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HomeMy WebLinkAboutBaker Electric & Renewables LLC; 2023-05-23; PWM23-2189FACPWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 1 of 9 City Attorney Approved 02/14/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PHOTOVOLTAIC SYSTEM DATA LOGGER REPLACEMENTS; CONT. NO. 4723 This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Baker Electric & Renewables, LLC, a California limited liability company whose principal place of business is 1298 Pacific Oaks Place, Escondido, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Charles Balteria (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the 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 execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 23rd May PWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 2 of 9 City Attorney Approved 02/14/2023 A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ________ Theodore N. Baker ___________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are 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. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 PWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 3 of 9 City Attorney Approved 02/14/2023 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The 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. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, 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 the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. 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. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after commencing work. /// /// /// /// /// /// DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 PWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 4 of 9 City Attorney Approved 02/14/2023 CONTRACTOR’S INFORMATION. Baker Electric & Renewables, LLC 1298 Pacific Oaks Place (name of Contractor) 161756 (street address) Escondido, CA 92029 (Contractor’s license number) C10 - Electrical, C46 - Solar, B - General Building Contractor, C7 - Low Voltage Systems, A - General Engineering Contractor 5/31/24 (city/state/zip) 760-745-2001 (license class. and exp. date) 1000000466 06/31/2024 (telephone no.) dbetzold@baker-electric.com (DIR registration number and exp. date) (e-mail address) 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 Baker Electric & Renewables, LLC, a California limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Theodore N. Baker, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City 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, President, or Vice-President Secretary, Assistant Secretary, 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 PWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 5 of 9 City Attorney Approved 02/14/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 n/a n/a n/an/a n/an/a PWM23-2189FAC Photovoltaic System Data Logger Replacements – Cont. No. 4723 Page 6 of 9 City Attorney Approved 02/14/2023 EXHIBIT B Photovoltaic System Data Logger Replacements Contractor to furnish all labor, tools, materials and equipment to replace three Draker Photovoltaic System Data Loggers with new AlsoEnergy PowerLogger1000s. Two data loggers are to be replaced at Alga Norte Community Park located at 6565 Alicante Street, Carlsbad CA, 92009 and one data logger is to be replaced at the Safety Training Center located at 5750 Orion Street, Carlsbad CA, 92010. Scope of work shall consist of all items mentioned in the Contractor’s proposals dated March 24, 2023, and are attached to this document as Exhibit “C”. • Contractor to leave the worksite in a clean and workmanlike manner. • Contractor to remove and dispose of all replaced equipment. • Contractor to test and verify proper operation of the replaced equipment. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Alga Norte Photovoltaic System Data Logger Replacements $5,513.33 2 LS 1 Safety Training Center Photovoltaic System Data Logger Replacement $2,756.67 TOTAL* $8,270.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 PWM23-2189FAC Photovoltaic System Data Logger Replacements - Cont. No. 4723 Page 7 of 9 EXHIBIT C DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Baker Electric Mar 24, 2023 Alga Norte PV 6565 Alicante Rd, Carlsbad, CA, 92009 Attention: Charles Balteria Re: DAS Datalogger Upgrade Charles Balteria 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax UC #161756 D C10 C46 / DIR #1000000466 Quote Number: Q23-11285 Version 2 Thank you for this opportunity to bid on this scope of work, and we look forward to working with you. We propose to furnish labor; materials and equipment to perform the electrical work on the above referenced project for the amount shown below. 1. Powwt.ogger 1000 upgrade $5,275.50 Procure, Install and Commission Also Energy Powerlogger 1000 Data Logger: Mater1al Qty Unit Pr'lce Powerlogger 1000: CH-E0-1000 2 $1,534.39 Mata'fal Total Labor Qty Rate Default -Comm Solar (NABCEP Tech) 16 $137.92 Labor Total Ben Bid SUbtotal $3,068.78 $3,068.78 SUbtotal $2,206.72 $2,206.72 $5,513.33 PWM23-2189FAC Photovoltaic System Data Logger Replacements - Cont. No. 4723 Page 8 of 9 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Baker Electric Mar 27, 2023 Safety & Training Center PV 2560 Orion Way, Carlsbad, CA, 92010 Attention: Charles Balteria Re: DAS Datalogger Upgrade Charles Balteria 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax UC #161756 D C10 C46 / DIR #1000000466 Quote Numbs: Q23-11290 Thank you for this opportunity to bid on this scope of work, and we look forward to working with you. We propose to furnish labor; materials and equipment to perform the electrical work on the above referenced project for the amount shown below. 