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HomeMy WebLinkAboutSaturn Electric Inc; 2022-06-08; PKRC22-0526Tracking #: CARLSBAD SKATE PARK; HAND DRYER INSTALLATION: CONTRACT PKRC22-0526 -- 1 -- City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CARLSBAD SKATE PARK; HAND DRYER INSTALLATION: CONTRACT PKRC22-0526 This letter will serve as an agreement between Saturn Electric, Inc., a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material, and labor necessary to install two new hand dryers in the blockhouse restroom at the skate park proposal dated May 6, 2022, and City specifications, for a sum not to exceed three thousand two hundred dollars ($3,200). This work is to be completed within 7 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 s Approved Surplus Line Insurers 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. Tracking #: CARLSBAD SKATE PARK; HAND DRYER INSTALLATION: CONTRACT PKRC22-0526 -- 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: Temujin Matsubara, 442-339-2844 Contractor Contact: Tim Dudek, 858-271-4100 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California 7552 Trade Street San Diego, CA 92121 P: 858-271-4100 F: 858-271-0230 E: tim@saturnelectric.com By: By: (sign here) Timothy A. Dudek, President Parks & Recreation Director (print name/title) By: Dated: (sign here) Thomas J. Dudek, VP/Secretary (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: _______________________________ Deputy City Attorney DIR#1000007128 exp. 06/30/2023 CSL #219097 exp. 01/31/2024 SLBE# 14SE1044 City of San Diego-Small Local Business Enterprise SBA(MICRO)#20358 DGS California Department of General Services Proposal City Of Carlsbad Skateboard Park Restroom Upgrades 2560 Orion Way, Carlsbad CA 05-6-2022 Hello, We propose to furnish the necessary labor, material, and tools for the electrical work on the subject project as detailed herein: . . . . . . . . . $3,200.00 SCOPE OF WORK: Install conduit from existing junction box in blockhouse ceiling to back of dryer locations for the men and restrooms. Core through wall and install conduit and wire to dryer locations. Install (2) customer supplied dryers and terminate wiring. Separate circuits from panel to existing outlets for dedicated circuits going to the dryers. Repair existing ceiling exhaust fans with new components. Ensure all voltage is present and test all devices. Label panel schedule and clean off site CLARIFICATIONS: 1. This proposal is based on a standard forty (40) hour, (5) day workweeks. EXCLUSIONS: 1. Any pre-existing or unforeseen conditions. 2. Drywall repair and painting. 3. Premium portion of overtime. 4. City and regulatory permits and fees. We are looking forward to serving your best interest on this project. If you should have any further questions or comments, please do not hesitate to call us. Respectfully Submitted, Matthew Robinson CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/29/2021 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 CONTACT NAME: Breckpoint PHONE (A/C, No, Ext): (800) 592-0047 FAX (A/C, No, Ext): (800) 592-2541 Administrator, California Contractors Network, Inc. E-MAIL ADDRESS: service@breckpoint.com 1481 S. Balboa Ave.INSURER(S) AFFORDING COVERAGE NAIC # Ontario, CA 91761 INSURER A: California Contractors Network, Inc.* INSURED INSURER B: Safety National Casualty Corporation 15105 Saturn Electric, Inc.INSURER C: Affiliate of California Contractors Network, Inc.INSURER D: 7552 Trade St. INSURER E: San Diego , CA 92121 INSURER F: 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 EQUIREMENT, 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 INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person)$ ANY OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident)$ HIRED AUTOS NON- OWNED AUTO PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STATU- TORY LIMITS OTH- ER A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED?N N/A X 4503-098 01/01/2022 01/01/2023 E.L. EACH ACCIDENT $5,000,000.00 (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $5,000,000.00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $5,000,000.00 B EXCESS WORKERS COMPENSATION SP4066022 01/01/2022 01/01/2023 AND EMPLOYERS LIABILITY Applicable to WC Statutory Limits and Employers Liability Limits. DESCRIPTION OF OPERATIONS / LOCATION / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) All California Operations ** Waiver of Subrogation applies - see attached ** ** See Notes ** *Complies with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California, holder of Master Certificate of Consent to Self-Insure No. 4503 CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050, New York, NY 10163 ACORD 25 (2014/01)The ACCORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A. Seegmiller PAGE 2 NOTEPAD: INSURED'S NAME: Saturn Electric, Inc. DATE: 12/29/2021 City of Carlsbad WORKERS COMPENSATION AND EMPLOYERS LIABILITY California Contractors Network, Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS We have the right to recover our payments from anyone liable for a covered injury. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Person or Organization: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163 City of Carlsbad Insured: Saturn Electric, Inc. Policy No.: 4503-098