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HomeMy WebLinkAboutAscent Elevator Service Inc; 2017-11-06; PWL18-49GSPWL18-49GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Dove Library -Elevator Starter Replacements This letter will serve as an agreement between Ascent Elevator Service, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete the work per Exhibit "A' and City specifications, for a sum not to exceed four thousand four hundred dollars ($4,400). This work is to be completed within thirty (30) working days after issuance of a purchase order. ADDITIONAL REQUIREMENTS City of Carlsbad Business License. 2. The Contractor shall assume the defense pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; 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 which was caused solely by the active negligence of the City; and from any and all claims, 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 amount 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 1s to be placed with California admitted insurers that have a current Best's Key Rating ot 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 nPin;,r·,m to the of the contract by the City. 4. The Contractor shall be aware of and comply with all 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, Gover, lions 1 650, et seq .. and Carlsbad Municipal Code Sections 3.32.025, 6. The Contractor hereby a k owledges that debarment by another jurisdictio~s gro s for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init ~init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdic · n for resolution of any disputes between the arising out of this is San Diego County, California. Dove Library Elevator Starter Replacements -1 -City Attorney Approved 2/29/2016 PWL18-49GS 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 to 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, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Brian Bacardi 760-434-2944 Contractor Contact: iri~~1)~•~"~;.Vi~, ..,_{8~5~8~)=2=0=2-~0~1~1 ~0 ________________ _ CONTRACTOR Ascent Elevator corporation Inc., a California 10320 Camino Santa Ste. A San Diego, CA 92121 P: (858) 202-0110 F: (858) 202-0113 CITY OF CARLSBAD, a municipal corporation of the State of California ~ Elaine Luke/ublicWorks Direct / / ~ , j I as authorized by the City Manager c rft-U C< uS(LC'e.9~ (print name/title) 7 By: Dated: --r-Zav. t;,J dJo/7 (sign here) Lbno~J(!~l:!itf~fru e-k-y' notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and ""''''"''"' assistant secretary, CFO or assistant treasurer must for corporations. 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. City Attorney BY: Deputy City Attorney Dove Library -Elevator Starter Replacements -2 -City Attorney Approved 2/29/2016 TRACKING# EXHIBIT A Contractor to provide all labor, equipment and materials necessary to remove two (2) existing electro- mechanical across-the-line/wye-delta motor starting switches and replace with two (2) new Siemens brand ( or equivalent) solid-state starters. This work is to be conducted at the Dove Library, 1775 Dove Lane Carlsbad, CA 92011. The scope of the work encompasses two elevators at Dove Library where as one removal and replacement will be performed on each elevator. New solid-state starter to include the following features: Current limiting soft start Solid-state motor control r Ramped acceleration Fault detection and isolation Note: Proposal includes all permit and inspection fees if required. All work to be provided during the normal field working hours of Ascent Elevator Services, Inc .. Materials have a 1-year warranty upon installation. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Remove two (2) existing electro-mechanical across-the-$4,400.00 line/wye-delta motor starting switches and replace with two (2) new Siemens brand (or equivalent) solid-state starters TOTAL* $4,400.00 *Includes taxes, fees, expenses and all other costs. Dove Library -Elevator Starter Replacements - 3 -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 Cali~'1/ _ / _ County of d.L::~ ~ ) _ ri On / ,!) /d'f/11 before m~,(.J1d1:c_,5)re; ,a -~~,,ND f&'y /c,_.b/,'~ 7 Date L,,, /} ~ /) J /"J ~Ins,:_~ ~~e and Title of the Officer personally appeared ____ C_;_ ,.,_~ ___ L_,vL __ L_(,,A.....-F __ 1L/4_~-------------- JJD170VCL.r-, Name(s) of Signer(s) /J2c_/{-e e Ve_/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea/ Above ---------------oPnONAL--------------- 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 Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 1 I Corporate Officer -Title(s): ______ _ I Corporate Officer -Title(s): ______ _ l Partner - I Limited i General i Partner - I I Limited , General I Individual Attorney in Fact I Individual ; Attorney in Fact I Trustee Guardian or Conservator ' Trustee Guardian or Conservator l I Other: ______________ _ ! : Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~ '~~~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ASCEN-1 OP ID: DC ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 09/11/2017 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 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 ~2~I~cT Julie Rector ISU Massie & Beck Ins. Serv. rAJgN:o Ext\: 925-283-5750 I rie~ Nol: 925-283-5751 License #0829340 P.O. Box 1272 !tt.