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HomeMy WebLinkAboutPalmerin Construction Inc; 2020-06-17; PWL20-1125TRANTRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CHESTNUT AVENUE STREET LIGHT HANDHOLE AND IN-LINE FUSE INSTALLATION This letter will serve as an agreement between Palmerin Construction, Inc., a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary for installation of handhole and WTR Box, per Exhibit A and City specifications, for a sum not to exceed four thousand eight hundred nineteen dollars ($4,819). This work is to be completed within five (5) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney’s fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers’ Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best’s Key Rating of not less than “A-:VII”,; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the “Immigration Reform and Control Act of 1986” (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ 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. _______ 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. DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 TRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 2 - City Attorney Approved 2/29/2016 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: Michael O'Brien, 760-421-9158 Contractor Contact: Tarynn Ballinger, 951-677-7609 CONTRACTOR Palmerin Construction, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 42425 Ivy St. Murrieta, CA 92562 P: 951-677-7609 F: 951-600-1954 tarynn@palmerinconstruction.com By: By: (sign here) Ricardo Palmerin, President & CEO Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager (print name/title) By: Dated: (sign here) Miguel Gonzalez, Treasurer & CFO (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 June 17, 2020 TRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 3 - City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF WORK AND FEE Contractor will provide all the necessary material, equipment and labor to install a below grade, 1 amp, inline fuse and access box at the Chestnut Avenue street light, just west of the Interstate 5 Freeway in Carlsbad, California. Work is to include but not limited to, excavation of area adjacent to existing handholes, installation of WTR box and needed conduit (1-1/2”), #12 conductors (with 40’ extra slack in the street light handhold), and 1 amp inline fuse system. All work shall meet San Diego Gas and Electric (SDGE) requirements and specifications for underground source. Contractor will verify the inline fuse is operational and congruent with all SDGE specficiations prior to completion of the project. DESCRIPTION PRICE Installation of handhole, WTR box with 1 amp inline fuse, #12 conductors, and conduit to SDGE specifications and standards. $4,819 *TOTAL $4,819 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 TRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 4 - City Attorney Approved 2/29/2016 EXHIBIT B Specifications and Location DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 TRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 5 - City Attorney Approved 2/29/2016 EXHIBIT B Specifications and Location (Cont.) DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 TRACKING #PWL20-1125TRAN Chestnut Avenue Street Light Handhole and In-line Fuse Installation - 6 - City Attorney Approved 2/29/2016 EXHIBIT C Contractor’s Proposal for Services DocuSign Envelope ID: 604D3B29-528F-4315-B885-A828A7B83056 06/08/2020 SGB Insurance Services, Inc. 32100 Clinton Keith Rd Ste G Wildomar, CA 92595 License #: OE81015 Judy Betts (951)678-7290 (951)678-6540 judy@insuremesgb.com 00009865-1761194 63 Palmerin Construction Inc 42425 Ivy St Murrieta, CA 92562-6254 Benchmark Insurance Company A Y BIC5020219 09/17/2019 09/17/2020X X X 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 California Automobile Insurance Company 38342 B BA040000018586 10/30/2019 10/30/2020 X X X 1,000,000 Kinsale Insurance Company C 0100095944-0 09/17/2019 09/17/2020X X 1,000,000 1,000,000 Benchmark Insurance Company A Y CST5016812 07/31/2019 07/31/2020 Y X 1,000,000 1,000,000 1,000,000 The City, its officials, employees and volunteers are included as additional insured as respects liability arising out of work or operations performed by or on behalf of the the Named Insured per blanket Additional Insured Endorsement attached. Workers Compensation waiver of subrogation ordered and to follow when received from insurance company. All policies include a 30 day notice of cancellation except 10 days non-payment City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P O Box 947 Murrieta, CA 92564 (JAB) Printed by JAB on June 08, 2020 at 02:02PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDLSUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOSHIREDNON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION$$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (ed. 7-01) WC 89 06 00 B The following item(s) Is changed to read: Specific Waiver for The City of Carlsbad. Insured's Name Policy Number Effective Date Expiration Date Insured's Mailing Address Experience Modification Producer's Name Change in Workplace of Insured Insured's Legal Status Item 3. A. States Item 3. B. Limits Item 3. C. States Item 3. D. Endorsement Numbers Item 4. * Class, Rate, Other Interim Adjustment of Premium Carrier Servicing Office Interstate/Intrastate Risk ID Number Carrier Number Issuing Agency/Producer Office Address X ** Any change in premium and/or rate(s) will be reflected on monthly reporting forms/invoices and will be subject to audit. ** WC 89 06 00 B (Ed. 7-01) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 07/31/2019 Policy No.CST5016812 Endorsement No. Premium $ Insured: Coverage Dates: 07/31/2019 - 07/31/2020 Carrier Name / Code:Benchmark Insurance Company A Countersigned by Palmerin Construction, Inc. © Copyright 2001 National Council of Compensation Insurance, Inc. All Rights Reserved. 1 11,084 WC 04 03 06 (Ed. 4-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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 agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _3_% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Carlsbad Installation of handhole WTR Box. 945 Chestnut Ave Carlsbad, CA 92008 945 1/3 Chestnut Avenue, Carlsbad, CA 92008 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Countersigned by Policy No.CST5016812 Benchmark Insurance Company ACarrier Name / Code: Palmerin Construction, Inc. Endorsement Effective 07/31/2019 (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ©1998 by the Worker's Insurance Rating Bureau of California. All rights reserved. (Ed. 4-84) WC 04 03 06 Premium $ 100.00 Insured Endorsement No.1 Coverage Dates: 07/31/2019 - 07/31/2020