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HomeMy WebLinkAboutPremier Automotive C of Carlsbad LLC; 2023-01-27; PSA23-2099FLTPSA23-2099FLT City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR A949 ENGINE REPLACEMENT SERVICES PREMIER CHEVROLET OF CARLSBAD THIS RATIFICATION OF AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, but effective as of Jan. 27, 2023 ratifying this Agreement by and between the City of Carlsbad, California, a municipal corporation ("City") and Premier Automotive C of Carlsbad, LLC, a California limited liability company d.b.a. Premier Chevrolet of Carlsbad ("Contractor”). RECITALS City required the services of an engine replacement consultant that is experienced in engine replacements. Contractor had the necessary experience in providing these services, and has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement was effective from the date first above written. All work was completed on March 8, 2023. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand five hundred thirty three & thirty-four cents dollars ($9,533.34). City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB April20th PSA23-2099FLT City Attorney Approved Version 12/28/2022 2 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Esequiel Perez Name Summer Crespo Title Supervisor Title Service Manager Department Public Works Address 5335 Paseo Del Norte City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave Phone No. 760-438-1064 Carlsbad, CA 92008 Email screspo@premierofcarlsbad.com Phone No. 442-339-2192 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB □ PSA23-2099FLT City Attorney Approved Version 12/28/2022 3 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB PSA23-2099FLT City Attorney Approved Version 12/28/2022 4 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR PREMIER AUTOMOTIVE C OF CARLSBAD, LLC, a California limited liability company d.b.a. Premier Chevrolet of Carlsbad CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Thomas Morgan, Partner & General Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer 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: CINDIE K. McMAHON, City Attorney By: City Attorney DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB PSA23-2099FLT City Attorney Approved Version 12/28/2022 5 EXHIBIT “A” SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. Premier Chevrolet will remove and install a newly rebuilt engine, with miscellaneous and after- market parts. Premier will test drive the vehicle after repairs have been completed in order to ensure everything works properly. Parts and Labor Labor 28.4 Hours -$3,692.00 Parts Engine - $5,421.20 Tax $420.14 Total $9,533.34 DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB PROD / CUSTOMER ID: OTHER: EROTH-STATUTEPER LOC LOC LOC OTC LOC $ $ AUTO ONLY (Ea accident) $AGGREGATE ONLYHIRED AUTOS AUTOS ONLY IN GARAGEAUTOS USED JECT COLLISION EXCESS PERILSSPECIFIED PRIMARY COMP / DIRECT BASIS LEGAL LIABILITY GARAGE KEEPERS LIABILITY $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-LOC N / A SUBR WVD ADDL INSD 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. $ $ Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) REMARKS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $ OTHER THAN AUTO ONLY $EA ACCIDENT GARAGE LIABILITY OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION #:CERTIFICATE #:COVERAGES The ACORD name and logo are registered marks of ACORD 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. CERTIFICATE OF GARAGE INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 30 (2016/03) © 2010-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER NON-OWNED BUSINESS ANY AUTO 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). 2/6/2023 EPIC Brokers Sacramento - Programs CNCDA10877 White Rock Road, Suite #300 Rancho Cordova, CA 95670 408-356-3399 Clear Blue Insurance Company 28860 StarStone National Insurance Company 25496 1,000,000 1,000,000ABN12-220000275-00 8/1/2022 8/1/2023 3,000,000 3 $30,420,000 A BN12-220000275-00 8/1/2022 8/1/2023 3 3 $30,420,000 3 1,000,0003 BN12-220000275-00 8/1/2022 8/1/2023 500,000 A 3 5,0003Included in Garage Liability 1,000,000 3,000,000 3,000,0003 3 3 5,000,000 A BN17-220000264-00 8/1/2022 8/1/2023 5,000,000 3 10,000 Each Occurrence $5,000,000 B Excess Liability 87471O220ALI 8/1/2022 8/1/2023 Annual Aggregate $5,000,000 Retention $0.00 Vera Nunes 3 Premier Automotive C of Carlsbad, LLC; dbaPremier Chevrolet of Carlsbad, Weseloh Chevrolet CO 5335 Paseo del Norte Carlsbad CA 92008 72900246 3 3 City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 PREMAUT13 The City of Carlsbad as Additional Insured5335 Paseo Del Norte Carlsbad, CA 92008 72900246 | PREMAUT13 | Master Certificate | Jessica Ruger | 2/6/2023 2:21:39 PM (PST) | Page 1 of 1 DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB ~ I ACORD® ~ I L--tj >-- L-- L-->-- >-- L--h n >-- L--tJ □ L-- >-- L--□ □ >-- -H I I I I □ J/~/4/'~ I INSR ADDLSUBRLTRINSR 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) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N X(Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $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- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Pacific Compensation Insurance Company 03/20/2023 Edgewood Partners Ins. Center 10877 White Rock Road Suite 300 Sacramento - Programs CNCDA Rancho Cordova, CA 95670 Michelle Russell 916-974-4610 michelle.russell@epicbrokers.com Premier Chevrolet of Carlsbad 5335 Paseo Del Norte Carlsbad, CA 92008 11555 A Y X WA00437604 03/31/2022 03/31/2023 1,000,000 1,000,000 1,000,000 Waiver of subrogation in favor of City of Carlsbad / CMWD applies with respects to the Workers Compensation Policy where required by contract or agreement requiring insurance. City Of Carlsbad / CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 1 of 1 #S5364035/M4794087 PREMAUT15Client#: 244467 EVI01 X DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB I I f--D □ f-- f-- f-- Fl n n f-- f--- f--- f--- f--H I I I I I □ I 5.00 100.00 City of Carlsbad/CMWD Service of City Vehicles c/o EXIGIS Insurance Compliance Service PO Box 947 Murrieta, CA 92564 03-14-23 WA -004376-04 Pacific Compensation Insurance Company 03-31-22 03-31-23 11555 Premier Automotive of Buena Park LLC 3 ISSUED 03/16/23 AT 11:59 AM BY U56 Thousand Oaks, CA 1000-10-0060K DocuSign Envelope ID: A8A11C0D-B6ED-4FFB-B5C4-63594139FACB Pacif icComp· A CopperPoint Insurance Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration (minimum $ Person or Organization ). Schedule % of the California workers' compensation premium Job Description This endorsement changes the policy to which it is attached and is effective on the policy effective date unless otherwise stated. at 12:01 A.M. standard time, forms a part of This endorsement, effective on Policy Number of the Policy Effective Date to NCCI Carrier Code Insured Name Endorsement No. Premium$ Countersigned at ____________ on _______,_,y: -~--- WC 99 03 16 (Ed 1-14) Authorized Representative