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HomeMy WebLinkAboutNu-Vue Window Films Inc; 2020-11-19; PWL21-1316FAC PWL21-1316FAC Alga Norte Aquatic Center Window Film Installation - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ALGA NORTE AQUATIC CENTER WINDOW FILM INSTALLATION 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 film at Alga Norte Aquatic Center, per Exhibit “A” and City specifications, for a sum not to exceed one thousand three hundred fifty-one dollars ($1,351). 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. __________ 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. DocuSign Envelope ID: 95061D2E-30CC-4034-ADA4-4726CE09F188 PWL21-1316FAC Alga Norte Aquatic Center Window Film Installation - 2 - City Attorney Approved 2/29/2016 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: Ron Haugland, 760-975-7410 Contractor Contact: Gregg McKay, 619-994-2882 CONTRACTOR Nu-Vue Window Films, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 2245 Enterprise Suite, Ste 120 Escondido, CA 92029 P: 619-994-2882 F: N/A greggmckay@nuvuewindowfilms.com By: By: (sign here) Gregg McKay, President / CEO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: Dated: (sign here) Tracy McKay, Secretary / CFO (print name/title) (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: Assistant City Attorney DocuSign Envelope ID: 95061D2E-30CC-4034-ADA4-4726CE09F188 November 19, 2020 PWL21-1316FAC Alga Norte Aquatic Center Window Film Installation -3 -City Attorney Approved 2/29/2016 EXHIBIT A Aquatic Center Window F Alga Norte Aquatic Center Window Film Installation SCOPE OF WORK AND FEE Contractor to provide all materials, tools and labor to install 20 panes of window film in Rooms 213 and 214 located at 6565 Alicante Road, Carlsbad, CA 92009. Scope of work shall consist of all items mentioned in the Contractor’s proposal dated September 23, 2020 and is attached to this document as Exhibit “B.” Notes: •Contractor shall remove and dispose of all excess materials DESCRIPTION PRICE Install 20 panes of window film $1,351 TOTAL* $1,351 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 95061D2E-30CC-4034-ADA4-4726CE09F188 Proposal Wed 9/23/2020 9:00AM CA Contractors License #689176 OPEN Monday - Friday 8 am -5pm 2245 Enterprise Street, Ste 120 Escondido, CA 92029 619-994-2882 www.nuvuewindowfilms.com Job ID 10143 Cust # 6772 THE CITY OF CARLSBAD RON HAUGLAND 405 OAK AVENUE CARLSBAD, CA 92008 Cell: 760-975-7410 Ron.Haugland@carlsbadca.gov Site ALGA NORTE AQUATIC CENTER RON HAUGLAND, 6565 ALICANTE RD, CARLSBAD, , , CA 92009 Sec Ln Area Panes Product Description Price 1 1 Tracy’s Office - South Windows 2 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 1 2 Tracy’s Office - South Windows 2 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 1 3 Tracy’s Office - South Windows 1 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 1 4 Tracy’s Office - South Windows 1 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE Section Total 6 $385.00 2 5 Tracy’s Office - West Windows 1 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 2 6 Tracy’s Office - West Windows 1 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 2 7 Tracy’s Office - West Windows 2 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE 2 8 Tracy’s Office - West Windows 2 RN 07 ONE WAY MIRROR FILM REMOVE & REPLACE Section Total 6 $385.00 4 13 Vacant Office - Frosted Films - Door 1 LIGHT FINE ETCH 4 14 Vacant Office - Frosted Films - Sides 1 LIGHT FINE ETCH 4 15 Vacant Office - Frosted Films - Sides 1 LIGHT FINE ETCH 4 16 Vacant Office - Frosted Films - Sides 1 LIGHT FINE ETCH Section Total 4 $317.00 5 17 Tracy’s Office Frosted Films - Sides 1 LIGHT FINE ETCH 5 18 Tracy’s Office Frosted Films - Sides 1 LIGHT FINE ETCH 5 19 Tracy’s Office Frosted Films - Sides 1 LIGHT FINE ETCH 5 20 Tracy’s Office Frosted Films - Door 1 LIGHT FINE ETCH Section Total 4 $264.00 Panes Total 20 Subtotal $1,351.00 Order Total $1,351.00 Salesperson:GREGG MCKAY - 619-994-2882 Quote good until:10/23/2020 Payment Terms:Net 30 Days Standard general liability and worker's comp insurance included in the price. Customer responsible for cost of additional coverage if required. Creditcard payments will incur a 2% additional charge. No additional charge for cash/check payments. Guarantee: All materials and workmanship are guaranteed to be as specified and the work to be performed in accordance with this written proposal,completed in a workman like manner for the amount indicated. Any change(s) from these specifications requiring extra time, labor ormaterials will result in additional charges to the amount indicated above. You, the buyer, may cancel this transaction at any time prior tomidnight of the third business day after the date of this transaction. NU-VUE Window Films is not responsible for glass breakage due toimproper glass installation, existing glass damage or scoring from previous film installation. Acceptance of Proposal /Authorization to Work: The above prices, specifications, terms and conditions are satisfactory to me and are hereby accepted. My signature authorizes you to do the work. Date Customer Signature E-Sign Authorized Dealer Signature DocuSign Envelope ID: 95061D2E-30CC-4034-ADA4-4726CE09F188 11/6/2020 Mt. Diablo Insurance Brokers, Inc. 3557 Mt. Diablo Boulevard Suite 21 Lafayette CA 94549 Kathy Williams (925)297-4070 (925)297-4074 kathy@mtdiabloinsurance.com Nu-Vue Window Films, Inc. 2245 Enterprise Street Suite 120 & 130 Escondido CA 92029 Scottsdale Insurance Company 41297 Infinity Select Insurance Company 20260 Security National Insurance Company 19879 2020 A/L A X X X X CPS7249288 10/3/2020 10/3/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Deductible 0 B X 504610026051001 10/3/2020 10/3/2021 1,000,000 A X X X 0 XBS0129191 10/09/2020 10/03/2021 2,000,000 2,000,000 C SNP1306713 10/3/2020 10/3/2021 X 1,000,000 1,000,000 1,000,000 The certificate holder is recognized as additional insured, but only as respects liability arising fromnamed insured operations. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 support@exigis.com Robert Salvo/BECKY Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) POLICY NUMBER: CPS7249288 WORKERS COMPENSATIONAND EMPLOYERS LIABILITY INSURANCEPOLICY WC 0403 06 (Ed.04-84) WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our rightagainstthepersonororganizationnamedintheSchedule.{This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the workdescribedintheSchedule. The additional premium for this endorsement shall be 2% of the California workers'compensation premium otherwise due on suchremuneration. Person or Organization Any person or organization as required by written contract. Schedule Job Description This endorsementchanges the policy to which it is attached and is effectiveon the date issued unless otherwise stated.(The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/3/2020 Policy No.SNP1306713 Endorsement No.OInsuredNu-Vue Window Films Inc _..emium $8,391InsuranceCompanySecurityNationalInsuranceCompany·Countersignedby ..,,- - WC040306 (Ed.04-84)