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HomeMy WebLinkAboutFord Signs Inc; 2020-04-15;AGREEMENT FOR SIGN MAKING SERVICES FORD SIGNS, INC. THIS AGREEMENT is made and entered into as of the I ?\::vv ~ C'-\ , 20M, by and between the CITY OF CARLSBAD, corp ratio1n, ("City"), and Ford Signs, Inc., a corporation, ("Contractor''). RECITALS day of a municipal City requires the professional services of a sign maker that is experienced in fabricating specialty signs for a historic park setting. Contractor has the necessary experience in providing these professional services, 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 will be effective for a period of six months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand two hundred seventy- nine dollars and forty-two cents ($4,279.42). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. City Attorney Approved Version 6/12/18 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 Name Mick Calarco Title Special Projects Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2859 For Contractor Name Stacy Ford Title CFO --------------- Address 1605 Ord Way Oceanside, CA 92056 Phone No. 760-631-4987 Email stacy@ford-sig ns. com 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 D 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. City Attorney Approved Version 6/12/18 2 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. 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 By: (sign here) (print ~a e/title) By: (sIg re) Sta.~ fimi~ (print name/title) 3 CITY OF CARLSBAD, a municipal corporation of the State of California By: Chi erations Officer, Deputy City Ma r, or Department Director as Authorized' by the City Manager ATTEST: City Clerk City Attorney Approved Version 6/12/18 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. Chairman, President, or Vice-President Group B. 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: CELIA A BREWER, City Attorney By: U//1/)/,,u/ /c'_ /lfdfd,P~y-./ .Qeptlty City Attorney / I ,:,s ,~ I a--11,,f--' City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES I X C O R P O R A T S D 1605 Ord Wc,y, Ocec,n$ide Co. 92056 Ph. 760.631.1936 Fx 760.631.4987 www.lc,rd-1ign1,C(lm Licens.#717137 C-45 Estimate #14997 Prepared For: City of Carlsbad Mick Galarco 799 Pine Ave Suite 200 Garlsbad, Ca 92008 Phone: 760 434 2859 Alt. Phone: E-Mail: Description: Entryway sign Fax: Estimated time for production: 25 working days Quantity Description Prepared By: Phil Kenney Ford Signs Inc 1605 Ordway Oceanside, CA 92056 USA Phone: 760-631-1936 Alt. Phone: E-Mail: Manufacture one entryway sign made of 1.5 redwood panel 48" wide x 52" tall that reads "LOGO" PLUS 'WELCOME LEO CARRILLO RANCH HISTORIC PARK'' with "OPEN DAILY 9AM -5PM'' made of FCOs .25 lhick attached with VHB Ca Sales Tax Addltional 2/20/2020 Fax: 76Q-631-4987 Each Total Taxable 4166.00 $4,166.00 113.42 $113.42 Subtotal Total $4,279.42 $4,279.42 City Attorney Approved Version 6/12/18 ~ FORDSIG-01 SEIME1 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/9/2019 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). PRODUCER License# OL48969 ijR~!~cT Megan Seitz C3 Risk & Insurance Services r..t:g,N,;o, Ext): (619) 669-8108 249 I FAX 404 Camino Del Rio S. STE 410 (A/C, No): San Diego, CA 92108 itMM~ss: megan@c3insurance.com INSURERISI AFFORDING COVERAGE NAIC# INSURER A: West American Insurance Comoanv 44393 INSURED INSURER B: Ohio Securitv Insurance Comoanv 24082 Ford Signs, Inc. INSURER c: American Fire & Casualtv 24066 16050rdWay INSURER D: Insurance Comoanv Of The West 27847 Oceanside, CA 92056 INSURERE: INSURERF: 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I Tl> •••~n un,n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [K] OCCUR X BKW56519742 5/9/2019 5/9/2020 DAMAGE TO RENTED 500,000 -PREMISts /Ea occurrence\ $ -MED EXP (Anv one cersonl $ 15,000 -PERSONAL & ADV INJURY $ 1,000,000 R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY □ ~[8,= [K] LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY iic~~~~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO X BAS56519742 5/9/2019 5/9/2020 BODILY INJURY (Per oersonl $ ~ OWNED -SCHEDULED ~ AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident\ $ HIRED ~8~0~~1~ FROPERTY,t~AMAGE -AUTOS ONLY -Per accident $ $ C UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 -ESA56519742 5/9/2019 5/9/2020 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ 2,000,000 ✓ DED I X I RETENTION$ 0 $ D WORKERS COMPENSATION XI trfTIITE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N WSD504114201 5/9/2019 5/9/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, desclibe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more SP.'!ce Is required) Re: Job: Leo Carrillo Ranch Historic Park Sign, Project Cont. No. PKRC691. City of Carlsbad is an additional insured, as required by written contract, per the attached CG2010 04/13 and CG2037 04/13 forms regarding General Liability and per the attached CA8810 01/13 form regarding Auto Liability. 30 Days Notice of Cancellation applies per the attached endorsements regarding the General Liability and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Dept. 799 Pine Avenue, #200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~ ) ) I {r' cfe~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 POLICY NUMBER: BKW56519742 V COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket Additional Insured agreed 1605 ORD WAY OCEANSIDE, CA 92056 Location(s) Of Covered Operations Any location(s) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operatons for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or'' property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 0 ~ N 0 ~ N 0 -----==== = ;;;;;;;;;;;;;;; Policy Number: BKW56519742 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13