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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2020-07-21; PWL21-1181FACTRACKING # PWL21-1181FAC City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Safety Center Roof Moisture Testing: CONTRACT 4715 This letter will serve as an agreement between Weatherproofing Technologies, Inc., (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to survey, inspect, sample and evaluate, per Exhibit A and City specifications, for a sum not to exceed two thousand, seven hundred and fifty dollars ($2,750). This work is to be completed within one hundred and eighty (180) 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 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 grounds for 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. 1 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 TRACKING # PWL21-1181FAC City Attorney Approved 2/29/2016 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: Steven Stewart, (760) 602-7543 Contractor Contact: Sten Johnson, (858) 531-5197 CONTRACTOR Weatherproofing Technologies, Inc., CITY OF CARLSBAD, a municipal corporation of the State of California 3735 Green Road Beachwood, OH 44122 P: 858-531-5197 F: 858-488-3529 SAJohnson@tremcoinc.com By: By: (sign here) Jaime K. Brink/Vice-President & CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: Dated: (sign here) (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: Assistant City Attorney 2 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 7/21/2020 TRACKING # PWL21-1181FAC City Attorney Approved 2/29/2016 EXHIBIT A Safety Center Roof Moisture Testing SCOPE OF WORK AND FEE DESCRIPTION PRICE Site visit, roof survey, obtain roof core samples, patch core locations, evaluate samples and provide report $2,750 TOTAL $2,750 *Includes taxes, fees, expenses and all other costs. 3 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 4 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 5 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 6 of 6 DocuSign Envelope ID: 43F1B775-0482-4BAB-AAEC-D49C3D746316 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5,000,000 04/01/2021 GLO925879113 Manashi Mukherjee EWS596599512 (Excess OH) CLE-006005009-26 2,000,000 WC925878813 (AOS) X 40142 of Marsh USA Inc. N X04/01/2020 25 04/01/2021BAP925878913 A 10,000,000 5,000,000 Excess Ohio SIR: $500,000 N/A American Zurich Insurance Company 2,000,000 X X SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED(S) UNDER THE GENERAL LIABILITY. GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES. 03/30/2020 WEATH 04/01/2020 04/01/2020 CITY OF CARLSBAD AND CMWD ARE NAMED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THE INSURANCE AFFORDED UNDER THE GENERAL LIABILITY POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED X 04/01/2020 Carlsbad, CA 92008 City of Carlsbad/CMWD (S) IS NON-CONTRIBUTORY. PER COVERAGE FORM, AUTO COVERAGE WILL APPLY ON A PRIMARY NON-CONTRIBUTORY BASIS WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF A A N/A CN102302710-RPMf-Cas-20-21 10,000 04/01/2021 1,000,000 B 4,000,000 16535 1,000,000 2,000,000 WC925879013 (MA, WI, PR) 200 Public Square, Suite 3760 Marsh USA Inc. Cleveland, OH 44114-1824 Tremco Incorporated and its subsidiaries Weatherproofing Technologies, Inc. Beachwood, OH 44122 3735 Green Rd. 04/01/2020 1635 Faraday Avenue A 04/01/2021 04/01/2021 Zurich American Insurance Company