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HomeMy WebLinkAboutAscent Elevator Services Inc; 2018-01-18; PWL18-93GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FARADAY ELEVATOR REPAIR -REPLACE MICROSCAN PWL 18-93GS This RATIFICATION OF LETTER OF AGREEMENT between Ascent Elevator Services, Inc., a_S,alifornia cor. oration, (Contractor) and the City of Carlsbad (City) is entered into as of the /<J<-d--'.-1-day of --H~.I-'--."""""""-e,,c__,""'""c-v'---------' 2018, but effective as of December 14, 2017, r~he work pe med for the Far ay Elevator Repair -Replace Microscan. The Contractor provided all equipment, material and labor necessary for work performed per Exhibit "A" and City specifications, for a sum not to exceed one thousand five hundred dollars ($1,500). This work was completed within four (4) working days after the Notice to Proceed was issued. Upon full execution, the Letter of Agreement is ratified. 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 hmmless the City, c1nd its agents, officers, officials, employees and volunteers, from all claims, loss, di:1mage, 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 damage which was caused solely by the active negligence of the City; ::rncJ 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 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 is to be placed with California admitted insurers that have a current Best's Key Rclting of not less than "A-:VI I"; 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, Government Cod~1~~~0, et seq., and Carlsbad Municipal Code Sections 3.32.025, ~-~ init · · 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Cmlsbad to disqualify the Contractor from participating in contract bidding. ~ ini~nit Farc1d:1y r::1evator Repair Replace Microscan --1 --City Attorney Approved 2/29/2016 PWL 18-93GS 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 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: Michael O'Brien 760-421-9158 Contractor Contact: Randy Davidson 858-202-0110 CONTRACTOR ASCENT ELEVATOR SERVICES, INC., a California corporation 10320 Camino Santa Fe, Suite A San Diego, CA 92121 P: 858-202-0110 trina@asccntelevator.com (sign ere) LIM~Y!&:LeJ~~~;~(; ~_a~ CITY OF CARLSBAD, a municipal corporation of the State of California By:df #1>· -.......... Td . ··----- Elaine Lukey / Public Works Director as authorized by the City Manager Dated: J-l& ') 8 -----------···· ·····---···-····-· (Proper notarial acknowledgment of execution by Contractor must be attached. 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 under 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 Elevzilor Repair Replace Microscan --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 Cali~ j ~~ ~ County of d&-/!l..e~ -=.-) ;' On J/lf/lg beforemeJ?~fe/~k>a-~u~1/V~l!J/;c 1 Date /' . / Here Insert Name and Title of the 6tticer personally appeared er~ lCt. ~us :/} .PJAme/5) of Signer(s) L)CJ/?{)Uo_,,,-., /I/{ /ir't'Vt' / 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. and official seal. 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: ___________ _ ! Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ i Partner -, I Limited I I General Partner - i I Limited I General c-, Individual Attorney in Fact , Individual Attorney in Fact Trustee ; Guardian or Conservator i Trustee Guardian or Conservator l J Other: ______________ _ i I Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ cl<;,'@<,'Q<;~o;o!• ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit "A" @~~£~~! 10320 Camino Santa Fe, Suite A• San Diego• California• 92121 • (858) 202-0110 California License No C11-835183 REPAIR PROPOSAL Date December 14, 2017 To City of Carlsbad Building Location Faraday Admin 1635 Faraday Ave 1635 Faraday Ave Carlsbad, CA 92008 Carlsbad, CA 92008 Contact Michael O'Brien Elevator{s) 115365 Phone (760) 434-2996 Email Michael.obrien@carlsbadca.aov SCOPE OF WORK Purchaser authorizes Ascent Elevator Services, Inc. to perform the following described work on the subject elevator(s) located at the above referenced building: The existing door detector edge (Microscan) is obsolete and requires replacement. Ascent Elevator Services, Inc. will provide labor and material to remove