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HomeMy WebLinkAboutComputer Protection Technology Inc; 2021-04-05; PWL21-1431FAC PSA21-1431FAC Faraday UPS Replacement Batteries - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Faraday UPS Replacement Batteries This letter will serve as an agreement between Computer Protection Technology, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace twenty-four (24) Uninterruptible Power Supply (UPS) batteries, per Exhibit A and City specifications, for a sum not to exceed two thousand five hundred fifty-eight dollars and eighty- seven cents ($2,558.87). This work is to be completed within thirty (30) 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. DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 PSA21-1431FAC Faraday UPS Replacement Batteries - 2 - 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: Lauren Milliken, 760-815-1453 Contractor Contact: Victor Gonzalez, 760-745-8562 CONTRACTOR Computer Protection Technology, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1215 Pacific Oaks Place, Suite 106 Escondido, CA 92029 P: 760-745-8562 F: N/A vgonzalez@cptups.com By: By: (sign here) June Murphy, Secretary Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: Dated: (sign here) Michael Murphy, President (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 DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 April 5, 2021 PSA21-1431FAC Faraday UPS Replacement Batteries - 3 - City Attorney Approved 2/29/2016 EXHIBIT A Faraday UPS Replacement Batteries The Contractor shall provide all equipment, material and labor necessary to replace twenty-four (24) Mitsubishi 1100 UPS batteries, on the second floor, storage closet marked 286, at the Faraday building located at 1635 Faraday Ave., Carlsbad, CA 92008. Scope of work shall consist of all items mentioned in the contractor’s proposal dated March 5, 2021 and is attached to this document as Exhibit “B”. Notes: • Contractor to remove and dispose of all replaced batteries. • Contractor to test and verify operation of the system. SCOPE OF WORK AND FEE DESCRIPTION PRICE Faraday UPS replacement batteries on 2nd floor $2,558.87 TOTAL* $2,558.87 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 PSA21-1431FAC Faraday UPS Replacement Batteries - 4 - EXHIBIT B Contractor’s Proposal DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 PSA21-1431FAC Exhibit B (continued) Faraday UPS Replacement Batteries -5 - DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 PSA21-1431FAC Exhibit B (continued) Faraday UPS Replacement Batteries -6 - DocuSign Envelope ID: D5B12EBC-804C-498A-91A3-EA7C823132E3 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE 3/23/2021 LAUREN MIRALLE INSURANCE AGCY INC 5411 Avenida Encinas Ste 240 Carlsbad, CA 92008 0G63234 Susan Hughes (760)496-1686 (760)496-1684 Susan@TheMiralleAgency.com Computer Protection Technology, Inc 1215 Pacific Oaks Place #106 Escondido, ca 92029 760-745-8562 Associated Industries Ins. co. 23140 FARMERS INSURANCE EXCHANGE 21652 Underwriters at Lloyd's -London 15642 A x x x BI/PD Deductible 5,000 X Y Y AES1085499-02 12/12/2020 12/12/2021 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 B x x x x Y Y 01492-61-46 12/12/2020 12/12/2021 1,000,000 A x X EXA1055336-02 12/12/2020 12/12/2021 5,000,000 5,000,000 B Y A0959-73-95 11/30/2020 11/30/2021 X 1,000,000 1,000,000 1,000,000 Professional B0142 BL 2004585 12/12/2020 12/12/2021 $2,000,000 Each Claim C Liability Professional excess B0142 BL2004586 12/12/2020 12/12/2021 $3,000,000 Each Claim Certificate holder is named additional insured on the General Liability and Commercial Auto per attached endorsmenets. auto. 30 day notice of cancellation per written contract. Blanket Waiver of Subrogation on Workers Compensation per written contract. Primary and Non- contributory wording is included when required by written contract.Excess follows form over General Liability,Commercial Auto,Employer Liability City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Susan Hughes