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Fuson Electric; 2019-07-08;
AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES FUSON ELECTRIC HIS AGREEMENT is made and entered into as of the ?f-lh day of , , 201.9_, by and between the CITY OF CARLSBAD, a municipal "), and Fuson Electric, a sole proprietorship, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in electrical maintenance. B. Contractor has the necessary experience in providing professional services and advice related to routine, recurring, and usual commercial electrical maintenance work. 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional two year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. 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 such workers employed by him or her in the execution of the 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 6/12/18 2 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. 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. 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. City Attorney Approved Version 6/12/18 4 For City Name Tim Selke Title Parks Superintendent Department Parks & Recreation City of Carlsbad Address 799 Pine Ave., Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2826 For Contractor Name Vernon Fuson Title Owner --------------- Address 13088 Old Barona Road Lakeside, CA 92040 Phone No. 619-249-1631 Email fusonelectric@ymail.com 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. 17. 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~ NoD 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 6/12/18 5 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 6/12/18 6 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II II II II II II II II II II II II City Attorney Approved Version 6/12/18 7 27. 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 By: (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: '"-'"' ... ,,ations Officer, Deputy City Manager or Division Director as authorized by the City Manager ATTEST: \1ffO:AAa.irf!~~ ~ARBARA ENGLESON u-Clty Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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 LL..~/ Deputy City Attorney City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE OF SERVICES AND SPECIAL CONDITIONS ELECTRICAL MAINTENANCE SERVICES DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained electrical systems. Installations: Electrical equipment installation and adjustment required to preserve and protect any City owned or maintained electrical systems. Maintenance: Any routine, recurring, and usual services or preventative maintenance necessary for the protection or preservation of any City owned or maintained electrical systems. Demolition: The removal of electrical equipment required to preserve and protect any City owned or maintained electrical systems. Service Report: Contractor's detailed report in City approved computer-generated format covering all work performed. Service reports shall be separate documents, listed by facility and shall note all repairs or service work performed, any pertinent electrical diagnostic equipment readings, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. WORK 1. The Contractor shall perform as needed routine, recurring and usual electrical work required for the preservation or protection of all City owned or maintained electrical systems and any associated electrical systems as outlined within these specifications. (Public Contract Code Section 22002(d)). 2. This specification covers electrical service and repair work in all City owned and other City maintained electrical systems in the Parks & Recreation Department Inventory, including but not limited to the following: PARKS LIGHTING INVENTORY Facility Name Location Alga Norte Community Park 6565 Alicante Road Ann D. L'Heureux Dog Park Carlsbad Village Drive Aviara Community Park 6425 Ambrosia Lane Cadencia Park 3310 Cadencia Street Calavera Hills Park 2997 Glasgow Drive City Attorney Approved Version 6/12/18 9 Cannon Park Carlsbad Boulevard @ Cannon Road Car Country Park Paseo Del Norte Chase Field Sports Complex 3349 Harding Street El Fuerte Park / La Costa Meadows 6889 El Fuerte Street Hidden Canyon Park 2685 Vancouver Street Holiday Park 1055 Chestnut Avenue Hosp Grove Park Jefferson Street La Costa Canyon Park 3018 Pueblo Street Laguna Riviera Park Kelly Drive @ Park Drive Lake Calavera Trails Unisex Restroom Tamarack Ave, Trail Head 2 Leo Carrillo Ranch Historic Park 6200 Flying Leo Carrillo Lane Magee Park 258 Beech Avenue Maxton Brown Park 500 Laguna Drive Oak Park Pio Pico @ Carlsbad Village Drive Ocean Street Beach Accesses Ocean Street Parks Maintenance Yard 1166 Carlsbad Village Drive Pine Avenue Community Center 3209 Harding Street Pine Avenue Community Park 3333 Harding Street Pio Pico Park Pio Pico @ Knowles Avenue Poinsettia Community Park 6600 Hidden Valley Road Safety Center 2560 Orion Way Sculpture Park Carlsbad Blvd @ Pine Avenue Senior Center Complex 799 Pine Avenue Stagecoach Park 3420 Camino de los Coches Zone 5 Park Camino