Organization(s): 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 the loss 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 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 71 PKG8949203 COMMERCIAL GENERAL LIABILITY CG 20 010413 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 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVEROF OUR RIGHTTO RECOVERFROM OTHERS ENDORSEMENT- CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be INCL % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-20 Policy No.74WCI8949003 Endorsement No. InsuredACCO ENGINEERED SYSTEMS, INC. Premium$ INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. From the WCIRB's California Workers Compensation Insurance Forms Manual©1999. 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. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-20 Policy No. 71WCI8949103 Endorsement No. InsuredACCO ENGINEERED SYSTEMS, INC. Premiums INCL. Insurance Company ARCH INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. r CITY OF HUNTINGTON BEACH ;r Rider to Emergency Requisition Emergency Purchase Justification DATE: 10/6/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: HVAC - Navigation Center SOURCE: ACCO Engineered Systems THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. UTHORIZATION IDAWRzl� Department Head (3.03.080 ( ) Dat Chief Financial Officer(3.02.190 (b)) D to ity Manager Date Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's "Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https:/hvw�v.cdc.gov/coronavirus/2019-neov/co=unity/homeless-shelters/plan-prepare- respond.html) and HUD guidance "Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchange.info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19(SIMPLIFIED ACQUISITION THRESHOLD) TO COMPLETE WHEN PURCHASING GOODS AND/OR SERVICES <$250,000 DEPARTMENT Public Works PREPARER Ken Dills DATE 11/9/20 DEPT HEAD Sean Crumby DESCRIBE PURPOSE OF REQUEST:(Please describe how this request is related to the COVID-19 event) Installation of HVAC at the Cameron Lane Homeless Navigation Center The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing,and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's"Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019(COVID-19)" ( https://www.cde.Cov/coronavirus/2019-ncov/conununity/homeless-shelters/plan-prepare-respond.html ) and HUD guidance"Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchan.e.info/public/resources/documents/Specific-Considerations-for-Public-Hcalth- Autliorities-to-Limit-Infection-Risk-Ainong-People-Experiencing-Homelessness.pdf). 1. JDE Account Number: 24540002.82800 2. Method of Procurement: What procurement method was used? 0 Micro-Purchase/P-Card (<$10,000) t 3 Small Purchase($10,000-$249,999) ❑ Sole Source (Unique or public emergency.The justification for using this method should be thorough and detailed to support the organization's decision—please attach justification to this document if sole sourcing is used) 3. Contractor suspension or debarment check-Document that the selected contractor is not suspended or debarred by performing an exclusion search at https://www.sam.gov/SAM/``pages/­public/searchRecords/search.is and including the search results. (Documents the search by selecting 'Save PDF". The resulting report will include the search terms and results. Explain any results for similar names that showed up in the search. Your funding source may require you to check additional lists.) Is a copy of the suspension/debarment check attached to this document?(REQUIRED) V Yes 4. Quotes(Cost/Price Analysis)-Are copies of the quotes obtained attached to this document(applicable for purchases $10,000 and above)? Yes Fl No I 1 N/A DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19(SIMPLIFIED ACQUISITION THRESHOLD) Initial Confirm the following: The attached (number of quotes)constitute the cost/price analysis for this procurement. If the lowest quote obtained was not used, is the reasoning for the selection attached to this form? `U' Yes 11 No ❑ N/A 5. Contract Provisions: For all procurements utilizing contracts,confirm that all applicable provisions listed below are included. Provision Applicability Included? Administrative,contractual or legal All contracts in excess of the Simplified remedies where contractors violate Acquisition Threshold ($250k) or breach contract terms Termination for cause and Contracts in excess of$10,000 convenience Equal Employment Opportunity All Federally assisted construction contracts Davis-Bacon Act when required by Construction in excess of$2,000 Federal program legislation Copeland Anti-Kickback Act Construction or repair contracts in excess of$2,000 Contract Work Hours and Safety Contracts in excess of$100,000 that Standards Act involve employment of mechanics or laborers Rights to Inventions Made Under a Federal awards meeting the definition of Contract or Agreement "funding agreement" under 37 CFR 401.2 (NOT applicable for Stafford Act Disaster Grants) Byrd Anti-Lobbying Clause Contractors who apply or bid for an award of$100,000 or more must file the required certification Clean Air Act and Federal Water Contracts and sub grants in excess of Pollution Control Act $150,000 Procurement of Recovered/Recycled Contracts involving the use of materials materials clause Debarment and Suspension All SAM Search Results List of records matching your search for Search Term :Acco Engineered Systems,Inc.