Loading...
HomeMy WebLinkAboutKnorr Systems Inc; 2019-04-18; PKRC702Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER: CONTRACT PKRC702 This letter will serve as an agreement between Knorr Systems, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace existing main drain covers for the Alga Norte competition pool, per the Contractor's proposal dated March 21, 2019, attached scope of services and City specifications, for a sum not to exceed four thousand nine hundred eighty-five dollars and seventy-four cents ($4,985.74). 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. 'f:-e._ init t.,e_ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. rif-.init 12. 1?._ 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. REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER; CONTRACT PKRC702 --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: Timothy Kane, 760-268-4780 Contractor Contact: Tim Ackerman 714-754-1405 CONTRACTOR Knorr Systems, Inc. 2221 Standard Avenue Santa Ana, CA 92707 714-754-4044 Office 714-754-1405 Fax tima2@knorrsystems.com By: -\ --7 By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant It an r, 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~ REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER; CONTRACT PKRC702 --2 --City Attorney Approved 2/29/2016 ·-• KNDR R SYSTEMS, INC. Service Supported Distribution"' A P~YCORE. Company October 31, 2017 ELECTRONIC MAIL AND FEDERAL EXPRESS City of Carlsbad Parks & Recreation Management Analyst 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 RE: COMPANY SIGNATURE AUTHORIZATION To Whom It May Concern: Effective October 3, 2016, PlayCore Wisconsin, Inc. ("PlayCore") acquired Knorr Systems, Inc. ("KSI"). PlayCore delegates signing authority up to $250,000.00 (Two Hundred Fifty Thousand Dollars and Zero Cents) to the Vice President -General Manager of the local entity. The individual below is authorized to sign for all matters relating to the City of Carlsbad deemed necessary for compliance. Rich Robert, Vice President-General Manager, Knorr Systems, Inc. We appreciate your attention to this matter. Sincere7 ) ~I/ Rick Ruegger Senior Vice President and CFO PlayCore Aquatic Equipment, Mechanical Room 8. Water Treatment Specialists SOuthErn caJifOrna: 2221 Stantlard AVE<'JJe Santa Ana, CA 92707 Pnon&: (714) 764-JO.S4 Fax: (714) 764-1406 Northern caJifOrllia: Tllx:mlOk!ahoma: 2021 Laa ~':Sa Com. Slt".s 4320 SUlbelt tlf1ve 1 -13 Adcfoon. 1X 76001 i.t.,armcre, CA 9.io61 Pnone: (972) 732-0306 Rior.e: f.926} 273-0722 Fax: (972) 732-0306 Fax: {tl26} 273-0726 EXHIBIT A SCOPE OF WORK Tracking#: Knorr Systems, Inc. will remove and replace existing main drain covers for the Alga Norte competition pool. Work includes: • Use S.C.U.B.A to access main drain covers • Remove main drain covers • Inspect existing cover frames • Install two (2) sets of three (3) new VGBA approved drain covers with new hardware Agreement shall not exceed $4,985.74. REPLACE DRAIN COVERS AT ALGA NORTE AQUATIC CENTER; CONTRACT PKRC702 --3 --City Attorney Approved 2/29/2016 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 07/31/2018 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 pollcy(les) must have ADDITIONAL INSURED provisions or 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 ~:m:r,--: Marsh USA. Inc. r,.H~N,t .,_.,, I FAX Two Allialce Center IA/C Nol: 3560 Lenox Road, Suite 2400 E-MAIL annDo:RR: Aaanta, GA 30326 Attn: Allanta.CertRequesl@marsh.com/ Fax: 212-948-4321 INSURl!RISI AFFORDING COVERAGE NAIC# CN102326389-CAS.