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HomeMy WebLinkAboutMotivational Systems Inc; 2017-12-22; PKRC644Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SPECIAL EVENT SIGN KIOSK FABRICATION AND INSTALLATION; CONTRACT PKRC644 This letter will serve as an agreement between Motivational Systems, Inc., a municipal corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to fabricate and install a special event sign kiosk, per the Contractor's proposal dated Oct. 25, 2017 and City specifications, for a sum not to exceed two thousand three hundred and thirty dollars ($2,330). This work is to be completed within 260 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 se~ 12650, et seq .. and Carlsbad Municipal Code Sections 3.32.025, et seq. ·r-j init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the ·ty of Carlsbad to disqualify the Contractor from participating in contract bidding. 7 init _........,_ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for r elution of any disputes between the parties arising out of this agreement is San Diego County, California. SPECIAL EVENT SIGN KIOSK SIGN FABRICATION AND INSTALLATION: CONTRACT: PKRC644 --1 --City Attorney Approved 2/29/2016 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: Mick Calarco, 760-434-2859 Contractor Contact: Andrew Cabrera, 619-474-8246 CONTRACTOR Motivational Systems, Inc. 220 Cleveland Ave. National City, CA 91950 Phone: 619-474-8246, Fax: 619-474-3638 acabrera@motivational.com ~ /(signere) '':) I ,,, ~ ,1 £:, \/" ..,. ""~ I .,_..._ ; . _,(_ ----f-T (print name itle) By: ~,(~~) CITY OF CARLSBAD, a municipal corporation of the State of California By: as authorized by the City Manager Dated: 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 SPECIAL EVENT SIGN KIOSK SIGN FABRICATION AND INSTALLATION: CONTRACT: PKRC644 --2 --City Attorney Approved 2/29/2016 f.ttj Motivational ~~ S)'Stems Inc Estimate #00074876 2200 Cleveland Ave. National City, CA, 91950 Phone (619) 474-8246 Fax (619) 474-3638 Account# 1CAR120 Client Name CITY OF CARLSBAD Address Contract# 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 00074876 00208006 10/25/2017 Project Name CITY OF CARLSBAD Location 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 Salesperson ANDREW CABRERA This agreement is made between Motivational Systems, Inc. hereinafter referred to as "MSI" and CITY OF CARLSBAD hereinafter referred to as "Client". Client Agrees to Purchase the Following: 1. 1 2. 1 D/F Special Event Structure $1,841.00 Produce [1] D/F Special Event sign header w/ 2" sq. Telespar posts, include black powder coat finish. Headers will be constructed with 2x8 douglas fir planks assembled vertically with stained finish, cut to shape. Include white 3mm ACM graphic panels mounted onto face of wood backer. Graphics will be full color vinyl cut-outs of city logo. Set posts into concrete footings. Size: 27" high x 60" wide Installation TAXABLE SUBTOTAL SALES TAX@7.75 % NON-TAXABLE TOTAL $ 0.00 $ 0.00 $ 346.00 $1,841.00 $ 142.68 $ 346.00 $2,329.68 ~ MOTISYS-02 VSZAFRANSKI ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) ~ 11/01/2017 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 # 0525512 ijifmcr Teasue Insurance Asency, Inc. ~xt): (619) 464-6851 I rt~. No):(619) 668-4715 470 Sprini St., #40 infol@teagueins.com La Mesa, C 91942-0275 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Vallev Forae Insurance Comoanv 20508 INSURED INSURER B: Zenith Insurance Comoanv Motivational Systems Inc INSURERC: 2200 Cleveland Ave. INSURERD: National City, CA 91950 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. NOT\NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vv'ITH 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 ~P..P~ ~H.~~ POLICY NUMBER __ POLICY~~F POLICY~~!' LIMITS I TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 f--~ CLAIMS-MADE [K] OCCUR X X 6023673615 01/01/2017 01/01/2018 ~~~~ff;'~J9E~~~t~nce' $ 300,000 f--15,000 MED EXP (Anv one oerson\ $ f-- PERSONAL & ADV INJURY $ 1,000,000 - 2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY oo fr8i' D Loe PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: WASH STOP LOSS $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident' $ 1,000,000 X ANY AUTO 6023673629 01/01/2017 01/01/2018 BODILY INJURY !Per oerson) $ -OWNED ~ SCHEDULED -AUTOS ONLY f--AUTOS BODILY INJURY !Per accident) $ -~LRT'zfs ONLY ~ ~8-f:l~~l~ Fpfl.9~tf;Jeit~AMAGE $ $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE 6023673601 01/01/2017 01/01/2018 AGGREGATE $ 2,000,000 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION X I ~ff Tl ITE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X M1069507 01/01/2017 01/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [EJ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ ~~SC:~jpfr3~ otOPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more srace is required) All Operations Certificate Holder is included, when required by written contract, as additional insured or ongoing and completed operations, with waiver of subrogation, and primary and non-contributory language with respects to the General Liability, and as additional insured with waiver of subrogation with respects to the auto liability, and with waiver of Subrogation under the Worker's Compensaton Coverage per the attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad, Its officials, employeesand volunteers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THE ZENITH WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 with whom you have a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due. Minimum Premium: $0 This endorsement changes the policy to which it is attached and is effective on the policy effective date unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ZENITH INSURANCE COMPANY Endorsement Effective 1/1/2017 Insured MOTIVATIONAi_ SYSTEMS, INC. [A CORPORATION] Policy No. M 1069507 Policy Period Issued On 1 1/1/2017 to 1/1/2018 At SAN DIEGO, CA WC 99-04-25-B 12-28-16 (Ed. 10-07) ENDORSEMENT# TBD ~ C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILllY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG201 O or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled other Insurance, this insurance is excess of all other insurance available CNA75079XX (1-15) Policy No: 6023673615 Page 1 of 2 Endorsement No:1 Effective Date:C Insured Name: Motivational Systems, Inc. 1/1/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~ C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Insured Name: Motivational Systems, Inc. Policy No: 6023673615 Endorsement No:1 Effective Date 1/1/2017 Copyright CNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Manufacturers' General Liability Extension Endorsement This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. PROPERTY DAMAGE -PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE -PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. CNA75101XX (1-15) Page 14 of 15 Insured Name: Motivational Systems, Inc. Policy No: 6023673615 Endorsement No: 1 Effective Date: 1/1/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 6023673629 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 1/1/2017 Countersigned By: Named Insured: Motivational Systems, Inc. SCHEDULE Name of Person(s) or Organization(s) (Authorized Reoresentative ny person or organization you ave agree in a written contract or written agreement to a as an additional insured on this Coverage Part, provided the written contract or written agreement was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury for which the additional insured seeks coverage under this Coverage Part. The written contract or written agreement must pertain to your ongoing operations for the additional insured, and must specifically require additional insured status according to the provisions of CA 20 48. But notwithstanding the above, no person or organization is an additional insured for professional architectural or engineering services provided at or for the Location(s) of Covered 0 erations. . (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 -= -- -- POLICY NUMBER C 6023673629 POLICY CHANGES ENDORSEMENT EFFECTIVE INSURED NAME AND ADDRESS MOTIVATIONAL SYSTEMS INC 2200 CLEVELAND AVE. NATIONAL CITY, CA 91950-6412 1/1/2017 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. It is agreed that the Waiver of Subrogation has been added in favor of the following name(s}: Form#: CA0444 Title: WAIVER OF SUBROGATION Name: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Form#: Title: Name: =~.f.~ . ..Q Chairman of the Board G-56015-B (ED. 11/91}