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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2019-08-23; LCA1908CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT DOVE LIBRARY CAFE EXHAUST CONNECTION TRACKING# This RATIFICATION OF LETTER OF AGREEMENT between Seaside Heating & Air Conditiorppg, Inc., a Cor. oration, (Contractor) and the City of Carlsbad (City) is entered into as of the 21,r.?&,.. day of -L-l--'= ....... "'""'--'~-------' 2019, but effective as of the 22nd day of April, 2019, ratifying the work perform tt for the Dove Library Cafe Exhaust Connection. The Contractor provided all equipment, material and labor necessary to install exhaust can and connected exhaust to registers and supply air, per Exhibit "A" and City specifications, for a sum not to exceed two thousand seven hundred twenty dollars ($2,720). This work was completed within 137 working days after the Notice to Proceed was issued. Upon full execution, the Letter of Agreement is ratified. 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. (J 'fb init e o 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. (' p initC..j3 init LIBRARY CAFE EXHAUST CONNECTION #LCA1908 - 1 -City Attorney Approved 2/29/2016 TRACKING# 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. 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: Fiona Everett 760-602-2014 Contractor Contact: Charles Balcar 760-643-1100 CONTRACTOR Seaside Heating & Air Conditioning, Inc. 1359 Rocky Point Dr Oceanside, CA 92056 P: 760-643-1100 F: 760-842-5642 Service@seasidehvac.com By: By: (sign here) Ctz<i-:,.,r,.,s. Sc;...,tu-, ero (print name/title) \/ -~ _ _./>P· ~ (s· ere) J,'r-.VV\1'-e-Se...bc-r:j (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Assistant City Manager, 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: OOL ~ Qepufy City Attorney LIBRARY CAFE EXHAUST CONNECTION #LCA1908 - 2 -City Attorney Approved 2/29/2016 EXHIBIT A DOVE LIBRARY CAFE EXHAUST CONNECTION SCOPE OF WORK AND FEE DESCRIPTION Mechanical drawings for Chapters Cafe Existing exhaust fan is 1,000 cfm. Proposal to include 1,000 cfm of supply air. Prevailing wage installation of (3) 12" supply Tbar registers with metal externally wrapped ducting, volume dampers and 6' R-8 flexible tails. (2) returns connected to existing exhaust fan, Tbar return grills with metal externally wrapped ducting with volum dampers and 6' R-8 tails. Includes hand drawing of locations for new supply and exhaust fan registers. TOTAL *Includes taxes, fee's, expenses and all other costs. «CONTRACTNUM » PRICE $2,720 $2,720 LIBRARY CAFE EXHAUST CONNECTION #LCA1908 - 3 -City Attorney Approved 2/29/2016 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/5/2019 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 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 ~2~i~cT Rachelle Williams Wood Gutmann & Bogart Insurance Brokers P,~~lN,t c~'" 714-824-8349 I ;iO~ Nol: 714-573-1770 License #0679263 ~t1lJ~ss: rwilliams@wabib.com 15901 Red Hill Ave., Suite 100 Tustin CA 92780 INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: Middlesex Insurance Comoanv 23434 INSURED SEASl-1 INSURER B : Insurance Comoanv of the West 27847 Seaside Heating & Air Conditioning, Inc. INSURER C: 1359 Rocky Point Dr. Oceanside CA 92056-5864 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 193656203 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 ADDL SUBR '~~~g~, ,~g)-J%~, LIMITS LTR TYPE OF INSURANCE •••~o lun,n POLICY NUMBER A GENERAL LIABILITY A0112596004 9/18/2018 9/18/2019 EACH OCCURRENCE $1,000,000 ~ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES !Ea occurrence) $500,000 ~ ==i CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 -v GENERAL AGGREGATE $3,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 x7 POLICY n m§>T nLOC $ A AUTOMOBILE LIABILITY A0112596004 9/18/2018 9/18/2019 COMBINED SINGLE LIMIT !Ea accident\ $1000000 ~ X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ ~ X Comp $500Ded X Coll $500Ded $ A X UMBRELLA LIAB M OCCUR A0112596004 9/18/2018 9/18/2019 EACH OCCURRENCE $3,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ✓ DED I X I RETENTION$ NIL $ B WORKERS COMPENSATION WSD502592005 3/1/2019 3/1/2020 X I T~JTtJ1~s I 