Hills Drive @ Faraday Avenue City Attorney Approved Version 6/12/18 10 MEDIANS AND LANDSCAPE LIGHTING Locations include: Alga Road, Altisma Way, Arena! Road, Avenida Encinas, Aviara Parkway, Carlsbad Boulevard, Calavera Hills Trailhead, Coastal Rail Trail, College Boulevard, Chestnut Avenue, Carlsbad Village Drive, El Camino Real, Faraday Avenue, Grand Avenue, La Costa Avenue, Madison Street, Hosp Grove Rotary Trailhead, Melrose Drive, Palomar Airport Road, Paseo Del Norte, Poinsettia Lane, Rancho Santa Fe Road, Roosevelt Street, Tamarack Avenue, and Wickham Way Trailhead ELECTRICAL SCOPE OF WORK AND EQUIPMENT LIST Work includes but is not limited to troubleshooting of problems, new installation, maintenance, demolition and repair of the following items associated with any City owned or maintained electrical systems: 1. Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Fluorescent Lighting and Other Associated Lighting Fixtures and Control Systems and any other lighting systems found within these inventories. 2. Antennas (Associated with Lighting Control Only) 3. Ballasts 4. Conduits 5. Wiring 6. Switches 7. Disconnects, Fused and Un-fused 8. Receptacles 9. Service Panels and Pedestals 10. Distribution Panels and Sub-panels 11. Enclosures 12. Breakers 13. Contactors 14. Transformers 15. High Voltage Systems 16. Low Voltage Systems 17. New Circuits 18. Dedicated Electrical Circuits -19. Wiring and Control Systems of Special Electrical Equipment (Clocks, Uninterruptible Power Sources and Other Associated Equipment and Appurtenances). 20. Troubleshooting examples include but are not limited to investigating electrical failures on electrical equipment and systems owned or managed properties, using standard and specialty diagnostic tools including electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters and other electrical diagnostic tools. Determining cause of failures and recommending repairs or replacement of electrical equipment as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the City. 21. New Installation examples include, but are not limited to installation of new equipment, conduits, wiring and associated electrical services or devices necessary for the preservation or protection of a City property as detailed in the Electrical Scope of Work City Attorney Approved Version 6/12/18 11 and Equipment List above, and as directed by the City. After performing installations, the technician shall show changes and modifications to the system on plan sets provided by the City and submit them for review and approval. If plan sets are not available, the technician shall submit notes and line diagrams of changes for City's review and approval. 22. Maintenance examples include but are not limited to maintenance of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the City. Maintenance tasks include cleaning electrical cabinets, terminal and insulation inspection, replacement of wire markers, electrical tape and wire nuts, replacement of wire splices, replacement of contacts, replacement of other worn equipment to prevent possible failure of associated electrical systems as directed by the City. 23. Demolition examples include but are not limited to removal of equipment, conduits, wiring and associated electrical equipment or devices necessary for the preservation or protection of a City facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the City. This work may be required in the case of upgrades of facilities, demolition of facilities or to remove obsolete equipment from service. 24. Repair examples include but are not limited to repair of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the City. This work may be made pursuant to troubleshooting work identified by the Contractor or City Staff, as generated by work order from other City Personnel, request from other users of City Facilities or as identified during other routine maintenance activities. 25. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions of this Agreement. 26. City authorization is required prior to performing any repairs whose aggregate parts and labor exceed five hundred dollars ($500.00). The Contractor shall notify the City to receive authorization prior to performing repairs more than $500.00. SPECIAL CONDITIONS 1. The Contractor is required to provide uniformed service personnel. The Contractor's staff will be required to work in a semi-autonomous manner. The Contractor's staff will be required to interact in a businesslike and professional manner with City staff and members of the public. 2. The City shall provide access to all devices to be serviced by the Contractor. The Contractor shall not be held responsible for equipment malfunction or damage, should access to equipment or the inability to start and stop primary equipment incidental to the operation of the electrical system be denied or not provided by the City. 3. The Contractor shall provide safe access and egress for City employees or members of the public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 4. The Contractor shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this Agreement except for the specialty equipment as detailed in Item #6 of the Special Conditions. City Attorney Approved Version 6/12/18 12 5. The Contractor shall provide hydraulic personnel lifts and aerial work platforms for the price specified in EXHIBIT "B" -Parks Service Pricing. Hydraulic personnel lifts must be self-propelled, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum 25 feet in height for Line #3 of EXHIBIT "B". The hourly rate quoted must include an operator. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted hourly rate for lift equipment other than the hourly pay for one (1) * service technician performing the requested service work. *(Unless additional technicians are approved in writing by the agency). 6. If the City requests the Contractor to provide specialty equipment that would not normally be supplied by field technicians including heavy equipment (all types), cranes, scaffolds, and pavement cutting tools, the Contractor agrees that compensation for the specialty equipment shall be as detailed in this section. Regardless of ownership, the rates to be used in determining Contractor's equipment rental costs shall be the edition of the "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the Contractor's actual use of the tool or equipment. CAL TRANS' equipment rates website can be found at the following web address: http://www.dot.ca.gov/hg/construc/equipmnt.html. The labor surcharge rates and right of way delay multipliers published therein are not a part of this contract. Specialty equipment shall be procured from sources within a fifty mile radius of the City if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) hour for equipment return regardless of where the equipment is located. Specialty equipment that is not available within this parameter will be compensated for actual delivery time with prior written approval by the City. 7. The Contractor shall provide service within 48 hours of notification by the City during regular business hours, Monday through Friday, 7:00 AM to 5:00 PM excluding City Holidays. 8. The Contractor shall preserve all turf, artificial turf, landscape areas, hard surface sports courts and irrigation systems during service events. Such protection may include placing planking on areas that are unsuitable for driving of heavy vehicles. The Contractor is advised that any vehicular travel on artificial turf surfaces will always require this protective measure. The Contractor agrees to restore all areas to its pre-existing condition if equipment or personnel damage any City facility during service events. 9. The City will pay for parts per suppliers invoice plus contractual markup. The Contractor will submit copies of invoices for all parts used with monthly billings. The City will withhold payment for parts until the Contractor provides required invoices. 10. The Contractor will submit invoices for payment to the City by the 5th of the month for work performed the previous month. City Attorney Approved Version 6/12/18 13 EXHIBIT "B" PARKS SERVICE PRICING ITEM NO. DESCRIPTION PRICE 1 Parts and Material Cost Plus 15% 2 Labor for Install, Maintenance and Repair $82.00/Hour 3 Lifting Equipment to 25 Feet $45.00/Hour *Excludes tax at applicable rates as required **Excludes spent materials recycling at applicable rates if required City Attorney Approved Version 6/12/18 14 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 01/31/2019 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). PRODUCER Laurie Hallihan ~2~1~CT Laurie Hallihan ;._~~N:o. ,=,,.,. 619-659-3239 I FAX State Farm /A/C Nol: 619-659-2924 2707 Alpine Blvd #B ~~l~~ss: sam.walker.msaocalstatefarm.com ~ Alpine, CA 91901 INSURER/S) AFFORDING COVERAGE NAIC# INSURER A: State Fann Fire and Casualtv Comoanv 25143 INSURED Fuson Electric INSURER B: State Fann Mutual Automobile Insurance Comoanv 25178 13088 Old Barona, Rd INSURER C: Lakeside, CA 92040 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 LTR TYPE OF INSURANCE A ~NERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY -=:J CLAIMS-MADE 0 OCCUR ------------- ------------- GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY n jf& n LOC AUTOMOBILE LIABILITY f---X ANY AUTO f---ALL OWNED -SCHEDULED f---AUTOS -AUTOS NON-OWNED f---HIRED AUTOS -AUTOS ADDLSUBR ,.,.,,. W\/n ~□ ~ UMBRELLA LIAB H OCCUR □ □ EXCESS LIAB CLAIMS-MADE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Dy/ N OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under 01= /"\CCC ff)i'II\J~ ~-1-••• N/A □ □□ POLICY NUMBER 90-CT-S340-1 292 7244-B19-55A POLICY EFF POLICY EXP /MMIDD/YYYYl IMM/DD/YYYYl LIMITS 01/07/2019 01/07/2020 EACH OCCURRENCE $ 2,000,000 U1'M1'C,!O TO "'°" I ED $ 300,000 PREMISES /Ea occurrence) MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 Deductible $ 1,000 03/27/2019 03/27/2020 COMBINED SINGLE LIMIT /Ea accident) $ 1,000,000 03/27/2018 03/27/19 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ 1,000,000 /Per accident) Comp/ Collision Ded $ 1,000 EACH OCCURRENCE $ AGGREGATE $ $ IT~~JT~~"' I IOTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ Uninsured Motorist Bl-250/500 Uninsured Motorist Property-3500 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P .0. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163-4668 Sa1n, wd/4u I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 MSGP Policy No.: 90CTS3401 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 90CTS3401 Named Insured: FUSON, VERNON DBA FUSON ELECTRIC Additional Insured (include address): City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 FE-6609 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ~ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6609 Printed in U.S.A. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/0D/YYYY) ~ 03/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNEL Y 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 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 CONTACT Ashley T Rosenberg NAME: Bethel Insurance Services Inc. PHONE {619)442-4006 I l'ffc Nol: (619)442-7006 1083 Broadway IAJC No E.t\• E-MAIL Ashley@bethelins.net El Cajon, CA 92021 ADDRESS: INSURER/SJ AFFORDING COVERAGE NAIC# License#: 0D91099 Hartford Fire Ins Co -19682 19682 INSURER A: INSURED Vernon Fuson INSURERS: DBA Fuson Electric INSURER C: 13088 Old Barona Rd INSURER D: Lakeside, CA 92040 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 1 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 ADDL SUBR POLICYEFF ,~3Mi~l LTR l•N"'D .... ~ POLICY NUMBER IMM/0D/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE OoccuR DAMAGE TO RENTED -PREMISES (Ea occurrence\ $ -MED EXP (Any one person) $ ,___'.... PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PR~ □LOC PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY f~~~~~~tf1NGLE LIMIT $ f--ANY AUTO BODILY INJURY (Per person) $ f--OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ f--HIRED -NON-OWNED rp~?~~~t?AMAGE AUTOS ONLY AUTOS ONLY $ f--- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION y 72WECGD9230 03/12/2019 03/12/2020 XI ~¥fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1,000,000 g~rc~fri~ ~~~PERA TIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate is being issued to the holder as evidence of Workers Compensation insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~1fi~ (ATR) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by ATR on March 05, 2019 at 02:00PM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT Policy Number. 72 WEC GD9230 Endorsement Number: Effective Date: 03/12/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: VERNON FUSON 13088 OLD BARONA RD LAKESIDE CA 92040 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section Ill of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO 01 We Will Also Pay PART-THREE 02 How This Insurance Works PART-SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP COVERAGE 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming B. Part One does not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia SECTION Ill 07 Schedule of Covered States PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 4 4 Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) Process Date: 01/31/19 Page 1 of4 Policy Expiration Date: 03/12/20 © 2000, The Hartford PARTS ONE and TWO 1. WEWILLALSOPAY D. We Will Also Pay of Part One {WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two {EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3: litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. SECTION I PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal repr~sentative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily tnJury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental Form We 99 03 02 B Printed in U.S.A. (Ed. 8/00) to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the officer's or employee's employment. Page 2 of4 The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be · entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you I and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily inJury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23- 4-2. Page3 of4 SECTION 111 7. SCHEDULE OF COVERED STATES CA A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Countersigned by -------------:--,,.,..-"7""""......,..,=------,-- Authorized Representative Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) Page4 of4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO WORKERS' COMPENSATION BROAD FORM ENDORSEMENT-EMPLOY;ERS' LIABILITY STOP GAP COVERAGE Policy Number: 72 WEC GD9230 Endorsement Number: Effective Date: 03/12/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: VERNON FUSON 13088 OLD BARONA RD LAKESIDE CA 92040 This endorsement changes the Workers' Compensation Broad Form Endorsement - Employers' Liability Stop Gap Coverage 6. Employers' Liability Stop Gap Coverage Form WC 99 03 58 B Printed in U.S.A (Ed. 7/08) Process Date: 01/31/19 A. This coverage only applies in North Dakota, Ohio, Washington, and Wyoming E. This paragraph is removed. Policy Expiration Date: 03/12/20