1. Powwlogger 1000 upgrade $2,637.75 Procure, Install and Commission Also Energy Powerlogger 1000 Data Logger: Mater1al Qty Unit Pl1ce Powerlogger 1000: CH-E0-1000 Labor Default -Comm Solar (NABCEP Tech) $1,534.39 Materfal Total Qty Rate 8 $137.92 Labor Total BenBJd SUbtotal $1,534.39 $1,534.39 SUbtotal $1,103.36 $1,103.36 $2,756.67 PWM23-2189FAC Photovoltaic System Data Logger Replacements - Cont. No. 4723 Page 9 of 9 EXHIBIT C - Materials DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Also Energy beyond measure Powerlogger 1000 Interactive Datalogger Interactive Gateway far Monitoring Commerical Renewable Energy Systems P0WERL0GGER 1000 DATA SHEET PowerLogger 1000 is the new standard gateway device for Also Energy's Commercial PV Monitoring Solution. Time-saving features include an interactive touch screen LCD display, which allows workers on site to interact with t he system without the need for o laptop computer. Remote operation ond diagnostics reduce onsite efforts t hroughout the project lifecycle, ond automated configuration simplifies the instollotion process, The Powerl ogger is typical ly mounted in on Ell-listed NEMA4 enclosure ond combined with components such os power supply, cellular modem, network switch, and o revenue grade meter to make up o complete monit oring solution. AlsoEnergy integrated hardware solutions ore extensively t ested, list ed to UL standards, ond come with o standard 5-year warranty. Powerlogger 1000 Capabilities Sends real-time field data and diagnostics information to AlsoEnergy PowerTrack software platform • Interactive touch display for field troubleshooting and commissioning • Fully automated configuration Local data storage eliminates data gaps from lost network connectivity events Manual remote control for clearing inverter faults, turning inverters off and on, and operating switchgear where permitted Integration with PowerTr□cl< Software The PowerLogger 1000 is designed for use with our cloud-based software platform PowerTrack. • User-adjustable sampling rates down to one minute. • Powerlogger 1000 enables the complete Power Track feature set AlsoEnergy clients use PowerTrack software to increase yield, reduce maintenance costs, and save time and money on asset management workload. Al!!iiuEnergy I 5425 Airport Blvd Ste 100 I Boulder, CO 80301 I www.alsoenergy.com I 866.303.5668 v2 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 ~ r ACORD® ~ I ~ □ □ ~ ~ R □ □ ~ ~ - ~ ~ ~ ~ ~ H l I I I I □ I DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 I DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 WC 040306 (Ed. 04-84) 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 0 otherwise due on such remuneration . % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT TO THE EXTENT ALLOWABLE BY LAW. JOB DESCRIPTION © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 All persons or organizations as required by written contract or agreement. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 All persons or organizations as required by written contract or agreement. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 POLICY#: POLICY PERIOD: TO: CONTRACTOR'S The words "we," "us" and "our'' mean the Insurer the Declarations of this Policy. The words "you" and "your'' mean any person or entity described in the Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 counsel's reasonable and necessary fees and expenses in defense of a disciplinary proceeding against counsel's reas Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 counsel's reasonable and necessary fees and expenses incurred when you Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 the destruction, deletion or corruption of your client's electronic data; or f your client's information listed an individual, natural person's private Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Named lnsured's Named lnsured's lnsured's Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 perform credit monitoring service for your clients' individual personal data or your clients' corporate restore or recreate, if possible, any of your clients' lost data caused by the Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Construction Management, Program Management, Project Management, Owner's Representation, Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 gation for which any party shall be liable under any worker's compensation, unemployment compensation, employer's liability, obligation to pay fair wages or benefits, or disability Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 lnsured's any of your employees' personal data, confidential information or other private Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 or other affiliates, and your client's designees; and your co Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 e Policy number in this Policy's Declarations. Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 claims, and all remedies and entitlement to costs or attorneys' fees in a dispute over any of the foregoing, New York's conflicts of law rules). Policy Form: PERFORM-10002 (11-20) DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 The project(s) as specified in the written contracts or agreements. DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 DocuSign Envelope ID: B11EC108-89D9-4756-A39E-121BC42AC086 POLICY#: POLICY PERIOD: TO: COMMERCIAL GENERAL LIABILITY CG 20 011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (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. 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 CG 20 011219 © Insurance Services Office, Inc., 2018 E-INSURED Page 1 of 1