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HomeMy WebLinkAboutVariable Speed Solutions Inc. - 2021-05-01 SLRVICF AGREFME,NT BFTWU N THE. CITY OF HUNTINGTON BEACH AND VARIABLE SPEED SOLUTIONS INC. FOR CENTRAL PARK IRRIGATION BOOSTER PUMP AND MOTOR RFPLACENIENT THIS AGIZI [:MENT ("Agreement") is made and entered into by and between the City of 1-Irmtington Beach a municipal corporation of the State of California, hereinafter called "City." and Variable Speed Solutions Inc.. a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of MUNICIPAL IRRIGATION BOOSTER PUMP AND MOTOR RE-PLACEMENT. 13. 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 perfbmied 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, THERI-FORF, it is agreed by City and Contractor as follows: 1. Scone of Services Contractor shall provide all services as described in Lxhibit "A" which is attached hereto and incorporated into this Agreement b_v this relcrence. These services shall sometimes hereinafter be referred to as the "Project/Service." Contractor hereby designates BRIAN PAVLOFF who shall represent it and be its sole contact and agent in all consultations with Cit• 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. Page I of 10 VSS AGNIT 2021AIT 3. Compensation a. City agrccs to pay. and Contractor agrees to accept as total payment for its services. the rates and charees identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed $67.428.68 during the term of this Agreement. b. Pavmcnt 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. 4. Term Timc is of the essence regarding the Project/Service and execution of this Agreement. The services of Contractor are to continence MAY I. 2021 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate DECEMBER 30, 2021. unless terminated earlier in accordance with the provisions ofthis Agreement. All tasks specified in Exhibit "A" shall be completed at the frequencv. time. and schedule indicated in Exhibit "A 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. i. 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 hcrcundcr, including. without limitation, all original drawings, designs; reports, both field and office notices. calculations computer code. language, data 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 Prgjcct completion, whichever shall occur lirst. These materials may be used by City as it sees tit. 7. Hold Harmless Contractor hereby aorces to protect, defend, indemnify and hold harmless Citv. its officers. elected or appointed officials, employees, accnts, 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 Pag 2 01 10 VSS AGNI[ 202 LV'R 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 indirectl employed by any of them or anyone for whose acts 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 ol'the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount ol'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 Liahilitc Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indenniiiv Citv. Contractor shall obtain and furnish to Cit_v, 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 clinics, against any and all claims arising out or in connection with the ProjecUScrvice. and shall provide coverage in not Tess than the following amount: combined sinulc limit bodily injunv and property damage, including products/completed operations liability and blanket contractual liabilit. of One Million Dollars ($).000,(l00) per occurrence. If coverage is provided under a Form which includes a designated general aggregate limit. the aggregate limit must be no Tess than One ✓Million Dollars ($1.000.000) for this Project/Service. This policy shall name City, its oflicers. 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. face 3 of 11) VSS M;M 12021APR 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 ttMillion Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsennent" page listing both the policy number and naming the "C'iq, of lluntillgton Beach, its nJficerc, elected cuncUar appointed ojfrcials, employeees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, ''dcductible" or any other 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. 'file requirement for carrying the foregoing insurance coverage shall not derogate from Contractors 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 hcreinabove required. 12. Independent Contractor Contractor is, and shall be. acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security-, state disability insurance compensation, Unemployment compensation and other payroll deductions for Contractor and its officers. agents and employees and all business licenses. if any. in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests. direct or indirect. which would conflict in any manner with performance of' services speciiicd under this Agrecnnent. Pagc 4 of 10 V5S AGNfr 2u21APR 14. Termination This Agreement may be terminated by the City upon thirty (30) daws 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 ol'such notice of termination. subject to the following conditions: a. As a condition of such payment, the Director max, 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 to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made fbr work which lirils to meet the stardard of' performance specified in the Recitals of this Agreement. Ia. Exclusivity and Amendment This Agreement represents the complete and cXclusive 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 obli,,ate Contractor or the Citv. Each party to this Agreement acknowledges that no representations, inducements. promises or agreements. orally or otherwise. have been made by any party, or anyone acting on behalf of any party. which are not embodied herein. 16. Assignment Inasmuch as 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 abilit 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 oflicial 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. IS. Notices Any notices. certificates. or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the Page 5 oI 10 VSS AGM 1 2021APR situation shall warrant; or by enclosing the same in a scaled 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 mail-return receipt requested: fo City: To Contractor: City of Fluntington Beach Variable Speed Solutions Inc. Public Works Attn: Brian. Pavloff. President Attn: Denny Bacon, Operations Manager 16182 Gothard, #1 cc: Justin Torres. Landscape Maintenance Sup. Huntington Beach, CA 92647 2000 Main Street Huntington Beach, CA 92648 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 he 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 al lest the construction or interpretation of any provision of this Agrcement. 22. Interpretation of this Agreement I 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 Agrcement. 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 conuary 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. I'age 6 of 10 VSS AGAil'202rAPK 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and Signed in counterparts as duplicate originals, each of which so exeCUted shall. irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall. in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of anv subcontractor work involving legal services, and that such legal services are expressiv outside the scope of services contemplated hereunder. Contractor understands that pursuant to Hunfh (,fon Beach Ofiv Charter Section 309. the Citv 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. Confidentialitv Contractor recognizes that in the performance of its duties under this Agreement, it nutst 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 cffbrts 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 governed 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. Pace 7 of 10 VSS AGAIT 202IA IT 29. Professional Licenses Contractor shall. throughout the term of this Agreement, maintain all necessary licenses. permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of' the United States. the State ol' California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses. approvals, waivers. and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorneys 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 attorneys fees. such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement. which by their sense and contest survive the expiration or termination of this Agreement. shall so survive. 32. Governing Law "['his Aerecmcin shall be Governed and construed in accordance with the laws of the State of California. 