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HomeMy WebLinkAboutChris R. Sperbeck Inc dba Doorworkx; 2017-12-04; PWL18-64GSPWL 18-64GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIRE STATION NO. 5 EMERGENCY ROLL UP DOOR REPAIR This RATIFICATION OF LETTER OF AGREEMENT between Chris R. Sperbeck, Inc., dba DOORtJJe!!· a Califor . corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the J...-. ~ day of_ 'j ....,_-"'-" -,:;. ____ , 2017, but effective as of October 31, 2017, ratifying the work perfor ed tor me rue 0tauon No. 5 Emergency Roll Up Door Repair. The Contractor provided all equipment, material and labor necessary to repair roll up door, per Exhibit "A" and City specifications, for a sum not to exceed four thousand seven hundred eighty four dollars twelve cents ($4,784.12). This work was completed within three (3) 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 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 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; 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 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 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, Government Code sections 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 is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init -:,: init Fire Station No. 5 Emergency Roll Up Door Repair --1 --City Attorney Approved 2/29/2016 PWL 18-64GS 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: Brian Bacardi 760-434-2944 Contractor Contact: Chris Sperbeck 760-510-1043 CONTRACTOR, CHRIS R. SPERBECK, INC. dba DOORWORKX, a California corporation 1046 Commerce St. Suite G San Marcos, CA 92078 P: 760-510-1043 F: 760-471-7710 doorsfixed@yahoo.com By: (sign here) (!H~/J £Pc/ZL:ffeCq-" By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Dated: ~EE (Proper notarial acknowledgment of execution by Contractor must be attached. ; '"Ti rrqrp\/'r : ,0H 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:~ DeputyChyAttome Fire Station No. 5 Emergency Roll Up Door Repair --2 --City Attorney Approved 2/29/2016 California J1IJ11rat Loose CCe:rtificate A notary public or 6th er offlcer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validi of that document. State of California County of S°'o D ·, e 6 0 } ss. Subscribed and sworn to (or affirmed) before me this '1-1-h day of ~\J. '2J.:iQ by _______ ~C-h"'----il...~--l.~~s:;.______,...S.L..8LI,,e..-.!y_J,b.J.ce.."'--cJ-=L=---------- proved to me on the basis of satisfactory evidence to be the person(/) who appeared before me. tl\~a ~ -Go.sfu v:)o.J Notary Public Signature , a Optional Information Seal MARIA L GASSAWAY COMM. #2198687 z Netary Public . California ~ San Diego County - Comm. Ex ires June 21, 2021 To help prevent fraud, it is recommended that you provide information about the attached document'below. * **This is not required under California State notary public law.*** Document Title: ---------------------# of Pages:. __ _ Notes ©2014 Golden State Notal}', Inc. www.Notary.net (888)263-1977 California Acknowledgment Form 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, accurac , or validit of that document. State of California County of ..S..o.:f\ 'D·1 e.6.0 } ss. before me, ll\ a \r, a_ L -bluSG.~Y. ,b)crtad Publi _ I (here insert name and title of the officer) personally appeared _____ ___,.CY\=----.....,r-'-·-=I.S=--__.5__,,?_,t...._r.ab,..,e,_,_e,;_)=L=------------- who proved to me on the basis of satisfactory evidence to be the person(/,) whose name~) is/a~ subscribed to the within instrument and acknowledged to me that he/she/th.¢.f executed the same in his/Mr/t)ifeir au- thorized capacity(i~, and that by his/Mr/tl"¢ir signature(~ on the instrument the personW, or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Seal MARIA L. GASSAWAY COMM. #2198_68~ i Netary Public . California o San Diego County .... Comm. Ex ires June 21, 2021 WITNESS my hand and official seal. ~CJ~. G<L55oLC)CUA Signature of Notary 6 Optional Information To help prevent fraud, it is recommended that you provide infonnation about the attached document below. ***This is not required under California State notary public law.*** Document Title: ____________________ # of Pages: __ _ Notes ©2014 Golden State Notary, Inc. www.Notary.net (888) 263-1977 PWL 18-64GS EXHIBIT A Contractor provided emergency repair work including all labor, equipment and materials necessary to remove damaged barrel from roll up door located at Fire Station No. 5, 2540 Orion Way, Carlsbad, CA 92010. Contractor took damaged barrel to sub-contractor in Los Angeles for repairs and then return to install barrel and motor operator. Contractor then tested door for proper operation. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Remove damaged barrel, take to Los Angeles for repairs, $4,784.12 return to install barrel and motor operator. Run and test for proper operation. TOTAL* $4,784.12 *Includes taxes, fees, expenses and all other costs. Fire Station No. 5 Emergency Roll Up Door Repair --3 --City Attorney Approved 2/29/2016 Exhibit "A" DOORWORKX Invoice 1046 COMMERCE ST. Suite G San Marcos, CA 92078 License #783544 Bill To City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008 Job Location Fire Station # 5 2540 Orion Way Carlsbad, CA 92010 Date 11/3/2017 P.O. No. Description Qu 10-31-2017 ARRJVED TO JOB, FOUND THAT BAY DOOR #2 WAS NOT OPERATING I PROPERLY. AFTER TROUBLE SHOOTING FOUND THAT DOOR HAD TWO SPRINGS AND MOST LIKELY ONE THEM WAS BROKEN CAUSING THE DOOR TO BE HEAVY. EXPLAINED WHAT WAS GOING ON WITH DOOR TO GLEN AND THAT WE COULD REMOVE THE BARELLAND GET IT REPAIRED NEXT DAY, RETURN AND INSTALL THE FOLLOWING DAY. RECEIVED THE OK FROM GLEN TO PROCEED. SERVICE CALL- 10-31-2017 10:15 AM-2PM ARRJVED TO JOB, REMOVED BARELL FROM DOOR. PUT ON B.75 TRUCK TO TAKE TO PAMONA NEXT DAY FOR REPAIRS I 1-1-2017 5:30AM -3PM DROVE TO PAM ONA, TOOK BARELL OFF TRUCK. STAYED AT 9.5 LOCATION WHILE IT WAST AKEN APART AND RE-BUILT. LOADED BA RELL BACK ON TRUCK, DRIVE BACK TO SHOP. 11-2-2017 7:3-AM-9:30AM-RETURNED TO JOB, INSTALLED REBUILT BARTELL. RAN AND 2 TESTED DOOR FOR PROPER OPERATION. BARELL REPAIRS-I RENTAL SCISSOR LIFT AND FORKLIFT TWO DAY RENTAL WITH PICKUP AND DELIVERY I Total Phone# Fax# Balance Due 760-510-1043 760-471-7710 Rate 265.00 165.00 165.00 165.00 1,354.23 648.64 Invoice# 27ll Terms Net30 Amount 265.00 618.75 1,567.50 330.00 1,354.23 648.64 $4,784.12 $4,784.12 ~C£?_RD CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDIYYYY) 11/02/17 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns 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 iw.1t'w' ROBERT R. WILEY II BOB WILEY INSURANCE AGENCY INC wii~ Extl: (760) 735-9890 I (IVC No\:(760) 735-2460 PO Box 966 AO""rn!~ss:rrw5620@aol.com Escondido, CA 92033-0966 INSIJRER(S) AFFORDING COVERAGE NAIC# 0626539 INSURER A: SECURITY NATIONAL INSURANCE co INSURED Chris R. Sperbeck INC. OBA: DOOWORKX INSURER B: 197 Woodland Parkway, #104 PMB471 INSURER C: SAN MARCOS, CA 92069 INSURER D: 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 ,,..,., .. IO"a" I rM~f>5iW'vvi 1cM~5N'YYY) LIMITS LTR INSD WYO POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000.000 ~ D CLAIMS-MADE [Kl OCCUR PREMIB~S IE~~~~ancel $ 100.000 ..__ NA105777805 6/27/2017 6/27/2018 MED EXP (Any one person) s 5.000 ..__ 1,000,000 A X X PERSONAL & ADV INJURY $ ~ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY 00 '.i'f& OLoc PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY /Ea accidan1f INl,LI: LIMI 1 $ ..__ ANYAUTO BODILY INJURY (Per parson) s ..__ OWNED -SCHEDULED BODILY INJURY (Per accident) $ ...._ AUTOS ONLY ...__ AUTOS HIRED NON-OWNED (P~'i'accJ~a~t)I\IW\\>C $ -AUTOS ONLY ...__ AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ .__ EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s $ WORKERS COMPENSATION I STATUTE I I ~Rn· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOM'ARTNER/EXECUTIVE D E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $ gi;~~fi~~ u~~8bPERATIONS 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 IS NAMED AS ADDITIONAL INSURED. JOB: FIRE STAION NO 5 CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPLIANCE SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 4668 -ECM#35050 NEW YOURK, NY 10163-4668 ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA105777806 Endorsement Effective: 6/27/2017 12:01 a.m. Named Insured Countern~nedr:J_ MM CHRIS R SPERBECK INC, DBA: DOORWORKX SCHEDULE Name of Person or Oraanization:t th d . d . bl" t d b ·rt f ·tt t t Any person or orgamzauon ma e name insure 1s o . 1ga e y v1 ue o a wri en con rac or agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as appticable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 insured(s) at the site of the covered operations has been completed; or (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 tor a principal as a part of the same project. C. The words "you· and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission