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HomeMy WebLinkAboutMark Thomas and Associates Inc; 2017-08-24; PWL18-31GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CITY HALL IR SCAN -2017 PWL18-31GS This letter will serve as an agreement between Mark Thomas & Associates, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete the work per Exhibit "A" and City specifications, for a sum not to exceed one thousand five hundred fifty dollars ($1,550). 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, Gov~rnment ?~de sections 126~0: et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. :V-4l m,t ____ m,t 6. The Contractor hereby acknowledges that debarment by another jurisdictio~rounds for the City 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. City Hall lR Scan -2017 -1 -City Attorney Approved 2/29/2016 PWL18-31GS 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: Mark Thomas 760-658-6098 CONTRACTOR Mark Thomas & Associates, Inc., a California corporation 350 Pauma Place Escondido, CA 92029 P: 760-658-6098 F:O mark@mtaee.com CITY OF CARLSBAD, a municipal corporation of the State of California ~: --~ ~ A A \,--L :s: ,._/ V \-v-L--- (sign here) m(Ar~\horY'G\,':::> ?'<'f.,.S,d(tr\-- (print name/title) By: .~Cs = (sign here) m C,..v t"\ho M4 s (print name/title) Dated: Elaine Lukey /~Works Director as authorized by the City Manager (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Deputy City Attorney City Hall lR Scan -2017 -2-City Attorney Approved 2/29/2016 PWL18-31GS EXHIBIT A Contractor to provide all labor, equipment and materials necessary to perform a complete an infrared survey of the electrical distribution system for the three City of Carlsbad City Hall buildings located at 1200 Carlsbad Village Dr., Carlsbad, CA 92008. Scope of work to include infrared scanning of all electrical panels, transformers, distribution boards, switchboards, disconnects, VFD's, and motor starters. Contractor to provide small labels affixed to each piece of equipment marked with the date of the survey. Contractor to provide a complete infrared scanning report detailing any and all problem areas, as well as provide list of all equipment and locations scanned under this project scope. Deliverables to be provided in digital form. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Conduct complete infrared survey of the electrical $1,550.00 distribution system of the three City Hall buildings. TOTAL* $1,550.00 *Includes taxes, fees, expenses and all other costs. City Hall lR Scan -2017 - 3 -City Attorney Approved 2/29/2016 ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 08/08/2017 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 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 CONTACT NAME: Marc Nimetz Marc Nimetz PHONE I FAX 14261 Danielson St Ste B (A/C, NO, EXT): 858-866-8147 (A/C, NO): 858-815-6930 E-MAIL Poway CA 92064-8897 ADDRESS: mnimetz@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 MARK THOMAS AND ASSOCIATES INSURERC: Mid Century Insurance Company 21687 350 PAUMA PLACE ---- INSURERD: --- INSURER E: ESCONDIDO CA 92029 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 ADDTL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) - X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 J CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED $ PREMISES (Ea Occurrence) 75,000 - MED EXP (Any one person) $ 5,000 A y y 606307484 11/11/2016 11/11/2017 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ POLICY D PROJECT D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ ~ ~ OWNED AUTOS SCHEDULED BODILY INJURY (Per accident) $ ONLY AUTOS ~ ~ ----- HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) ~ f----- $ ---·--- X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LIAS CLAIMS-MADE y y 606312600 11/11/2016 11/11/2017 AGGREGATE $ 1,000,_000 OED IX I RETENTION $1 ~.000 $ -- WORKERS COMPENSATION I PER I I OTHER $ AND EMPLOYERS' LIABILITY STATUTE ,--- ANY PROPRIETOR/PARTNER/ Y/N E.L. EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER = N/A E.L. DISEASE -EA EMPLOYEE ~ EXCLUDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF E.L. DISEASE-POLICY LIMIT $ OPERATIONS below ------------------- -- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CITY OF CARLSBAD 1635 FARADAY AVE ACORD 25 (2016/03) 31-1769 11-15 ------- 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 fftaA.C-/f/'~ © 1988-2015 ACORD CORPORATION_ All Rights Reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 606307484 / BUSINESSOWNERS BP 04 48 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF CARLSBAD * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 D _........, LMB I ;7; j;~~;YY) ACC,RC,9 ...______, CERTIFICATE OF LIABILITY INSURANCE R054 THIS CERTIFICATEIS 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 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 CONTACT NAME: AUTO CLUB INSURANCE AGENCY LLC/PHS PHONE (A/C, No, Ext): (866) 467-8730 ,~AX (A/C, No): ( 8 8 8) 443-6112 253682 P:(866) 467-8730 F: (888) 443-6112 E-MAIL ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A: Hartford Accident & Indemnity Co 22357 INSURED INSURER B: INSURER C: MARK THOMAS AND ASSOCIATES, INC INSURERD · 350 PAUMA PL JNSURERE: ESCONDIDO CA 92029 INSURERF: 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 TYPE OF INSURANCE ADDL SUHR POLICY NUMBER POLICYEFF POLICY EXP LIMITS TD INSR •=m (MMIDD/YYYYJ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I 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 $ ~ 0 PRO-o PRODUCTS -COMP/OP AGG POLICY JECT LDC $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT sl, 000, 000 (Ea accident) -./ X ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED A AUTOS ONLY AUTOS X X 72 UEC GZ3455 06/24/2017 06/24/2018 BODILY INJURY (Per accident) $ --HIRED NON-OWNED X X PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ --s UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDI !RETENTION$ $ WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LTABIL/Tf STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? D NIA -(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ -If yes, describe under E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101, Addltional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations_ Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER 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. City of Carlsbad AUTHORIZED REPRESENTAnVE -1635 FARADAY AVE 7~ / ~L~ CARLSBAD, CA 92008 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: -------------------- LO C #: -------- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED AUTO CLUB INSURANCE AGENCY LLC/PHS POLICY NUMBER MARK THOMAS AND ASSOCIATES, INC SEE ACORD 25 350 PAUMA PL CARRIER I NAICCODE ESCONDIDO CA 92029 SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 2 5 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The city of Carlsbad its officials, employees, and volunteers are named as Additional Insured here under as respects liability arising out of activities performed by or on behalf of the named insured per the Commercial Auto Broad Form Endorsement HA9916, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Commercial Auto Broad Form Endorsement HA9916, attached to this policy. Coverage is primary and non-contributory per the Commercial Auto Broad Form Endorsement HA9916, attached to this policy. Notice of Cancellation will be provided in accordance with Form IH0313, attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -~ I DATE (MM/DD/YYYY) AC:C,RH CERTIFICATE OF LIABILITY INSURANCE -------08/07/2017 THIS CERTIFICATEIS 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 SUBROGATIONIS 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: BIN INSURANCE HOLDINGS LLC/PHS PHONE !FAX (888) 443-6112 (A/C, No, Ext): (866) 467-8730 (A/C, No): 46505500 E-MAIL THE HARTFORD BUSINESS SERVICE CENTER ADDRESS 3600 WISEMAN BLVD INSURER($) AFFORDING COVERAGE NAIC# SAN ANTONIO, TX 78265 INSURER A: The Hartford Underwriters Insurance 30104 INSURED INSURERS: MARK THOMAS AND ASSOCIATES, INC INSURERC: 350 PAUMA PL INSURERD: ESCONDIDO CA 92029-1702 INSURER E: INSURERF: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDDIYYYYl !MM/DD/VYYVl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE OoccuR DAMAGE TO RENTED PREMISES (Ea occurrence\ $ >--- MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ -A'"'""D' ~~Er'" GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS· COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ I /Ea accident\ >-- ANY AUTO BODILY INJURY (Per person) $ >--ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ >---$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ >--EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION x lsTATUTE I 1u1H-ER $ AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE C -A OFFICER/MEMBER EXCLUDED? NIA 46 WEC AA3HFB 06/08/2017 06/08/2018 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) ~ / If yes, describe under E.L. DISEASE· POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. Project Name:PWL 18-31GS-City Hall lR Scan-2017. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1635 FARADAY AVE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD CA 92008-7314 AUTHORIZED REPRESENTATIVE ---7~-c .---i,-7 o...1..-t I<~~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD