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HomeMy WebLinkAboutVista Fence Company; 2022-05-02; PKRC22-0331Tracking #: HOSP GROVE PARK; PORTABLE RESTROOM ENCLOSURE: CONTRACT PKRC22-0331 -- 1 -- City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT HOSP GROVE PARK; PORTABLE RESTROOM ENCLOSURE: CONTRACT PKRC22-0331 This letter will serve as an agreement between Vista Fence Company, a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair fencing and siding March 28, 2022 and City specifications, for a sum not to exceed four thousand six hundred twenty-five dollars ($4,625). This work is to be completed within 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 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 Approved Surplus Line Insurers st 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: 70998D2B-6498-43A9-B1F9-F80A69A1003A "A:X"; , per the Contractor's proposal dated with a surplus line insurer on the State of California's List of (LASLI) with a rating in the latest Best's Key Rating Guide of at lea Tracking #: HOSP GROVE PARK; PORTABLE RESTROOM ENCLOSURE: CONTRACT PKRC22-0331 -- 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: Jaime Nino, 760-941-1629 Contractor Contact: Temujin Matsubara 442-339-2844 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California 1131 South Santa Fe Ave Vista, CA 92083 Phone: 760-941-1629 Email: info@vistafence.com By: By: (sign here) Jacob Griffiths, President Parks & Recreation Director (print name/title) By: Dated: (sign here) Shawn Hadid, 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: CELIA A. BREWER, City Attorney BY: _______________________________ Deputy City Attorney DocuSign Envelope ID: 70998D2B-6498-43A9-B1F9-F80A69A1003A HAMID HADIZADEH May 2, 2022 DocuSign Envelope ID: 70998D2B-6498-43A9-B1F9-F80A69A1003A Vista Fence Co. 1131 S. Santa Fe Ave Vista, CA 92083 US (760) 941-1629 THE SIGN OF EXCELLENCE • CSLB #519456 i nfo@vistafence.com www.vistafence.com Estimate ADDRESS Rodney Nishimoto City of Carlsbad -Parks 1635 Faraday Ave Carlsbad, CA 92008 United States SHIP TO Rodney Nishimoto City of Carlsbad -Parks 1635 Faraday Ave Carlsbad, CA 92008 United States ESTIMATE# 4027 DATE 03/28/2022 EXPIRATION 04/12/2022 DATE ESTIMATOR Jaime Nino ESTIMATED START 1-2 Weeks DESCRIPTION Supply and install 24 Linear Feet of 8 ft high Tan Everguard Keystone Vinyl Privacy Fence using 2-3/8" LG40 Galvanized Steel posts with 6" Welded Flange and anchored OR Core Drilled onto concrete, 5" Vinyl posts sleeved over steel posts using brackets, 1-1 /2"x5-1 /2" Rails (3 rails) and 1 x6" Board. Job bid prevailing wage. CUSTOMER IS REQUIRED FOR COMPLYING WITH SET-BACK, ZONING, HEIGHTS, REGULATIONS, PROPERTY LINES, AND PERMITS IF REQUIRED. All employees are covered by workers compensation insurance and liability insurance. Vista Fence Co. guarantees all workmanship for 1 year with the following exceptions : Wood warping, splitting, cracking and discoloration. All Final Payments are COD on the day of completion. 1-1 /2% interest will be added per month to any unpaid balance. Any attorney's fees incurred as a result of collections will be added to the cost of this contract. Prices are subject to change. Accepted By SUBTOTAL TAX TOTAL Accepted Date QTY 24 AMOUNT 4,625.00 Subtotal: 4,625.00 4,625.00 0.00 $4,625.00 DocuSign Envelope ID: 70998D2B-6498-43A9-B1F9-F80A69A1003A 3/31/2022, 12:10:58 PM D Parcel Boundary -Existing -+---I Railroad --Minor Site Address D Water Feature ---Private ArcGIS Web Map Dirt Road Alley Site Street Name --Major --Public Access --Address Range Labels 0 Sub-address 0 0 0 0 1:282 0 0.01 0.01 mi 0.01 km Web AppBuilder for ArcGIS 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 THISCERTIFICATE 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 OCCURRENCE DAMAGE 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 4/19/2022 RG Business Insurance Agency, Inc.CDS Insurance Services 2001 E. Financial Way, Suite 201 Glendora, CA 91741 626-214-7900 626-214-7969 Agency License #: 0555729 Sentinel Insurance Company Ltd 11000 AmGUARD Insurance Company 42390 A 1,000,00051 SBA AK4807 10/9/2021 10/9/2022 1,000,000 3 10,000 3 1,000,000 2,000,000 2,000,0003 B VIAU234797 10/29/2021 10/29/2022 1,000,000 3 3 3 A 51 SBA AK4807 10/9/2021 10/9/2022 2,000,00033 2,000,000 3 10,000 Roger Gutierrez Gerry Johnston gjohnston@rgbusinessinsurance.com Vista Fence Company Inc. 1131 S. Santa Fe Ave. Vista CA 92083 67763955 3 3 City of Carlsbad799 Pine