HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2017-07-24; PWL17-142TRANPWLl 7-142TRAN
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
NON-DESTRUCTIVE ROOF INSULATION MOISTURE SURVEY: CONTRACT 4715
This letter will serve as an agreement between Weatherproofing Technologies, Inc., a California corporation
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to perform nondestructive roof insulation moisture survey at Safety Center and Fleet
Maintenance Center, see Exhibit "A". Submit report with professional opinions and recommendations, per
the Contractor's proposal dated June 15, 2017 and City specifications, for a sum not to exceed two
thousand five hundred dollars ($2,500). 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. /Y{/) init /il/3 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. /YOJ init /)'ll3 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.
Non-Destructive Roof Insulation Moisture Survey
Contract No. 4715 -1-City Attorney Approved 2/29/2016
PWLl 7-142TRA N
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: Steven Stewart. (760) 602-7543
Contractor Contact: Sten Johnson, (858) 531-5197
CONTRACTOR
Weatherproofing Technologies, Inc., a
California corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
3735 Green Road
Beachwood, OH 44122
P: (858) 531-5197
F NA
sajohnson@tremcoinc.com
By:
;r-2) (sign here) l'/J AC -/flit/ztttl Jv02cz, Vr, v(), /ltdJW?r
(print nam /title( '
Elaine Lukey, Publi rks Director
as authorized by the City Manager
Dated:
(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
Non-Destructive Roof Insulation Moisture Survey
Contract No. 4715 -2 -City Attorney Approved 2/29/2016
roposal Prepared for:
CITY OF CARLSBAD
1635FARADAY AVENUE
CARLSBAD, CA 92008
ATTN: Steven Stewart Municipal Projects Mgr
A Subsidiary of Tremco Incorporated
RE: Safety Center and Fleet Center
Non Destructive Roof Insulation
Moisture Survey
Prepared by:
Weatherproofing Technologies Inc.
3735 Green Road Beachwood, OH 44122
CA Lie # 274072
3735 Green Road, Beachwood, OH 44122 • www.tremcoroofing.com
02/10/17
June 15, 2017
City of Carlsbad
1635 Faraday
Carlsbad, CA 92008
Re: Project Name/ Address: Safety Center and Fleet Maintenance Center Faraday A venue
Customer (the "Customer"): City of Carlsbad
Dear Steven
Thank you for allowing Weatherproofing Technologies, Inc. ("WTI") to provide you with a proposal for
work at the above-referenced location.
CONTRACT PRICE:
$ 2,500.00 0 Plus tax O Tax included O Tax exempt J No tax
U Labor Only O Time and Materials O NTE ~ Lump Sum
SCOPE OF WORK (THE "WORK,,):
Perform non destructive roof insulation moisture survey on Safety Center - 4 roof levels totaling
approximately 34,675 square feet and Fleet Training Center 3 rooflevels totaling approximately
1 0, 000 square feet.
Infrared Roof insulation moisture survey to determine amount and location of any west insulation.
Moisture cuts and core cuts will be performed as needed to verify results. Any areas of wet insulation
will be marked on the roof and included on CAD drawing in report.
A Subsidiary of Tremco Incorporated
3735 Green Road, Beachwood, OH 44122 • www.tremcoroofing.com
02/10/17
Unless all Work hereunder is to be performed within thirty (30) days, WTI shall submit an
invoice to the Customer at the end of each calendar month for the amount due for the portion of
the Work completed during that month. If all Work is to be performed within thirty (30) days,
no invoice shall be submitted until all Work has been completed. Customer shall pay WTI in full
within thirty (30) days after receipt of each invoice.
TERMS AND CONDITIONS:
This Proposal is an offer by WTI to provide the Scope of Work set forth above to the Customer
on the terms and conditions set forth herein and in WTI's standard terms and conditions (a copy
of which may be obtained at http:/ /www.tremcoroofing.com/fileshare/terms/TandCWTI.pdf),
which are hereby incorporated by reference (together, the "Terms and Conditions"). The Terms and
Conditions will govern the Work to the exclusion of any other or different terms, including
in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a
Master Agreement or similar contract with Customer signed by an authorized representative of
WTI. Please confirm your acceptance either by return e-mail to the representative identified
below or by having an authorized representative of Customer sign in the space provided below.
Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work.
We appreciate your business and look forward to working with you at your facility.
Sincerely,
WEATHERPROOFING TECHNOLOGIES, INC.
By: Sten Johnson
Title: Senior Field Advisor
Phone: 858-531-5197
E-mail: sajohnson~tremcoinc.com
AUTHORIZATION AND ACCEPTANCE:
Authorization is hereby given to WTI to proceed with the Work.
Customer:
By:
P.O. number (if required):
Print name:
Title:
Date:
A Subsidiary of Tremco Incorporated
3735 Green Road, Beachwood, OH 44122 • www.tremcoroofing.com
PAGE 2
02/10/17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of Ohio
County of Cuyahoga
On __ j_v_l7_~!1-+-1 _2-_c,\~7 __ before me, ___ (j-.~_1"6_bJ'-'-+----+f---1_1 ,r_L _______ _
(insert name and title of the officer)
Personally appeared __ ,....,/v1'-'--'--"1·,-'~-=-='-_,_/___,D"'--'--r-=-"-'-""-'-'t"\'-'-____ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALY OF PERJURY under the laws of the State of Ohio that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
Signature~~ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of Ohio
County of Cuyahoga
On __ J_,.J-+-'/____,__,/ 1=--i1'---l_o \'-1-1-before me, ____ o----'""--o--'-t-y;~1+---f,_v_~_) 1--'-c., _____ _
(insert name and title of the officer)
Personally appeared f11ur& ~~/fr.,, 5s [ (y who proved to me on the basis of
satisfactory evidence to be the person(s) whose hame(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALY OF PERJURY under the laws of the State of Ohio that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
Signature ,¢ ~II