* Record Status: Active ENTITY Acco Engineered Systems, Inc. Status: Active DUNS: 006905558 +4: CAGE Code: 99714 DoDAAC: Expiration Date: 07/30/2021 Has Active Exclusion?: No Debt Subject to Offset?: No 3 Address: 888 East Walnut St City: Pasadena State/Province: CALIFORNIA ZIP Code: 91101-1895 Country: UNITED STATES = October 07,2020 10:42 AM hltps://www.sam.gov Page 1 of 1 yrs:e' Huntington Beach Navigation VAC Cost Comparison fa naDlitfy Scope ACCO Artic Westco Based on 8/19/20 Drawings Based on 8/19/2020 Drawings Based on 9/08/20 Drawings Bid Date 10/1/20 10/5/20 9/25/20 Prevailing Wage Yes Yes Yes Heat Pumps 2 2 2 Exhaust Fans 2 2 2 UV Lamps 2 2 2 Thermostats 2 2 2 Condensate Drain Piping INC. Not Included Not Included Air Distribution INC. INC. INC. Ductwork INC. INC. INC. Stamped Report INC. INC. INC. Commissioning/Air Balance INC. INC. INC. Concrete Pad Not Included 2 INC. Supply/Return Grills INC. INC. INC. Power Exhaust Economizer 2 2 2 Start Up INC. INC. INC. Exclusions Electrical Scope Plumbing scope After Hours Labor Engineering, CAD Drawings, 3D Modeling Reviewed by Totum Permit Fees Danny Kaye, Principal Roof Curbs �ntegrat=d Equipment Pads d e s i g n construction Coring management Temporary HVAC Units 4; sustahlabiiity Fire Smoke Dampers t O t U m Duct Pressure Testing Approved Not Approve Abatement Final praft Unforeseen/Hidden Conditions Point Load Analysis Parking Fees Total $ 102,888.00 $ 145,637.00 $ 139,888.00 RE:City of Huntington Beach engineered 17631 Cameron Lane systems Huntington Beach, CA 92647 Mechanical Services 818/730-5845 Cell 2201 Park Place Suite#400 El Segundo, CA 90245 October 1,2020 Danny Kaye n Totum Consulting Email: danny@totumconsulting.com Phone: (310)351-0138 Subject: City of Huntington Beach-Cameron Lane Navigation Center Sprung Structure Reference: 1. Cameron Lane Navigation Center Mechanical Drawings- Dated 08/19/2020 Equipment: 1. Furnish (2) New 15-ton Packaged Heat Pumps 2. Furnish (2) New Exhaust Fans A. MECHANICAL SCOPE OF WORK 1. Furnish and install(2) Packaged Heat Pumps per the mechanical plans a. Provided necessary rigging to install the (2) Heat Pumps b. (2) New Packaged Heat Pumps to be title 24 compliant c. New units to be installed with UV lamps per the mechanical drawings 2. Furnish and install (2) new exhaust fans per the mechanical drawings 3. Install(2)new thermostats in the space per the mechanical drawings 4. Furnish and install new air distribution per the mechanical drawings 5. Fabricate and install condensate drain piping to local approved receptacle for the new units 6. Fabricate and install new ductwork as shown on the plans a. New ductwork to be lined/wrapped per mechanical code requirements 7. Use in-house certified personnel to perform air balance of the system. Upon completion,a certified, stamped report will be furnished in accordance with TABB. 8. Perform start-up of new equipment.ACCO will include internal commissioning utilizing in-house certified personnel. Upon completion, a certified stamped report will be furnished 9. Provide all training and maintenance and operational manuals at the completion of the project along with all warranty information and procedures. .... 1 Page RE:City of Huntington Beach AMILengineered 17631 Cameron Lane systems Huntington Beach,CA 92647 Mechanical Services 818/730-5845 Cell 2201 Park Place Suite#400 Ell Segundo,CA 90245 Mechanical Clarifications: i 1. Work to be done during normal working hours. 2, ACCO to dispose of materials offsfte 3. ACCO assumes the systems and roofing we are connecting to are mechanically sound 4. Any additional work needed outside of scope of work above will be submit as a supplemental proposal for review and approval 5. Subcontractor's warranty shall be limited to its work on the zone,product,or material that is subject to a warranty claim. Notwithstanding any conflicting terms in the warranty documents or project specifications,Subcontractor's warranty expressly excludes all labor,materials or other costs related to access in the ceilings or other locations where the warrantied material is located. The owner or general contractor shall be responsible for all labor,material g P ,or other costs necessary to provide Subcontractor with safe access to perform warranty work, including asbestos containment,monitoring,abatement work,opening/closing ceilings,or any other work necessary to grant Subcontractor safe access to the warrantied Item in accordance with applicable OSHA standards,all of which must be provided prior to Subcontractor's warranty work. 6. Parking is assumed to be provided onsite Mechanical Exclusions: 1. Efectrlcal scope of work 2. Plumbing scope of work 3. Engineering,CAD Drawings and/or 3D BIM Modeling 4. Permit fees 5. GC scope of work: Roof curbs,equipment pads,opening of walls,coring,etc 6. Temporary HVAC Units 7. All after hours work 8. All fire smoke dampers 9. Any duct pressure testing 10. Abatement or any work around hazardous materials.ACCO assumes area to be fully abated&cleared of asbestos, 11. Concealed system issues/existing unforeseen conditions or repairs for code upgrades to existing systems. 