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HomeMy WebLinkAboutAddison Sheet Metal Inc; 2017-10-02; PWL18-44GSPWL18-44GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Faraday Rain Gutter Fabrication and Installation This letter wi_ll serve as an agreement between Addison Sheet Metal, Inc., a California corporation (Contractor) and the City of Carls.bad (City). The Contractor will provide all equipment, material and labor necessary to fabricate and install 1 run copper radius gutter at entry door of the City of Carlsbad Faraday Building, per the Contractor's proposal dated March 22, 2017, and City specifications, for a sum not to exceed two thousand five hundred eighty-three dollars forty-four cents dollars ($2,583.44). This work is to be completed within thirty (30) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and _indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from 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 this Contract or yvork; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amourit is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. . 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, G~nment Code ~ons 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et.seq. ~~ init ~ · init 6. The Contractor hereby acknowledges that debarment by another jurisdiction~ ~f_dunds for the City of Carlsbad !o disqualify the Contractor from participating in contract bidding.~ init_ €'\v: init 7. The Contractor agrees and hereby stipulates that the proper venue anqjurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Faraday Rain Gutter Fabrication and Installation - 1 -City Attorney Approved 2/29/2016 PWL18-44GS 8. 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 tq all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verify_ing and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Michael O'Brien 760-421-9158 Contractor Contact: Sean Kirkwood 760-438-1755 CONTRACTOR Addison. Sheet Metal, Inc:, a California corporation 7.238 Ponto Dr. Carlsbad, CA 9201 'i P 760-42.8-1155 F: 760-4~;8-1342 sean@addisonsheetmetal.com By,/\µ ~ Stf\~ iuMwood CEO By: (print name/title) 0------- ign here) Roh,n f-1 ansef'L CFD · (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California · By: .Dated: Elaine Lukey / u ·c Works Director as authorized by the City Manager (Proper notarial acknowleq_gment of execution by Contractor must be attached. ')cc tr ~J,~ h<-~ CA-/t-0 Jc. · Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary urider corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Deputy City Attorney Faraday Rain Gutter Fabrication and Installation - 2 -City Attorney Approved 2/29/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California c~ \\ County of _~1_· .,,_, 1_1 __ \_\l ~\_l_J --;.)\~(~) _____ _ ) 1 ll D\J-(' On ) '~F \ ·, L u5 1. 7 before me, _,_f_,\J~·_'~·-"-~W_i_\_/_1/_11_----'1\b'-=-_-rt-_1 ,f-; __ li--'-1J_h_,: _1 _c _____ _ I Date , Here Insert Name ahd Title of the Officer personally appeared -~~;_,;.,, __ ._,:._A ___ !_,::._;_(_',_vi_.;._. _J __ ~ __ f_-~0~~~1 ~/\~ ___ +-/~. ~.,_-1~; ~ff~~"'------ Naine@ of Signer®,) who proved to me on the basis of satisfactory evidence to be the person@ whose name~ -~are subscribed to the within instrument and acknowledged to me that ~~/they executed the same in ~~their authorized capacit~, and that by ~their signature@} on the instrument the person{® or the entity upon behalf of which the person~acted, executed the instrument. -. ': .. ~,.:'.;-~:,i:;:\ .. ::~,;,-,;;-···,':' 1A(:.:, ..... .)::~~.; .. ~.;. -ii~'.. .. :!..: :i '\-1 ~ .... ,_~ ' F\li\t,.; \/,'it :.~1.~:.,t\) '-·· c: . .,#)\,.iP/. :l!.~1 (~l/(-;J h; t1 ,' /:.:i'. ~) ! :t:; :,-<i·-~~ 1 _ ~~-, Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----·/ WITNESS my hand and officL~~-§eat.=-"'' //.-~> ---~--,,,,.,,--~ ~ _.-· ----. _,-,-_,..-,,-;::_:;::.:. Signature.-~-~~- -~ Signature cffNoia~--- ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D<!Purr~nt . I . IL ,t fta[UN'lj. r-'\ ''.\ /1 .• /, ... 7 Title or Type of Document:t,1'r> \1.., \r-''~1\~5 \,2,-r:ci ,.;, /Document Date: _-.J_,_, _···~1_"_1.J_\_1 __ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ---------- ~~~~~'§-(;,~~~'§-(;,'§-(;,~~'<%_~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ----·-· Exhibit "A" DATE 3/22/2017 SHEET METAL ESTIMATE QUOTED TO: City of Carlsbad, The 1635 Faraday Ave Carlsbad, CA 92008 Customer Phone Customer Fax Customer Cell 760-421-9158 ( Project Contact: l~ -------~-// DESCRIPTION Fabricate and install 1 run of custom copper radius gutter at entry door. Includes two spillway outlets; one at each end of gutter. Pricing reflects State Prevailing Wage consideration. Addison Sheet Metal, Inc. PWCR registration is valid for 2017. Sales Tax ESTIMATE# 4394 Project/ Job: Rep Total 2,583.44 0.00 If you approve this bid, please sign, date and fax to 760-438-1342 or email to: info@addisonsheetmetal.com ESTIMATES VALID FOR 60 DAYS Signature _________________ _ Total $2,583.44 Date -------- Note: An extra charge will be added if a Waiver of Subrogation is required. TELEPHONE 760-438-1755 FAX 760-438-1342 ~RD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 09/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jenn Hewett NAME: Whiteboard Risk & Insurance Solutions, LLC iA~gN:0 Ext\: (858)223-1170 I r:,~, No): (858)299-0130 3665 Ruffin Rd. E-MAIL solutions@whiteboardrisk.com ADDRESS: Suite 307 INSURER(S) AFFORDING COVERAGE NAIC # / San Diego CA 92123 INSURER A: Colony Insurance Company 39993 INSURED INSURERS: West American Insurance Company 44393 Addison Sheet Metal Inc. INSURER C: Falls Lake Fire & Casualty Company 15884 7238 Ponto Rd. INSURER D: INSURER E: Carlsbad CA 92011 INSURER F: COVERAGES CERTIFICATE NUMBER: CL 179101949 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. INSR ~· POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDNYYY) (MM/DDNYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,__ ~ CLAIMS-MADE [81 OCCUR UMIVtn.\,.;JL ... I U P.Ll'I I t:.LJ PREMISES /Ea occurrence\ $ 100,000 ,__ ,__ MED EXP (Any one person) s 5,000 A y 103GL001977300 09/01/2017 ,__ 09/01/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl [81 PRO-DLOC PRODUCTS -COMP/OP AGG 2,000,000 POLICY JECT $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED B AUTOS ONLY AUTOS BAW56881186 09/01/2017 09/01/2018 BODILY INJURY (Per accident) $ -HIRED ,__ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ -,__ Uninsured motorist $ 1,000,000 UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 -A X EXCESS LIAB CLAIMS-MADE XS172547 09/01/2017 09/01/2018 AGGREGATE $ 2,000,000 / OED I I RETENTION $ $ WORKERS COMPENSATION XI ~ifTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE ~ y FLA003255-00 01/01/2017 01/01/2018 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under s 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation of reduction in coverage by the City Clerk of the City of Carlsbad, California. Waiver of Subrogation for the workers compensation applies per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 c--:::..:....~~~-\e,..vv-e_:,{:l-- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: 103GL001977300 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES ()R CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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 for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-01-2017 Insured Addison Sheet Metal, Inc. (A Corp) Policy No. FLA003255-00 Insurance Company Falls Lake Fire & Casualty Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.