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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2017-09-08; PWL18-02UTILCARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT REPLACE THE CONDENSOR UNIT AT MAERKLE RESERVOIR NH3 PUMP STATION Tracking#: PWL 18-02UTIL This letter will serve as an agreement between Seaside Heating & Air Conditioning, a California corporation, (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to replace the compressor at Maerkle Reservoir NH3 pump station, per Exhibit A and the District specifications, for a sum not to exceed two thousand eight hundred thirty eight dollars ($2,838). This work is to be completed within thirty (30) calendar 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 of Carlsbad and the District, and their 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 District; 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 District. 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 Executive Manager of the District. Said policies shall name the City of Carlsbad and the District as an additional insured. The full limits available to the named insured shall also be available and applicable to the City and the District 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 District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, 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, ~nment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq ·nit (??1it 6. The Contractor hereby acknowledges that debarment by another jurisdicjo~ is grounds for the District to disqualify the Contractor from participating in contract bidding:;;fi_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. 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 REPLACE CONDENSOR UNIT AT MAERKLE RESEROIR NH3 PUMP STATION General Counsel Approved 2/29/16 Tracking #: PWL 18-02UTIL 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. CMWD Contact: Eric Sanders 760-438-2722 ext. 7151 Contractor Contact: Charlie Ba/car 760-643-1100 CONTRACTOR SEASIDE HEATING & AIR CONDITIONING a California corporation 1359 Rocky Point Dr., Oceanside, CA 92056 760-643-1100 cb@seasidehvac.com By:if~ ~ (sign here) J: hr,, I(.._ 5~'7,,'ns 1(print name/title( By: (sign here) C1 /4o.,f_,.s ~--le.~c CPo (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT By: Elaine Lukey/PutmcWorks Director as authorized by the Executive Manager Dated: If required by CMWD, 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, General Counsel BY: .1/<<;Leccc~ Deputy General Counsel' REPLACE CONDENSOR UNIT AT MAERKLE RESEROIR NH3 PUMP STATION 2 General Counsel Approved 2/29/16 Tracking #: PWL 18-02UTIL EXHIBIT A The split system for the pump room has a faulty compressor. Due to age and condition Contractor recommends replacing the condensing unit and the air handler. Scope of work includes labor, disposal, new Fugitsu M#ASU12RL2/AOU12RL2 condensing unit and tax. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Replacement of Condensing Unit at Maerkle Reservoir $2,838 NH3 Pump Station *Includes taxes, fees, expenses and all other costs. REPLACE CONDENSOR UNIT AT MAERKLE RESEROIR NH3 PUMP STATION 3 TOTAL* $2,838 General Counsel Approved 2/29/16 ----------~------------------------------~---------- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Wood Gutmann & Bogart Insurance Brokers License #0679263 15901 Red Hill Ave., Suite 100 Tustin CA 92780 INSURED SEASl-1 Seaside Heating & Air Conditioning, Inc. 1359 Rocky Point Dr. Oceanside CA 92056-5864 COVERAGES CERTIFICATE NUMBER: 1885661567 INSURERD: INSURERE: 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. 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 TYPE OF INSURANCE ,:~l5%}:,~~I POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DD/YYYYI C GENERAL LIABILITY BKW1756131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 ~ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence I $100,000 ~ :=:J CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJURY $1,000,000 ~ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS · COMP/OP AGG $2,000,000 n POLICY n ~f,9.,: nLOC $ A AUTOMOBILE LIABILITY BAA1756131684 9/18/2016 9/18/2017 tE'i:~~~id~~t~INGLt: LIM• $1,000,000 ~ 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 I ~ -X Comp $500Ded X Coll $500Ded $ A UMBRELLA LIAB H OCCUR ESA1756131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 f---- X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED Ix I RETENTION$NIL $ B WORKERS COMPENSATION WSD502592003 3/1/2017 3/1/2018 x I T"X?,JTtJ,¥s I IOTH- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Replacement of Condensing Unit at Maerkle Reservoir NH3 Pump Station -- Carlsbad Municipal Water District is named as additional insured on the General Liability per attached CG 20 37 04 13 and CG 20 1 O 04 13 as required by written contract subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad Municipal Water District THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5950 El Camino Real ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I - = ,_ - "- :il', ~- Pbt.fBY'NLIMBER: BkV\!1756131684 / COMMERCIAL GENEAAL LIABll!TY CG20370413 THIS. ENDORSEMENT Cl:fANGES l:HE ·POLICY. PLEASE READ IT C:ARE:FUl:::LY .. AOCfltlON.AL INSURED ~ OWNE~S, LESS'.EES OR ·soNTRACTQRS ·~ COMPLETED ()PERATIQNS This. endorsemerif modifies Insurance provided under the fotlowlng:., COMWIE~OfAL GEKIERALLIA'B1UTY COVERAGE PA:RT PBODOCTS/CbMPLETEt) 'OPERATIONS LIABIUTY CC.WERAGEPART SCHEDULE fllctm,~. Of Additional lmsu,r,eft' P,;iryson(s}: Or Orga(liZ~ti(l{l(~J B],•anket. Additional Irf$'lh:[ed §igreed 1}'59 ROCKY PQIW DR OCEANSIDE', l'.::1'. 92})56 Location Ancfbeseription Olc(fompleted Operations Wo:rk described fu, .wr-i't:ing ~l:r, the contract i agreement or permit; I;ocationt s i at Jih:ich :yq,:r ;p:¢'z::f,o'rrn~d work de~sc:ribed in tilritten: contract, agreement ,or permit. 1i1formation required to ®fuRlele tnis Scheoure, if hot shown above, will be ~hown iri the Declarations. A. Section II -Who is An Insured is amended fo indlude as 'an additional insured the person(s) or orgar,Jza11on{s) shown lh, the Sclieal.i!B, bJJt tinly with respect to liablltfy tor ubodily in- jury" or ';pl'.'operty damagii"caused, in. whole or in part, by "your workfl aMhe. location des:c. ignated .and described in the Schedule oftfiJs en<lorsemer,f performed Jqr that additf6rial fosufe,:j ·and included in the i•pr,qducts-oom- pleted operations hazard". However: 1: The;insurance · afforded to such additional insured orily apQlie:> fo. tfre extiant perrriit:c tad by law; and .2. If coverage provided to the additioftal in- . sured is }~quired by a .contra~f cir ·ag.~e-' ment; the. insurance afforded fo such additional insured wili not be broader tbar:i ,that ii\J~icfr you gre ~.quh:er:f ·by the. contract or agreernent to proVidEf for such additional ihsUreu. s;. WHh re~p~ct to the insurance, att<>rd~d to these additiqhai .i.nsureds, the following is ~d.ded to Secti.on 111 -Limit.s :ot tnsurartce: .!febverage provjded to the·additibria.l insured is required by a: coritract or agreement. the most we will· pay on .behalf oLthe .adclitionaJ iosure.d ls the amount of insurt:\rrce: 1, Require~ .by ihe. ctinfract or agreement; or 2. Available undi=!r th.e applicable, Limits of Insurance .shown in the Declarations; whichever is less. 