12. Parking fees 13. Point load analysis that shows the weight of each hanger and reaction to the structure Exhibit B RE:City of Huntington Beach engineered 17631 Cameron Lane Systems Huntington Beach,CA 92647 Mechanical Services 818/730-5845 Cell 2201 Park Place _ Suite#400 El Segundo,CA 90245 PF;ICING,;; �... :102,888.00 Proposal Terms: - This proposal Is valid for 30 days unless otherwise indicated.Thank you for this opportunity to quote this project and we look forward to working with you.Should you have any questions or require additional Information,please call. Respectfully, ACCO Engineered Systems Andy Lufkin John Reuter Oscar Villalobos Project Manager Project Manager Project Engineer (818)730-5845 (818)730-5782 (424)394-8559 _.---.._.._...._.____..---.._._...._.__......_-.------___..._...........__.._....__.._.._...._...-----.----........................__.._._......__...---._.__..._�_.....__.. 3 Page Aw ARCTIC 14350 CHEROKEE PLACE a COOLING CHINO,CA91710 INFO@ARCTICC9,70 211100LSYS.COM SYSTEMS 1.9 DESIGN•ENGINEERING INSTALLATION•MAINTENANCE•REPAIR WWWARCrICCOOLSYS.COM Installation Proposal/Contract Submittal Date: 10/05/20 Customer Name: Totum Consulting Project Name:HB-Homeless Shelter Contact Name:Matt Franco Project No: Phone:714-773-2841 Bid document dates furnished by customer: 1)Date of Prints:8/19/20 4)Date of Scope of Work: 2)Date of last Print Revision:None 5)Estimated Project Start Date: 3)Date of Specifications:None 5)Estimated Project Completion Date: We propose to perform the equipment installation and/or services for the location specified above and as detailed in the following Scope of Work.Any additions,changes or revisions to the above dated bid documents or the below scope of work and exclusions will be provided for on a time and material basis only after prior written approval has been received from the owner or customer. SCOPE OF WORK: - • Provide Project Management and Supervision for Mechanical HVAC work • Project performed on Straight time • Provide and install(2)15 ton Heat pump package units per schedule and specs on M1.0 • Provide two 12'x 9'x 10"concrete pads for HVAC units • Provide and install(2)Exhaust fans per schedule and specs(electrical by others) • Provide and install(1)new Supply Air grill and (1)Return Air Grill per M1.0 • Provide and install(2)new Louvers per drawing and specs with motorized BDD's(electrical to BDD's by others) • Provide and install(2)UV lights in RA duct per Drawings and Specs (electrical by others) • Provide and install Power Exhaust and Economizers on new Heat Pumps per plans(separate electrical by others) • Provide and install rigid sheet metal and Ductwork per plans on M1.0 • Provide and install Fabric"DuctSox"Supply and Return per Plans M1.0 • Provide and install duct transitions per plans • Provide and install Thermostats • Provide and install control panel and controllers per controls SOO • Provide and install controls programming to effect controls SOO on plans • Provide and install low voltage control wiring (low voltage conduit by electricao • Start-up HVAC equipment • Perform air balance per plans • Provide all submittals and close out documents Grand Total of proposal: $145,637.00* westca r J� �,r�f� � -63' SERVICE COMPANY (�ii;�'5' 6'T.: i Quotation Date: 9/25/2020 To: Totum Consulting Attention: Estimating Department Project: HHB Nav Sprung Quoted Price: $ 139,888.00 Terms: Progressive billing,Net 30,Quotation is valid for 30 days. Scope of Work: Per Mechanical drawings by Ex Nova dated 09/08/2020,including labor and material to: 1. Provide and install(2)new 15-ton packaged heat pumps including economizer,vibration isolation,LTV lamps,thermostats,and thermostat covers. 2. Provide and install(2)rooftop exhaust air fans including curbs. 3. Provide labor to install(2)duct mounted smoke detectors(furnished and wired by others). 4. Provide and install(2)new Durkee Soxs. 5. Provide and install(2)new louvers. 6. Provide and install(3)new pieces of air distribution. 7. Provide and install new sheet metal ductwork as shown on plans including volume dampers where shown. 8. Provide HVAC permit and(1)off hours shut down test. 9. Provide subcontractor to perform air balance including written report. 10. Provide material and labor to insulate all new concealed supply and return air ductwork. 11. Provide one year warranty. Exclusions: Furnishing/wiring of smoke detectors,installation/removal/repair of ceiling tile or grid,off hours work,fire life safety work,all conduit including low voltage conduit,painting,concrete pads/platforms,cutting,patching,engineering,plan check fees,plan check corrections,upgrade/repair and warranty of existing HVAC systems,temporary air conditioning,paid parking,offsite parking. Submitted By:Henry Williams Should you have any questions,please do not hesitate to call(818)504-6353., MBE#SC07182 License#670542 WBE#2005124679 Page I 1