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HomeMy WebLinkAboutAdaptaspace Inc; 2024-11-18; PWM25-3618FACPWM25-3618FAC Eoc Furnishings Installation - Cont. No. 4715 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EMERGENCY OPERATIONS CENTER FURNISHINGS INSTALLATION; CONT. NO. 4715 This contract is made on the ______________ day of _________________________, 2024 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Adaptaspace Inc., a Canadian corporation, whose principal place of business is 6423 30th Street, Calgary, Alberta, Canada T2C 1R4 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Steven Stewart (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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 Contract constitute “public works” under California Labor Code Section 1720 et seq., and 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 Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 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 Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 November 18th Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.S requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION . Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2. arb.ca .gov/our-work/programs/ advanced-clean-fleet s. CALIFORNIA AIR RESOURCES BOARD (CARB} IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the ProjeE:t. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer apprmres otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at ht tp<a://a pps:.apple.com /us/app/procore-const ruction-m anagement/id3 749305 4 2 or Android devices located at https://play.google.com/store/apps/details?id-com.procore.activities with the Procore App installed to at least one on-site individual to provide rea l-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Proco re for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. Eoc Furnishings Installation -Cont. No. 4715 Page 2 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or fa lsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Cameron Renkas REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have 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. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. Eoc Furnishings Installation -Cont. No. 4715 Page 3 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY: Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resu lting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within two hundred fifty (250) working days after receipt of Notice to Proceed. Eoc Furnishings Installation -Cont. No. 4715 Page 4 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 CONTRACTOR'S INFORMATION. Adaptaspace, Inc. (name of Contractor) N/A (Contractor's license number) N/A (license class. and exp. date) 1000445860 6/30/2025 (DIR registration number/exp. date) PWM25-3618FAC 6423 30th Street (street address) Calgary, Alberta, Canada T2C 1R4 ( city/state/zip) 403-203-2915 (telephone no.) crenkas@adaptaspace.com (e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] Eoc Furnishings Installation -Cont. No. 4715 Page 5 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 CONTRACTOR ADAPTASPACE INC., A Canada corporation • (sign here) Cameron Renkas, President and Chief Financial Officer (print name, title) By: \~M~ (sign here) Marie McGinty Vice-President Business Development (print name, title) PWM25-3618FAC CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ corporation, Contract 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: CINDIE K. McMAHON, City Attorney BY: bitMv ftt-VYt-Ytt Assistant City Attorney Eoc Furnishings Installation -Cont. No. 4715 Page 6 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., %of to be & Expiration Date Classification Total Subcontracted & Expiration Contract Date Allmodular Systems Inc. DIR 1000023880 CA license 918072 9% Installation 21005 Cabot Blvd, Hayward, CA 94545 Exp 6/30/2026 Exp 6/30/2025 Class C61/O34 Total% Subcontracted: 9% ------- The Contractor must perform no less than 50% of the work with its own forces. Eoc Furnishings Installation• Cont. No. 4715 Page 7 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC EXHIBIT B Emeregency Operatoins Center Furnishings Receive, transport and install consoles procured under Agreement PSA25-351SFAC as outlined in the Job Quotation attached as Exhibit "E". JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Lot 1 Labor hours to receive, deliver, install furnishings $37,160.00 2 Lot 1 Payment and Performance Bond $527.63 TOTAL* $37,687.63 *Includes taxes, fees, expenses and all other costs. Eoc Furnishings Installation -Cont. No. 4715 Page 8 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC EXHIBITC Bond No. 108162905 Bond Amount:$37,687.63 LABOR AND M ATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Adaptaspace Inc. (hereinafter designated as the "Principal"), a Contract for: EOC FURNISHINGS CONTRACT NO. 4715 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ADAPTASPACE INC., as Principa l, (hereinafter designated as the "Contractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-seven thousand six hundred eighty-seven dollars and sixty-three cents ($37,687.63), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and t ruly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF TH IS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by t he court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so os to 5ivo o rig ht of oc tio n t o those p e r son ~ or the ir 0issi5 n s in o ny suit brou5 ht upon t:hc b o nd. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor sha ll not exonerate the Surety from its obligations under this bond. Eoc Furnishings Installation -Cont. No. 4715 Page 9 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. ..