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HomeMy WebLinkAboutWaterline Technologies, Inc. - 2020-12-20 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WATERLINE TECHNOLOGIES,INC. FOR RE-PLASTERING OF THE EXISTING SWIMMING POOL AT THE CITY GYM & POOL 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 Waterline Technologies, Inc., a California Limited Liability Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial and porter services. 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 Tom Berry, 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. 20-9183/241037 1 3. Compensation 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 Eighty-Three Thousand Nine Hundred Fifty Six Dollars ($83,956). 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 i� /97/.�oZ a14-12 , or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate ninty (90)days after the 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. imposition 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. 20-9183/241037 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 coverage is provided under a form which includes a designated general aggregate limit, 20-9183/241037 3 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. 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. 20-9183/241037 4 12. IndeRendent 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. 20-9183/241037 5 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: To City: Contractor: City of Huntington Beach Waterline Technologies Inc. Attn: Farhad Bolourchi Attn: Tom Berrey 2000 Main Street 620 Santiago Street Huntington Beach, CA 92648 Santa Ana, CA 92701 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. 20-9183/241037 6 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. Du@licate 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 20-9183/241037 7 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 maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement 20-9183/241037 8 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. Entirely (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. 20-9183/241037 9 iII I f 35. Effective Date IN WITNESS W1'`IEREOF,the sties hereto. this.Agreement to.be. 1� execu.ted by and through.their authorized officers.• This:Agivemeji shall..he effective on the date of its approval bythe City Attdrndy, 'This:.Agreetn'enC slxall exp.wr'W,PA.. terminated as: p ovidecl,heref i. CITY OF HUNT1NGT.ON BEACIj,. CONSUIy'I'ANT; � a;municipal.corparatfon.d�the State,of Woperline Techriologfes,:.Iric.• C"rnia I i g t 9 B: �� City Ilrlatzagcr , Thomas R Berrey INITIATED RAND APPROVED: � prtnt,tl�zna � ITS; (circle arse) Ghairmmfflresident/Vice ` President. Director of communityServioas j f AND APPROVED AS TO FORM: j I B . y= City Attorney..OpIkAw Ixo-It, print name Date. � FTS: (circle.one) SecretarylCl ierThIanc al Officer/Asst....:Seaxetaty—I'Treasuref RECET:VE.AND FILE; E City Cleric Date. i i i 20-9183/24103.7 10 COUNTERPART 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a r2pkicipal corporation of the State of Waterline Technologies, Inc. lifo is By: City Manager ``-- INITIATED AND APPROVED: print name w ITS: (circle one) Chairman/President/Vice President Director of Community Services AND APPROVED AS TO FORM: By: I ► I.�-� City Attorney print name Date ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date COUNTERPART 20-9183/241037 10 Exhibit A ♦ O;. / REQUEST FOR QUALIFICATIONS FOR City Gym and Pool Facility Improvement Location: City Gym&Pool 1600 Palm Ave,Huntington Beach,CA 92648 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT Released on: Friday, October 30,2020 Submittal Deadline: no later than 4pm, Friday, November 13,2020 Exhibit A 1. BACKGROUND City Gym and Pool is located at 1600 Palm Ave in City of Huntington Beach. The facility built in 1931 and was last renovated back in the 90's. This supervised facility offers cultural classes, swim lessons, basketball courts, swimming pool and checkout of table games, pool and ping- pong. The city Gym and Pool is available to the public on the reservation basis,with advance coordination with the community services staff members and resources. Page 12 Exhibit A 2. SCOPE OF WORK The existing City Gym and Pool facility was built back in 1931, and have not been renovated in the recent years. The last major improvement to this facility was during the late 90's, and early 2000. As part of the city of Huntington Beach Capital Improvement Project Community Services Department is initiating range of improvements at this facility. One major improvement is the re-plastering of the existing pool at this facility. This improvement will require to demo and remove the