10:~-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [!:] E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~Sc:~f~~K)~ ofoPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Dove Library HVAC Actuator and Valve Replacement, BID NO. PWS18-101TRAN, PROJECT NO. 4030 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services is named as additional insured on the General Liability per attached CG 20 10 04 13 and CG 20 37 04 13 and Auto per the attached CG 20 48 1 O 13. Waiver of Subrogation applies to the General Liability per attached CA 24 04 05 09, on the Auto per attached CA 04 44 1 O 13 and the Workers Compensation per attached WC 99 06 34. 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 P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE POLICY NUMBER: A0112596004 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations Any person or organization you are required to add as Jobsites as described in contracts. Codes per the an additional insured under a written contract or General Liability Declaration Page agreement in effect prior to any accident, injury, loss or damage 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and 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. B. 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. CG 20 37 0413 A0112596 © Insurance Services Office, Inc., 2012 Page 1 of 1 09/14/2018 Middlesex Insurance Company 1 00001 0000000000 18257 0 N 20ea0047 -333c-4159-83d5-a46983646cd0 0027020044346714803492056586459 POLICY NUMBER: A0112596001 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Seaside Heating & Air Conditioning Inc Endorsement Effective Date: 09/18/2018 SCHEDULE Name of Person(s) or Organization(s): Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 A0112596 Middlesex Insurance Company 1 00001 0000000000 18257 0 N © Insurance Services Office, Inc., 2011 aae0f 1 ce-f6a8-42d9-8fad-dc231 d 1 a54e3 0027020044346714803992056586459 Page 1 of 1 09/14/2018 POLICY NUMBER: A0112596001 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Seaside Heating & Air Conditioning Inc Endorsement Effective Date: 09/18/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 A0112596 Middlesex Insurance Company 1 00001 0000000000 18257 0 N © Insurance Services Office, Inc., 2011 434ad7 44-f868-45ac-895a-3ab 7 d1 052de 1 0027020044346714803992056586459 Page 1 of 1 09/14/2018 POLICY NUMBER: A0112596004 COMMERCIAL GENERAL LIABILITY CG 20 10 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 Organization(s) Location(s) Of Covered Operations Any person or organization from whom you are Where required by written contract executed prior to required to loss waive your right to recover under a written contract or Description: written agreement in effect prior to any loss or Codes per the General Liability Declaration Page. damage 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 A0112596 © Insurance Services Office, Inc., 2012 Page 1 of 2 09/14/2018 Middlesex Insurance Company 1 00001 0000000000 18257 0 N 68d95a5b-<!88d-4932-acab-33f0965555c0 0027020044346 714803692056586459 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 A0112596 © Insurance Services Office, Inc., 2012 CG 20 10 0413 09/14/2018 Middlesex Insurance Company POLICY NUMBER: A0112596004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization from whom you are required to waive your right to recover under a written contract or written agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 A0112596 Middlesex Insurance Company 1 00001 0000000000 18257 0 N © Insurance Services Office, Inc., 2008 d140c973-0dee-41 b9-818d-e1 ed0308ff8f 0027020044346714803692056586459 Page 1 of 1 09/14/2018 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 990634 (Ed. 8-00) VVe 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 3 % of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON/ ORG WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The lnfonnation below is required only when this endorsement is issued subsequent to preparation of the polcy.) Endorsement Effective 03/01/2019 Policy No. WSD 5025920 05 Insured SEASIDE HEATING & AIR Insurance Company INSURANCE COMPANY OF THE WEST Endorsement No. Premium$ INCL. Countersigned By _____________ _ V\C 990634 (Ed. 8--00) INSURED