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HomeMy WebLinkAboutGlass and Mirror Shoppe; 2019-06-07; PKRC706Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SENIOR CENTER FRONT COUNTER GLASS: CONTRACT NUMBER PKRC706 This letter will serve as an agreement between Glass and Mirror Shoppe, a sole proprietor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install windows at the front counter of the Senior Center, per the Contractor's proposal dated April 23, 2019, attached scope of services and City specifications, for a sum not to exceed Three Thousand, Three Hundred Eighty Two Dollars and Eighty Three Cents ($3,382.83). This work is to be completed within 30 calendar 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, Go~~ent Code sections 12650, et Sfill., and Carlsbad Municipal Code Sections 3.32.025, et seq. ___j:_f=, ___ init ____ init 6. The Contractor hereby acknowledges that debarment by another jurisdictio~sarounds 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. Senior Center Front Counter Glass: Contract Number PKRC706 --1 --City Attorney Approved 2/29/2016 i>enn Tracking#: 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: Margaret Hamer 760-602-4650 Contractor Contact: Penny Kachuk 760-729-1064 CONTR/\CTOR Glass and Mirror Shoppe 3095 State Street, Suite G Carlsbad, CA 92008 760-729-1064 glassandmirror@icloud.com (print name/title) By: (sign here) (print name/title) CITY OF CARLSBl\D, a municipal corporc>tion of the State of California By: Manager, Deputy City Manager Department 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: Senior Center Front Counter Glass: Contract Number PKRC706 --2 --City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF SERVICES Tracking#: Contractor will supply and install ¼" thick, tempered glass windows at the customer service counter at the Senior Center. The space where the windows will be installed is currently open. The contractor will install new aluminum framework, which will fit into the sheetrock and formica opening at counter area. Three separate sections of windows will be set inside of framework. The two outside sections will have vertically sliding windows while the middle section will be one fixed piece of glass. The sliding windows will have locking capability and all hardware and other accessories needed for proper mechanical workings of the windows will be supplied by the Contractor. Once installed, the windows and framework will net interfere with the use of existing rollup door that exists on the inside of the counter space. Agreement shall not exceed $3,382.83 Senior Center Front Counter Glass: Contract Number PKRC706 "" 3 "" City Attorney Approved 2/29/2016 CERTTFICA TE OF EXEMPTION WORKERS' COM PENSA TI ON/EMPLOYERS' LIABILITY INSURANCE 1,Thn111"{{S'Ci( huck_ ,amthe~O~W~l()~-=-,.._C ___ _ [insert name) [title] orG.a S-Sg_vi.J (II i(( tJ{ sh:>ptt I hereby certify that 6ici !-, ~ ?j n (Y fhj f (o( ~0 tppt, [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should 6/ ti S S 0/v') (:£ f'hi' ({_Of C 0o ~tJf.. emp Joy any person during the term [ name of company ]f of the Agreement with the City of Carlsbad for Serd of(ievi ~E((oo111 f.'€( b(~ S 5, [description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. 06/15/2006 25 Ae,Ro® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) 05/02/2019 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 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 ~~~iAcT Carl Ferraro Jr FERRARO Jr INS AGY INC PHONE .(714) 536-2000 [ fffc Nol: (714) 848-2632 20365 Beach Blvd. . ~ ExJW-_ Statefarm Huntington Beach CA 92648 ~ilJ~ss: carl@carlferraro.com A CA Lie #0778097 ---INSURER(S) AFFORDING COVERAGE NAIC# _ -~SURE_!l A ,State Farm General Insurance Company 25151 -------·-· ------------------------------~---------- INSURED Kachuck, Penny INSlJ_R_ER B_:__ ----OBA Glass & Mirror Shoppe INSURERC: -----------------------------------------3095 State St Ste G INSURER D: ... -------------- Carlsbad, CA 92008-2376 _ INSURER E : ___ INSURER F: 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. 'f~ -----~;;~; l~;URANC; l~~Jf~.~-~:~ -·-;;;;:~~UM~~;--------,I-,~=g~r~Ji=,rv-~E=,\-y=Fll~,=~=g~T6=%~k=E=xrvi~--------LI_M_IT-S--------; A I X I COMMERCIAL GENERAL LIABILITY ! : I I EACH OCCURRENCE [-'--f --, "~ 1 I DAMAGE TO RENTED 1-x_r-__ CLAIM-S-MADE ~ >'. 0-CCUR ---I 92-EY-V328-2 i, 11/02/2018 11/02/2019 PREMl"SE"S IE, ocrurronco\ L , ..!,1.~D EXP (Any one person) $ 1,000,000 300,000 5,000 ~ G~-~~~GR;;~~EU~~;~PPL~S-~~--j i, ::::~:~:;:~~:~~RY : ::~~~:~~~ tx- 7 : POLICY ·= ~m r 7 LOC I 1 1 1 , f-P_R_O_D_U_C_Ts--c-o-M~P-/O_P_A_G_G-+~$----2-.0-0-a.-o-aa_. I OTHER I $ , AUTOMOBILE LIABILITY ~-I ! ! I ~--ANY AUTO I I ' ALL OWNED I -: AUTOS r·--i HIRED AUTOS ! SCHEDULED f--: ~~1°5wNED 1 __ ! AUTOS ! i UMBRELLA LIAB i OCCUR I I :. __ j EXCESS LIAB i L~LAIMS-MAD5j ~ i I DED I I RETENTION$ I I I WORKERS COMPENSATION I I 'AND EMPLOYERS' LIABILITY y I N, I ' i ~~l~~~R~~1i~11;~~I~6~i;ECUTIVE D: NI A: · (Mandatory in NH) I If yes, describe under : OESCRIPTION 0~ OPERATIONS below I I i I ! I i i I I I I I COMBINED SINGLE LIMIT /Ea accident\ BODILY INJURY (Per person) BODILY INJURY (Per accidenl) $ IJ;,~?:zc~:~1~AMAGE ----,f-$---------1 $ EACH OCCURRENCE AGGREGATE I PER I I OTH· STATUTE ER E.L. EACH ACCIDENT ~L DISEA~E_ -EA EMPLOYEE $ E L. DISEASE -POLICY LIMIT $ I I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) 30 Day Notice of Cancellation/10 Day Notice of Nonpayment Project: Carlsbad Senior Center Front Counter CERTIFICATE HOLDER CANCELLATION City of Carlsbad, City Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 799 Pine Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cu-tr~ 6,,r-711.r. © 1988-2014 ACORD CORPt5RATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 ilAH fARM ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS (FORM B) POLICY NO: 92-EY-V328-2 NAMED INSURED: Kachuk, Penny OBA Glass & Mirror Shorpc 3095 State St Ste G Carlsbad, CA 92008-2376 ADDITIONAL INSURED: City of Carlsbad, City Manager 799 Pine Ave. Carlsbad, CA 92008 THE INSURANCE AFFORDED BY THE POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED(S) IS NON CONTRIBUTORY. STATI FAIM A INSURANC:11, POLICY NO: 92-EY-V328-2 NAMED INSURED: Kachuk, Penny DBA Glass & Mirror Shoppe 3095 State St Ste G Carlsbad, CA 92008-2376 ADDITIONAL INSURED: City of Carlsbad, City Manager 799 Pine Ave. Carlsbad, CA 92008 The insurance to the Additional Insured, as set forth in the FE-6324 Endorsement shall be Primary, but only with respects with claims made or suits for damages for which our named insured is provided coverage and which arises out of our contributory as respects coverage afforded for our Named Insured. All others provisions of policy apply.