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HomeMy WebLinkAboutVariable Speed Solutions Inc; 2018-01-09; GS1653GS1653 AGREEMENT FOR VARIABLE SPEED DRIVE PREVENTATIVE MAINTENANCE SERVICES AT SAFETY TRAINING CENTER VARIABLE SPEED SOLUTIONS, INC. THIS AGREEMENT is made and entered into as of the q ft-1., day of jc·1nVClnA , 20__lB, by and between the CITY OF CARL~BAD, a municipal corporation, ("city"), and VARIABLE SPEED SOLUTIONS, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a variable speed drive service provider that is experienced with variable speed drive preventative maintenance. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of five (5) years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will eight thousand five hundred dollars ($8,500), not to exceed, one thousand seven hundred ($1,700) per agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Variable Speed Drive Annual Maint. City Attorney Approved Version 9/27 /17 GS1653 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes D No [8] 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. Variable Speed Drive Annual Maint. City Attorney Approved Version 9/27 /17 2 GS1653 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Variable Speed Drive Annual Maint. City Attorney Approved Version 9/27/17 3 GS1653 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey, Publi W s Director as Authorized by th'e City Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:_-1~~~-----+---- Deputy City Attorney Variable Speed Drive Annual Maint. City Attorney Approved Version 9/27/17 4 GS1653 EXHIBIT "A" SCOPE OF SERVICES 1. Variable Speed Solutions, Inc., will provide the preventative maintenance services and checks listed for each piece of equipment as outlined on the equipment schedule, Table A 1, as applicable and on an annual (one-time per year) basis at the Safety Training Center located at 5750 Orion St., Carlsbad, CA 92010. These services are intended to ensure proper functioning of equipment and to reduce equipment downtime. 2. Annual routine maintenance within the scope below includes all labor and travel to perform the inspection, maintenance, and efficiency analysis as listed. Normal maintenance materials are included in this agreement. The costs of labor for repair work, emergency service calls, and parts replacements outside of established equipment warranties, are not included in this agreement. Any repairs or replacement of equipment items that are not preventative in nature will require a separate repair contract which will be initiated by the City. 3. Each maintenance inspection will be scheduled in accordance with the conditions of this agreement. Maintenance will be conducted based on the manufacturer's recommendations for proper equipment functioning and Contractor's experience in maintaining variable speed drive components. • Perform static check of power components. • Perform visual inspection of all components. • Perform infrared thermal imaging analysis. • Review fault log. • Check all connections. • Check all ribbon cables. • Perform MEG OHEM test on motor if system permits. • Check for proper grounding. • Check DC BUSS voltage. • Check DC balance resistors. • Check DC inductor. • Check heat sink cooling fans. • Check DC power supply. • Check gate driver circuits. • Check process follower calibration. • Check PID controller. • Check analog inputs. • Check analog outputs. • Check transistors. • Clean all processor boards with high pressure nitrogen. • Clean cooling grilles. • Check DC BUSS for AC ripple content. • Check fiber optic connectors. • Check rotation in bypass. • Check rotation in drive mode. • Check bypass contactor. • Check input contactor. Variable Speed Drive Annual Maint City Attorney Approved Version 9/27 /17 5 GS1653 • Check output contactor. • Check input current and compare for balanced reading. • Check output current and compare for balanced reading. • Check all parameter settings for optimum performance. • Check output current and compare to motor nameplate data. • Check for proper programing and updates. Equipment Schedule Unit Description VFD Location VFD Model No. VFD Serial No. Motor Size (HP) 100 Yard Rani:ie Exhaust Fan EF-S1-10 134F9406 000522H277 25 100 Yard Range Exhaust Fan EF-S1-9 134F1414 000216H277 10 100 Yard Range Supply Fan SF-S1-4 131X8275 000416H277 5 100 Yard Rani:ie Suooly Fan SF-S1-5 131X8275 000216H277 5 25 Yard Range Exhaust Fan EF-S1-6 135U2422 000622H287 20 25 Yard Range Exhaust Fan EF-S1-8 131X8057 000322H277 40 25 Yard Rani:ie Supply Fan SF-S1-1 131X8275 000616H277 5 25 Yard Ranoe Supply Fan SF-S1-2 131X8275 000516H277 5 25 Yard Range Supply Fan SF-S1-3 131X8275 000316H277 5 Table A1. 4. After each annual maintenance service, a detailed equipment performance and inspection report will be provided to the City Project Manager. 5. Annual Total Cost not to exceed: $1,700.00 (Includes Labor, taxes, and materials). Variable Speed Drive Annual Maint. City Attorney Approved Version 9/27 /17 6 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 1/2/2018 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~/:1rt\;1 HELEN SHERLOCK TRI WORLD INSURANCE AGENCY INC rJSNNEo Extl: (949)756-0863 I Fffc No\(949)756-1356 4000 Birch Street, Ste 201B ~~kss hsherlock@trlworldins.com Newport Beach, CA 92660 INSURERIS) AFFORDING COVERAGE NAJC# 800-617-8428 LANDMARK AMERICAN INS. CO. A+XIV 33138 INSURER A INSURED INSURER B ALLSTATE INSURANCE COMPANY A+XV 19232 VARIABLE SPEED SOLUTIONS, INC. INSURER C AIG SPECIAL TY INSURANCE CO. AXV 26883 16182 GOTHARD ST., SUITE I INSURER D SECURITY NATIONAL INS CO. AXIV 19879 HUNTINGTON BEACH, CA 92647 INSURER E We-::, 1 ERN !:>URETY 1..uMPANY AXIII 13188 INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS lNSR TYPE OF INSURANCE ADDL SUt>K 1,J~5~ ,J~B~ LIMITS Lm INSR. WVD POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 >--X COMMERCIAL GENERAL LIABILITY P~ISEJ ~E~r:~~ence\ $ 100,000 -D CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $ 5,000 A y LHA139475 05/23/17 05/23/18 PERSONAL & ADV INJURY $ 1,000,000 >-- >--GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS • COMP/OP AGG s 2,000,000 n POLICY rx 1 ~rRi IILoc $ AUTOMOBILE LIABILITY tE'i:"t~le~tf ""'Lt: LIMI 1 s 1,000,000 >--X ANY AUTO BODILY INJURY (Per person) $ >--ALL OWNED ~ SCHEDULED 648669996 06/19/17 06/19/18 B -AUTOS AUTOS BODILY INJURY (Per accident $ X X NON-OWNED rROPERTY DAMAGE $ HIRED AUTOS ALITOS Per acc,denll ->-- $ UMBRELLA LIAB p<--1 OCCUR EACH OCCURRENCE s 5,000,000 C X EXCESS LIAB EBU069601660 05/23/17 05/23/18 s 5,000,000 CLAIMS-MADE AGGREGATE OED I I RETENTION$ NIL COMP OPS s 5,000,000 WORKERS COMPENSATION X I WCSTATU· I 10TH-AND EMPLOYERS' LIABILITY TORY LIMITS ER YIN SWC1168569 10/01/17 10/01/18 s 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE ~ y E L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E L DISEASE -EA EMPLOYE :$ 1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE • POLICY LIMIT s 1,000,000 E DISHONESTY BOND 71571211 11/30/16 11/30/19 $100,000 EACH OCCURRENCE $100,000 AGGREGATE LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) ALL OPERATIONS -CITY OF CARLSBAD/CMWD IS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT W/PRIMARY & NONCONTRIBUTORY CLAUSE IF REQUIRED BY WRITTEN CONTRACT. EXCESS LIABILITY FOLLOWS FORM. THIRTY (30) DAYS NOC APPLIES TO ALL LISTED POLICIES. CERTIFICATE HOLDER CITY OF CARLSBAD/CMWD c/o EXIGIS INS COMPLIANCE SERVICES P. 0. BOX 4668 -ECM #35050 NEW YORK, NY 10163-4668 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD / / LANDMARK AMERICAN INSURANCE COMPANY NAMED INSURED: VARIABLE SPEED SOLUTIONS, INC. POLICY NUMBER: LHA 139475 This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET -PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF CARLSBAD/CMWD DESCRIPTION/LOCATION: ALL OPERATIONS A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(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 omlssions 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". B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVERY FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement form us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Person or Organization CITY OF CARLSBAD/CMWD c/o EXIGIS INS. COMPLIANCE SERVICES P. 0. BOX 4668-ECM #35050 NEW YORK, NY 10163-4668 SCHEDULE Job Description CALIFORNIA OPERATIONS Policy Number: SWC1168569 Insured: VARIABLE SPEED SOLUTIONS, INC. Coverage Provided by: SECURITY NATIONAL INSURANCE COMPANY WC990634 (Ed. 8-00)