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HomeMy WebLinkAboutWestern Pump Inc; 2020-05-19; PSA20-1108FACPSA20-1108FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR AS-NEEDED SHOP EQUIPMENT MAINTENANCE SERVICES WESTERN PUMP, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and WESTERN PUMP, INC., a California corporation, ("Contractor”). RECITALS City requires the services of an equipment maintenance consultant that is experienced in servicing and maintaining traditional shop equipment used in automotive maintenance and repair facilities. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will not exceed eight thousand five hundred fifty dollars ($8,550). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. 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 such workers employed by him or her in the execution of the 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. 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 May 19th PSA20-1108FAC City Attorney Approved Version 6/12/18 2 only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Bradley Northup Name Tony Sansavera Title Public Works Superintendent Title Project Manager Department Public Works Address 3235 F Street City of Carlsbad San Diego, CA 92102 Address 1635 Faraday Ave. Phone No. 619-446-9031 Carlsbad, CA 92008 Email tonys@westernpump.com Phone No. 760-473-1267 DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 PSA20-1108FAC City Attorney Approved Version 6/12/18 3 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 PSA20-1108FAC City Attorney Approved Version 6/12/18 4 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WESTERN PUMP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ryan Rethmeier/CEO & President (print name/title) By: (sign here) Derek Rethmeier/Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer 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 DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 PSA20-1108FAC City Attorney Approved Version 6/12/18 2 EXHIBIT “A” SCOPE OF SERVICES 1. SCOPE: 1.1 The City of Carlsbad Public Works Fleet Service Department has a requirement for as needed shop equipment maintenance, parts, and certification services. The Contractor must be able to provide services under the following categories: 1.1.1 Vehicle/Equipment Lifts 1.1.2 Hydraulics 1.1.3 Pneumatics 1.1.4 Compressed air systems 1.1.5 Fluid Distribution systems 1.1.6 Oil & Fuel Storage tanks 1.1.7 Exhaust Removal Systems 1.1.8 Equipment Repair (Including but not limited to: tire balancers, alignment machines, brake lathes, A/C machines & Pressure washers) 1.1.9 Cranes 1.2 From the categories above, the Contractor shall be able to perform requested services which include, but are not limited to: 1.2.1 Annual service and safety inspections on all hoists, lifting equipment, and hydraulic pumps according to manufacturers' recommendations and the American National Standards Institute (ANSI)/The Automotive Lift Institute (ALI) "Standards for Automotive Lifts-Safety Requirements for Operation, Inspection and Maintenance." 1.2.2 Annual floor jack inspections/certifications per California Occupational Safety and Health Administration regulations compliance requirements. 1.2.3 Annual service and inspection on air compressors (oil changes and belt/coupler replacement). 1.2.4 Ensure the integrity of all underground and above ground hydraulic pumps, lines, and tanks (pressure test if applicable). 1.2.5 Service and maintain lube pumps, overhead reels, and associated lines. 1.2.6 After completion, provide records/logs of inspections and maintenance for services rendered. DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 PSA20-1108FAC City Attorney Approved Version 6/12/18 3 1.2.7 Hydraulic hoists (seals, posts, locks, reservoir, pumps, vault, and air & hydraulic lines, covers, etc.). 1.2.8 Fluid pumps and plumbing lines 1.2.9 Dispensers (motor oil, gear oil, and transmission fluid) 1.2.10 Inspection, service, and repair of: 1.2.10.1 - Steam pressure cleaner 1.2.10.2 - Tire changing machines 1.2.10.3 - Tire balancing machines 1.2.10.4 - Welding equipment 1.2.10.5 - A/C recharging 1.2.10.6 - Machines to include: drill press, and band saws 1.2.10.7 - Brake lathe equipment 1.2.10.8 - Pneumatic tools 2. REQUIREMENTS: 2.1 The Contractor and all subcontractor(s) shall be in full and current compliance with all necessary permits, licenses, fees, assessments, and taxes that are mandated by applicable federal, state, local, and county governments and their agencies, boards, and commissions for doing business and providing the types of goods and/or services that the Contractor advertises and offers in its normal course of business. 2.2 The Contractor’s compliance shall have been current for a minimum of the past 12 months or since the Contractor first obtained a business license, if the Contractor has been in business for less than 12 months. 2.3 The Contractor and/or subcontractor shall not have been cited, noticed, or fined within the past 36 months for failing to maintain full and current compliance with necessary permits, licenses, fees, assessments, and taxes. The City reserves the right to request documentation confirming the Contractor’s compliance with this requirement. 2.4 The Contractor shall furnish all labor, material, equipment, tools, and other items necessary to accomplish the required repairs and services. 3. OTHER REQUIREMENTS FOR TECHNICIANS: 3.1 Work shall only be performed by qualified technicians. 3.2 The Contactor shall ensure all technicians maintain required certifications. 4. PARTS: 4.1 Proposed parts discount shall remain firm fixed through duration of contract. 5. SERVICE PROCEDURE: 5.1 Contractor shall respond to requests for service within (1) business day of initial call request and shall have services available on-site within 48 hours of initial contractor contact. DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 PSA20-1108FAC City Attorney Approved Version 6/12/18 4 5.2 Contractor shall provide a response to initial request for estimate within one (1) business day of receipt of initial request. 6. WORK ORDERS & INVOICING: 6.1 Contractor shall adhere to the following procedures to ensure prompt payment for services rendered. 6.2 Contractor shall not begin work on any equipment without first receiving a Work Order number provided by Fleet Services. 6.3 Work performed by Contractor that was not requested by Fleet Services, and that does not have a Work Order number will not be paid. 6.4 Contractor shall submit invoices for payment within 24 hours of work performance via fax 760-438-1532 or email to amy.hazen@carlsbadca.gov 6.5 Invoices submitted for payment shall include a description of services performed, description of equipment being serviced, an itemized detail of labor and parts utilized, and reference all of the following; date and time of initial call request, and date and time of job completion, name of Fleet personnel requesting service. 7. QUOTATIONS: 7.1 Vendors will provide, at request from Fleet Services, estimates for the installation, replacement, or repair of various equipment upon request. 7.2 Any repairs exceeding $1,000 will be done under a separate contract. Item of Work Rate Estimated QTY Not to Exceed Total Hourly labor rate for Service / Maintenance / Inspection / Certification / Installation and Repairs $145.00/hr 20 $5,800.00 Parts (20%Discount from List) N/A $2,000 Trip Charge $75.00 10 $750.00 Total Annual Not-To-Exceed Amount $8,550.00 . DocuSign Envelope ID: 324CFCDA-D582-4183-9DB3-25D1FDE7FDF2 amy WESTPUM-02 CERT3ALORSCERTIFICATEOFLIABILITYINSURANCEaeneeiere THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPON THECERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIESBELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,thepolicy(ies)must have ADDITIONAL INSUREDprovisionsor be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement onthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s). PRODUCER SQuEact Stephanie ZunigaWateridgeInsuranceServicesPHONE FAX40717SorrentoValleyRoad(AIG,No,Ext):(858)888-7819 |FAXno):(858)888-7820SanDiego,CA 92121 RUNESs.SZUNiga@wateridge.com INSURER(S)AFFORDING COVERAGE NAIC # insurer A:Everest Indemnity Insurance Co 01209 INSURED insurer B :Everest National Insurance Co 10120 Western Pump,Inc.insurer c :Everest Premier Insurance Co 16045 3235 F Street INSURER -San Diego,CA 92102 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIODINDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,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 REDUCEDBYPAID CLAIMS. re TYPE OF INSURANCE MNeSO WD POLICY NUMBER MMIDDIYY)(MMOD uMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ]cms.mape X]occur x EF4ML06288-201 4/1/2020 4/1/2021 Reece)|S 50,000XContractorPollutionMEDEXP(Anyoneperson)$5,000, X Deductible $10,000 PERSONAL&ADVINJURY _|1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERALAGGREGATE $2,000,000) POLICY SES Loc PRODUCTS -COMP/OP AGG|$2,000,000 OTHER:$B AUTOMOBILELIABILITY ERENSEUMT ls 1,000,000 X any auto EF4CA00323-201 4/1/2020 4/1/2021 sopiy INJURY(Perperson)$[|OWNED SCHEDULED|__|AUTOS ONLY AUTOS BODILY INJURY(Per accident)$X]AAR oy aOReure meee lsX | $1,000 Comp.X [$7,000 Col:: A |umerewauias X|occur EACH OCCURRENCE $5,000,000XExcessLiaCLAIMS-MADE EF4CU01343-201 4/1/2020 4/1/2021 ocnccare ;5,000,000 pep |X |RETENTIONS 0 $C |WoRKERSCOMPENSATION X |PER l OTHANDEMPLOYERS’LIABILITY STATUTE ERANYPROPRIETORIPARTNERIEXECUTIVE|X |CA10003974-201 41112020 4/1/2021 |e.eacuacciDENT $1,000,000FFICER/MEMBER EXCLUDED?NIA 1,000,000MandatoryinNH)E.L.DISEASE -EAEMPLOYEE!