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HomeMy WebLinkAboutSan Diego Stage and Lighting Supply Inc; 2020-10-14; PWLCA-1916Tracking #:PW-LCA-1916 [SD Stage & Lighting: CONTRACT NNNN] -- 1 -- City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT San Diego Stage and Lighting Supply, Inc. This letter will serve as an agreement between San Diego Stage & Lighting Supply, Inc., a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace stage lamps in the City of Carlsbad Schulman Auditorium 1775 Dove Lane, Carlsbad, CA, per the Contractor’s proposal dated August 18, 2020 and City specifications, for a sum not to exceed one thousand six hundred fifty-four dollars ($1,654). This work is to be completed within seven 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: 4E665518-72B0-4587-A7D4-E873CDA37757Debbie Jo McCool Jessica Padilla BowenDebbie Jo McCool Suzanne Smithson Ed Garbo Tracking #:PW-LCA-1916 [SD Stage & Lighting: CONTRACT NNNN] -- 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: Jessica Padilla Bowen, 760-602-2024 Contractor Contact: Denise DeMent, 619-299-2300 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California San Diego Stage & Lighting Supply, Inc. CA License # 822754 2203 Verus St. San Diego, CA 92154 619-299-2300 denise@sdstagelighting.com By: By: (sign here) Denise DeMent, President SUZANNE SMITHSON, Library & Cultural Arts Director as authorized by the City Manager (print name/title) By: Dated: (sign here) Valerie Clemons, Secretary/Treasurer (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: For CELIA A. BREWER, City Attorney BY: _______________________________ Deputy City Attorney DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 Audra Mahoney 10/14/2020 Audra Mahoney _______________________________ Barbara Engleson, City Clerk JOB CONTRACTSan Diego Stage & Lighting Supply, Inc. 2203 Verus Street San Diego, CA 92154 Ph: (619) 299-2300 Invoice to:Delivery Address:Job # 239744 CARLSBAD CITY LIBRARY 1775 DOVE LANE, CARLSBAD, CA 92011 Contact: BONNIE CRANE Phone: 7606022023 Fax: 7604349975 Email: Bonnie.Crane@carlsbadca.gov CARLSBAD CITY LIBRARY 1775 DOVE LANE, CARLSBAD CA 92011 Room: Contact: BONNIE CRANE Phone: Cell: Email: Bonnie.Crane@carlsbadca.gov Order Status: Quote Only Order Date: 08/18/2020 Sales Person: Denise DeMent Email: denise@sdstagelighting.com PO # Payment Type: COD 8/18/2020, - , - , - , - 8/18/2020, - Job Modified: Sep 18 2020 8:01AM JOB DESCRIPTION: CARLSBAD CITY LIBRARY Quantity Description Duration Price Subtotal 2 BTL 500w 120v LAMP 1 Sale $19.95 $39.90 Note: MUST BUY 10 TO GET PRICE 7 HPL 575w 115Xv LAMP 1 Sale $18.50 $129.50 Total $169.40 LABORLABORLABORLABOR Date Start End QTY Personnel/Task Duration Unit Price Subtotal Aug 18 20Aug 18 20Aug 18 20Aug 18 20 2 Installer Prevailing Wage/Set 4 Hour(s)$125.00 $1,000.00 Total LABOR $1,000.00 Delivery/MiscDelivery/MiscDelivery/MiscDelivery/Misc Quantity Description Price Subtotal 1 Drive time $300.00 $300.00 1 scaffolfd $175.00 $175.00 Total Delivery/Misc $475.00 (invoice totals on page 2) Page 1 of 2 Printed 9/18/2020 8:01 AM DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 Product Total:$169.40 Labor:$1,000.00 Delivery/Misc:$475.00 Subtotal:$1,644.40 San Diego 7.75% 0%:$0.00 Total Tax:$10.04 Job Total:$1,654.44 Payment Applied:$0.00 Total Due:$1,654.44Notes: Job will Be done at time and materials plus travel time. Here is an estimate for the services with a minimum 4hr charge for each tech. Page 2 of 2 Printed 9/18/2020 8:01 AM DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 © Insurance Services Office, Inc., 2016 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Condition in the Business Auto Coverage Formandthe in the Motor CarrierCoverageFormandsupersedesanyprovisiontothe contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seekcontributionfromanyotherinsuranceavailabletoan "insured"under your policy provided that: Such "insured"is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would beprimaryandwouldnotseekcontributionfromanyotherinsuranceavailabletosuch"insured". The following is added to the Condition in the Auto Dealers Coverage Form andsupersedes any provision to the contrary:This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages areprimarytoandwillnotseekcontributionfromanyotherinsuranceavailabletoan"insured"underyour policy provided that: Such "insured"is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 Page 1 of 1 COMMERCIAL AUTOCA 04 49 11 16 A.Other Insurance Other Insurance -Primary And ExcessInsuranceProvisions 1. 2. B.Other Insurance 1. 2. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: Transaction Effective Date:9828309 06-30-2020 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A.WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture,for which you have agreed by written contract to procure bodily injury or property damage "auto"liability insurance arising out of operation of a covered "auto" with your permission.However, this additional insurance does not apply to: (1)The owner or anyone else from whom you hire or borrow a covered "auto".This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2)Your "employee"if the covered "auto"is owned by that "employee"or a member of his or her household. (3)Someone using a covered "auto"while he or she is working in a business of selling,servicing, repairing, parking or storing "autos" unless that business is yours. (4)Anyone other than your "employees",partners (if you are a partnership),members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while moving property to or from a covered "auto". (5)A partner (if you are a partnership),or a member (if you are a limited liability company)for a covered "auto" owned by him or her or a member of his or her household. B.The coverage extended to any additional insured by this endorsement is limited to,and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition,coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C.The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D.Additional exclusions.The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1.To "loss" which occurs prior to the date of your contract with such person or organization; 2.To "loss"arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3.To "loss"for any leased or rented "auto"when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: Transaction Effective Date:9828309 06-30-2020 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations,we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization,its subsidiaries,directors,agents or employees,for which you have agreed by written contract,prior to the occurrence of any loss,to waive such rights,except when the payment results from the sole negligence of that person or organization,its subsidiaries,directors,agents or employees. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9828309 06-30-2020 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Condition and supersedes any provision to thecontrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: The additional insured is a Named Insured under such other insurance; and You have agreed in writing in a contractoragreementthatthisinsurancewouldbeprimaryandwouldnotseekcontribution from any other insurance available to the additional insured. Page 1 of 1 CG 20 01 04 13 COMMERCIAL GENERAL LIABILITYCG 20 01 04 13 Other Insurance Primary And Noncontributory Insurance (1) (2) PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9828309 06-30-2020 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However,the insurance afforded to such additional insured: Only applies to the extent permitted by law;and Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render, any professional architectural,engineering or surveying services, including: The preparing,approving,or failing to prepare or approve, maps, shop drawings, opinions,reports,surveys,field orders, change orders or drawings and specifications; or Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Page 1 of 2 CG 20 33 04 13 COMMERCIAL GENERAL LIABILITYCG 20 33 04 13 A.Section II -Who Is An Insured 1. 2. 1. 2. B. 1. a. b. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHENREQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9828309 06-30-2020 "Bodily injury"or "property damage"occurring after: All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or That portion of "your work"out of whichtheinjuryordamageariseshasbeenputtoitsintendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprincipalasapartofthesame project. With respect to the insurance afforded to theseadditionalinsureds,the following is added to The most we will pay on behalf of the additional insured is the amount of insurance: Required by the contract or agreement you have entered into with the additional insured; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 CG 20 33 04 13 2. a. b. C. Section III - Limits Of Insurance: 1. 2. DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG-F-81 (04-13)Policy Number: Transaction Effective Date: 9828309 06-30-2020 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph of We waive any right of recovery we may have against any person or organization because of payments we make forinjuryordamagearisingoutofyourongoingoperationsor "your work"done under a contract with that person ororganizationandincludedinthe"products-completed operations hazard",except when the payments result from the sole negligence of that person or organization.We waive this right only when you are required to do so by written contract or agreement with that person or organization,executed by you prior to the occurrence of any loss. FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 8.Transfer Of Rights Of Recovery Against Others To Us Section IV -Conditions: BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 09/11/2020 Primary Source Insurance Agency Inc 121 E Park Square Owatonna MN 55060 Koreen Borwege (800) 760-2809 (877) 446-4631 KMBorwege@fedins.com San Diego Stage & Lighting Supply Inc 2203 Verus St San Diego CA 92154 Ohio Security Insurance Company 24082 20-21 WC A Y XWS59822360 06/30/2020 06/30/2021 1,000,000 1,000,000 1,000,000 BLANKET WAIVER OF SUBROGATION APPLIES TO THE WORK COMP POLICY LIBRARY & CULTURAL ARTS CITY OF CARLSBAD 1775 DOVE LANE CARLSBAD CA 92011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757 DocuSign Envelope ID: 4E665518-72B0-4587-A7D4-E873CDA37757