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HomeMy WebLinkAboutComputer Protection Technology Inc; 2018-03-05; PWM18-110GSPWM18-110GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Faraday UPS Display Replacement This letter will serve as an agreement between Computer Protection Technology, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace display on 9900 series, UPS (part #DSP10115), per the Contractor's proposal dated January 3, 2018 and City specifications, for a sum not to exceed three thousand eight hundred ninety-one dollars fifty-seven cents dollars ($3,891.57). 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 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 Apt, @_w~ry1w~t Code s,ections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, ~~ init ~/~ init 6. The Contractor hereby acknowledges that debarment by another juriftlicti91)191-UO~nds for;)he City of Carlsbad to disqualify the Contractor from participating in contract bi~ ;_f_ V V_V_ l.i ·nit ~it 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. Faraday UPS Display Replacement -1-City Attorney Approved 2/29/2016 PWM18-110GS 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: Jeremy Bennett, 760-745-8562 ext. 208 CONTRACTOR Computer Protection Technology, Inc., a California corporation 1215 Pacific Oaks Place, Suite 106 Escondido, CA 92029 P: 760-745-8562 ext. 208 F: 760-745-8569 jbennett@cptups.com By: CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukeylic Works Director as authorized by the City Manager (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 UPS Display Replacement - 2 -City Attorney Approved 2/29/2016 ePT Quotation Exhibit "A" Quotation ID 120264 I 1/3/2018 !Date Computer Protection Technology 24 Hour Service: (800) 841-0789 Delivery 2-3 weeks Fax: ~1215 Pacific Oaks Place, Suite 106 Escondido, CA 92029 'bennett@cptups.com Sales Tax 7.750% % Start-Up and Operator Training Installation Computer Protection Technology, Inc. 1215 Pacific Oaks Place Suite 106 Escondido, CA 92029 Attn: Jeremy Bennett Email: ibennett®cotuos.com Authorized By iship Via Best Way I !Prepared By µeremy Bennett I I Phone: 760-434-2944 Fax: Email: Brian.Bacardi~arlsbadc~ _______ ___. $3,166.19 $245.38 $480.00 $3,891.57 Payment Terms Net 30 Days Credit Card Payments: Add the following to the total - Visa/MC: 2.75% ; Amex -3.00% FOB Factory Quote Valid: 30 Days Print Name ____...., I DATE(MM/DD/YYYY) ~co_Jl.i:I CERTIFICATE OF LIABILITY INSURANCE 2/7/2018 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 endorsementlsl. PRODUCER ~~~JACT Susan Hughes LAUREN MIRALLE INSURANCE AGCY INC ~?~~CC .. " (760)496-1686 , rt2 .. A,<160> 496-1684 5411 Avenida Encinas Ste 240 xt1rf'J~s:s: J.miralle@farmersagent.com Carlsbad, CA 92008 INSURER!Sl AFFORDING COVERAGE NAIC# OG63234 Burlinqton Insurance Comoany 23620 i.I<:II<>ER A· INSURED Computer Protection Technology, Inc INSURER B: FARMERS INSURANCE EXCHANGE 21652 1215 Pacific Oaks Place #106 "'"II<>FR r, · Admiral Insurance Company 24856 Escondido, ca 92029 INSURER D: 760-745-8562 1/\ICI IOFR F · "'"' IRER 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 POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE lmon lun,n pnI ir,y NI IMFlFR IMM/DDIYYYY\ M MID D/YYYY\ GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 -PRF1G~~~ 1F~t: ... ~~-~ .. ':,,.~~,,.\ X DMERCIAL GENERAL LIABILITY $ 100.000 - CLAIMS-MADE ~ OCCUR MED EXP IAnvoneoerson\ $ 1 000 -A ~ BifPD Deductible y y 0389CRP0010203 12/12/17 12/12/18 PERSONAL & ADV INJURY $ 1,000,000 _ §5,000 GENERAL AGGREGATE $ 2,000,000 ~'L AGGRnE LIMIT APn PER: PRODUCTS· COMP/OP AGG $ 2,000,000 POI Ir,y ~~_9..: I nr $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT l.,000,000 tFa accirli=-nt, • -ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED 01492-61-46 12/12/17 12/12/18 B AUTOS ~ AUTOS y BODILY INJURY (Per accident) $ -X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS ,n~ ~~-;,,,1~~•, --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 3,000,000 -BEX09602976-00 12/12/17 12/12/18 3,ooo,uuo C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ I nFn I I RETFNTlnN $ $ WORKERS COMPENSATION x I Tvx.x_sr~~~°' I 1°,w-AND EMPLOYERS' LIABILITY y 04/01/17 04/01/18 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE m y E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A B0945-32-68 l.,uuo,uuo (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under F.L. DISEASE-POI Ir,y I IMIT $ 1,000,000 Dts:i--<>IPTlm nF npcc<>ATlnNSbelnw DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101,Addit,onal Remarks Schedule, if more space IS required) CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED TO THE GENERAL LIABILITY per form CG2010 0704. Certificate holder is named addtional insured on the commercial auto. Excess Liabiltiy follows form with the underlying policies.Includes Waiver of Subrogation per written contract.Primary and Non Contributory wording included. CFRTIFICATE HOLDER /:AN/:1=1 I l\TION City of Carlsbad/CMWD General Services Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE 'MLL BE DELIVERED IN 405 Oak Ave ACCORDANCE WITH THE POLICY PROVISIONS Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I SusaM Hughes © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD IL 02 70 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 1 of 4 C. LENDER'S LOSS PAYABLE 1. The Loss Payee shown in the Schedule or in the Declarations is a creditor, including a mortgageholder or trustee, whose interest in Covered Property is established by such written instruments as: a. Warehouse receipts; b. A contract for deed; c. Bills of lading; d. Financing statements; or e. Mortgages, deeds of trust, or security agreements. 2. For Covered Property in which both you and a Loss Payee have an insurable interest: a. We will pay for covered loss or damage to each Loss Payee in their order of preced- ence, as interests may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. c. If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in own- ership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. d. If we pay the Loss Payee for any loss or damage and deny payment to you be- cause of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The Loss Payee's rights will be trans- ferred to us to the extent of the amount we pay; and (2) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. 3. If we cancel this policy, we will give written notice to the Loss Payee at least: a. 10 days before the effective date of can- cellation ifwe cancel for your nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 4. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. D. CONTRACT OF SALE 1. The Loss Payee shown in the Schedule or in the Declarations is a person or organization you have entered a contract with for the sale of Covered Property. 2. For Covered Property in which both you and the Loss Payee have an insurable interest we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. 3. The following is added to the OTHER INSUR- ANCE Condit ion: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. Page 2 of 2 Copyright, ISQ Commercial Risk Services, Inc., 1994 CP 12 18 06 95 D