Loading...
HomeMy WebLinkAboutComputer Protection Technology Inc; 2018-05-31; PWL18-444GSPWL18-444GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Learning Center UPS Capacitor 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 capacitors, per Exhibit A and City specifications, for a sum not to exceed two thousand fifteen dollars and fifty-four cents ($2,015.54). 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 Act, Government Co9e ~ff1~50, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ·u{y init _/ j ~init 6. The Contractor hereby acknowledges that debarment by another jurisdictiof14 grounps ~TA'>f3k¾ of Carlsbad to disqualify the Contractor from participating in contract bidding. r---: iAftij 1¥.f.J{_ b.t 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. Learning Center UPS Capacitor Replacement -1 -City Attorney Approved 2/29/2016 PWL18-444GS 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: (sign here) fv, t ;lf ~?db (}cf 0. (print name/tille) CITY OF CARLSBAD, a municipal corporation of the State of California By: /41)~ Elaine Luke;f P-u lie Works Director as authorized by the City Manager ;;: '7/1 FffY; /)J/llfn-D-ated: 1) u h.t .Aaa,,~ 0u_lrnlvrvhr 57/· / 0 ~ifV<sign ~ vv~ er----- ~ \f\AJpd) }t-/ CFo (print name/title) (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 Learning Center UPS Capacitor Replacement - 2 -City Attorney Approved 2/29/2016 PWL18-444GS EXHIBIT A Learning Center UPS Capacitor Replacement SCOPE OF WORK AND FEE DESCRIPTION PRICE Contractor to provide all materials, tools and labor to remove and $2,015.54 replace four (4) Mitsubishi DC capacitors (part number CAP00106) on the UPS located at the Library Learning Center, 3368 Eureka Place. TOTAL $2,015.54 *Includes taxes, fees, expenses and all other costs. Learning Center UPS Capacitor Replacement - 3 -City Attorney Approved 2/29/2016 Q:PT Quotation Quotation ID 20769 Date 4/24/2018 Computer Protection Technology 24 Hour Service: (800) 841-0789 Delivery 2-3weeks Fax: Ship Via Best Way 1215 Pacific Oaks Place, Suite 106 Escondido, CA 92029 Prepared By Jeremy Bennett jbennett@cptups.com Customer/Location Contact Customer: Citv of Carlsbad Contact: Brian Bacardi Location: Learning Center Phone: 760-434-2944 Address: 3368 Eureka Place Fax: Carlsbad CA 92008 Email: Brian.Bacardi®carlsbadca.aov Item Qty DescriDtion Part Number Unit Price 1 4 Replacement DC Caps for Mitsubishi 2033C CAP00106 $291.20 serial number 07-7M72168-03 2 1 Freight Forwarded from CPT (Taxable per FREIGHT-IN State Board of Equalization Publication 100) So&,total -~""SIAQ~ Sales Tax 7.750% % 1;a,1 Start-Up and Operator Training 4'. I: Installation ~33172~ TotatColt Computer Protection Technology, Inc. 1215 Pacific Oaks Place Suite 106 Escondido, CA 92029 Attn: Jeremy Bennett Email: jbennett®cptups.com Authorized By Print Name $56.12 Payment Terms Net 30 Days FOB Factory Quote Valid: 30 Days Exhibit "A" Extended Price $1,164.80 $56.12 $1,220.92 $94.62 $700.00 $2,015.54 ~ I DATE(MMIDD/YYYY) "1._~ll CERTIFICATE OF LIABILITY INSURANCE 5/22/2018 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 £~.~~ACT Susan Hughes LAUREN MIRALLE INSURANCE AGCY INC P~9~~~"' (760)496-1686 Ir::,~ Mn\{760) 496-1684 5411 Avenida Encinas Ste 240 ~~~~""lmiralle@farmersagent.com Carlsbad, CA 92008 INSURER(Sl AFFORDING COVERAGE NAIC# 0G63234 Burlington Insurance Comnanv 23620 '"'"''""" A INSURED Computer Protection Technology, Inc INSURER B FARMERS INSURANCE EXCHANGE 21652 1215 Pacific Oaks Place #106 1r,.1e;11oco r. Admiral Insurance Company 24856 Escondido, ca 92029 INSURER D 760-745-8562 u.1c-11oco 1= '""'' '""" 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. NOT\MTHSTANDING 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. l'"~n TYPE OF INSURANCE LTR ,, ... 0 ,-,n on, 1r.v N' ,.,c.o ['.0.iaJ\iY EFF .. ~.OLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 -X COMMERCIAL GENERAL LIABILITY ~~~t~~~'i'F:~• CCU $ 100 000 I CLAIMS-MADE ~ OCCUR MED EXP <Anvoneoersonl $ 1 000 A ~ BILPD Deductible y 0389CRP0010203 12/12/17 12/12/18 PERSONAL & ADV INJURY $ 1,000 000 _ ~5 1000 y 2,000,000 GENERAL AGGREGATE $ GEN'L AGGRnE LIMIT APn PER: PRODUCTS -COMP/OP AGG $ 2 000 000 "'i"J on, ,rv r:J!,S?.;. 1 nr $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ l.,Ouu,ooo H=• o,o;,<on>I -ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED 01492-61-46 12/12/17 12/12/18 B AUTOS .J5. AUTOS y BODILY INJURY (Per accident) $ -X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS ma,"""'"""" --$ UMBRELLA LIAB EACH OCCURRENCE $ 3,000,000 H OCCUR -BEX09602976-00 12/12/17 12/12/18 $ 3,ooo,ouu C X EXCESS LIAB CLAIMS-MADE AGGREGATE n.n I I l>•T•"'TI()"' < • WORKERS COMPENSATION XI ~~\;:,STtH!;_ I IOJ~-AND EMPLOYERS' LIABILITY 04/01/18 04/01/19 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE (!I y E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A B0945-32-68 l.,000,000 (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ ~~~s,-._~~~~/~eNugier_ ·--__ """~·· • 1 n1<,••"• _ on1_1r,y LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101,Additional 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, on General Liablity per written contract.Primary and Non Contributory wording included on General Liability. City of Carlsbad/CMWD General Services Dept 405 Oak Ave Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE 'MLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SusaM Hughes © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I POLICY NUMBER: 0389CRP0010203 NAMED INSURED: Computer Protection Technology, Inc INSURANCE COMPANY: The Burlington Insurance Company PRODUCER: AmWINS Insurance Brokerage of California, LLC 0389 AMENDMENT -CANCELLATION NOTICE Schedule Type of Policy: Commercial General Liability Policy Term: Effective Date I Expiration Date 12/12/2017 12/12/2018 Mall Cancellation Notice to: City of Carlsbad/CMWD General Services Dept 405 Oak Ave Carlsbad, CA 92008 Number of Davs notice: 30 davs, excect 1 o davs for Non-Pavment of cremium. We shall endeavor to mail wrinen notice of cancellation to the entity(ies) listed in the schedule above giving the number of days shown above in advance of the date of cancellation, but failure to do so shall impose no obligation or liability of any kind upon us, our agents, or our representatives. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. IFG-I-0155 1100 Issue Date: 02/15/2018 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 POLICY NUMBER: 01492-61-46 COMMERCIAL AUTO CA2048 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provlsl ons of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This e ndorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endon::ement Effective: Countersigned By: 12/12/2017 Named Insured: Su.sa11 Hughes COMPUTER PROTll:CT:ION :INC (Authorizea Representative) SCHEDULE Name of Person(s) or Oraanization(s): 'The City of National City, its elected officials, officers, agents, and employees' (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Uabilit y Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: 01492-61-46 POLICY CHANGES - Effective Date of Change: 02/07/18 Change Endorsement No.: 005 Named Insured: COMPUTER PROTECTION TECHNOLOGY, INC. 1215 PACIFIC OAKS PLACE Expiration Date: 12/12/18 Agent: 99-83-502 ESCONDIDO CA 92029-1203 The following item(s): lnsured's Name lnsured's Mailing Address Policy Number Company Effective / Expiration Date lnsured's Legal Status I Business oflnsured Payment Plan Premium Determination X Additional Interested Parties Coverage Forms and Endorsements Limits I Exposures Deductibles Covered Property / Location Description Classification / Class Codes Rates Underlying Insurance is (are) changed to read {See Additional Page(s)}: The above amendments result in a change in the premium as follows: X No Changes To Be Adjusted At Audit Additional Premium Return Premium $ $ Authorized Representative Signature: E4277 1st Hition * FARMERS INSURANCE 91--4277 lSTEDfllON 7./J2 E4277.£D1 lndudas Copyrighled Materia\ lnsuranco !enim Offico, In~. wilh fts pernission. E4211101 PAGE 1 OF 2 POLICY NUMBER: 01492-61-46 COMMERCIAL AUTO CA204802 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod lfled by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Prov lsion of the Coverage Form. This e ndorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 02/07/18 Named Insured: COMPUTER PROTECTION (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CITY OF CARLSBAD/CMWD (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ~ FARMER~ WC990619 I NSU RANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named . COMPUTER PROTECTION TECH. INC Insured . 1215 PACIFIC OAKS PL# lUb ESCONDIDO CA920292910 Effective Date 04/01 /18 Agent 99-83-302 80945-32-68 2018 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 for which you perform work under a written contract that requires you to obtain this agreement from us. The additional premium forth is endorsement shall be~% of the Workers' Compensation premium otherwise due for the state(s) listed below on sue h remuneration, subject to a minimum charge of ____ _ All written contracts in the state(s) of. CA This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. Countersigned __ ~ci----~·-"-'-~---~r-·---Authorized Representative WC99 0619A 9-07 93-6369; WC990619A Page 1 of 1 )6369111