• --SIGNED AND SEALED, this 12th day of November, 2024. _C,=CV"\~e.r_ .. -" __ R.._e.n_lc:_tt_s_· __ (SEAL) Ki M ·tCJe.. & (;(.ft) b I, n (Principal) J (Surety) (SEAL) By - (Signature) By~~ isir,;ture) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Assistant City Attorney Eoc Furnishings Installation -Cont. No. 4715 Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 ~ TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY Travelers casualty and Surety Company of America, Travelers C~sualty and Surety Company, an~. St. Paul F\~e and Marine lnsu,rance Company are corporations duly organized under the laws of the State of Connecticut (herein collecllvely called the Companies ), and, ~he Compan~es do hereby ma~e, constitute and appoint Kimiye Gamblin of Vancouver , British Columbia , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional underta~ings and other writings obligatory in the nature thereof on behalf of the Companies in their. business o~ guarnnteeing. the fidelity of ~ersons, guaranteeing the perfonnance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 16th day of February, 2024. State of Connecticut City of Hartford SS, By G#~v,~ Presideol On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies. which resolutions are now In full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which remains in full force and effect. Dated this 12 day of November, 2024 . i Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https :ljww 2. a r b. ca. gov/our -work/programs/ use-road-diesel-fueled-fl eets-regu I ati on Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Eoc Furnishings Installation -Cont. No. 4715 Page 11 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 PWM25-3618FAC EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: □ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). IZl The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. No off-road vehicles owned or used. Name of Contractor: :...;A:.:dc:::.a.r<..pt-'>a:.:::s.c.p=-ac:..:e=--:..:..ln:..::c.:.... ___________ _ ' Signature:-~"'----""'~---===============-------- Name: Cameron Renkas Title: President Date: November 14, 2024 Eoc Furnishings Installation -Cont. No. 4715 Page 12 City Attorney Approved 6/5/24 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 adaptaspace [ ] 6423 -30th Street SE, Calgary, Alberta, Canada TIC 1R4 Tel: 403 203 2915 Fax: 403 203 0142 www.adaptaspace.com proposal for: City of Carlsbad -Police and Fire EOC Carlsbad, CA Attention: Jessica Schwartz -Sillman Architects adaptaspace project no. 23-137-2 Rev: G Project Proposal Information Adaptaspace Console Features: As per Drawings: 23-137-01 thru 07 Project Installation: Assumes Single Turnkey Installation Activity During 2024, Non-Union Install, Prevailing Wages With DIR Reporting, Clean and Clear Room Environment, Completed During Normal Working Hours. Payment & Performance Bond: 100% Payment and Performance Bond on Installation Labor Contract; Includes One Year Maintenance Period and Monthly Renewal Premium for Each Month In Excess of 24 Months Project Total In US$: ( Sales Tax Not Included) PWM25-3618FAC; Exhibit "E" Date: October 251 2024 $37,160.00 (A) $527.63 (B) $37,687.63 This quotation is valid for a period of 90 days from the date of issuance. Adaptaspace Inc. reserves the right to revise pricing if the proposal is not accepted and an order is not confirmed within the 90 day period. Payment Terms: 100% Due Net 30 after Installation $37,687.63 + taxes TM ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADD’LLTRINSRD DATE (MM/DD/YYYY) PRODUCER INSURED POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE GENERAL LIABILITY AUTOMOBILE LIABILITY GARAGE LIABILITY EXCESS/UMBRELLA LIABILITY WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence) CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO ALL OWNED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $(Per accident)NON-OWNED AUTOS PROPERTY DAMAGE $(Per accident) AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $OTHER THANAUTO ONLY:AGG $ EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $$ WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08)© ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE BFL CANADA Risk and Insurance Services Inc. 200, 1167 Kensington Crescent NW Calgary, AB T2N 1X7 Continental Casualty Company A MRP2740493 5,000,000 25,000 Primary Non-contribut 5,000,000 Severability of Interes 10,000,000 5,000,000 A MRP2740493 5,000,000 75,000 The City of Carlsbad is included as additional insured for general liability for ongoing and completed operations, on a primary and noncontributory basis when required by written contract.Waiver of subrogation applies to general liability when required by written contract. Cancellation: 30-days' notice of cancellation applies except 10 days for non-payment of premium per policy terms and conditions. City of Carlsbad/CMWD 30c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Tara Gray 09/25/2024 09/26/2024 09/26/2025 09/26/2024 09/26/2025 Adaptaspace Inc. 6423 30 Street SE Calgary, AB T2C 1R4 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 ACORD 25 (2001/08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DISCLAIMER IMPORTANT Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 CNA Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7 CNA CERTIFICATE OF EXEMPTION (out-of-state contractors) WORKERS’ COMPENSATION/ EMPLOYERS’ LIABILITY INSURANCE I, , am the of [insert name] [title] . I hereby certify that [name of company] [name of company] has no employees working in California and is not required by law to maintain California workers’ compensation or employer’s liability insurance. [name of company or corporation] and its employees are covered by workers’ compensation [insert state] insurance. All work will be done in . Should [insert state] employ any person to work in California during the term of [name of company] the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] then workers’ compensation and employer’s liability insurance will be obtained. Executed on this _____ day of _________, 20 , at . _____________________________________ [Name] [Title and name of company] Cameron Renkas President Adaptaspace Inc.Adaptaspace Inc. Adaptaspace Inc. Alberta Alberta Adaptaspace Inc. supply, delivery and installation of EOC consoles 13 November 24 Calgary, Alberta Cameron Renkas President, Adaptaspace Inc. Docusign Envelope ID: BF3D677D-0062-48F5-BFE1-4AB742D5CDA7