$viperIfyes,describeunder 1,000,000DESCRIPTIONOFOPERATIONSbelowELL.DISEASE-POLICY LimiT $ddA|Professional Liab.EF4ML06288-201 4/1/2020 4/1/2021 |Claims Made:1,000,000 A |Ded:$10k Per Claim EF4ML06288-201 4/1/2020 4/1/2021 |Retro Date 5/10/2004 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if morespaceis cares):=,Excess Liability policy follows the GeneralLiability,Contractors Pollution Liability,ProfessionalLiability,Auto Liability &Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Paymentof Premium in accordance with the policy provisions. RE:Agreement Number :PWM19-821GS-Fleet Maintenance Vehicle Lift Replacement City of Carisbad/CMWD is named additional insured with respects to GeneralLiability per the attached endorsement.Workers Compensation Waiverof ‘Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE‘i THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED INCityofCarlsbad/CMWD .|ACCORDANCEWITH THE POLICY PROVISIONS.c/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYork,NY 10163-4668 AUTHORIZED REPRESENTATIVECee|ACORD25 (2016/03)©1988-2015 ACORD CORPORATION.All rights reserved. The ACORD nameandlogoare registered marks of ACORD POLICY NUMBER:EF4ML06288-201 EVEREST CONTRACTORS ENVIRONMENTALPLUSECG246700818 THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READIT CAREFULLY. ADDITIONAL INSURED —DESIGNATED PERSON ORORGANIZATION—ONGOING OPERATIONS This endorsement modifies insurance provided underthe following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE NameOf Additional Insured Person(s)Or Organization(s): As required by written contract or agreement provided such contract was executed priorto the date ofloss. Information required to complete this Schedule,if not shown above,will be shownin the Declarations. A.Section Il —Who Is An Insured is amended to include as an additional insured the person(s)ororganization(s)shown in the Schedule,but only with respecttoliability for "bodily injury","property damage",“environmental damage”or "personal and advertising injury"caused,in whole or in part,by your acts or omissionsor the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations;or 2.In connection with your premises owned byor rented to you. All other terms and conditions of this Policy remain unchanged. ECG 24 670 08 18 Copyright,Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. POLICY NUMBER:EF4ML06288-201 EVEREST CONTRACTORS ENVIRONMENTAL PLUSECG246710818 THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READIT CAREFULLY. ADDITIONAL INSURED —OWNERS,LESSEES ORCONTRACTORS—COMPLETED OPERATIONS This endorsement modifies insurance provided underthe following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE NameOf Additional Insured Person(s)Or Location And Description Of Completed Organization(s):Operations Any owner,lessee or contractor whom you have agreedto include as an additional insured under awrittencontract,provided such contract was executedpriortothedateoftheloss. Information required to complete this Schedule,if not shown above,will be shownin the Declarations. A.Section Il -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","propertydamage"or a “pollution incident”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". All other terms and conditions of this Policy remain unchanged. ECG 24 671 08 18 Copyright,Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. WORKERS COMPENSATION AND EMPLOYERSLIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVEROF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA Wehavetheright to recover our payments from anyoneliable for an injury coveredby this policy.Wewill not enforceourrightagainstthepersonororganizationnamedintheSchedule.(This agreementapplies only to the extent thatyouperformworkunderawrittencontractthatrequiresyoutoobtainthisagreementfromus.) You must maintain payroll records accurately segregating the remuneration of your employees while engagedin the workdescribedintheSchedule. The additional premium for this endorsement shall be _2 otherwise due on such remuneration. %of the California workers’compensation premium Schedule Person or Organization Job Description ANY PERSON/ORGANIZATION WHEN ALL CALIFORNIA OPERATIONS REQUIRED BY WRITTEN CONTRACT Notes: 1 This endorsement may be used to waive the company’s right of subrogation against namedthird parties who may be responsible foraninjury. 2.Thesentence in ()is optional with the company.It limits the endorsementto apply only to specificjobs of the insured,and only totheextentthattheinsuredisrequiredtoobtainthiswaiver. This endorsementchangesthe policy to which it is attached andis effective on the date issued unless otherwise stated. (The information below is required only when this endorsementis issued subsequentto preparation of the policy.) EndorsementEffective 04-01-2020 Policy No.CA10003974-201 Endorsement No. Insured Insurance Company Western Pump,Inc.EVEREST PREMIER INSURANCE COMPANY Countersigned By ©1998 by the Workers’Compensation Insurance Rating BureauofCalifornia.All rights reserved.From the WCIRB’s California Workers’Compensation Insurance Forms Manual ©2001.