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HomeMy WebLinkAboutGreenfield Fence Inc; 2025-10-31; PWM26-3951TRANPWM26-3951TRAN CALLE BARCELONA BRIDGE COVER CONT. NO. 95991 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CALLE BARCELONA BRIDGE COVER; CONT. NO. 95991 This contract is made on the ______________ day of _________________________, 2025 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Greenfield Fence Inc., a California corporation whose principal place of business is 4051 Oceanside Bl., Oceanside, CA, 92056 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Rogelio Romero (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, installation, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. 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 Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 October31st PWM26-3951TRAN CALLE BARCELONA BRIDGE COVER CONT. NO. 95991 Page 2 City Attorney Approved 6/5/24 certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. 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. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. 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. 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. Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 PWM26-3951TRAN CALLE BARCELONA BRIDGE COVER CONT. NO. 95991 Page 4 City Attorney Approved 6/5/24 The 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. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. 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. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after commencing work. CONTRACTOR’S INFORMATION. Greenfield Fence Inc. 4051 Oceanside Bl. (name of Contractor) 568973 (street address) Oceanside, CA, 92056 (Contractor’s license number) C-13 - 3/31/2027 (city/state/zip) 760-724-8131 (license class. and exp. date) 1000002047 - 6/30/2026 (telephone no.) kelly@greenfieldfenceinc.com (DIR registration number and exp. date) (e-mail address) Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 PWM26-3951TRAN CALLE BARCELONA BRIDGE COVER CONT. NO. 95991 Page 7 City Attorney Approved 6/5/24 EXHIBIT B CALLE BARCELONA BRIDGE COVER Contractor shall furnish and install 1” mesh black vinyl chain link fence to cover the top of the currently open bridge walk walkway from end to end (approximately 110 ft by 9 ft) and install 1” mesh black vinyl chain link fence on top of the existing bridge lookouts (approximately 64 ft by 4 ft), located on Calle Barcelona, in Carlsbad. Before any work starts the contractor shall apply for a right of way permit and submit a Traffic Control Plan. The Contractor shall maintain a safe and clean work site and shall clean from debris all areas at the end of each day of work, before leaving the jobsite. All subcontractors must be added to the contract in exhibit A prior to the execution of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, latest edition, the 2024 Standard Specifications for Public Works Construction (Greenbook), 2018 Caltrans Standard plans and Caltrans Specifications and California Manual on Uniform Traffic Control Devices. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS Calle Barcelona Bridge Cover/Top of Bridge $49,876 2 LS Calle Barcelona Bridge Lookout Chain-link Panels $19,975 TOTAL* $69,851 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 10/06/2025 Brown & Brown Retail Insurance Services P.O. Box 743182 Los Angeles CA 90074-3182 Liz Martin (714) 221-1800 (714) 221-4196 Liz.Martin@bbrown.com Greenfield Fence, Inc. 4051 Oceanside Blvd. Oceanside CA 92056 National Union Fire Insurance Company of Pittsburgh, Pa.19445 The Burlington Insurance Company 23620 AIU Insurance Company 19399 Underwriters at Lloyd’s 25/26 Master A Y Y 3296798 06/01/2025 06/01/2026 2,000,000 300,000 25,000 2,000,000 4,000,000 4,000,000 A Y Y 2507718 06/01/2025 06/01/2026 2,000,000 B 852BE0598103 06/01/2025 06/01/2026 4,000,000 4,000,000 C Y Y 048240129 06/01/2025 06/01/2026 2,000,000 2,000,000 2,000,000 D Pollution Liability CPL00908001 01/03/2025 01/03/2026 Per Occurrence:$2,000,000 Aggregate:$2,000,000 Deductible:$5,000 The City of Carlsbad is named as Additional Insured as respects to General & Auto Liability in regards to the operations of the Named Insured per endts CG 2010 (12/19), CG 2037 (12/19) and 87950 (10/05). General & Auto Liability Primary & Non-Contributory Wording applies per endts CG 2001 (12/19) and74445 (10/99). General Liability, Auto Liability and Workers Compensation Waivers of Subrogation apply per endts CG 2404 (12/19), 62897 (06/95) and WC 040361 (11/90). Per project aggregate applies per endt 86681 (09/04) and WRAP exclusion per endt 83641 (11/03). City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 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 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. $ $ $ $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 OCCURRENCEDAMAGE 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 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 5 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 06/01/2025 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 06/01/2025 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 06/01/2025 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 86681 (9/04) Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please selectonly one of the following: $ $ [ ] Per Project General Aggregate Limit [ ] Per Location General Aggregate Limit [X]Per Project and Per Location General Aggregate Limit $2,000,000 IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the numberof: a. Insureds;b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C;b. Damages under Coverage A, except damages because of "bodily injury" or "propertydamage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under CoverageA for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay underCoverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we willpay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C ENDORSEMENT This endorsement, effective 12:01 A.M. 06/01/2025 issued to by forms a part of Policy No.329-67-98 GREENFIELD FENCE INC NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 86681 (9/04) Page 2 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will payunder Coverage A because of "property damage" to any one premises, while rented to you, orin the case of damage by fire, while rented to you or temporarily occupied by you withpermission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we willpay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we willpay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A;b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced bythe Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Limit Products-Completed Operations Aggregate Limit Personal & Advertising Injury Limit Limits of Insurance $ $ $ $ 10,000,0001,000,000 2,000,000 1,000,000 Damage to Premises Rented to You $ 300,000Medical Expense Limit $ Per Project General Aggregate Limit, Per Location $ 25,000 2,000,000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23."Location" means premises involving the same or connecting lots, or premises whoseconnection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8 06/01/2025 Docusign Envelope ID: 046CFDF4-2551-4EDD-9CA9-538F455ED7C8