Avenue, Suite 200 Carlsbad CA 92008 City of Carlsbad named Additional Insured as respects General Liability per attached. Auto Liability per attached. Project: Hosp Grove Portable Restroom Enclosure 67763955 | 21-22 GL/AUTO/UMB | Staff Certificates | 4/19/2022 1:04:50 PM (PDT) | Page 1 of 3 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I 51 SBA AK4807 67763955 | 21-22 GL/AUTO/UMB | Staff Certificates | 4/19/2022 1:04:50 PM (PDT) | Page 2 of 3 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 OrAanlzatlonfs): Locatlon(s) Of Covered Operations All persons or organization as required by written Locations where work Is performed by the contract with the named Insured named Insured on behalf of the additional Insured Information reouired to comolete 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 organlzation(s) shown In the Schedule, but only with respect to liability 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 insured(s) at the locatlon(s) designated above. B. With respect to the insurance afforded to these additional Insureds, the following additional 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 insured(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 of 1 □ COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured’s “autos.” Additional Insured When Required by Contract (1) Paragraph A.1. – WHO IS AN INSURED – of Section II – Liability Coverage is amended to add: d. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an “insured”, but only to the extent such person or organization is liable for “bodily injury” or “property damage” caused by the conduct of an “insured” under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered “auto.” The insurance afforded to any such additional insured applies only if the “bodily injury” or “property damage” occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or “suit” under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or “suit” to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured’s own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. – Duties In The Event Of Accident, Claim, Suit Or Loss – of SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. Vista Fence Company Inc. VIAU234797 67763955 | 21-22 GL/AUTO/UMB | Staff Certificates | 4/19/2022 1:04:50 PM (PDT) | Page 3 of 3 _____., VISTA-5 f"ID In· 11 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 04/19/2022 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 916-364-7380 ~R~i~cT Daniel Brock Sierra Oak Insurance Services WB,iEo, Ext): 916-364-7380 I ft~, No): 916-364-7381 Lie# 0C97528 9700 Business Park Dr. Ste 105 i&1dl~~ss: certs@emsurancespec1al1st.com Sacramento, CA 95827 INSURER(S) AFFORDING COVERAGE Daniel E. Brock NAIC# 1NsuRERA: Security National Insurance Co 19879 INSURED INSURERB: Vista Fence Company, Inc. 1131 S. Santa Fe Ave INSURERC: Vista, CA 92083 INSURER□: 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. 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 TYPE OF INSURANCE ADDL ~J POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD IMM/DDNYYYl IMMIDDNYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -□ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PRFMI""" IFa """' rrence\ $ -MED EXP (A,w one person) $ -PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY □ FSf2i □ LOC PRODUCTS -COMP/OP AGG $ $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -/r;;,., ,.,,..,...jrlAnt\ $ ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY (Per accident) $ -~/f16t ONLY -~8~ci~~~\:9 fte9~~~1~n~AMAGE $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION X I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N X TWC4031203 10/01/2021 10/01/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ PJf~~iFci~Ei~~'fi1 EXCLUDED? N/A 1,000,000 E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of subrogation in favor of City of Carlsbad CERTIFICATE HOLDER CANCELLATION CITYCA8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO 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 right against the person or organization named in the Schedule. (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 work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on 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 Insured Insurance Company WC 04 03 06 (Ed. 04-84) 10/1/2021 Policy No. TWC4031203 Vista Fence Company, Inc. Technology Insurance Company, Inc. Endorsement No. Premium$ 0 63,664 Countersigned by ___________________ _