Loading...
HomeMy WebLinkAboutRick Post Welding; 2018-09-18; PWL19-486UTILTRACKING# PWL 19-486UTIL CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT TAP INSTALLATIONS AT FOUR SEWER FORCE MAINS: CONTRACT 5513 This letter will serve as an agreement between Rick Post Welding, a sole proprietorship, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to Installation of two inch wet taps on four sewer force mains of various materials, per Exhibit A and City specifications, for a sum not to exceed two thousand twenty five dollars ($2,025). This work is to be completed within twenty (20) 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 sectiO,QS 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Sl-.,\>. init J t' init 6. The Contractor hereby acknowledges that debarment by another jurisdiction~~ounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. . init J p 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. TAP INSTALLATIONS AT FOUR SEWER FORCE MAINS: CONTRACT 5513 -1 --City Attorney Approved 2/29/2016 TRACKING# PWL 19-486UTIL 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: David Hull 760-603-7322 Contractor Contact: Rick Post 760-598-1186 CONTRACTOR RICK POST WELDING, a sole proprietorship 3863 Sumac Summit Fallbrook, CA 92028 P: 760-598-1186 F: 760-731-1396 rickpostwelding@gmail.com By: ~~~'~ (sign here) Rick Post, Owner (print name/title) ~ (sign here) -Xu&&t~~u. (print name/title) ~ CITY OF CARLSBAD, a municipal corporation of the State of California Dated: Ter Smith, Interim Utilities 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: TAP INSTALLATIONS AT FOUR SEWER FORCE MAINS: CONTRACT 5513 - 2 -City Attorney Approved 2/29/2016 TRACKING# PWL 19-486UTIL EXHIBIT A TAP INSTALLATIONS AT FOUR SEWER FORCE MAINS Contractor to install two inch taps on sewer force mains without disrupting service at four locations, Villas, Sandshell, Knots and Cannon lift stations. Contractor will also weld coupling for three locations which are steel material force mains. Contractor to provide safe working conditions for confined space work and follow OSHA regulations. City to provide and install hardware, including corporation stops, tapping saddles, and valves. SCOPE OF WORK AND FEE DESCRIPTION PRICE Installation of two inch wet taps on four sewer force mains of various materials as follows: • One 2" on 4" ductile iron pipe . • One 2" on 14" steel pipe. Weld on coupling & tap . • Two 2" on 6" steel pipe. Weld couplings & tap . *Includes taxes, fees, expenses and all other costs. TAP INSTALLATIONS AT FOUR SEWER FORCE MAINS: CONTRACT 5513 --3 -- $450 $575 $1,000 TOTAL $2,025 City Attorney Approved 2/29/2016 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 09/13/:l019 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER '-'UNIA.'-'1 Robert L Hemme NAME: Strachota :Insurance Agency, me. -Temec PHOIE I FAX 27710 Jefferson Ave., Ste. 100 141" No <=vt1: (951) 676-2229 iAii:: Nol: E-MAIL leaestrachota.com Temecula CA 92590 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC• INSURERA: State Compensation ms Pund 35076 INSURED (760) 599-1196 INSURER B : Ohio Casualty Insurance Compan 24074 Rick Post Welding INSURERC: 3963 Sumac S\DDlllit INSURERD: Pallbrook CA 92029 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: Cert ID Sl:l9 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. NOiWrTHSTANDING 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 ~~~ ".;:::;: LTR POLICY NUMBER P_I/Ll1~ IMMIDD ~~~ LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [!] OCCUR UAMAC,t: IV ~,co : I t:U y BLO56429990 03/26/2018 03/26/201!1 PREMISES (Ea occurrencel $ 500,000 - MED EXP (Any one person) $ 15,000 - PERSONAL & MJV INJ..IRY $ 1,000,000 - GEN"L AGGREGATE LIMIT .APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ POLICY D 18-F DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDtf INGLE LIMIT (Ea accident $ - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -f---NON-Ov-.NED r:e~~~iJe~NAMAGE HIRED AUTOS AUTOS $ -f--- $ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION s $ WORKERS COMPENSATION I PER I I OTH-A AND EMPLOYERS' LIABILITY y 9136466-19 06/26/2018 06/26/201!1 X STATUTE ER Y/N ANY PROPRIETORIPARTNER/EXECUllVE D E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 grs~~ftfi'8~ ~~PERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remartu Schedule, may be attached If more space It required) RE: Tap :Installations at Pour Sew.r Poree Mains Agreement# PWL19-496UTIL Carlsbad Municipal Water District and The City of Carlsbad, its officials, employees and volunteers are named as additional insured with respects to General Liability per the attached endorsement CGB6111016. Waiver of Subrogation applies as respects to the Workers' Compensation per form SCIP PORM 10217 (Rev.7-2014). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS :Insurance Compliance Services Po Box 4668-BCM#35050 AUTHORIZED REPRESENTATIVE New York NY 10163 µ~ I @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 1 of 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE llllK'DOrtYYYl ~ 08.l2212018 THIS CERTIRCATE 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 C4tltlflcata holder Is an ADDmONAL INSURED, the policy(les) must bo endorsed. If SUBROGATION IS WANED, subject to the term, and condition• of th• policy, certain pollclft may requl,. an endorHment. A statement on thi1 cettifieate cloe1 not confer rights to the c;erttftc;ate holder In lieu of auch endorHmenl(a). PltOOUCDt LORI BRANDNER ~ACT LORI BRA]'IDNER_ ··--·-.. .,--·-l'ttOIIE ' FAX 1097 S MISSION RD m· NLlall.J.-®:.r28-8020 ... ..1 INC. No). 760-72HQa.l ·- FALLBROOK CA 92028 ~LORI BRANDNER CV2Z@STATEFARM.CQM --~ INIU~.LI} AFF~ COYI.IIACK __ l __ }IAJCI ·- .. ~~~-·State farm Mutual Aulomoblle ln~noe Corn.J!i!!!Y_. ______ . 25178 -------·--1111-RICK A POST -~· ·-· ------· 3863 SUMAC SUMMIT DR INSURDtC: ------ FALLBROOK CA 92028 .!t~.D -· ·-· -·· INi,tl~I!: ----·---···--· -· .. _.,_, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I THIS IS TO CERllFY Tt!Al THE POLICIES OF INSURANCE LISTED BELOW HAVE BE-.EN ISSUED 10 nlE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED N0lW111iSTANDING ANY REQUIREMENT, TERM OR CONDITION OF mY CONTRACT OR OTHER DOCUMENT WITH RESPECT lO WtflCff THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROE-.0 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS. t:J(CLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~ TM M --..;IUIWICC --~T PCUCY ... --· --r-POOCY EFf . l'OUCY lllCP --··----- j COllll[q~l GENf~_l II.Iii. UY . I CI.AJIJS,\IA:'.Jf: --·· OCCVR -·-··----- (,;f.N', AGr.REGI\TE JMIT AP?l.lES PER· I . r··-P>IO--; . . ' POLICY ' OP~· ! ' LOC LJLJj I LJLJ CO2 0290-E02-55L (2011 FORD F550 1244921 419 5224-823-55 ENOL I I i I EACH ClCCU>t'{f 1«:t' S -~! TO ~NTEO '. -·--··-···- P'U:MISES JE• °""'"""""i. .. S _________ _ ~ED CXP IAny -porsm)___ i _s -· ----· .. P.RSONA:. II ADV lNJl.>'tY l $ j GE~~l ACG'(fllA~--;--r--~--·· f'l'lOOUCTS • COf.lJ>;'OP AGG 1 5 05/02/2011 111/02/2011 ~~1flNC>Lt. ~lt.~rr. .... S 1 BOOILVl":'~y ('>or~)-S .. I ' !IOOtL V IN./URY I"« aa:d""'I ! l 02/23l201I 02/23l201t i Pitt)i~)ttYOAAiAG-E----. i : ~ DOOdlnfo . '· . I S , .C<>),000 EACH OCCIJIU\E~ s _A_G_C~_GA_TE _____ • S ' . _.lr~.n;;.ts I 0lej i;.L fAC>i AC{;IOfNT : S _EL l>~SEA$f • 1:'A EMF'\.OYE, I____ __ C.L OlSEASE: · POI.ICY llMlf ; S THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH RESPECTS TO CLAIMS ARISING OUT OF THE OPERATION OF THE DESCRIBED VEHICLES. CERTIFICATE HOLDER CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 ACORD 25 (2010/05) CANCELLATION SHOUU> Alff OF THI!: AIIOYE DESCRIBED POUCIU H CANC£1.LE) BEFORE THE EXPIRATION DATE THERl!Of, A 30 DAY NOTIC£ W1U 8£ D£UYERED IN ACCORDANCE Wffli THE POLICY PROVISIONS. Cl 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered manes of ACORD 1001486 132849.7 03-01-2012 15 COMMERCIAL GENERAL LIABILITY CG 86 1110 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. of Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. 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. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Sult under Section IV -Commercial General Liability Condi- tions. 8. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any profes- sional services. © 2016 Liberty Mutual Insurance CG 86 11 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 ~ ., N ! ! 0 ., N 0 ===== --== = === l!!!!!I!!!!!!!! = !!E!!! --!I!!!!!!!!!!!!! iiiiiiiiiiiiiii illiiiliiili -!!!!!!!i!!!!l!! -= - C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits of Insurance: D. 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 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 Declaratio ns. With respect to the insurance afforded by this endorsement, Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Sult: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2016 Liberty Mutual Insurance CG 86 11 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COM ~E •J '---'"iA.T 01". r-,:::c.JRA."',CE FUNO 9136466-18 RENEWAL SP HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME KFFBCTIVE JUNK 26, 2018 AT 12.01 A.H. AND EXPIRING JUNK 26, 2019 AT 12.01 A.H. RICK POST WELDING 3863 SUMAC SMT FALLBROOK, CA 92028 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 PREMIUH FOR THIS ENDORSEMENT SHALL BE 2.OOl OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WR IT TEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION PAGE 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 AMJ ISSUED AT SAN FRANCISCO: ~;{.~ JUNE 22, 2018 PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) l 01' 2572 OLD DP 217 1