'finis endorsement shall not increase the ap- plicable .limits of Insurance ~hown in 1h·e. Dec- laifatidns . POLrey',WDMBER: BKVV175.!31.3t684 / COMMERCIAL GENERAL LIABILlTY cG~iJ 10 0413 THIS ENDORSEMENT ·CHANGES THEr~OllCY. PLEASE READ ITCAR£:F0I..LY, ADD11IONAL INSURED· .. OWNERS, LESSEES'. OR· .CONJRACTOBS ;. 1S,CHEDULED PERSON OR O'RGANIZATION This .endorsehWmt modifies irisufahce: provided urider the followlrig: cer.Jl@E:f{CIAL GENE~L::Ll~~[ll,-Y COVERAGE PART SCHEDULE Name Of Actctitiorfal lnsur::ed Pe;r!';e>ri(s) p.-organization(sJ: Blanket Acldi tionaJ. T:nsu:ted a,greed 1359 ROCKY POINT DR OCEANSIDE, ·CA 92056 LocatronJsJ: Of Covered. Ot>erations Ariy 1.o¢:.'::t1::i6n ( s) vfb.Em, you l1ave ~greed .iri a written contract;; c:igreemefit ¢£ p§!ffui);; t::J:1.a:t :peri'!qri or o.rganizat,igi:l be added a'S an add:Ltional ins:U::red. lnfoffi:iation ctjq0itea to complete tiiis Schedule, if hot shovJi:i abov:e, wrn be shown iii the Declarations. A Sec'liort 11 -'Who lS"AnlnsLJred is amended to· i11clude as 'ap 'a<:lditian~I insor:ed Jb.1:3 person(s) o.r orgat;iz.atlon(s) .$hp¼,n ih (be Sctie.dule, but only With .respect to Uability for' 11hodily Jn- jury", "property damage" or Apersonal and advertising injury11 caused; in wh.ole or ·in part, by: 1. Your a;cts, or omisslbn:s; or .. 2; The act$ .or omissiMs of those aqting -cm your bEihalf; in 1he: performance of your .ongoing operatons for the additional 1nsured{s) at the fo;c~tio)}(s.) designated 'abClye, However: 1. The insur-ahce afforded to su'cn :Sdtlitional insured: on19 ~ppHes to the e~ei:it permtt~ led by law; an<l · 2. If coverage provided '.to tbe addJtional ln- stfrec:l is' 113quired by a cont.ract or l~gtee- ment; the insurance ,afforded to. sucri additional insured wm not be broader than ttiat which you are required by the contract or agreement to provide ,for such additional insut:oo. B; With respect to the insurance afforded to th'a~e ~d"dltion~L in$l1red!5, the tallowing . ad.di- t1ona1 exclusJoris apply: This ii'is:t:ifaoce does not apply to "bodily in- jury" or" ,property. damage!' :.Occurring after: 1. AH work;, indudlng materials, parts or equipment furnished in ~oi;mection '11\/ith such ·work, qn the prQJect {other than ~i3r'- v1pe, mail'l.tanance jjf h:lpairs) to be pare fon:ned by or bh bel:ialf of the additional insure-ci{s} .at the location of the covered operations has. been completed; or :2. That poru'on af ~your WPfk" out of Which the injury or damage 13!'ises has been put to its intended use oy ant perspn or br- ga.riiiatioi::r other than c:!ITOther contractor or subcontractor engaged in performing operations for a prihcipal ,as a part of the same project CG:21r10 04 13 ©: fosurarice Services Office,. Jh.c., 2012 Paget cif2 -- C, W.fffi respect' fo f~e '.insurance afforded to tfl~~ .. addiflooal i11sur?c!s;· th~ following Ls ·add~c! J:q Section ·11(~ LirrtiJ~Clf Insurance: If ooveirage: p~ovid~i:I to the .:1ddiffona1 insor:ed. is required by a contract or ,~g$ei:iierit .th.e mos1 · we will pay on b-ebalf ,ofth.e ·additional insured istb:e a:n104nl of insurance: ·1,i Required by (be c:cinttad qr agn,tameoJ: or 2. Available .u@er th~ l:lppliC.:j~I~ limits: of [risufatic!:! .:showt:i in; toe Declarations: whichever .ls less. T6fs. er;i~orsement sh,ail n,ot iri~r'3ase the: ,apc- plicabre Limits of Insurance ~hdwn ;in :th.a Dec- lar:ations. Page2:of 2 CG201O 0413