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Home My WebLink AboutNu-Vue Window Films Inc; 2017-01-27; PWL17-46TRANPWL 17-46TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIRE STATION #3 WINDOW TINTING: CONTRACT 4003 This letter will serve as an agreement between Nu-Vue Window Films, Inc., a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install window tinting at Fire Station #3, per the Contractor's proposal dated September 19, 2016, attached as Exhibit A, and City specifications, for a sum not to exceed one thousand eight hundred seventy seven dollars ($2,537). This work is to be completed within five (5) work 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;(j1fft Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Vihit init ,· 6. The Contractor hereby acknowledges that debarment by another jurisdiction~ for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ~ 1nit 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. Fire Station #3 Window Tinting: CONTRACT 4003 --1 -City Attorney Approved 212912016 PWL 17-46TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIRE STATION #3 WINDOW TINTING: CONTRACT 4003 This letter will serve as an agreement between Nu-Vue Window Films, Inc., a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install window tinting at Fire Station #3, per the Contractor's proposal dated September 19, 2016, attached as Exhibit A, and City specifications, for a sum not to exceed one thousand eight hundred seventy seven dollars ($2,537). This work is to be completed within five (5) work 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. ..~~ init 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. "*'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. Fire Station #3 Window Tinting: CONTRACT 4003 City Attorney Approved 212912016 PWL 17 -46TRAN 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: Casey Arndt 760-688-5150. Contractor Contact: Tracy Rowley 760-294-3925 CONTRACTOR NU-VUE WINDOW FILMS, INC., a California corporation 1309 Simpson Way, Ste D Escondido, CA 92029 P: 760-294-3925 tracy@nuvuewindowfilms. com By: (sign ere) {Al(;tl-A I "L.f-( tq <{-(&:.6 (pnnt name/title) By: . ----'~ i;r-~·-··· \ / ',._//)~~0'<, (print name/titl ) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey I Actin Dated: blic Works Director (I PLEASE SE"E A IT ACHED NOTORIAL CERTIFICATE •... (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 Fire Station #3 Window Tinting: CONTRACT 4003 --2 -City Attorney Approved 2/29/2016 .. CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 California } County of San~ 10r tf]L? } j\/ 0 ·fO. r Y on 01} I J.j;)t!Jl before me/\le /1 t/!'2~:,!:~~§/:,';.'.L, P~1 b/ i L personally appeared (J-r-e G Gl IT > m c o._~ /r (>\ c \ R 0 lJ1 e who proved to me on the basis of satisfactory evidence to be the perso s whose name~ i e ubscribed to the within in~ent and acknowledged to me that he/sh e executed th~ same in his/he(l!b.e1r authoriz~ 1capacit~. and that by his/he e signatY,~on the instrument the perso~r the entity upon behalf of e perso~cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seaL -flJQcsf~ Notary Public Signature (Notary Public Sea . INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMEN[ if needed, should be completed and attached to the document. Acknowledgments ·o from other states may be completed for documents being sent to that state so long I c~ 61 ) c LJo T k ,s 1 e + pe ·r ~:;,~e wording does not require the California notary to violate California notary (Title or descripti9'_1 of attrred document} ..J.-. - or r1 ~ re-em eN (Title or description of attached ocument continued]Ej IJ Fl Number of Pages __ Document Date __ T CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) 0 Corporate Officer (Title) 0 Partner(s) 0 Attorney-in-Fact o Trustee(s) 0 Other---------- 2015 Version www. NotaryCiasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer( s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or p Jural forms by crossing off incorrect forms (i.e. fie/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed dos:ument with a staple. 11/3012016 1309 Simpson Way, Ste D Escondido, CA 92029 619-994-2882 W\JINI/.nuvuewindowfilms.com Job ID 2880 Cust # 1584 THE CITY OF CARLSBAD 405 OAK AVENUE CARLSBAD, CA 92008 Proposal Exhibit "A" Proposal Man 19/1912016 I 9:00AM CA Contractors License #689176 Additional Contact: CITY OF CARLSBAD RON HAUGLAND 760-975-7410 ron.haugland@carlsbadca.gov 'DISC<;vaf-:..__::,::::..,. I Project: CARLSBAD FIRE STATION NO.3 CHRIS LAURENCE, 3465 TRAILBLAZER WAY, CARLSBAD, CA 92010 Sec Ln 1 1 1 2 3 1 4 1 5 6 1 7 1 8 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 1 17 2 18 2 19 3 20 3 21 Area CAPTAIN'S OFFICE BED -1 NORTH ENTRY NORTH ENTRY NORTH ENTRY DORMS BACK DOOR BACK DOOR BACK DOOR TURN-OUT ROOM TURN-OUT ROOM TURN-OUT ROOM ELECTRIC ROOM TOOLROOM TOOL ROOM TOOLROOM MEDICAL ROOM Section Total KITCHEN KITCHEN Section Total ADMIN FEES Section Total Subtotal Sales Tax Order Total Panes 2 2 1 1 14 1 1 3 2 1 2 2 1 2 38 1 2 3 3 41 https:l/nwue.tintprogroup.c00l/asptadmintp_files/jobdocs/2880.3843.QT,htm Product Description SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE 3M PRESTIGE 70 3M PRESTIGE 70 3M PRESTIGE 70 SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE SUNTEK ONE-WAY MIRROR-OS ADHESIVE PREVAILING WAGE Price $1,735.00 $142.00 660.00 $660.00 $2,537.00 $0.00 $2,537.00 1/2