{~ss: julie@isumassie.com Lafayette, CA 94549-1272 Dean Sigmundson INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Great American Ins. Comp. 16691 INSURED Ascent Elevator Services Inc. INsuRER B: American Fire & Casualty Co. 10836 DBA: San Francisco Elevator INSURER c: National Union Fire Insurance 19445 Construction Inc. INSURER D: Cypress Insurance Co. 10855 1555 Yosemite Avenue #13 San Francisco, CA 94124 INSURER E: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR o•oC>D un,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 >--DAMAGE Tu RENTt:D A X COMMERCIAL GENERAL LIABILITY X GLP130331100 12/01/2016 12/01/2017 PREMISES (Ea occurrence\ $ 300,000 ~ D CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,00C -GENERAL AGGREGATE $ 4,000,000 - 4,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ .I n POLICY iXl ~rR;: n LOC Max.Aggr. $ 10,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ >-- B X ANY AUTO BAA56397321 03/01/2017 03/01/2018 BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (PER ACCIDENT\ $ ->--X $500Comp X $1000 Coll $ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 - C X EXCESS LIAB CLAIMS-MADE EBU0688800768 12/01/2016 12/01/2017 AGGREGATE $ 5,000,000 ./ OED I I RETENTION $ $ WORKERS COMPENSATION X I WC STATU-I IOTH-AND EMPLOYERS' LIABILITY TORY LIMITS ER D Y/N X ASWC814574 03/01/2017 03/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re Job: City of Carlsbad, various locations. The City of Carlsbad, its officials, employees and volunteers are included as Additional Insured regarding General Liability as per the attached endorsement.Coverage is Primary and Non-Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 day cancellation notice, except 10 days for the non-payment CERTIFICATE HOLDER CANCELLATION CITYCAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance AUTHORIZED REPRESENTATIVE Compliance Services ~~ p_Q, Box 4668-ECM#35050 1New York NY 10163-4668 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYCAR 1NSURED'S NAME Ascent Elevator Services Inc. of premium applies. (E,P,W) ASCEN-1 OP ID: DC PAGE 2 Date 09/11/2017 Policy Number: GLP130331100 CG 20 10 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s) Location(s) of Covered Any person or organization that you are required and agreed to name as Any location within the "coverage territory" an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; or, 2. An oral contract or oral agreement with a person or organization when a certifiicate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury". Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II -WHO IS AN INSURED is amended to 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 omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional lnsured(s) at the location(s) designated above. However; 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 lnsured(s) at the location of the covered operations has been completed; or Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13) (Page 1 of 2) 2. 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: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; 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. CG 20 10 (Ed. 04/13) Copyright, ISO Properties, Inc., 2012 (Page 2 of 2) Policy Number: GLP130331100 CG 20 37 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organization(s) Any person or organizationthat you are required and agreed to name as as an additional insured on your policy under: 1. A written contract or agreement that is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Or, 2. An oral contract or an oral agreement with a person or organization where a certificate of insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement is in effect during the term of this policy and such contract is entered into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Schedule Location and Description of Completed Operations Any location within the "coverage territory", and for all completed operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that Additional Insured and included in the "products-completed operations hazard." However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION 111 • LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. required by the contract or agreement; or CG 20 37 (Ed. 04/13) Copyright, ISO Properties, Inc., 201 2 (Page 1 of 2) 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. CG 20 37 (Ed. 04/13) Copyright, ISO Properties, Inc., 201 2 (Page 2 of 2) Policy Number: GLP130331100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non-Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16} K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: This insurance is primary to and will not seek 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 (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. WORKERS COMPEN$ATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC99 04108 (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 yoq to obtain this agreement from us.) i The additional premillm for this endor.sement shall b'e 2% of the total manual premium otherwise due on such remuneration. The mirimum premium for this endorsement Is $350. . This agreement shall rot operate directly or indirectly tb benefit anyone not named in the Schedule. ' ' BLANKET WAIVER Person/Organlzatl~n · Job Description All CA Operations I SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium ···., ________ . ___ . ____ . --.L This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwis~ stated. (The Information below Is required only when this endorsement Is issued subsequent to preparation of the. policy.) Endorsement Effective 03/01/2017 Insured Insurance Company Cypress Insurance Company WC990410B (Ed. 9-14} Policy No. ASWC814574 Endorsement No. Premium$ Countersigned by _____________ _