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HomeMy WebLinkAboutPatterson Brothers Lighting Inc; 2017-10-19; PWL18-37GSTracking #: PWL 18-37GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CARLSAD VILLAGE DRIVE AND APPIAN ROAD STREET LIGHT REPAIR This letter will serve as an agreement between Patterson Brothers Lighting, Inc., a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install new street light pole and fixture at the intersection of Carlsbad Village Drive and Appian Road, per Exhibit A and City specifications, for a sum not to exceed three thousand seven hundred fifty dollars ($3,750). 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. bject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Go\l , ment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __,.....,._. __ init ____ init 6. The Contcactoc heceby acknowledges that debacment by anothec jucisdictio~ounds foe 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. CARLSAD VILLAGE DRIVE AND APPIAN ROAD STREET LIGHT REPAIR --1 --City Attorney Approved 2/29/2016 Tracking #: PWL 18-37GS 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: Bryant Hill, 760-434-2980 Contractor Contact: Kyle Patterson, 619-390-3797 CONTRACTOR PATTERSON BROTHERS LIGHTING, INC., a California corporation PO Box 2037 Lakeside, CA 92040 P-619-390-3797 F-619-390-2875 kyle@pattersonbrotherslig hting. com By: (sign here) · By: ~~ (sign ere) , k'.'.,_,....,µ-'&---A-'-~~~ (print name/tit}k 7 CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lu key/Pile Works 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. BR EWER, City Attorney BY: Deputy City Attorney CARLSAD VILLAGE DRIVE AND APPIAN ROAD STREET LIGHT REPAIR --2 --City Attorney Approved 2/29/2016 Tracking #: PWL 18-37GS EXHIBIT A Provide all labor, equipment and materials necessary to install new street light pole and fixture at the following intersection. 1. Carlsbad Village Drive and Appian (City of Carlsbad Hansen Work Order 482178). 2. Install traffic control in accordance with California MUTCD. The pole and fixture shall be placed on existing foundations. Installation shall include setting pole, installing mast arm, light fixture, and miscellaneous electrical work between the pull box and street light as well as pouring new concrete cap. Provide traffic control. All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2015 Standard Specifications for Public Works Construction (Greenbook), 2010 Caltrans Standard plans, Caltrans Specifications and California MUTCD. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Install Ameron pole 2B2-262 concrete street light pole $3,500.00 with new city supplied LED light fixture on existing foundation at Carlsbad Villai::ie Drive and Appian. 1 LS 1 Traffic control set up for one (1) location *Includes taxes, fees, expenses and all other costs. CARLSAD VILLAGE DRIVE AND APPIAN ROAD STREET LIGHT REPAIR --3 -- $250.00 Total* $3,750.00 City Attorney Approved 2/29/2016 PATTBR0-01 MEGANSEITZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/27/2017 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: NFP Property & Casualty Services, Inc. PHONE I FAX 6165 Greenwich Dr Suite 200 (AIC, No, Ext): (858) 869-8300 __ --~~------_ (A/C, No):(858) 869-8301 _ _ San Diego, CA 92122 E-MAIL ADDRESS: ---- INSURER{Sl AFFORDING COVERAGE NAIC # INSURER A: James River Insurance Co 12203 INSURED INSURER B: Nationwide Mutual Ins Co 23787 Patterson Brothers Lighting, Inc. INSURER c: State Como Ins Fund of CA 35076 P.O. Box 2037 INSURER D: Lakeside, CA 92040 -- 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 lYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR INSD WVD IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILllY EACH OCCURRENCE __ L 1,000,000 f----==1 CLAIMS-MADE 0 OCCUR --------~-50,000 X 000674452 07/01/2017 07/01/2018 DAMAGE TO RENTED PREMISES (Ea occurrence\ $ ~- MED EXP /Anv one oerson\ 1$ 1,000 ---------.-------------- PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ Fl POLICY [K] m?-r D LOC ---------· --2,000,000 PRODUCTS -COMP/OP AGG s OTHER: s J B ~TOMOBILE LIABILllY COMBINED SINGLE LIMIT 1,000,000 ~~rJ!L __ -------$ X ANY AUTO ACP3027201492 07/01/2017 07/01/2018 BODILY INJURY (Per person) $ ~-OWNED ,--SCHEDULED -AUTOS ONLY I_ -AUTOS _13_QQl1Y _11'-!JU_R'Y (Per_accident) $_ ----------- - HIRED ~- NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY _/Per accident\ $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ ----lo~ I RETENTION$ I $ C WORKERS COMPENSATION XI PER LJ_FTH-AND EMPLOYERS" LIABILllY STATUTf_ ER Y/N X 913647017 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [YJ E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) ~L DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ I I I i DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is an additional insured, as required by written contract with the named insured, per the attached CG2010 07 04 and CG2037 07 04 forms regards to General Liability. Waiver of Subrogation applies per the attached SCIF 10217 in regards to Workers Compensation. Blanket forms apply as required by written contract with the named insured. Should any of the required policies be cancelled before the expiration date thereof, we will mail 30 days written notice to the City of Carlsbad/CMWD. *THIS CERTIFICATE CANCELS AND SUPERSEDES THE CERTIFICATE PREVIOUSLY ISSUED ON 09/05/17.* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: 000674452 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Or~anization(s): tions Where required by written contract or written agree-All operations of the Named Insureds ment Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(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 desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". © ISO Properties, Inc., 2004 Page 1 of 1 D POLICY NUMBER: 000674452 / COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Where required by written contract or written agreement All operations of the Named Insureds 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 D STATE: ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COfV'IPEN~.:..TIOi'-, I rJ S 1_1 R A I', <_ E HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JULY 1, 2017 AT 12.01 A.M. AND EXPIRING JULY 1, 2018 AT 12.01 A.M. PATTERSON BROTHERS LIGHTING, INC PO BOX 2037 LAKESIDE, CA 92040 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAM.ED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9136470-17 RENEWAL NA 3-32-60-78 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: E:::!t!.~ JUNE 29, 2017 PRESIDENT AND CEO 2572 SCIF FORM 10217 tREV.7·2014] OLD DP 217 1