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HomeMy WebLinkAboutHart Brothers Construction Inc dba Aquatic Technologies; 2017-12-05; PKRC643Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ALGA NORTE COMPETITION POOL TILE REPAIR: CONTRACT PKRC643 This letter will serve as an agreement between Hart Brothers Construction, Inc. dba Aquatic Technologies, a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace damaged tiles in the Alga Norte competition pool, per the Contractor's proposal dated October 25, 2017 and City specifications, for a sum not to exceed one thousand six hundred eighty dollars ($1,680.00). This work is to be completed within thirty calendar 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, Gove,r:o.ment ~?de ~/12~50, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. C,4J Irnt . , Irnt 6. The Contractor hereby acknowledges that debarment by another jurisdiction ijJl91mds fo~ of Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init ~ init 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. ALGA NORTE COMPETITION POOL TILE REPAIR: CONTRACT PKRC643 --1 --City Attorney Approved 2/29/2016 Tracking#: 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: Jeanette Gant 760-268-4776 Contractor Contact: Andy Taylor 949-493-9548 CONTRACTOR Hart Brothers Construction, Inc. dba Aquatic Technologies 32232 Paseo Adelanto, Suite A San Juan Capistrano, CA 92675 949-493-9548 andy@aquatictechnologies.com By: (sign here) V J (print name/title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: ity Man ger, Deputy City Manager or Department Director as authorized by the City Manager Dated: (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 ALGA NORTE COMPETITION POOL TILE REPAIR: CONTRACT PKRC643 •• 2 •• City Attorney Approved 2/29/2016 10/25/2017 Jeanette Gant City of Carlsbad Aquatic Technologies 32232 Paseo Adelanto Suite A San Juan Capistrano, Ca 92675 Phone (949)493-9548 www.Aguatictechnologies.com Proposal for Alga Norte Tile Repair Aquatic Technologies is pleased to propose the necessary tile repairs on the 50 meter pool at the Alga Norte facility. Remove and replace damaged waterline and gutter cap tiles damaged by water polo goals ......................................................................................................... $1680.00 Notes: tile to be provided by owner out of attic stock Work will be completed between December 26th and January 7th AQUAT-H OP ID: BMZ ACORD .. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/07/2017 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 CONTACT NAME: Crosby Insurance rtgNJo E><tl: 714-221-5200 I r.t~ Nol: 714-221-5210 8181 E. Kaiser Blvd Anaheim Hills, CA 92808 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Colony Insurance Company /39993 INSURED Hart Brothers Construction Inc INSURER B:AMERICAN ZURICH INS.CO. 40142 dba: Aquatic Technologies INSURER c: Navigators Specialty Ins Co. 136056 Aquatic Technologies, Inc. INSURER D :Zurich American Ins. Co. 16535 dba: Aquatic Services, Inc. 32232 Paseo Adelanto #A INSURER E: San Juan Capistrano, CA 92675-3600 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 ADDL SUBR POLICY EFF . l~~}-i!i'fiYv%, i LIMITS LTR TYPE OF INSURANCE I ,.,on l""'D POLICY NUMBER IMM/DD/YYYYl A ~MMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00C ~, _, _ CLAIMS-MADE [!] OCCUR X 103GL001024103 10/01/2017 10/01/2018 I ~~~'~:Sit/Ei~~~~~r~ence) $ 100,00C I MED EXP (Any one person) $ 5,00C --j I PERSONAL & ADV INJURY 1,000,00C $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00C ----, [!] PRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,00C : POLICY ' JECT -OTHER: Emp Ben. $ 1,000,00C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00C !Ea accident) -B X ANY AUTO X BAP4503557 -05 10/01/2017 10/01/2018 : BODILY INJURY (Per person) $ ~ ALL OWNED SCHEDULED I BODILY INJURY (Per accident) I $ I_ AUTOS ~ AUTOS ' NON-OWNED I I PROPERTY DAMAGE $ -HIRED AUTOS ~ AUTOS 1 (Per accident) ! $ UMBRELLA LIAB ~ OCCUR I ; EACH OCCURRENCE $ 2,000,00( C X EXCESSLIAB CLAIMS-MADE SE17EXC8469381C 10/01/2017 10/01/2018 AGGREGATE $ 2,000,00( / I DED I 1 RETENTION $ $ ; WORKERS COMPENSATION I PER I OTH- 1 AND EMPLOYERS' LIABILITY X STATUTE I ER Y/N 1,000,000 D i ANY PROPRIETOR/PARTNER/EXECUTIVE D X WC4503556-05 10/01/2017 10/01/2018 E.L. EACH ACCIDENT $ i OFFICER/MEMBER EXCLUDED? N/A i I EL. DISEASE -EA EMPLOYEE $ 1,000,000 ! (Mandatory in NH) ; ~~isc~Tti'r~~ ~~d~,'PERATIONS below ! E.L. DISEASE -POLICY LIMIT $ 1,000,000 i DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Ten day notice of cancellation will be tven for non-pa~ment of premium• RE: Alga Norte Competition Pool Tile epair. Contract KRC643. City of Carlsbad, its a~ents, officers, officials, employees and volunteers are named as addi ional insured where required under written contract. CERTIFICATE HOLDER CANCELLATION CITYCAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Department 5950 El Camino Real AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 CB~cM I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 103GL001024103 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured 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 injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the projee,1 (other than service, maintenance or repairs) to be perfomied by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 103GL001024103 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s} Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured 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 injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement. 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 Ill -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 applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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 applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the poli cy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the pol icy.) This endorsement, effective on 10/01/2017 (DATE) at 12:01 AM. standard time, forms a part of Policy No. of the WC4503556-05 Endorsement No. Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to Harty Brothers Construction Inc. dba Aquatic Technologies Premium (if any) $ Authorized Representative 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 named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agr.eement from us.) You must maintain payroll records accurate I y segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization % of the California workers' compensation pre- Job Description All persons or organizations when required by written contract WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1