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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2014-09-22; PWL15-35PEMPWL15-35PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT HEAD START ROOF REPAIR This letter will serve as an agreement between Weatherproofing Technologies, Inc, a Delaware corporation and licensed roofer (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair the roof, per the Contractor's proposal dated September 22, 2014 and City specifications, for a sum not to exceed twenty nine hundred dollars $2,900. This work is to be completed within 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 reasonable attorney's fees, 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 Risk Manager 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 ofthe 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 sea. init 0 init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds ffiT^he City of Carlsbad to disqualify the Contractor from participating in contract bidding. init fJ/6 init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out ofthis 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. [NAME OF CONTRACT: CONTRACT NNNN] -- 1 - City Attorney Approved 6/18/13 PWL15-35PEM 9. City Contact: Dennis Strawhun 760-497-3805 Contractor Contact: Sten Johnson 858-531-5197 CONTRACTOR WEATHERPROOFING TECHNOLOGIES, INC., a Delaware corporation 3735 Green Road Beachwood, OH 44122 858-531-5197 sajohnson@tremcoinc.com CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) lihie Brink / Vice President. Controller (print name/title) (sign here) Michael Drumm / VP, CFO, Treas. (print name/title) Assistant City Marto^er Deputy City Monagor -ef Department Director as authorized by the City Manager Patrick Thomas (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. Othenwise, 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: 4)p^. Assistant City Attorn [NAME OF CONTRACT: CONTRACT NNNN] -- 2 City Attorney Approved 6/18/13 heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 274072 )ISCLAIMER: A license status check provides information taken from the CSLB license database. Before elying on this information, you should be aware of the following limitations. Business Information WEATHERPROOFING TECHNOLOGIES INC 3735 GREEN ROAD BEACHWOOD, OH 44122 Business Phone Number:(216) 292-5000 Entity Corporation Issue Date 02/08/1972 Reissue Date 10/02/1991 Expire Date 10/31/2015 License Status This license is current and active. All information below should be reviewed. Classifications C39-ROOFING B - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with LIBERTY MUTUAL INSURANCE COIVIPANY. jBond Number: 14054965 [Bond Amount: $12,500 iEffective Date: 07/06/2010 bontractor's Bond History Bond of Qualifying Individual ! This license filed Bond of Qualifying Individual number 14054963 for JONES STEVEN LEMOIN in the amount of $12,500 with \ LIBERTY MUTUAL INSURANCE COMPANY. I Effective Date: 07/06/2010 i BQI's Bond History j This license filed Bond of Qualifying Individual number 14055796 for TIMMER DOUGLAS ROBERT in the amount of $12,500 with j LIBERTY MUTUAL INSURANCE COMPANY. Effective Date: 08/18/2011 BQI's Bond History Workers' Compensation This license has workers compensation insurance with the AMERICAN ZURICH INSURANCE COMPANY iPolicy Number:WC925878807 IEffective Date: 04/01/2012 txpire Date: 04/01/2015 Workers' Compensation History Other tps://wvvw2.cslb.ca.gov/OnlineServices/Checl<Licensell/LicenseDetail.aspx?LicN... 10/10/201 heck A License - License Detail - Contractors State License Board Page 2 of I Personnel listed on this license (current or disassociated) are listed on other licenses. tps://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicN... 10/10/201 WTI General Services Proposal — , ^ -i-^-'A^^,, •"^ Tiii|naiMiiM.« lyi l^^^p^ww J -o HF Proposal Prepared for: City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008 Attn: Bob Richardson RE: 3368 Eureka Place Annex Bidg. Prepared By: Weatherproofing Technologies Inc. 3735 Green Road Beachwood, Ohio 44122 CALic# 274072 A Subsidiary of Tremco Incorporated 3735 Green Road, Beachwood, OH 44122 • www.tremcoroofing.com i^Pl H Company 3/28/14 WTI General Services Proposal September 22. 2014 City ofCarisbad 405 Oak Avenue Carlsbad, CA 92008 Re: Project Name/Address: Customer (the "Customer"): 3368 Eureka Place Leaming Center Annex Cily ofCarlsbad Dear Bob, Tliank you for allowing Weatherproofing Technologies, Inc. ("WTI") to provide you with a proposal for work at the above-referenced location. CONTRACT PRICE: S 2,900.00 (plus applicable tax) • Labor Only • Time and Materials NTE i/hump Sum SCOPE OF WORK (THE "WORK"): Clean roof area lo be repaired. Install White single ply membrane over clean / primed roof, properly lie in roof inlo new gutter on both sides of building ( west and east side ) Use sealant where appropriate. Leave job site in a clean and workmanlike manner. Bid Price: Nol to Exceed $ 2,900.00 Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an invoice to the Customer at the end ofeach calendar month for the amount due for the portion of the Work completed during that month. If all Work is to be performed within thirty (30) days, no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full within thirty (30) days after receipt of each invoice. IT Wti PACE 1 A Subsidiary ot Tremco Incorporated 3735 Green Road, Beachwood, OH 44122 • wvvw.tremcoroofing.com A"-i^Pm(>yimaiy 3/28/14