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HomeMy WebLinkAboutCompressed Air Specialties Inc; 2019-01-15; PSA19-681GSPSA19-681GS City Attorney Approved Version 6/12/18 1 AGREEMENT FOR BAUER BREATHING AIR COMPRESSOR UNIT SERVICES AT SAFETY TRAINING CENTER COMPRESSED AIR SPECIALTIES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2019, but effective as of February 20, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and COMPRESSED AIR SPECIALTIES, INC., a California corporation, ("Contractor”). RECITALS A. City requires the professional services of a service provider specializing in servicing and certifying compressed breathing air compressor units under the guidelines for air testing listed under NFPA 1500: Standard on Fire Department Occupational Safety, Health, and Wellness Programs. B. Contractor has the necessary experience in providing these professional services and advice related to the preventative maintenance, repairs, and certifications of Bauer breathing air compressor units. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of five (5) years from February 20, 2019. 3. COMPENSATION The total fee payable for the Services to be performed during the agreement term will be in an amount not to exceed seven thousand six hundred fifty ($7,650) dollars. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. DocuSign Envelope ID: 487E689A-A7A2-416F-B738-C1F16031F746 January 15th PSA19-681GS City Attorney Approved Version 6/12/18 2 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Kennedy Name Shawn Townsend Title Facility Manager Title Project Manager Department Public Works Address 1340 S. Simpson Circle City of Carlsbad Anaheim, CA 92806-5531 Address 1635 Faraday Av Phone No. 714-991-8800 Carlsbad, CA 92008 Email shawn@compairspec.com Phone No. 760-931-2236 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No DocuSign Envelope ID: 487E689A-A7A2-416F-B738-C1F16031F746 PSA19-681GS City Attorney Approved Version 6/12/18 3 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 487E689A-A7A2-416F-B738-C1F16031F746 PSA19-681GS City Attorney Approved Version 6/12/18 4 15. AUTHORITY The individuals executing this Agreement 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 Agreement. CONTRACTOR, COMPRESSED AIR SPECIALTIES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Shawn Townsend / Vice President (print name/title) By: (sign here) Tracy Weaver / Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney By: Deputy City Attorney DocuSign Envelope ID: 487E689A-A7A2-416F-B738-C1F16031F746 PSA19-681GS 5 EXHIBIT “A” SCOPE OF SERVICES ANNUAL COST ANALYSIS FOR BAUER BREATHING AIR COMPRESSOR UNIT SERVICES AT SAFETY TRAINING CENTER *Total fees payable for services to be performed during five-year agreement term not to exceed $7,650.00. Fees include labor, time, and materials. Item No. Description Qty Unit of Measure Unit Price Extended Total 1 Securus Purification Cartridge 1 EA $181.70 $181.70 2 O-Ring; Purification Cap 1 EA $9.20 $9.20 3 Ring; Purification Cap, Back Up 1 EA $5.25 $5.25 4 Bauer Synthetic Compressor Oil (CL800) 1 GL $80.00 $80.00 5 Bauer Oil Filter 1 EA $25.51 $25.51 6 Air Test Kit 1 EA $120.00 $120.00 7 Replacement Cell; CO Monitor, GfG, MNR-0029, MNR-0033 1 EA $482.56 $482.56 8 Waste Disposal 1 EA $7.00 $7.00 9 Labor 4.5 HR $120.00 $540.00 10 Estimated Sales Tax 1 EA $70.08 $70.08 Total Annual Cost * $1,521.30 DocuSign Envelope ID: 487E689A-A7A2-416F-B738-C1F16031F746 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/12/2018 Wood Gutmann &Bogart,Lic.#067926315901RedHillAve.,Suite 100TustinCA92780 Rich Holdren 714-824-8376 714-573-1770 rich@wgbib.com Ohio Security Insurance Co 24082 COMPR-1 American Fire and Casualty Co 24066CompressedAirSpecialtiesInc1340SimpsonCircleAnaheimCA92806 665289824 A X 1,000,000 X 500,000 15,000 X $1000 deductible 1,000,000 2,000,000 Y Y BKS59248905 11/15/2018 11/15/2019 2,000,000 B 1,000,000 X XX X NOSIR Y Y BAA59248905 11/15/2018 11/15/2019 B X 1,000,000 X $0 ESA59248905 X 1,000,000 11/15/2018 11/15/2019 A Y XWS59248905 12/31/2018 12/31/2019 X 1,000,000 1,000,000 1,000,000 The following endorsements apply when required by written contract with Named Insured:General Liability -Additional Insured -State or Governmental Agency or Subdivision -applies per form CG 20 12 04 13GeneralLiability-Additional Insured –Owners,Lessees or Contractors –Completed Operations -Commercial Operations applies per form CG 20 37 04 13GeneralLiability-Additional Insured -By Contract,Agreement or Permit applies per form CG 88 10 04 13GeneralLiability-Waiver of Subrogation applies per form CG 88 10 04 13GeneralLiability-Primary Non-Contributory wording per form CG 88 10 04 13AutoLiability-Additional Insured and Waiver of Subrogation applies per form CA 88 10 01 13Workers'Compensation -Waiver of Subrogation applies per form WC 99 06 79SeeAttached... City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: COMPR-1 1 1 Wood Gutmann &Bogart,Lic.#0679263 Compressed Air Specialties Inc1340SimpsonCircleAnaheimCA92806 25 CERTIFICATE OF LIABILITY INSURANCE RE:Operations of the named insured as on file with the insurance carrier. The City of Carlsbad is named as additional insured respects General Liability per attached SS00080405 as required by written contract subject to the terms andconditionsofthepolicy. *30 day notice of cancellation will be given to the certificate holder except 10 day notice for non-payment of premium. 54212ofBLANKET POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART CG 20 12 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: 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 any state or governmental agency or subdivision or politi- cal subdivision shown in the Schedule, sub- ject to the following provisions: 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state or gov- ernmental agency or subdivision or po- litical subdivision has issued a permit or authorization. However: a.The insurance afforded to such addi- tional insured only applies to the ex- tent permitted by law; and b.If coverage provided to the addition- al insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional in- sured. 2.This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b."Bodily injury" or "property dam- age" included within the "products- completed operations hazard". B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - 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 ap- plicable Limits of Insurance shown in the Dec- larations. BKS59248905 55212of59248905002647280BLANKET 1340 S Simpson Circle ANAHEIM, CA 92806 all operations where there is a written contract. 1340 S Simpson Circle Anaheim, CA 92806 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of 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 in- jury" or "property damage" caused, in whole or in part, by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2.If coverage provided to the additional in- sured is required by a contract or agree- ment, 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 III - 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 ap- plicable Limits of Insurance shown in the Dec- larations. BKS59248905 66212ofCOMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 67212of59248905002647280 68212of 69212of59248905002647280 70212of 71212of59248905002647280 72212of 73212of59248905002647280 6176of59248905002649280COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 6276of 6376of59248905002649280 6476of 6576of59248905002649280 6676of 6776of59248905002649280 5758of59248905002648280250 BLANKET 0008 12/31/2018 XWS (19)59 24 89 05 COMPRESSED AIR SPECIALTIES INC Ohio Security Insurance Company 19291 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed.01-13) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 99 06 79 (Ed.01-13)