existing plaster within the swimming pool to provide and install all new plaster. This work should include replacement of VGB main drain covers by saw cutting below waterline tile and around the depth line to maintain existing time. City maintains the option to install new entry handrails. The scope of work below will require the pool to be out of operation for approximately 4-6 weeks with plaster and startup. This Job will require a pre-plaster and post-plaster Inspection as well as a plaster-only permit that the contractor is obligated to apply and obtain from the County of Orange Environmental Health Department prior to conducting this work. This project will improve and enhance the existing deteriorated facility poor condition, and will provide an improve amenities for the public, as well as once completed the improvement will help expand the programming opportunities by the department at this facility. City of Huntington Beach have evaluated the existing pool condition and determined the need for new plaster based on the evaluation and the existing condition. This improvement will help enhance the safety of the property and continues to provide an improve quality for the use of the facility swimming pool. The reference improvement to the City Gym and Pool is part of the ongoing City of Huntington Beach Capital Improvement Program effort, which maintains public safety, and it prevents further deterioration to the site amenities by the ongoing maintenance and improvements at this facility. Page 13 Exhibit A 3. SPECIFICATIONS AND SERVICE PERFORMANCE STANDARDS Please see below project scope, permit requirement and specification to demo and remove the existing plaster within the facility swimming pool and to provide and install the new plaster,which include furnish labor, equipment and materials require for delivering and completing this project at city Gym and Pool. Labor is based on prevailing wage rate for this job, as require complying with DIR. Your cost shall include labor, materials, tax, testing equipment, travel and standard parts necessary to perform the stated scope of work. See bellow requirement and line items identified for this project task; - This project task will include replacement of VGB main drain covers. The work require saw cutting below waterline tile and around the depth line to maintain existing time. City maintains the option to install new entry handrails. - The scope of work for this project task will require the pool to be out of operation for approximately 4-6 weeks with plaster and startup. Job will require a pre-plaster and post-plaster inspection as well as a plaster-only permit. - Contractor is responsible to apply for all permits require by the County of Orange Environmental Health Department, and meet all the conditions and inspection set by the County representative and meet the condition of this permit prior to implementing the plastering work at the City Gym and Pool Facility. - Arrive prior to demo to install submersible pumps and drain pool and wader. - Remove existing pool plaster with pneumatic chisels to gunite shell. - Clean and treat remaining tile to remove any existing algae. - Wash and clean entire surface in preparation of plaster. - Mix on site and apply 2-3 coats of standard white plaster to pool structure. - Install new VGB approved main drain suction grate covers for each pool and wader. - Fill pool with water and restart circulation while isolating chemical supply. - Plaster startup - 5 day brushing&vacuuming start up service. - Install two(2)ADA compliant 3-bend entry handrails. - Note that due to the historical characteristic of the building, some original tiles within the vicinity of the pool cannot be removed, and if damage shall be replace by the contractor to match existing. Page 14 Exhibit A 4. EVALUATION CRITERIA and License Requirement The City's consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFQ requirements B. Understanding of the project C. Recent experience in conducting similar scope,complexity,and magnitude for other public agencies D. Educational background, work experience, and directly related consulting experiences E. Price F. References G. Contractor shall maintane Califronia state license and bond, B General Building Contrator ,C53- Swimming Pool Contractor, D35-Pool & Spa Maintenance license is required for this project. Selection Schedule The anticipated selection schedule is as follows: TASK DATE 1. Release RFQ October 30th, 2020 2. Deadline for submitting questions for clarification: Nov 5th,2020 3. Issue Response(s) to RFQ Questions (if any): Nov 9th,2020 4. Deadline for submitting proposals Nov 13th, 2020 5. Complete RFQ Review and Evaluation: Nov 20th, 2020 6. RFQ Selection,Notice of Intent to Nov27th, 2020 Award/recommendation 7. Construction NTP Dec 1 st, 2020 A. Conflict of Interest RFQ responses received by the City are subject to all standard City contracting requirements. VI—ATTACHMENTS Attachment 1 - Aerial View Page 15 Exhibit A Attachment 2 - Site Map/City Gym Photo t� i �i { Page 6 Attachment I Aerial View Exhibit A CO El { T600Paim Avenue �a 3 Page Ask MORS Ask 11 III INN INN awllll plllll F imp 4xv t `A2jl ask ama Ask mu \� -AMMOMM e INN "O"Ift 'Amomw gal III City of Huntington Beach Page 1 Exhibit B City Pool Replaster(2020-1113),bidding on November 13,2020 4:00 PM(Pacific) Printed 11/1612020 Bid Results Bidder Details Vendor Name Waterline Technologies Inc. Address 620 Santaigo Street Santa Ana,CA 92701 United States Respondee Tom Berrey Respondee Title GM Phone 714-564-9100 Ext. Email tberrey@waterlinetech.com Vendor Type Bid Detail Bid Format Electronic Submitted November 11,2020 10:22:27 AM(Pacific) Delivery Method 4 Days ARO Bid Responsive Bid Status Submitted Confirmation# 233889 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type bid docs City Gym and Pool facility Improvement RFQ.pdf Response File Line Items Discount Terms no discount Type Item Code UOM Qty Unit Price Line Total Discount Comment Section 1 1 Materials to Complete Scope of Work ea 1 $67,620.0000 $67,620.0000 $67,620,0000 R&R Plaster 2 Labor to Complete Scope of Work ea 1 $4,300.0000 $4,300,0000 $4,300.0000 Glass beads to clean tile 3 Misc Items to be included to complete Scope of Work ea 1 $11,205.0000 $11,205.0000 $11,205.0000 VGB, HANDRAIL, GRABRAILS 4 Sales Tax 7.75%on Materials to complete Scope of Work ea 1 $831.0000 $831.0000 $831.0000 Subtotal $83,956.0000 $83,956,0000 Total $63,956.0000 $83,956.0000 "lanotElds,Inc. '4� CERTIFICATE OF LIABILITY INSURANCE ��(� ' ,2/U7/Z020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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 endorsements. PRODUCER NAME:CT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE HOME OFFICE:P.O.BOX 328 A C, . xt E :888-333-4949 IAAIC No:507-46-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC 9 INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 308-577-6 INSURER B: WATERLINE TECHNOLOGIES INC INSURER C: 620 N SANTIAGO ST SANTA ANA,CA 92701-3942 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:251 REVISION NUMBER:2 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. INSR TYPE OF INSURANCE DL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYri MMIDDIYYri X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREM SES Ea RENTED $100,000 MED EXP(Any one person) EXCLUDED A Y N 0623485 08/15/2020 08/15/2021 PERSONAL&ADV INJURY $1,000,000 GEWLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑PRO­ JECTT ❑LOC PRODUCTS-COMPIOP AGO $2,DOO,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ace den $,,000,ODO X ANY AUTO BODILY INJURY(Per person) A OWNED AUTOS ONLY AUTOSULED N N 0623485 08/15/2020 08/15/2021 BODILY INJURY(Per accidenp HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per acdden X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $15,000,000 A M EXCESS LIAB CLAIMS-MADE N N 0623486 08/15/2020 08/15/2021 AGGREGATE $15,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE 0E Y/N AND EMPLOYERS'LIABILITY ER ANY PROPRIETORIPARTNER/EXECUTIVE F7 E.L EACH ACCIDENT OFFICERIMEMBER EXCLUDED? "NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE It yes,describe under DESCRIPTION OF OPERATIONS halo. E.L DISEASE-POLICY LIMIT APPRO D AS TO FORM DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,may he affidhed it more spare is required) SEE ATTACHED PAGE B ` ICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION 308-577-6 2512 CITY OF HUNTINGTON BEACH PUBLIC WORKS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648-2702 ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1SM-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2018103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 308-577-6 LOC it A II..� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY WATERLINE TECHNOLOGIES INC 620 N SANTIAGO ST POl1CY NUMBER SEE CERTIFICATE##2512 SANTA ANA,CA 92701-3942 CODE CARRIER NAIC SEE CERTIFICATE##2512 EFFECTIVE DATE.SEE CERTIFICATE##251.2 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY ITY INSURANCE RE: 1600 PALM AVE. HUNTINGTON BEACH, CA 92648 THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS ENDORSEMENT. