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HomeMy WebLinkAbout24 Hour Elevator Inc; 2022-07-25; PWL22-1810FAC PWL22-1810FAC Pine Community Center Elevator UPS Replacement - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT PINE COMMUNITY CENTER ELEVATOR UNINTERRUPTIBLE POWER SUPPLY (UPS) REPLACEMENT This RATIFICATION OF LETTER OF AGREEMENT between 24 Hour Elevator, Inc., a California corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the _______ day of _____________________________, 2022, but effective as of the 25th day of March, 2022, ratifying the work performed for the Pine Community Center Elevator Uninterruptible Power Supply (UPS) Replacement. The Contractor provided all equipment, material and labor necessary to remove and replace the existing UPS, per Exhibit “A” and City specifications, for a sum not to exceed one thousand nine hundred thirty-seven dollars ($1,937). This work was completed on the 8th day of April, 2022. Upon full execution, the Letter of Agreement is ratified. 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. DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D 25th July PWL22-1810FAC Pine Community Center Elevator UPS Replacement - 2 - City Attorney Approved 2/29/2016 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 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D PWL22-1810FAC Pine Community Center Elevator UPS Replacement - 3 - City Attorney Approved 2/29/2016 9. City Contact: Brian Bacardi, 442-339-2944 Contractor Contact: Natosha Supernant, 858-279-8900 CONTRACTOR 24 Hour Elevator, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 4837 Mercury St. San Diego, CA 92111 P: 858-279-8900 F: 858-279-8901 natosha@24hourelevator.com By: By: (sign here) Donovan McKeever, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name, title) By: Dated: (sign here) Leanne Flannery, CFO (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: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D July 25, 2022 PWL22-1810FAC Pine Community Center Elevator UPS Replacement - 4 - City Attorney Approved 2/29/2016 EXHIBIT A PINE COMMUNITY CENTER ELEVATOR UNINTERRUPTIBLE POWER SUPPLY (UPS) REPLACEMENT SCOPE OF WORK AND FEE Contractor removed and replaced existing elevator UPS at the Pine Community Center located at 3209 Harding Street, Carlsbad CA, 92008. DESCRIPTION PRICE Remove and replace exisiting Uninterruptible Power Supply (UPS). $1,937 TOTAL* $1,937 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD 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) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 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 PERIOD INDICATED. 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 have ADDITIONAL INSURED provisions or 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 © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 24HOU-1 OP ID: NC 09/14/2021 Julie Rector ISU Massie & Beck Ins. Serv. License #0B29340 315 Lennon Lane Walnut Creek, CA 94598 Dean Sigmundson 925-283-5750 925-283-5751 julie@isumassie.com Great American Ins. Comp. Travelers Indemnity of CT 24 Hour Elevator, Inc.4837 Mercury Street San Diego, CA 92111 Travelers Property Casualty Liberty Insurance Corporation A X 1,000,000 X X GLP195881802 09/19/2021 09/19/2022 300,000 10,000 1,000,000 4,000,000 X 4,000,000 10,000,000 1,000,000B X 810-9N150383-21-14-G 09/19/2021 09/19/2022 X X X 10,000,000 X D 1000358921-03 09/19/2021 09/19/2022 10,000,000 XC X UB-0P001842-TIL-21 09/19/2021 09/19/2022 1,000,000 1,000,000 1,000,000 RE: City of Carlsbad, various locations. The City of Carlsbad, its officials, employees and volunteers are included as Additional Insured regarding General Liability as per the attached endorsement. Coverage is Primary and Non-Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 day cancellation notice applies. CITYCA2 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668-EMC#35050 New York, NY 10163-4668 925-283-5750 16691 25674 25674 42404 Max.Aggr DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D Policy Number: GLP195881802 DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D Policy Number: GLP195881802 DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non-Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to Paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1)the Additional Insured is a Named Insured under such other insurance; and (2)you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. Policy Number: GLP195881802 DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D - - WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE:ST ASSIGN:Page 1 of 1 ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. ENDORSEMENT WC 99 03 76 ( A) POLICY NUMBER: UB-0P001842-21-14-G DocuSign Envelope ID: F7E7B1A3-6FA1-4DF0-85AE-915F568AC53D