HomeMy WebLinkAboutAnytime Sign Solutions Inc; 2024-08-01; PSA25-3485ENVPSA25-3485ENV
City Attorney Approved Version 5/22/2024
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AGREEMENT FOR RECYCLING BIN GRAPHICS SERVICES
ANYTIME SIGN SOLUTIONS, INC.
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2024, by and between the City of Carlsbad, California, a municipal corporation
("City") and Anytime Sign Solutions, Inc., a California corporation ("Contractor”).
RECITALS
City requires the services of a consultant that is experienced in digitally printed graphics
and installation for recycling bins. 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(s) from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
five thousand eight hundred and fifty dollars and forty-one cents ($5,850.41). 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.CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
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It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
5. 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.
6. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work
described herein caused by any willful misconduct or negligent act or omission 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.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
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.
7. 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
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insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements
to City prior to City’s execution of this Agreement.
8. 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 Avecita Jones Name Ernesto Perez
Title Senior Program Manager Title Project Manager
Department Public Works Address 1055 Bay Blvd. Suite H
City of Carlsbad Chula Vista, CA 91911
Address 1635 Faraday Avenue Phone No. 619-210-3244
Carlsbad, CA 92008 Email ernesto@anytimesigns.com
Phone No. 442-339-2542
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.
9. 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
10. 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.
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11. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
12. 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.
13. 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.
14. JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California. 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.
15. 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.
16. 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.
17. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
18. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
19. 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.
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Executed by Contractor this___________ day of _______________________, 2024.
CONTRACTOR
ANYTIME SIGN SOLUTIONS, INC.,
a California corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
By: By:
(sign here) Paz Gomez, Deputy City Manager, Public
Works, as authorized by City Manager
Ernesto M. Perez, President
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Gladys Varela de Perez, Secretary & CFO
Deputy 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: _____________________________
Assistant City Attorney
Docusign Envelope ID: B226D857-2254-4FFB-A392-1E4AD9F961A3
24 July
Anytime Sign Solution, Inc.
1055 BAY BLVD Suite H
CHULA VISTA, CA 91911 US
+16195911234
account@anytimesigns.com
anytimesigns.com
Estimate
ADDRESS
Itzel Gonzalez
City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
SHIP TO
Itzel Gonzalez
City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
ESTIMATE #2510
DATE 06/27/2024
ACTIVITY QTY RATE AMOUNT
11" x 17" Digitally printed Graphic for Recycling Bins & Landfill Bins. UV Gloss
Lamination. 4 sides per bin
95 42.50 4,037.50T
Installation at La Costa Canyon High School located at 1 Maverick Way,
Carlsbad, CA 92009
1 1,500.00 1,500.00
Thank you for your Business! You can view and pay your invoice
online.
Please sign accepted Estimate and email back to us for our records.
Thank you for your business.
SUBTOTAL 5,537.50
TAX 312.91
TOTAL $5,850.41
Accepted By Accepted Date
PSA25-3485ENV Exhibit "A"
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NOTICE WILL BE DELIVERED IN ACCC
ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
APARTMENTOWNERS LIABILITY COVERAGE FORM
CONDOMINIUM LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured
Person(s) Or Organization(s)
Location(s) Of Covered Operations
A.The following is added to Paragraph C. Who Is An Insured of the applicable Coverage Form:
Any person(s) or organization(s) shown in the Schedule is also an additional insured, but 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(s) at the location(s) designated above.
However:
a.The insurance afforded to such additional insured only applies to the extent permitted by law; and
b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded
to such additional insured will not be broader than that which you are required by the contract or agreement
to provide for such additional insured.
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.
C.With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability
And Medical Expenses Limits Of Insurance of the applicable Coverage Form:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1.Required by the contract or agreement; or
2.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.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
J7239-ED1 02-19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1
937239 J7239101
POLICY NUMBER:J7239
1st Edition
This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the
terms of the policy.
The City of Carlsbad
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~' FARMERS
INSURANCE
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_____% of the California workers’ compensation premium otherwise due
on such remuneration, subject to a minimum charge of_____.
Schedule
Job Description
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 Policy No.Endorsement No.
Insured Insurance Company
Countersigned By
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 30
(Ed. 6-20)
WC 99 06 30
(Ed. 6-20)
Includes copyright material of the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.
Person or Organization
A09484899
Mid Century Insurance Company
The City of Carlsbad
07/30/2024
Anytime Signs Solutions, Inc
Docusign Envelope ID: B226D857-2254-4FFB-A392-1E4AD9F961A3