the existing door opening device(s) and furnish and install one (1) new infrared door reversing detector edge mounted on the elevator car door, strike jamb and car top. The new infrared door reversing equipment utilizes infrared beams to detect obstructions and riders in the closing path of the elevator car doors, and re-opens the elevator doors without the need for physical contact. Additionally, the solid-state nature of the new door reversing equipment helps improve overall reliability of the door equipment. Note: Proposal includes all required permit and inspection fees. All work to be performed during regular working hours. PRICE $1,500.00 (One Thousand Five Hundred and NO/100 Dollars) tax included PAYMENT TERMS Net 30 Davs Accepted By: Accepted By: Ascent Elevator Services, Inc. x __________ _ x _________ _ Name: ________ _ Name: Randy Davidson Title: _________ _ Title: General Manager Date: _________ _ Date: ________ _ ASCEN-1 OPID:JR ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 11/21/2017 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 pollcy(les) 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 ~UI~CT Julie Rector ISU Massie & Beck Ins. Serv. r.:l8~a ..... ,. 925-283-5750 I r~ Nol: 925-283-5751 License #0B29340 P.O. Box 1272 tw"~s: Julle@lsumassle.com Lafayette, CA 94549-1272 INSURER(Sl AFFORDING COVERAGE Dean Slgmundson NAIC# INSURER A : Great American Ins. Comp. 16691 INSURED Ascent Elevator Serv.lces Inc. 1NsuRER e : American Flre&Cas/Liberty Mut. 10836 DBA: San Francisco Elevator INSURER c: National Union Fire Insurance 19445 Construction Inc. INSURER o : Cvnress Insurance Co. 10855 1555 Yosemite Avenue #13 San Francisco, CA 94124 INSURERE: INSURERF: 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 fMMio';~~. ,~in~ LIMITS LTR ,.,M ···-POLICY NUMBER GENERAL LIABIU1Y EACH OCCURRENCE s 1,000,00C -A X COMMERCIAL GENERAL LIABILITY X GLP130331101 12/01/2017 12/01/2018 PREM1Ses'i'~~ce1 $ 300,00C -D CLAIM5-MADE [!] OCCUR 10,00[ MED EXP (Any one person) $ PERSONAL & ADV INJURY s 1,000,00[ - GENERAL AGGREGATE s 4,000,00C -GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,00[ n POLICY ixl 5;'Cg: nLOC ~ $ 10,000,00C AUTOMOBILE LIABIUTY GLELIMIT 1,000,00[ s - / B ~ ANY AUTO BAA56397321 03/01/2017 03/01/2018 BODILY INJURY (Per person) $ ALLOWNEO ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS f--AUTOS X ~ NON-OWNED PROPERTY DAMAGE s HIRED AUTOS AUTOS IPER ACCIDENT\ -X $500 Como X $1000 Coll s UMBRELLA LIAB ~OCCUR EACH OCCURRENCE s 5,000,00C >---- C X EXCESSUAB CLAI Ms-MADE EBU028420806 12/01/2017 12/01/2018 AGGREGATE s 5,000,00C / OED I I RETENTION s s WORKERS COMPENSATION XiT~:m,¥:-.. 1 1°Jt AND EIIPLOYERS' LIABILITY D Y/N X IASWC814574 03/01/2017 03/01/2018 1,000,00[ ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACODENT s OFFICERIMEMSER EXCLUDED? N/A 1,000,00[ (Mandata,y In NH) E.L. DISEASE -EA EMPLOYEE S ~rs~rtw~ 'g1#'gPERATIONS below E.L. DISEASE -POLICY LIMIT s 1,000,00C I I I I I I I I I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Ramar1<s Schedule, If mon, space la n,qulrud) Re Job: City of Car1sbad, various 1ocations. The City of Car1sbad, its officia1s, emp1oyees and vo1unteers are inc1uded as Mditiona1 Insured regarding Genera1 Liabi1ity as per the attached endorsement.Coverage is Primary and Non-Contributory. Waiver of Subrogation app1ies to Workers' Compensation. 30 day cance1lation 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 AUTHDRIZED REPRESENTATIVE Compliance Services ~~ P.O. Box 4668-ECM#35050 ,New 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 CITY CAR INSURED'S NAME Ascent Elevator Services Inc. of premium applies. (E,P,W) ASCEN-1 OP ID:JR PAGE 2 Da1e 11/21/2017 Policy Number: GLP130331101 / 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 tenn 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: GLP130331101 / 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 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 CG 20 37 (Ed. 04/13) Copyright, ISO Properties, Inc., 2012 (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 3 7 (Ed. 04/13) Copyright, ISO Properties, Inc., 2012 (Page 2 of 2) Policy Number: GLP130331101 · 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.