Loading...
HomeMy WebLinkAboutArtefact Design; 2023-07-17;City Attorney Approved Version 4/24/2023 AGREEMENT FOR PUBLIC ADVISORY SIGN DESIGN AND FABRICATION SERVICES ARTEFACT DESIGN THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 20___, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Artefact Design, a sole proprietor, ("Contractor”). RECITALS City requires the professional services of a graphic design company that is experienced in public advisory sign design and fabrication. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be eleven thousand eight hundred forty dollars ($11,840). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E 23July 17th City Attorney Approved Version 4/24/2023 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Mick Calarco Name Tanya Bredehoft Title Recreation Services Manager Title Owner Department Parks & Recreation Address PO Box 102 City of Carlsbad Cardiff, CA 92007 Address 799 Pine Ave., Suite 200 Phone No. 760-944-3502 Carlsbad, CA 92008 Email tanya@artefactid.com Phone No. 442-339-2859 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number Tanya Bredehoft tanya@artefactid.com 760-944-3502 DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E City Attorney Approved Version 4/24/2023 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E City Attorney Approved Version 4/24/2023 /// 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kyle Lancaster, Parks & Recreation Director Tanya Bredehoft, Owner (print name/title) ATTEST: By: N/A - Single Signer (sign here) SHERRY FREISINGER City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer 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: CINDIE K. McMAHON, City Attorney By: Deputy / Assistant City Attorney DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E ARTEFACT DESIGN • Page 1 ARTEFACT DESIGN PO Box 102 Cardiff, CA 92007 T: 760 944-3502 ARTEFACTID.COM Sign Panel Design, Fabrication and Installation Design team and client will determine final design, count and location of new sign panels. Six (6) ~18”H x 22”W “uneven stairs” double-sided Twelve (12) ~12”H x 18”W ADA “accessible route” single-sided Design Development: 30, 60, 90, 100% $6,200.00 • Client communications / site meetings • Graphic design of signs, content refinement, material selection, locations • Reviews, edits, approvals (up to 2 cycles) Deliverable: 30% and 60% progress documents • Final determination of sign type locations, count, size, content, materials • Reviews, edits, approvals (up to 2 cycles) Deliverable: 90% and 100% progress documents • Reviews, edits, final approvals (up to 2 cycles) • Prepare digital production files Deliverable: Final production files to vendor Fabrication and delivery $5,640.00 •Vendor communications / coordination •Panel fabrication, materials, hardware Deliverable: Fabrication, shipping, delivery of panels, and assembly Grand Total: $11,840.00 Sign Panels, hardware, materials: - L+L Printing, Carlsbad - www.adasigndepot.com/products/wheelchair-symbol-accessible-ada-guide-signs - Mcmaster-Carr, Home Depot 27 June 2023 City of Carlsbad Parks and Recreation Department Leo Carrillo Ranch Historic Park – Uneven Stairs + ADA Signage Replacement Proposal This proposal, from Tanya Bredehoft of Artefact Design (design team) to Mick Calarco of City of Carlsbad, Parks and Recreation Department (client), outlines the process for update and replacement of six (6) existing exterior “uneven stairs” double-sided signs and up to twelve (12) ADA compliant “accessible route” single-sided signs. The proposal outlines costs for new bases, panel design, production and project coordination. Costs are separated for client purchase and design team services. Date Client Project Reference Scope of Work Deliverable Phase I 4–7 weeks Phase II 2–3 weeks Vendor Sources DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E ·ARTE FAC:T, WLTR001 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 April 13, 2023 ARTEFACT DESIGN PO BOX 102 CARDIFF BY TH CA 92007 Policy Information: Policy Number:83 SBA JZ3874 Contact Us Visit https://business.thehartford.com 24/7 access to pay bills, view policy documents, get your certificate of insurance and more. Need Help?Chat online or call us at (866) 467- 8730. We're here Monday - Friday. You can find information about your policy enclosed. You can also find this info online at https://business.thehartford.com. If you have any questions or concerns about what you see, contact us at any of the options listed on this page. Thanks for choosing us for your business insurance needs. Sincerely, The Hartford DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E THE1 HARTFORD □ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/13/2023 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 be endorsed. If SUBROGATIONIS 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 INSURANCE NOODLE LLC/PHS 83551718 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ARTEFACT DESIGN PO BOX 102 CARDIFF BY THE SEA CA 92007-0102 INSURER A : Sentinel Insurance Company Ltd.11000 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X 83 SBA JZ3874 05/12/2023 05/12/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 83 SBA JZ3874 05/12/2023 05/12/2024 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A DATA BREACH - RESPONSE EXPENSE COVG 83 SBA JZ3874 05/12/2023 05/12/2024 Limit $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION The City of Carlsbad, its officers, employees, volunteers and agents 799 PINE AVE STE 200 CARLSBAD CA 92008-2428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E A, O RY I -~ □ - ~ □ □ ~ ~ - L--1--- L--1--- -7 I I I I l [ 83 SBA JZ3874 ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF CARLSBAD 799 PINE AVE CARLSBAD, CA 92008 LOC 002 BLDG 001 THE CITY OF CARLSBAD 799 PINE AVENUE SUITE #200 CARLSBAD, CA 92009 LOC 002 BLDG 001 THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 799 PINE AVE, STE. 200 CARLSBAD, CA 92009 002001 02/22/2305/12/24 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form IH 12 00 11 85 T SEQ. NO. Printed in U.S.A. Page Process Date:Expiration Date: DocuSign Envelope ID: 6DE62C44-6D3A-4AA6-A1E5-904559FCD41E ?