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HomeMy WebLinkAboutNissho of California Inc; 2022-04-08; PWL22-1804FACPWL22-1804FAC Elmwood Lot Mowing -1 -City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ELMWOOD LOT MOWING This letter will serve as an agreement between Nissho of California, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to mow vacant lots, per Exhibit A and City specifications, for a sum not to exceed two thousand nine hundred twenty-nine dollars ($2,929). This work is to be completed within 60 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 DocuSign Envelope ID: E918FD9B-D90F-4EF9-A4D2-B149535431E5 PWL22-1804FAC Elmwood Lot Mowing -2 -City Attorney Approved 2/29/2016 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. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E918FD9B-D90F-4EF9-A4D2-B149535431E5 PWL22-1804FAC Elmwood Lot Mowing -3 -City Attorney Approved 2/29/2016 9.City Contact: Brian Bacardi, 442-339-2944 Contractor Contact: Tom Baird, 760-727-9719 CONTRACTOR Nissho of California, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1902 South Santa Fe Ave Vista, CA 92083 P: 760-727-9719 F: 760-727-8706 tbaird@nisshoca.com By: By: (sign here) Nobu Jimmy Kato, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name, title) By: Dated: (sign here) Cecelia Gleyo Dolleton, Secretary (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: E918FD9B-D90F-4EF9-A4D2-B149535431E5 4/8/2022 PWL22-1804FAC Elmwood Lot Mowing -4 -City Attorney Approved 2/29/2016 EXHIBIT A ELMWOOD LOT MOWING SCOPE OF WORK AND FEE DESCRIPTION PRICE Contractor to provide all materials, tools and labor necessary to mow and weed whip three vacant lots identified in Exhibit C. All work to be consistent with the contractor’s proposal dated March 29, 2022, and is attached to this agreement in Exhibit B. $2,929 TOTAL* $2,929 *Includes taxes, fees, expenses and all other costs. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E918FD9B-D90F-4EF9-A4D2-B149535431E5 PWL22-1804FAC Elmwood Lot Mowing -5 - EXHIBIT B CONTRACTOR'S PROPOSAL DocuSign Envelope ID: E918FD9B-D90F-4EF9-A4D2-B149535431E5 PWL22-1804FAC Elmwood Lot Mowing -6 - EXHIBIT C DIAGRAM OF AREA OF WORK DocuSign Envelope ID: E918FD9B-D90F-4EF9-A4D2-B149535431E5 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Starr Indemnity & Liability Company Peleus Insurance Company 5/28/2021 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92186 constructioncerts@marshmma.com Nissho of California, Inc. 1902 S. Santa Fe Avenue Vista, CA 92083 INSURED: POLICY #: POLICY PERIOD: TO 1000198575211 06/01/2022 Nissho of California, Inc. Nissho of California, Inc. 06/01/2021 06/01/2021 POLICY NUMBER: COMMERCIAL AUTO CA 20 01 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 LESSOR – ADDITIONAL INSURED AND LOSS PAYEE 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Insurance Company: Policy Number: Effective Date: Expiration Date: Named Insured: Address: Additional Insured (Lessor): Address: Designation Or Description Of "Leased Autos": ALL LESSORS WHERE REQUIRED BY WRITTEN CONTRACT 06/01/2021 06/01/2022 Nissho of California, Inc. Nissho of California, Inc. 1000198575211 1000198575211 Page 2 of 2 © Insurance Services Office, Inc., 2011 CA 20 01 10 13 Coverages Limit Of Insurance Covered Autos Liability $ Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. INSURED: POLICY #: POLICY PERIOD: TO Nissho of California, Inc. 1000198575211 06/01/2021 06/01/2022 INSURED: POLICY#: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 '!%#)$ ;<="!<<;<>?;<>  0   . 1 0-23425,3       0  1*  6 1* 0-23425,3 @    *   0 10><;>&,,                                     !"# !! $!%& "'  '()*+'!(' #*! $!%& "'      !"##!$!% # #&'$!% (!(#) )  )#!       ,   -  ./     signed prior to loss.          #       -     *  0   .  0.     (   1 * (+!!"#            23  , 23    *  0. /      ./   4. /  5 /4 4  /  4 0      0./ 4/    64            .   *                         4        , 41 7    ,*                  /    8   ./9 -*            - ./     0            . .   /  -  ./                  1 .*:                       0           ( ! !"#(/                    - ./     0   / .                ,* - ./      9 -* .      .  !          (   9    1         . !         (   1 INSURED: POLICY#:POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 INSURED: POLICY #: POLICY PERIOD: TO Nissho of California, Inc. 06/01/20211000025611211 06/01/2022 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611211 06/01/2021 06/01/2022 COMMERCIAL AUTO SICA-1016 (0919) SICA-1016 (0919)Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT Policy Number: Effective Date: Named Insured: This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM It is hereby agreed that of the Business Auto Coverage Form and Motor Carrier Coverage Form, and of the Auto Dealers Coverage Form are amended to include the following: (1)The coverage and/or limits of this policy, or (2)The coverage and/or limits required by such written contract or written agreement. All other terms and conditions of this Policy remain unchanged. Steve Blakey, President and Chief Executive Officer Nehemiah E. Ginsburg, General Counsel INSURED: POLICY#: POLICY PERIOD: TO:06/01/20211000198575211 Nissho of California, Inc. 06/01/2022 INSURED: POLICY#: POLICY PERIOD: TO: Nissho of California, Inc. 1000003246 06/01/2021 06/01/2022