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HomeMy WebLinkAboutAlliance Consulting International; 2012-01-06; PEM567PUBLIC WORKS LETTER OF AGREEMENT PEM567 This letter will serve as an agreement between Alliance Consulting international, a Environmental testing company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to conduct an indoor air quality assessment at Harding Community Center's front office, per the Contractor's proposal dated November 7, 2011 and City specifications, for a sum not to exceed Two-Thousand, Two-hundred and Eighty dollars ($)2,280.00. This work is to be completed within two (2) 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 and employees, 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 five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. 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, etseq. 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 _^_jDit - 1 - Revised 9/28/00 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 City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Joe Garuba (Project Mgr) PEM. Facilities (Department) 405 Oak Ave (Address) Carlsbad. CA 92008 Alliance Consultinq International (Name of Contractor) By: (Sign Here) (Contractor's License Number) (Print Name and Title) PLEASE SEE ATTACHED NOTARIZED FORM (Print Name and Title) (E-mail Address) Departrnent^ead Date (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: RONALD-RT^^L, City Attorney _Deptrty-City Attorney Revised 9/28/00 California All-Purpose Acknowledgment State of Califomia County of San Diego Qnogc Qo^,2Q\ j , before me, Elyce Marie Martinez, Notary Public, personally appeared Hv^^... ^ t-^^ a.^c-^ <...>^._ . Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose n^e(s) is/a^e^bscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (iep) and that by his/heiv&eit—. signature^) on the instrument the persons) or the entityupon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature of Notary Public OFFICIAL SEAL , ELYCE MARIE MARTINEZ • ^^^^^ OPTIONAL Description of Attached Document Title or Type of Document Pi^^v.c Ujo>^vc-<^ L^eV^^ A><g^£.^v<^ Additional Information Document Date: \n.-qa- M Number of Pages (including this one) '7 Capacity(ies) Claimed by Signer • Individual • Corporate Officer- Title(s) • Partner: Limited General • Attomey-in-Fact • Tmstee • Guardian or Conservator • Other Signer is Representing: Right Thumbprint of Signer 1 Right Thumbprint of Signer 2 Time Date 9:04:51AM 1/6/2012 City of Carlsbad Account Details Read-Only Report Page 1 Account Nunnber Business Name 1233934 ALLIANCE CONSULTING INTERNATIONAL Business Address Mailing Address 3361 28TH ST SAN DIEGO, CA 92104-4524 Business Phone (619)297-1469 SIC 8999 Services, Not Elsewhere Classi status LICENSED Current Balance License Frequency A 3361 28TH ST SAN DIEGO, CA 92104-4524 Business Type Professional License Business Subtype OS Contractor Number Location Code 0 PARCEL EMPLOYEES 0 Extra 1 0 Extra 2 0 Expiration Date 11/30/2012 License Issued Da 12/22/2011 Start Date 12/20/2011 Cease Date Contact Code Owner 01 Contact Name MEDINA, ENRIQUE Contact Address 3361 28TH ST SAN DIEGO, CA 92104-4524 Contact Code EC Emergency Contact Contact Code SG Signature from Web A Contact Name CLEGHORN, ELSPETH Contact Address Contact Name MEDINA, ENRIQUE Contact Address Cont Field#1 CORPORATIO PHONE Business (619)297-1469 Cont Field#1 PHONE Business (619)347-0051 Cont Field#1 PRESIDENT PHONE Business (619)297-1469 Email emedina@pulse-poir PAYTYPE 7 Payment History POSTDATE AMOUNT CHECKS NOTES 12/21/2011 $50.00 na na NOTES CODE Entered Entered Bv CC SIC's code has been changed from 8711 to 8999. 12/21/11 3:57 pm DRUBS ADDR Old mailing address: 12/21/11 3:57 pm DRUBS 3361 28TH ST. SAN DIEGO, CA 92104- ADDR Old account address: 12/21/11 3:57 pmDRUSS 3361 28TH ST. SAN DIEGO, CA 92104- BDESC Environmental Health and Safety Consulting Services 12/21/11 3:55 pm DRUBS \\fdfps02\Apps\cityapps\LicenseTrack\LT2000\reports\acdetailsro4.rpt Modified-05/11/2009 CERTIFICATE OF LIABILITY INSURANCE GRID: IQ DATE (MM/DD/YYYY) 01/04/12 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 Hays Affinity Solutions 1133 20th St. N.W., Suite 450 Washington, DC 20036 Barry F. Peters 202-263-4000 202-263-4001 Alliance Consulting International IVIr. Enrique Medina 3361 28th Street San Diego, CA 92104 CONTACT N.A.ME: PHONE (A/C, No, Est): E-NlAIL ADDRESS; pRobucik Al 1 IA o FFAX I (A/C. No): INSURER(SI AFFORDINQ COVERAGE INSURER A: Lloyds of London INSURER B: Hartford Casualty Cornpany INSURER C ; INSURER D : INSURER E ; INSURER F : \ NAIC # it C'&O COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE ADDL'^UBR .iwsR:..wva. POUCY NUMSeR POLICY EFF I POUCY EXP ' iMWDD/YYYY) I WM/DPffYYY) I GENERAL UABILITY I COMMERCIAL GENERAL LIABILITY I OCCUR CLAIMS-MADE X Business Liab. GEN'L AGGREGATE LIMIT APPLIES PER: PRO-i POLICY i LOC AUTOMOBILE LIABILITY ; ANY AUTO ALL OWNED AUTOS i SCHEDULED AUTOS X HIRED AUTOS X I NON-OWNED AUTOS 42SBABX9960 12/10/11 42SBABX99eO 1 a/10/11 i EACH OCCURRENCE i OAliSASE TO RENTEO i PREMISES (Ea occurrences i MED tXP (Any OM ptxsooi 12/10/12 I PERSONALS. ADV INJURY ; GENERAL AGGREGA1E i PRODUCTS • CON'P'OP AGG 2,000,000 300,000 10.000 2,000,000 4,000.000 4,000.000 12/10/12 coMBWD siNGi.fe" umr rodent) i I BODILY INJURY (Per person) I BODILY INJURY (Per acoidenl) i PROPERTY DAMAGE 2,000,000 UMBRELLA LIAS EXCESS LIAB : OEOUCTIBLE RKTENTION $ J OCCUR I CLAIMS-MADE i WORKERS COMPENSATION AND EMPLOYERS' UABILITY y / N i ANY PROPRIETOR/PARTNEREXECUTIVE I OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If M asscfibe ufiaw I DESCRIPTION OF OPERATIONS Wg« • N/A A Professional (E&O) ItiaWII^ EACH OCCURHENCr AGGREGATE i WC STATU- 1 I imY UM T S 1 'OTH- . ER . EL EACH ACCIDENT i S ELJJISEASE ^ EA EMPLOYEE; S £ L OlSEASe • POLICY LIMIT i S A1HA00110S1 02/10/11 ! 02/10/12 Per Claim Aggregate 1,000.000 1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Re:PEM567 ....... The City of Carlsbad is hereby listed as Additional Insured with respect to the General Liability coverage. CITYOCA City of Carlsbad Attn: Mr. Joe Gauba, Manager 405 Oak Avenue Carlsbad, CA 92008-3009 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. CITYOCA City of Carlsbad Attn: Mr. Joe Gauba, Manager 405 Oak Avenue Carlsbad, CA 92008-3009 1 AUTHORIZEO REPRESENTATWE ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD MINTED An ALLIA-8 PAGE 2 NUlcrAU (NsuRED-SNAME Alliance Consulting OP ID: IQ OATE 01/04/12 A.) Prbfesislonal •(Ea.O) MoldT Sub-Omit: $100,000 WAIVER REQUEST FOEM FACTORS m SUPPORT OF REQUEST TO MODIFY INSURANCE REQUmEMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by:_ I (Nameand Department) (Date) Proposed modification(s) to the ALL^ requirement(s) for I M CM'^jtl^ inii^' (Type of insurance) (Name of contract) [j Reduce coverage to the amount of: $ ®. Waive coverage , . . ,^ A-I -^I . • J_ • other: "T^ kmcH 6^^pM^% :Afe:4^e0:.J^ FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) riSignificance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product, [explain J ,„_,_ „„ ^Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain: inchide number of candidates RFP .ten/ to and number responded if applicable] K;Contract AmouniTerm of Contract: S 7..^tE0- OO. Work will be completed over a period of CQ^k ft^; Qprofessional Liability coverage is not available to this contractor or would increase the cost ofthe contract by $ [explain]. . _— ~—-— - [pother (e.g. explain why exposures are minimal how exposures are covered in another policv:>.exB..osiM:s control mechanisms, and anv other infonnation gertincnt.to VQU SJMl—Cm^'^&^ ^^X-^ mm^j^ m mvtw<h4.r 2^1U —— ___ .— Approved bv Risk Manager for tMsconjractCTUyi (Signature) (Date) H:' WORD'lnsunmce.Admm Onkr «S8 doc 06/15/2006 27 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE 1, l%tdlk0i am the ffm^^iX^ [insert name] [lillc] QfAWmCA. \^mkd^ hereby certify that AWmUi CmS/litW^ f^lixU^W^f [naraeofcomp&y] ' [name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should ^lIl^HCi. (j^Syl'h^^ fM.iy»W"Wa/ employ any person during the term [name of company] ofthe Agreement with the Cit>^ of Carlsbad for fM /|lMllfef k6^m 4+ fi^^^dm [description of project or work that is being ciJntracted] then workers' compensation and employers' liability insurance will be obtained. [Name] [Title and name of company or corporation] 06/15/2006 25