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Home My WebLink AboutVista Fence Company Inc; 2018-09-27; PWL19-489UTILCARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT PWL 19-489UTIL FENCE REPLACEMENT AT PAJAMA DRIVE PROPERTY IN OCEANSIDE This letter will serve as an agreement between VISTA FENCE COMPANY, INC., a California corporation (Contractor) and the CARLSBAD MUNICIPAL WATER DISTRICT (District). The Contractor will provide all equipment, material and labor necessary to replace the fence around the propety at 216 Pajama Drive Oceanside, CA, per the Contractor's proposal dated July 10, 2018 and City specifications, for a c;um not to exceed three thousand seven hundred sixty-one dollars ($3,761). This work is to be completed w1th1r fourteen (14) 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 mdemriify and t C' j harmless the City of Carlsbad and the District, and their 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 worr<: 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 District: 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 co ,1ered by this Contract, unless the loss or damage was caused solely by the active negligence of the D1st1 ,ct. The expenses of defense include all costs and expenses, including attorney's fees for lit1gat1on arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance ar.d & 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 Risi< Mana;er or the Executive Manager. Said policies shall name the City of Carlsbad and the District as an addrtior.al insured. The full limits available to the named insured shall also be available and applicable to tre Cify and the District 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 die State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Bests 1-(ey 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 im,u, anc~ shall or~ given by filing certificates of insurance with contracting department prior to the signing of ti ,e comra ·.t by the District. 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 :nclude but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors ana consultants that are included in this Contract. 5. The Contractor may be s ject to civil penalties for the filing of false claims as set fo11h m die Ca!ifor ,ra False Claims Act, o ent Code sections 12650, et seq., and Carlsbad Municipal Code Secrnns 3.32.025, et seq. -·-1'----init ____ init 6. The Contractor hereby acknowledges that debarment by another jurisdictift_fa)Junds fo: the C··y cf Carlsbad to disqualify the Contractor from participating in contract bidding.~--_ · ______ ,nit Fence Replacement at Pajama Drive Property in Oceanside -1 -General Counsel App•oved 2/29120'<6 PWL 19-489UTIL 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resoiut,on of any disputes between the parties arising out of this agreement is San Diego County, Cali ornia 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 ~770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code .., current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall net pay less than the said specified prevailing rates of wages to all workers employed by him or her in tr ~ 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 acrurnte 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: Eric Sanders 760-438-2722 x7151 Contractor Contact: Jaime Nino 760-941-1629 CONTRACTOR VISTA FENCE COMPANY, INC., a California corporation 1131 S. Santa Fe Vista, CA 92083 P: 760-941-1629 F: 760-941-1690 jaime@vistafence.com By: (sign here) By: (sign here CARLSBAD MUNICIPAL WATER DISTRICT Terry ith, Interim General Manager as authorized by the Executive Manager Dated: ~le @)yj ~-H-~ f'Mi~ ~ '5-0 (printm~ If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant tr~c1surer must sign for corporations. Otherwise, the corporation must attach a resolution certified by tne secre•ary or assistant secretary under corporate seal empowering the officer(s) signing to bind ,he l:0roo:a·ion) APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: Deputy General Counsel Fence Replacement at Pajama Drive Property in Oceanside - 2 -General Counsel App'cved:;: .?S 201il i) • VISTA FENCE COMPANY INC. No. 6 2 6 2 o 1131 S. Santa Fe, Vista, CA 92083 01aA1ert• Contractors Licence# 519456 • Phone 760-941-1629 • Fax 760-941 .. 