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HomeMy WebLinkAboutHawthorne Machinery Co; 2021-08-11; PWL22-1563FAC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Faraday Generator Battery Charger Replacement This letter will serve as an agreement between Hawthorne Machinery Co., a California corporation (Contractor) and the City of Carlsbad (City). Contractor will provide all tools, material and labor nessary to remove the battery charger on the Caterpillar 350 generator and replace with a new SENS NRG22-10-RC charger (equal or equivalent) at the Faraday Building located at 1635 Faraday Ave., Carlsbad, CA 92008, per Exhibit A and City specifications, for a sum not to exceed one thousand seven hundred sixty-one and forty-four cents ($1,761.44). 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 DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 2 - City Attorney Approved 2/29/2016 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 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: Charles Balteria, 760-434-2949 Contractor Contact: Elizabeth Abeyta, 858-647-7000 CONTRACTOR Hawthorne Machinery Co., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 16945 Camino San Bernardo San Diego, CA 92127 P: 858-647-7000 Efabeyta@hawthornecat.com By: By: (sign here) Jeffrey Boman, General Counsel 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 DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC August 11, 2021 PWL22-1563FAC Faraday Generator Battery Charger Replacement - 3 - City Attorney Approved 2/29/2016 EXHIBIT A Faraday Generator Battery Charger Replacement Contractor will provide all tools, material and labor nessary to remove the battery charger on the Caterpillar 350 generator and replace with a new SENS NRG22-10-RC charger (equal or equivalent) 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 August 6, 2021 which is attached to this document as Exhibit “B”. Notes: •Contractor to remove and dispose of all replaced equipment. •Contractor shall test and verify proper operation of the emergency generator following the repairs. •Contractor to leave site in a clean and workmanlike manner. •Includes prevailing wage rates. •Contractor shall warrantee all work for 90 days after project completion. SCOPE OF WORK AND FEE DESCRIPTION PRICE Faraday Generator Battery Charger Replacement $1,761.44 TOTAL* $1,761.44 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 4 - EXHIBIT B Contractor’s Proposal DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 5 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 6 - EXHIBIT B Materials Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 7 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 8 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 9 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 10 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC PWL22-1563FAC Faraday Generator Battery Charger Replacement - 11 - Exhibit "B" (continued) DocuSign Envelope ID: F7932057-9C93-4DA1-8233-855007E863FC The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4/21/2021 J Smith Lanier &Co of OpelikaP.O.BOX 828OpelikaAL36803 Lisa Benefield 334-749-3401 334-745-8785 lisa.benefield@marshmma.com Zurich American Insurance Company 16535 Great American Insurance Company 16691HawthorneMachineryCo.Hawthorne CATAttn:Steve Hollingsworth16945CaminoSanBernardoSanDiegoCA92127 2105453112 A X 1,000,000 X 500,000 10,000 1,000,000 2,000,000 X Proj/Loc per Con Y Y GLO292517014 2/1/2021 2/1/2022 2,000,000 A 2,000,000 X XX Y Y BAP292517114 2/1/2021 2/1/2022 B X X 5,000,000 10,000 Y Y TUU777952315 X 5,000,000 2/1/2021 2/1/2022 A N Y WC292516914 2/1/2021 2/1/2022 X 1,000,000 1,000,000 1,000,000 A Garagekeepers Liability BAP292517114 2/1/2021 2/1/2022 $1,000,000PerLoc.Direct/Primary General Liability (for ongoing and completed operations via forms CG20100413 and CG20370413)and Auto Liability (per CA20481013)Additional InsuredStatusisgrantedtotheCityofCarlsbadifrequiredbyawritten,signed,and dated contract,agreement,or permit.All coverage is subject to the terms,conditions and exclusions contained in the policy form and endorsements. The City of Carlsbad as required by written contract are named additional insured on a primary and non contributory basis on the General Liability andCommercialAutopoliciesperformsUCA424FCWandUGL1477BCW0413.Waiver of Subrogation is granted to the City of Carlsbad pursuant to writtencontractperformsWC000313,UGL1477BCW0413,and CA04441013. See Attached... City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 J Smith Lanier &Co of Opelika Hawthorne Machinery Co.Hawthorne CATAttn:Steve Hollingsworth16945CaminoSanBernardoSanDiegoCA92127 25 CERTIFICATE OF LIABILITY INSURANCE In the event of a cancellation (for any reason other than nonpayment of premium),30 days notice will be sent to the City of Carlsbad per forms UGL1521ACW,UCA832ACW,and WC990643.Cancellation provision shown is subject to shorter or longer time periods depending on the jurisdiction of,and the reason for,thecancellation.Garage Liability is included under the Zurich Commercial Auto policy with a $1,000,000 limit per location.Umbrella recognizes additional insuredstatuseswhicharerequiredbywrittencontractandaffordedbyunderlyingpolicies(including but not limited to the General Liability,Commercial Auto,andWorkersCompensationpolicies)and endorsements,for no broader coverage than is provided by the underlying insurance and limiting coverage to the lesser ofthefollowinglimits:limit specified in form GAI60010697 or limit specified by written contract less the applicable underlying insurance limits.(provides AdditionalInsuredperformGAI60791098andWaiverofSubrogationperformGAI61130697).“Stop Gap”Employers Liability is included under Workers CompensationpolicyperformWC000303CforthestatesofND,OH,WA,WY. GLO 2925170 12 GLO 292517013 GLO 292517014 GLO 2925170 12 GLO 292517013 GLO 292517014 GLO 2925170 12 GLO 292517013 GLO 292517014 GLO 2925170 12 02/01/2019 02/01/2020 GLO 292517013 02/01/2020 02/01/2021GLO29251701402/01/2021 02/01/2022 GLO 292517014 02/01/2021 GLO 2925170 12 02/01/2019 02/01/2020 GLO 292517013 02/01/2020 02/01/2021GLO29251701402/01/2021 02/01/2022 GLO 2925170 12 GLO 292517013 GLO 292517014 BAP 2925171 12 02/01/2019 02/01/2020BAP 292517113 02/01/2020 02/01/2021BAP29251711402/01/2021 02/01/2022 BAP 2925171 12 02/01/2019 BAP 292517113 02/01/2020 BAP 292517114 02/01/2021 BAP 2925171 12 02/01/2019 BAP 292517113 02/01/2020 BAP 292517114 02/01/2021 BAP 2925171 12 02/01/2019 02/01/2020BAP 292517113 02/01/2020 02/01/2021BAP 292517114 02/01/2021 02/01/2022 WC 2925169 1202/01/2019 02/01/2020 WC 29251691302/01/2021 WC 292516914 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLO 2925170-13 02/01/2020 02/01/2021 02/01/2020 18298000 INCL Other Insurance Amendment – Primary And Non- Contributory U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1.The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. GLO292517014 02/01/2021 02/01/2022