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101(2008101) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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 Condition and supersedes any provision to the or 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 © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 Policy Number: 0623485 Transaction Effective Date: 08-15-2020 POLICY NUMBER: 0623485 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) Or Organizations: Location(s) Of Covered Operations CITY OF HUNTINGTON BEACH See IL-F-40-0022 PUBLIC WORKS 2000 MAIN ST HUNTINGTON BEACH CA 92648 nformation 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", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" 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 in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted by intended use by any person or organization law; and other than another contractor or subcontractor engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. 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. WATERLINE TECHNOLOGIES INC 620 N SANTIAGO ST SANTA ANA CA 92701 © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 10 04 13 Policy Number: 0623485 Transaction Effective Date: 12-07-2020 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 contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Policy Number: 0623485 Transaction Effective Date: 12-07-2020 EXTENSION ENDORSEMENT Extension - CG 20 10-CITY OF HUNTINGTON BEACH ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY WITH RESPECT TO NAMED INSURED'S COMMERCIAL (NON-RESIDENTIAL/NON-RESIDENTIAL PROJECT) POOL WORK AT: 1600 PALM AVE. HUNTINGTON BEACH, CA 92648. ADDITIONAL INSUREDS INCLUDE: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. IL-F-40-0022 (05-10) Policy Number: 0623485 Transaction Effective Date: 12-07-2020 POLICY NUMBER:0623485 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations CITY OF HUNTINGTON BEACH See IL-F-40-0021 PUBLIC WORKS 2000 MAIN ST HUNTINGTON BEACH CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s)shown in the Schedule, but only with Section III - Limits Of Insurance: respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by "your required by a contract or agreement, the most we work" at the location designated and described in will pay on behalf of the additional insured is the the Schedule of this endorsement performed for amount of insurance: that additional insured and included in the 1. Required by the contract or agreement; or "products-completed operations hazard". However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional 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 is Limits of Insurance shown in the Declarations. 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. WATERLINE TECHNOLOGIES INC 620 N SANTIAGO ST SANTA ANA CA 92701 © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 37 04 13 Policy Number: 0623485 Transaction Effective Date: 12-03-2020 EXTENSION ENDORSEMENT Extension -CG 20 37- CITY OF HUNTINGTON BEACH ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY WITH RESPECT TO NAMED INSURED'S COMMERCIAL (NON-RESIDENTIAL/NON-RESIDENTIAL PROJECT) POOL WORK AT: 1600 PALM AVE. HUNTINGTON BEACH, CA 92648. ADDITIONAL INSUREDS INCLUDE: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. IL-F-40-0021 (05-10) Policy Number: 0623485 Transaction Effective Date: 12-03-2020 S ity COMMUNITY SERVICES DEPARTMENT Bea6o INSURANCE INFORMATION Date: December 8, 2020 To: Justin Wessel or Allison Esquetini To: Scott Field RMinsurance@surfcity-hb.org City Attorney's Office Risk Management Division From: Charlene Gomez Please input the following insurance information into the Certificate of Insurance database on behalf of the Community Services Department so we may better retrieve the insurance certificate status. Thank you. NAME: Tom Berrey APPLICANT: Waterline Technologies, Inc. RELATED DEPARTMENT: Community Services ❑ Adult Sports ❑ Film Permit ❑ Recreation ❑ Special/Specific Event ❑ Clubhouses ❑ 4th of July ❑ Bounce House ❑ Security Company ❑ Vendor ❑ Class Instructor ❑ Agreement ® Vendor Contract Remarks: This insurance is for the contract with Waterline Tech for the repair of the City Gym's pool. Please contact Charlene Gomez, ext. 5434 if further information is required. Please email cgomez surfcity-hb.org when approved. --------------------------------------------------------------------------------------------------------------------- Risk Management Use Only: ❑ Need more info Type: ❑ Entered into database FEDER�ITED INSURANCEv° Dear Policyholder, Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document(s) have been issued or updated. Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at: Phone: 1-888-333-4949 Fax: 507-446-4664 E-mail: clientcontactcenter@fedins.com Thank you for your business! Client Contact Center Enclosed: Certificate Document(s) MISC-0829 (04-13)