33. Signatories Lath 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 igjurics or damages to City in the event that such authority or power is not. in fact, held by the signatury 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 CxeCUled this Agreement in reliance on any representation, inducement, promise. agreement warranty. fact or circunlstancc not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fullv set forth in the body of this Agreement. Page 8 of 10 VSS AGATr 2021AIT 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 Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: Brain Pavl President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia By: 11 INITIATED AND AP D: A✓f/ prim namc ITS: (circle one) Chain ✓Presiden ice President AND Pu is orks trector By: APPROVED AS TO FORM: 1 int namc ITSw Financial (circle c ecretary ice-President/Chief neChief -j� y Attorney Financial Officer sst. , crctary- Treasurer RE WED AND APPROVED: City Manager RECEIVED: u � City Clerk S (/fZcal Pagc 9 or I o V SS AGMT 2021 A PR EXHIBIT A ATTACHMENTS Variable Speed Solutions Inc. Proposal. Quotation Number: VSS-21-4830679080 Proposal Includes: 1. Statement of Work 2. Pricing: 'Dotal Project Cost Not to Paceed $67,428.68 Paige 10 o1 10 VSS AGhfr 202 MIT tORIABLE EED LUTIONS INC. 1647 Coot M 5trwt Uni Hun6n w Bach C4 9ziW LI 74447 5957 ran 714647-60611 PROPOSAL _ - March 25.2021 City of Huntington Beach Central Park Goldenwest Street Huntington Beach,CA 92647 Quotation Number:VSS-21-4830679080 Requirements:650 GPM at 270 FT TDH per pump Supply Power:460/3/60 Turbine Can Depth:65.94"(Confirmed) Turbine Can Size:18"Pipe(Confirmed) Dear Sir,thank you for your interest in Variable Speed Solutions. In accordance wnh our,job walk, documents emailed,and planetbid details please see our detailed proposal as follows Statement of Work GENERAL -Contractor workers will conduct safety training prior to starting work at project site. -Contractor should notify maintenance personnel for any concerns onsite All installations shall comply with 2019 California Electrical Code(CEC)and 2020 National Electrical Code(NEC) -Contractor to provide schedule of project prior to work - Electrical and Equipment installations are performed by authorized-dealer Power OH • Coordinate with plant maintenance personnel prior to performing any work to existing Pump Station • Apply Lockout AND Tag out(LOTO)to main service breakers • Verify power is turned off and power cables and DSC control wiring are secured(Not Exposed) Disassemble of existing Motors and Pumps • Disassemble the existing Motors and Pumps and any other associated components as required. • Remove existing Motors and Pumps and any other components associated with them and site clear. 16182 Gothard al Huntington Beach Ca.92647/Office 714-947 5957, Fax 714 847-5958 Municipal water Variable Speed Drive and Pumping Specialists CA Lkll 665995 tORIA BLE EED LUTIONS INC. IB'.a2 C.oeuN sl a um 1 Hu"VW Be•di C4 92647 TO 7t1-a17-057 Fax 714-017-595a Pump and Motor Installation • Provide crane,rigging,and all labor/materials to Install new Motors and Pumps that meets the specification per the manufacturing installation instructions. • Connect power cables and terminated into the new motors per NEC Existing cable from VFD to motor are usable and adequate in length. In case additional wires or cables are required,it is the responsibility of contractor to provide additional wire or cables at no additional cost to the City • Check complete installation • Provide proper impeller lift adjustments to new pumps. • Coordinate with plant maintenance personnel prior to turning on power to remove LOTO prior to start-up of system. • Provide factory-authorized start-up per manufacture guidelines • Perform equipment commissioning that meets City of San of Huntington Beach specifications • Provide training of system operation. • Submit documentation of new pumps and motors ircluding as-built-installation manuals, electrical Schematics,Technical manuals,Instructional manuals, Electrical drawings and any other documentation specifically related to the VFO equipment and installations. EQUIPMENT 1 Ea. Custom assembled close coupled canned vertical turbine pumps and motors. Built under IS09001:2015 certification. Pumps • 2 Ea. 60 HP Gould's Model 11CLC SSTG Vertical Turbine Pumps, (82.2%Efficiency),each rated for 650 GPM @ 270'TDH including station losses.To include. C Cast Iron Bowls w/316 Investment cast SS Impellers c. 416SS Stainless Steel Shafting c 416SS impeller collets o Water lubricated line shaft bearings 5 ft.spacing o Chesterton Mechanical Seal o Fabricated Steel,fusion Bonded Epoxy Discharge Heads o Stainless Steel Pump Strainer o Close Coupled Pump and Motor 60 HP, 1800 RPM,480/3/60, premium efficient,Vertical Hollow Shah Motors with motor space heaters, steady bushings,and non-reverse ratchets 16192 Gothard al Huntington Beach Ca.92647/Office 714.847-5957,Fax 714-947-5959 Municipal Wate,Variable Speed Drive and Pumping Specialists CA Lica 665995 YOLRIABLE EDUTIONS INC. 16192 Go .ra Strut Una I Huntington Bute Ca.92 7 TN 71�!Pi7-5957 Fax 71F847-5958 PRICING EQUIPMENT COST:... .. .. .--. .. . . . . . . . . . . ... . . . . . . . . .. $56,370.00 Sales Tax @ 7.75%.......... ... .. . . ... $4,368.68 ESTIMATED FREIGHT $1,800.00 INSTALLATION COST: .. ....... .. . . .. . ............. .... . ...... $4,890.00 START UP C05T: ... .. . .. .. ........... ......... .. . ... . ...... . $INCLUDED TOTAL PROJECT COST:..... .. . .. . ....... ........... ... ... . . . . $67,428.68 FOB:Dallas Texas Lead Time: 10-12 weeks after approved drawings and submittals EXCLUSIONS Overtime Labor Any item not specifically mentioned in the above proposal GENERAL EXCLUSIONS: •This quotation is valid for ninety(90)days and is limited to items specifically listed herein. •Submittals: Standard product manual and IOM included. • Field services, startup service/training provided only as specifically included above and provided by Variable Speed Solutions(CA Lit:665995)or factory. • If additional field service is required,it will be quoted by VSS subject to current rates at time of requested service. • Factory Limited Warranty TERMS AND CONDITIONS OF SALE PAYMENT TERMS: PER BID DOCUMENTS Sincerely, Accepted: Brian Pavloff Signature Brian Pavloff President Date 16182 Gothard RI Huntington Beach Ca.92647/Office 714-847-5957,Fax 714-947-5958 Municipal Water Variable Speed Drive and Pumping Specialists CA Lich 665995 toRIABLE EED LUTIONS INC. REFERENCES / QUALIFICATIONS FOR CITY OF HUNTINGTON BEACH Central Park Irrigation Booster Pump & Motor Replacement 1. La Costa Resort & Spa 2100 Costa Del Sol Road Carlsbad, CA 92009 Scope: 75HP Motor Replacement Start date:06/11/2020 End date: 06/12/2020 David Smallwood, 808-268-6187 david.smallwood@omnihotels.com 2. The Crossings At Carlsbad 5800 The Crossings Drive Carlsbad, CA 92008 Scope:Vertical Axial Flow Pump Replacement Start date: 08/14/2019 End date: 08/15/2019 Chris Hayman, 760-505-5752 chayman@jcresorts com 3. Newport Beach Country Club One Clubhouse Drive Newport Beach, CA 92660 Scope: Pump Replacement Start date: 06/13/2019 End date: 07/12/2019 Scot Dey, 949-729-1630 sdey@newportbeachcc.com 16182 Gothard Streel,Unrt I,Huntington Beech CA 92646 Ph 714-847 5957 r F 714-847-5958 CA L1CS 665995 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is 5300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCRJActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://cfaing.dir.c&gov/P WCR/Sc=h.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid,or no later than contract award date. Vgriable-Soeed &,Il 15 FTf/)c- Contractor ri paq �o By rpside�f- Datc: 3 a Title CONTRACTORS C�Ca STATE EENSE LICENSE Re 665995 _CORP VARIABLE SPEED SOLUTIONS INC ._....,. C20 CIO .r.� 05l31f2022 www cs b ca gov G:y of H tIunRcon Beach But Rnulcs for Project Cenral Park Itd6atlon 00mte1 Pump and Motor Repbceme0t 130I10 301 Issued on 03/03/2022 8A Due on April 02.2021 4 W PM(PDTI 6Panrd on 34/D6/20n Line Totals(Um:Price'CPuru:y) Item Nam SeccOn Item Cade Description Reference Unit of Measure Quamlly Variade Speed Salutiont Inc. Pens Bro,Machine Cora CoOzvuaOrz Inc Weber Water Resources U,LLC PumpMan wail 1.Required Tatalfor Pumpand Malor RVPla1emen1 lot 1 567,428.59 91,9M35 S101.000.00 5111,895.92 5150,940.00 Sublatal S62,428.68 S11,988.75 5101,000.00 5111.895.92 5150,940W Ton1 S67,428.68 571.989,75 $101,ccom 5111,89592 S15W940.00 Uni:Pl. Item Num Sellipn Item Cph Description Reference Unit of Measure Quantity VarYNe Speed Solutlpm W, Pewen Brot.Machine Con Contttup ors Inc Weber Water Retourcn CA.LLC pumPMan SoCaI 1 Required Total for Pump and Motor Replacement lot 1 562,a28.68 $71,9U.75 S101.000.00 5111,895.92 S150,940.00 �'raaaaf VARISPE-01 SRAJ CERTIFICATE OF LIABILITY INSURANCE [ �alaor2ozl YI 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 pollcy(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the forms and conditions of the policy,certain policles may require an endorsement. A statement on this conlficate does not confer rights to the certificate holder In Hall of such ondorsement s . PRODUCER Llcense fi 0757776 c r CT Gall Schrenk HUB International Insurance Services Inc. PHONE PAX PO Box 6345 _(arc,Ne,Ea)_(951)779-8763 lorc NA: 951 231-2572 Riverside,CA 92617 APPROVED AS TO FORM -Mss.Cal.CPU @ Hubinternational.com SNSURE AFFORDING COVERAGE NAIC4 By.: ai INSURERA:Landmark American Insurance Company 33138 INSURED MICHAEL E.GATES INSURER a:Travelers Casualty Insurance Company of Americ 19046 CITY ATTORNEY NatIonal Union Fire Insurance Company of Pittsburgh,PA Variable Speed So 14Tide INSURER C: P Y 9 19445 16182 Gothard SIT e LI IGFIUNTINGTON BEACH INSURERo;Oak River Insurance Company 34630 Huntington Beach,CA 92647 INSURER E: INSURER F: COVERAGES CERTIFICATE UMBER: REVISION NUMBER: THIS IS TO CERTIFY 7MAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEU10 THE INSURED NAMEOABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY UE 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. IL SR TYPE OF INSURANCE !Anal DR! POLICY NUMBER POLICY EFF POLICY E%P LIMITS A X COMNERCIALGENERILDABILIN 1,000,000 f ' OCCURRENCE $ CWMStMADE f1 OCCUR X DAMAG 1 RENTED., 60,000 LHA141057 612312020 5/23/2021 X Ded Per Occ$2,600 6,000 M[U EXP(Arty MR anon PERSONAL a AM INJURY } 1,000,000 G_E_Nt AUURECAI E LIMI T APPL11d6 PIi R: G P K AT 11 21000,000 POLICY EXIn DLOC PROOl1CTS-COMPIOP ADD } 2.000,000 OTHER B AUTOMOBILE LIAINUTY COMBINED SINGLE LIMI I 1000000 fEllueckkalt X ANY AUTO X BA7N4915871 611912020 611912021 BODILY INJURY Ler Rersonl_ OWNED SCHEOMED AUTCS ONLY _ AUUTTOSSWNEp UQDI:e INJURY Per accidcN X A11fWS ONLY X AN8 US ONLY PPa PncrJtlw4 AGE X !7Canp S CO3'I Ded -- C UMBRELLALIAa X OCCUR EACH OCCURRENCE 1 51000,000 X EXCESS LIAR CLAueS.MAOE 061442865 5/2312020 5/23/2021 AGGREGATE 6,000,000 OF.O I X I RETENTION S 0 D WORKERS COMPENSATION X PER IOn/- AND EMPLOYERT UASILITY STATUTE — ER ANY RMDWTNIEFF VAWC108326 1011/2020 1011/2021 1,000,000T YII NIA Ell.FACH ACCOFNTOFnCRaIME%CLUO. i n 1RT tl sa ddscrMa!Rl0d ondcr EL DISEASE-EA EMPLOYE 1,000,000 ICN r OPERATIONS Wd,, E.i. ASE-POLICY LIND 1,000,000 , I DESCRIPTION OFOPERATIONSJ LOCATIONS I VEHICLES (ACORD 101,Additional Ramerks Schedule,may Its attached It mere space Is requhedl Excess Liability Follows Form:GL,Auto&WC. Revised 413012021-This certificate rescinds and supersedes any and all prior certificates Issued on behalf of the Named Insured. The City of Huntington Beach,Its officors,elected or appolntad officials,employees,agents and volunteers are Additional Insured with regard to General I Liability par the attached endorsoment form RSG16020 071%Primary&Non-Contributory warding applies with regard to General Liability when required by I written contract par the attached endorsement form CG2001 04113.Additional Insured with regard to Auto Liability when required by written contract par the attached endorsement form CAT42007MO. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ADOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN 2000 Main Street, ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIILEE/fOD REPRESENTATIVE tl __ ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights roserved. The ACORD name and logo are registered marks of ACORD , LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers,elected,or appointed officials, agents &volunteers 2000 Main Street _IHuntington Beach, CA 92648 _ (If no entry appears above, information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or crganization(s) shown in the SCHEDULE, but only with respect to liability for"bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or'your work'defined for the additional insured(s) designated above included in the"products-completed operations hazard". This endorsement effective 5/23/2020 farms part of Policy Number LHA141057 issued to VARIABLE SPEED SOLUTIONS, INC. by Landmark American Insurance Company RSG 15020 0715 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission Policy Number: LHA141057 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 ! ! THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION t/ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance Is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and ! CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Variable Speed Solutions Inc. Policy Number.BA7Nd915871 COMMERCIAL AUTO Effective Dates:06/19/2020 to 06/19/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II — LIABILITY COV- 2. The following replaces Paragraph b. in B.5., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance (2) Any covered "auto" hired or rented by applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an "insured" under the that individual "employee's" name, Who Is An Insured provision contained in Section with your permission, while perform- II. Ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. However, any "auto" that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — Lk covered"auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em_ An Insured, of SECTION II — LIABILITY COV• ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 0 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO I I Any "employee" of yours is an "insured"while us- (3) If a repair or replacement results in better ing a covered"auto" you don't own, hire or borrow than like kind or quality, we will not pay for the in your business or your personal affairs. amount of betterment. j D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned j 1. The following replaces Paragraph A.2.a.(2) of covered"auto". SECTION II—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- j cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of an "accident" we cover. We do not have to furnish (b) Any "auto" that is hired, rented or bor- these bonds. rowed from your"employee". 2. The following replaces Paragraph A.2.a.(4) of G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT SECTION II—LIABILITY COVERAGE: The following replaces the first sentence in Para- (4) All reasonable expenses incurred by the graph A.4.a., Transportation Expenses, of I "insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- turfed by you because of the total theft of a cov- TION I— COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads, Paragraph C.2.. Limit Of Insurance, of SEC- j F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA., Cover- deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE i If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass Is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to the following: The following Is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" in any one DAMAGE COVERAGE: "accident" to a hired, rented or borrowed I "auto" is the lesser of: Personal Effects Coverage (a) $50,000, We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen properly as of the time of the (1) Owned by an"insured"; and "loss"; or (2) In or on your covered"auto". j (c) The cost of repairing or replacing the This coverage only applies in (he event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". Page 2 of 3 ®2010 The Travelers Indemnity Company.All rights reserved. CA T4 20 07 10 Includes copyrighted malarial of Insurance Services Office,Inc.with Its permisslon. I COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the slons, of SECTION III — PHYSICAL DAMAGE time of the"loss": COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to 'loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of 'loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.1b. and A.1.c., but sor; only: (d) Costs for extended warranties, Credit Life a. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty; and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss" to a covered "auto"of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident' or 'loss", pro- erage is provided, we will pay any unpaid amount vided that the"accident'or"loss"arises out of due on the lease or loan for such covered "auto" the operations contemplated by such con- less the following: tract. The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto". and CA T4 20 07 10 02010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc,with its permission. CONTRACT SUMMARY and ROUTING SLIP SERVICE AGRF.EiMENT BETWEEN CITY OF HUNFINGTON BEACH AND VARIABLE SPLED SOLUTIONS INC. FOR CENTRAL PARK IRRIGATION PUMP AND MOTOR REPLACEMENT ISSUING DEPT/REQUESTED BY: Public Works STAFF CONTACT: Carlina Thomas, Lzt. 5692 BUDGETED: Yes— funds are available and budgeted for this purpose in 10040314.64620 VENDOR: VARIABLE SPEED SOLUTIONS INC. SERVICES: Removal and replacement ol'Central Park irrigation motor and pump. BASIS OF AWARD: formal competitive bids per 1-113\qC 3.02.070 (13). CONTRACT AMOUNT: Not to exceed $67,428.68. CONTRACT DURATION: May 1. 2021 — December 30, 2021. NOTES: PLEASE ROUTE "I'O: City Attorney Citv Manaecr City Clerk City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NN,%wv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk May 7, 2021 Variable Speed Solutions, Inc. Attn: Brian Pavloff, President 16182 Gothard Street, Suite #1 Huntington Beach, CA 92647 Dear Mr. Pavloff: Enclosed is a copy of the "Service Agreement between the City of Huntington Beach and Variable Speed Solutions, Inc. for Central Park Irrigation Booster Pump and Motor Replacement." Sincerely, 9,4�6 " Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan Waitakere, New Zealand