-OAUWX-18-19 INSURER A : Westchester Are Insurance Comoanv 10030 INSURED INSURER B : National Union Fire Ins Co. of Pittsburah PA 19445 Knorr Systems, Inc. INSURER C : Phoenix Insurance C'.tVmanY 25623 2221 S. Stilldard Ave. Santa Ana, CA 9Z107 INSURER D : Travelers PronArtv Casualtv C',vnnMV Of America 25674 INSURER E : UbAliv Sumlus Insurance C'.nrn 10725 INSURERF: COVERAGES CERTIFICATE NUMBER: A TL-004733402-09 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTII\IITHSTANDING 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 ,:&fo~, POLICY EXP LIMITS LTR lltJCtn ···••ft POLICY NUMBER .. A X COMMERCIAL GENERAL LIABILITY G2821BOOA 002 08/01/2018 08/01/2019 EACH OCCURRENCE $ 2,000,000 1-- :] CLAIMS-MADE 0 OCCUR URM#\1.>C TO l<Cl'I I CU PREMISES ,ea $ 100,000 1--EXCLUDED X SIR $50,000 Per 0cc. MED EXP /Anv one P8110nl $ 1--2,000,000 PERSONAL & ADV INJURY $ 1-- GEN'L AGGREGAlE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 R POLICY 0 ~f8;= □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: POLICY AGGREGATE $ 10,000,000 D AUTOMOBILE LIABILITY TJ.CAP-9D897065TIL-18 08/01/2018 08/01/2019 ~~~~INGLE LIMIT s 1,000,000 X ANY AUTO BODILY INJURY (Par pem,n) $ ,--01/VNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED rp~:~~AMAGE $ -AUTOS ONLY -AUTOS ONLY CompJColl. Ded.: $1,000 $ ti X UMBRELLA UAB ~OCCUR BE 014788208 08/01/2018 08/01/2019 EACH OCCURRENCE $ 25,000,000 -25,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION s 10 000 $ D WORKERS COMPENSATION TROUB-9090032-6-18 VO/Ul/.!VIO 08/01/2019 XI ~ffnm: I I OTH-Elt C AND EMPLOYERS' LIABILITY YIN TC2NUB-9D90031+18 08/01/2018 08/01/2019 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT s 1,000,000 D OFFICER/MEMBER EXCLUDED? N/A UB-7 J602089-18-14-G 08/01/2018 08/01/2019 (Mandatory In NHI E.L DISEASE -EA EMPLOYEE $ 1,000,000 gisc~ ~PERATIONS below (See Addiliooal Page.) E.L DISEASE -POLICY LIMIT $ 1,000,000 E Excess Umbrella 1000054456-08 08/01/2018 08/01/2019 Each Occurrence 25,000,00( Aggregate 25,000,00( DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la requlracl) RE: AB Jobs City of Carlsbad Is Hsted as additional insured In regards to services during each project perfonned by lhe Insured, on a primary and non-amtributory basis via CG 2010 & CG 2037 , where required by written rontract. . A Waiver of Subrogation applies in favor of lhe additional insured on lhe Workers Compensation policy where required by written contract. CERTIFICATE HOLDER Clly of Carlsbad c/o Parks & Raaeatlon Department 6565 Alicanta Road Gartsbad, CA 92009 I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marah USA Inc. Manashl Mukherjee © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102326389 ------------------LO C #: Atlanta -~ ACOR6J ADDITIONAL REMARKS SCHEDULE L..__,, AGENCY NAMED INSURED Marsh USA, Inc. Knorr Systems, Inc. 2221 S. Standard Ave. POLICY NUMBER Santa Ana, CA 9'llfJl CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Co~nsation (Continued): TROUB-9090032-6-18 {Al., Fl, OR, WI, MA) TC2NUB-9D90031--4-18 (AL co GA IA IL IN KS KY MD Ml MO MT NC NE tN NY OK PA SC TN TX un UB-7J602089-18-14-G {AZCA COCT FL GA ID IL IN KS MD MN MO MT NC NH tN NY OKOR PA TNTX\W) Page 2 of 2 ---- ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED: PLAYCORE GROUP, INC. POLICY EFFECTIVE DATES: 08-01-2018 -08-01-2019 POLICY NUMBER: G2821800A 002 INSURER AFFORDING COVERAGE: Westchester Surplus Lines Insurance Co. COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 Oraanization(s) Location(s) Of Covered Operations Blanket as required by written contract As per written contract 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 project (other than service, maintenance or repairs) to be performed 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 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 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