1690 • Email info@vistafence.com ,j()8 AIXlM.IS al.ING ADDRESS ALUMINUM/ IRON EMAIL APPAOX. DAYS \ TOF11Bf COLOR STYLE CJ PRE GALVANIZED 0 WE1..DED O BRACKETED 0 BIASABLE PANELS 0 FIX BIAS PANELS CHAINUNK OUTSIDE ~BARB UP 0 INSIDE Cl BARSON WOOOFENCE CJ BOARDS OUTSIDE 0 BOARDS INSIOE a GOODNEIGHBOA a DOGEAR 0 CAP&TRIM Q PICTURE FMME 0 TREATED WOOD V.F. ·CUST. Gauge, F~. · Color ~IA\-.• GAW tl GBW O DOG TIGHT Cl Q ~~~~ T«minal ~Gate Post ___ Line Post \1 f9}~"\t> Top Raill&laeillg \ ~fl;' 9.-\0 Q JACK HAMMER TRIM TREES Sait>-Wlnl __ Razor Wire --Spacing~_.__.-Post in Concrete ~.. a HAMMER DRILL .... c_LEAA __ u_N_E_--i--+--- Q POST DRIVER REMOVE FENCE WoodNlnylPost Rall Board Q WELDER HAUL FENCE Cap/Trim Spacing Post in Concrvte a GENERATOR lif NOTIFY DIG ALERT Q LADDER 0 PROP/ LINE STAKE BY CUST. MetaWmyt Poat Rall Picket Q WATER Gate Poat Q ROUTER/JIG Deposit Payment Progress Payment Final Payment CUSTOMER IS REQUIRED FOR COMPLYING WITH SET-BACK, ZONING, HEIGHTS REGULATIONS, PROPERTY LINE LOCATIONS, INCLUDING PERMIT IF REQUIRED. All employees are covered by worker's compensation Insurance and liability Insurance. Vista Fence Co. Guarantees all fence workmanship for one (1) year with the following exceptions: electric gate operators, accessories, ornamental iron fence coatings and wood for warping, shrinking, cracking and discoloration. Vista Fence Co. Is not responslbfe for damage to underground wateriines including sprinkler systems or utilities. AH final payments are C.O.D. On day of completion. 1-1/2% interest will be added per month to unpaid balance. Any attomey's fees incurred as a result of collections will be added to the cost of this oontract. This bid is based on Vista Fence's current insurance policy. Prices are subject to change. • ___ _.Please Initial. ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 9/10/2018 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 RG Business Insurance Agency, Inc. CONTACT Tech NAME: CDS Insurance Services PHONE 626-214-7906 I FAX 626-214-7969 2001 E. Financial Way, Suite 201 'Air I.I ... C-1,\. IA/C Nol: E-MAIL mlorette@rabusinessinsurance.com Glendora, CA 91741 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Agency License #: 0555729 INSURER A: Foremost Siqnature Insurance Company 11800 INSURED INSURER B: Vista Fence Company Inc. INSURERC: 1131 S. Santa Fe Ave. Vista CA 92083 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 44096536 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,,m ... ,~ POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A L COMMERCIAL GENERAL LIABILITY I PPS38944899 10/9/2017 10/9/2018 EACH OCCURRENCE $1 000 000 ~ CLAIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence\ $1,000,000 ~ MED EXP (Any one person) $10 000 ~ PERSONAL & ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ DPRO-DLOC $2 000 000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY PPS38944899 10/9/2017 10/9/2018 COMBINED SINGLE LIMIT $1,000,000 /Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE _L AUTOS ONLY __L AUTOS ONLY /Per accidentl $ $ A _L UMBRELLA LIAB H OCCUR PPS38944899 10/9/2017 10/9/2018 EACH OCCURRENCE $1 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1000000 I OED I I I RETENTION$0 $ WORKERS COMPENSATION I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is named as Additional Insured under the General Liability per the attached. Project: All Operations CERTIFICATE HOLDER CANCELLATION Project: All Operations City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE ~~ I Roger Gutierrez © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 44096536 I 17-18 GL/AUTO/UMB I Gerry Johnston I 9/10/2018 11:59:51 AM (PDT) I Page 1 of 3 AGENCY CUSTOMER ID: --------------------LO C #: -------- ADDITIONAL REMARKS SCHEDULE AGENCY RG Business Insurance Agency, Inc. POLICY NUMBER CARRIER I NAIC CODE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services ADDRESS: P.O. Box 4668 -ECM #35050 New York NY 10163-4668 NAMED INSURED Vista Fence Company Inc. 1131 S. Santa Fe Ave. Vista CA 92083 EFFECTIVE DATE: ***THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED.*** Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 44096536 I 17-18 GL/AUTO/UMB Gerry Johnston I 9/10/2018 11:59:51 AM (PDT) I Page 2 of 3 PPS38944899 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): Locatlonfs) Of Covered Operations All persons or organization as required by written Locations where work Is perfonned by the contract with the named Insured named Insured on behalf of the additional Insured Information reaulred to complete this Schedule, If not shown above. will be shown In the Declarations. A. Section II -Who Is An Insured Is amended to Include as an additional Insured the person(s) or organlzaUOn(s) shown In the Schedule, but only with respect to llablllty for "bodily Injury", "property damage• or "personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional lnsured(s) at the locallon(s) designated above. B. With respect to the Insurance afforded to these additional Insureds, the following addltlonal exclusions apply: This Insurance does not apply to "bodily Injury" or "property damage• occurring after: 1. 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 lnsured(s) at the location of the covered operations has been completed; or 2. That portion of •your work" out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties. Inc., 2004 Page 1 of1 44096S36 I 17-18 GL/AUTO/UMB I Gerry Johnston I 9/10/2018 11:59:51 AM {PDT) I Page 3 of 3 a VISTA-5 nP In· J1 .AC::C::,R c,~ CERTIFICATE OF LIABILITY INSURANCE I DA TI, (MM/DD/YYVYJ '------09/07/2018 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 916-364-7380 ~~CT Adriana Hernandez Sierra Oak Insurance Services PHONE . 916-364-7380 l ~. No): 916-364-7381 Lie# OC97528 (A/C, No, Ext). 9700 Business Park Dr. Ste 105 li~~ss: certS(g!insurancespecIalIst.com Sacramento, CA 95827 Danlel E. Brock INSURE'"'S' AFFORDING COVERAGE NAICI 1111suRER A: Oak River Insurance Company 34630 INSURED Vista Fence Company, Inc. INSURERS: California Automobile Ins. Co. 38342 1131 S. Santa Fe Ave INSURERC: Vista, CA 92083 INSURERD: 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. NOlWITHSTANDING 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. INSR TYPE OF INSURANCE ADDL SUB~ POLICY NUMBER ~~~ POLICY EXP LIMITS LTR INSD Wl/0 COMMERCIAL GENERAL LIABILITY EACH OCCURREl'K:E s -D CLAIMS-MADE D OCCUR R~~~:r<?~R_ENTED s ....._ MED EXP IArw one nACSonl $ PERSON.AL & Af)V INJURY s -AL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s POLICY D ~~8-r D LOC PRODUCTS -COMP/OP AGG $ OTHER $ B AUTOMOBILE LIABILITY f-- ~C?_~~~f'!~-~-~INGLE LIMIT s 1,000,000 X ANY AIJTO BA040000018550 10/29/2017 10/29/2018 BODILY INJURY IPer nersonl $ f--OWNED -SCHEDULED AIJTOS ONLY AIJTOS BODIL y INJURY I Per acc,dentl s -- ~ONLY -~i~J~ f i!'e9~~~~~n?iAA1AGE s $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ $ A WORKERS COMPENSATION X I ~f~TI = I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X /VIWCB04014 10/01/2017 10/01/2018 1,000,000 ANY PROPRIETORIPARTNERJEXECUTIVE D E L EACH ACCIDENT s iFICER/Mf't~ EXCLUDED? N/A andlllory n ) EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes. descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S 1,000,000 J&i?'l!1W~ 8'ai-rs"S%1 ~s~iflfu1!ffr';E66f3.fsi~l!tea0~8~!f~~~1bray bo attached If mo .. 1paco 11 required) subrogation applies to work comp. CERTIFICATE HOLDER CANCELLATION CITYCAO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE P.O. Box 4668 • ECM #35050 Ll.,.~J,, 1New York NY 10163 ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD