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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2017-08-23; PWL18-29GSPWL18-29GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Stagecoach Electrical Room Makeup Air This letter will serve as an agreement between Seaside Heating & Air Conditioning, 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 three hundred twenty dollars ($1,320). 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, Go~~ent 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 ~unds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init ~it 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. Stagecoach Electrical Room Makeup Air - 1 -City Attorney Approved 2/29/2016 PWL18-29GS 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: Charlie Balcar 760-643-1100 CONTRACTOR Seaside Heating & Air Conditioning, Inc., a California corporation 1359 Rocky Point Dr. Oceanside, California corporation 92056 P: 760-643-1100 F: 760-842-5642 cb@seasidehvac.com By: z,:,, •.... .., ( sign here) -,-· . c· ' I? J , I"<\ t""l '-c__. ..,K./J.::f, ~I ;---e. ) (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / lie Works Director as authorized by the City Manager Dated: ____ /:_? ?t_-t_&._/(_~""""'-----,,2.__e>-_· ....... fc=-=c::.-=-C.__...,_(J F v (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: Deputy City Attorney Stagecoach Electrical Room Makeup Air - 2 -City Attorney Approved 2/29/2016 PWL18-29GS EXHIBIT A Contractor to provide all labor, equipment and materials necessary to install an inline centrifugal duct fan for the purpose of cooling the IT equipment located in the main electrical room at Stagecoach Community Center located at 3420 Camino de los Coches, Carlsbad, CA 92009. Installation shall be completed to ensure maximum airflow over existing IT equipment. Contractor to provide thermostat for the purpose of controlling the centrifugal fan. The city will coordinate installation of thermostat with an electrical contractor. New ducting installation to be connected to existing interior conditioned space. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Install Fantech M# FR225 400 cfm inline centrifugal duct $1,320.00 fan (or equivalent) with duct connected to the interior conditioned space to blow air on new IT equipment. Provide line voltaqe thermostat for electrician. TOTAL* $1,320.00 *Includes taxes, fees, expenses and all other costs. Stagecoach Electrical Room Makeup Air - 3 -City Attorney Approved 2/29/2016 ,,---, ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/9/2017 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 be endorsed. If SUBROGA 110N 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 lleu of such endorsement(s). PRODUCER ood Gutmann & Bogart Insurance Brokers License #0679263 15901 Red Hill Ave., Suite 100 ustin CA 92780 INSURED SEASl-1 Seaside Heating & Air Conditioning, Inc. 1359 Rocky Point Dr. Oceanside CA 92056-5864 COVERAGES CERTIFICATE NUMBER: 478777728 FAX AJC. No :714-573-1770 INSURERD: INSURER E: INSURERF: 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. NOTWITHSTANDlNG 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 1-'UU~ l:SUt;t-< POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER /MMIODIVVVYl /MMIODIYVVY) C GENERAL LIABILITY BKW1756131684 9/1812016 9/18/2017 EACH OCCURRENCE $1,000,000 -Uf-\MPsoc l;Yt"'' 1::u $100,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) -~ CLAIMS-MADE ~ OCCUR $5,000 MED EXP (Any one person) -PERSONAL & ADV INJURY $1,000,000 -GENERAL AGGREGATE $2,000,000 f----PRODUCTS -COMP/OP AGG $2,000,000 GEN'L AGGREGATE LIM IT APPLIES PER: n nPRO-nLOC $ POLICY JECT A AUTOMOBILE LIABILITY BAA1756131684 9/18/2016 9/1812017 iE':~~~~t)'" \>LC L UV,,, $1,000,000 f----BODILY INJURY (Per person) $ X ANY AUTO -ALL 01/vNED -SCHEDULED BODILY INJJRY (Per accident) $ -AUTOS -AUTOS PROPERTY DAMAGE $ X X NON-OWNED (Perac<>dentl HIRED AUTOS AUTOS -$ X Comp $5000ed X Coll $500Ded A UMBRELLA LIAB ESA1756131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 H OCCUR -AGGREGATE $ X EXCESS LIAB CLAIMS-MADE OED IX I RETENTION$ NIL $ WORKERS COMPENSATION WSD502592003 3/112017 3/1/2018 X I WC $TATU-I IOTH-B TORY LIMITS ER AND EMPLOYERS' LIABILITY VIN E L EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? N/A $1,000,000 E.L DISEASE-EAEMPLOYEE (Mandatory In NH) If ves. descnbe under EL DISEASE-POLICY LIMIT $1,000,000 Dl::SCRIPTION OF OPERATIONS below DESCRJPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Carlsbad, its officers, officials, employees, agents and volunteers are named as additional insured on the General Liability per attached CG 20 1 O 04 13 and CG 20 37 04 13 as required by written contract subJect to the terms and conditions of the policy. 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 Attn: Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE ., I ;_ ed. © 1988-2010 ACORD CORPORATION. All rights reserv ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE / "'· " POLICY NUMBER: BKW1756131684 / COMMERCIAL GENERAL LIABILITY CG20 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 LIABILllY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s} Or Organilation(st Blanket Additional Insured agreed 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Location And Description Of Completed Operations Work described in writing in the contract, agreement or permit. Location(sl at which you performed work described in written contract, agreement or permit. 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 organlza1Ion{s) shown in the Schedule, but only with respect to liabmty for "bodily in- jury" or "property damag.e" caused, in whole or in part, by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the ~products-com- pleted operations hazard". However; 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the .additional in- sured is required by a contract or agree- ment, 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 ap- plicable limits of Insurance shown in the Dec- larations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BKW1756131684 / COMMERCIAL GENERAL LIABILlTY CG20 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): Blanket Additional Insured agreed 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Location{s) Of Covered Operations Any location(s) when you have agreed in a written contract, agreement or permit that person or organization be added as an additional insured. Information required to complete this Schedule, if not shown above, wilil 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 in- jury", "property damag,e" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omi.ssions of those acting on your behalf; in 1he performance of your ongoing operatons 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 permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, 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 addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work. including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured{s) at the iocation of the covered operations has been completed; or 2. That portion ot "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © lnsurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is adood to Section Ill -Limits Of Insurance: If ooverage 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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13