HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2021-10-07; PWL22-1592UTILPWL22-1592UTIL
Chinquapin Roof Repair Services - 1 - City Attorney Approved 2/29/2016
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Chinquapin Roof Repair Services
This letter will serve as an agreement between Weatherproofing Technologies, Inc., a Delaware corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to apply roof restoration fluid to existing roof, per Exhibit A and City specifications, for a sum not to exceed one thousand six hundred dollars ($1,600). 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.
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
DocuSign Envelope ID: 84CAAA9F-A907-4E4A-A6AD-75BA2128C06B
PWL22-1592UTIL
Chinquapin Roof Repair Services - 2 - City Attorney Approved 2/29/2016
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: Timothy Smith, 760-783-7850 Contractor Contact: Sten Johnson, 858-531-5197 CONTRACTOR
Weatherproofing Technologies, Inc., a Delaware corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
3735 Green Road Beachwood, OH 44122
P: 858-531-5197 F: 858-488-3529
sajohnson@tremcoinc.com
By: By:
(sign here)
Jaime K. Brink, Vice-President & CFO
Vicki V. Quiram, Utilities Director, as authorized by the City Manager
(print name/title)
By: Dated:
(sign here)
Thomas A. Cummings, 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: 84CAAA9F-A907-4E4A-A6AD-75BA2128C06B
October 7, 2021
PWL22-1592UTIL
Chinquapin Roof Repair Services - 3 - City Attorney Approved 2/29/2016
EXHIBIT A
Chinquapin Roof Repair Services
SCOPE OF WORK AND FEE
DESCRIPTION PRICE
Prepare existing rusted areas and remove as needed, prime with
Tremlite metal rust primer (equal or equivalent), and reseal designated
areas with Solargard acrylic sealer (equal or equivalent).
$1,600
TOTAL* $1,600
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: 84CAAA9F-A907-4E4A-A6AD-75BA2128C06B
5,000,000
04/01/2022
GLO925879114
EWS596599513 (Excess OH)
CLE-006005009-27
2,000,000
WC925878814 (AOS)
X
40142
N
X04/01/2021
25
04/01/2022BAP925878914
A
10,000,000
5,000,000
Excess Ohio SIR: $500,000
N/A
American Zurich Insurance Company
2,000,000
X
X
SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED(S) UNDER THE GENERAL LIABILITY. GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES.
03/17/2021
WEATH
04/01/2021
04/01/2021
CITY OF CARLSBAD AND CMWD ARE NAMED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THE INSURANCE AFFORDED
UNDER THE GENERAL LIABILITY POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED
X
04/01/2021
Carlsbad, CA 92008
City of Carlsbad/CMWD
(S) IS NON-CONTRIBUTORY. PER COVERAGE FORM, AUTO COVERAGE WILL APPLY ON A PRIMARY NON-CONTRIBUTORY BASIS WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF
A
A
N/A
CN102302710-RPMf-Cas-21-22
10,000
04/01/2022
1,000,000
B
4,000,000
16535
1,000,000
2,000,000
WC925879014 (MA, PR, WI)
200 Public Square, Suite 3760
Marsh USA Inc.
Cleveland, OH 44114-1824
Tremco Incorporated and its subsidiaries
Weatherproofing Technologies, Inc.
Beachwood, OH 44122 3735 Green Rd.
04/01/2021
1635 Faraday Avenue
A
04/01/2022
04/01/2022
Zurich American Insurance Company