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HomeMy WebLinkAboutBarkshire Laser Leveling Inc; 2018-08-14; PKRC671Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SPORTSFIELD RENOVATIONS AT ALGA NORTE COMMUNITY PARK; PKRC671 This letter will serve as an agreement between Barkshire Laser Leveling, Inc., a California Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to renovate field 1 at Alga Norte Community Park, per the Contractor's proposal dated July 23, 2018 and City specifications, for a sum not to exceed one thousand seven hundred dollars ($1,700.00). This work is to be completed within 75 calendar 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 Refonn and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying tlie eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be ~eel to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gove ent Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. init b-init 7 6. The Contractor hereby acknowledges that debarment by another jurisdiction is ~unds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. _f{l-. init h = 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. SPORTSFIELD RENOVATIONS AT ALGA NORTE COMMUNITY PARK; PKRC671 --1 -City Attorney Approved 2/29/2016 Tracking#: 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: Tim Selke 760-434-2857 Contractor Contact: Bill Barkshire 949-240-8779 CONTRACTOR P.O. Box 986 San Juan Capistrano, CA 92693-0986 (949)240-8779 Phone (949)240-8769 Fax info@barkshireleveling.com By: (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ CHRiHAzmiNE Parks & Recreation Director By: Dated: ~~lfM--~--1~_-1_6 ___ _ 'JJ-e!-/-5J 11 /v(r; lfo~ (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 SPORTSFIELD RENOVATIONS AT ALGA NORTE COMMUNITY PARK; PKRC671 --2 --City Attorney Approved 2/29/2016 ESTIMATE PO Box 986 San Juan Capistrano, CA 92693-0986 (949)240-8779 DATE 7/23/2018 ESTIMATE ... 2712 (949)240-8769 fax NAME/ADDRESS City of Carlsbad ATTN: Tim Selke 1635 Faraday Avenue Carlsbad, CA 92008-7314 DESCRIPTION Sportsfield Renovations Prepare by ripping and laser level skinned infield on the larger all dirt infield at Alga Norte Park for the City of Carlsbad. A recommendation of 50 ton of Angels Mix from Corona Clay co. be brought in to assist with the leveling process. This estimate does not indude material costs. All base pegs and irrigation fixtures must be marked. Not responsible for damage to unmarked irrigation. The entire surface to be laser leveled will need to be watered heavily prior to the project. Proper moisture content is achieved when a knife or screwdriver can be inserted easily to a depth of 2-3 inches. The best procedure is to rough grade the infield and then bring in new material to blend with the old. Estimate includes all labor, equipment and mobilization fees. Unless advised by customer, this project is bid at prevailing wage. Please call with any questions regarding this estimate. Sign below and fax back with approval and scheduling. Signature Date Phone# Fax# E-mail 949-240-8779 949-240-8769 info@barkshireleveling.com QTY 1 Contractors License #757453 C27 DIR !000007321 P.O. NO. TERMS Net30 COST TOTAL 1,700.00 1,700.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL $1,700.00 w,vw.barkshireleveling.com ~ BARKSH1 nP ID· r.-, ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/07/2018 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 858-452-2200 coNTACT Heather Wirsig Wateridge Insurance Services ____NAME; - -------------------fHONE 858-452-2200 iffc, Nol:858-200-3390 10717 Sorrento Valley Rd. A/C, No, Extl: San Diego, CA 92121 ioMn'1~<:<:· Hwirsig@wateridge.com Hulquist Insurance Svcs.,lnc. __ INSURERjS) AFFORDING COVERAGE NAIC# --------- INSURER A: Ohio Security Insurance Co. 24082 INSURED Barkshire Laser Leveling, Inc. iNsURER B: American Fire & Casualty Ins. 24066 4007 Calle Mayo INSURER c , Insurance Co. of the West 27847 San Clemente, CA 92673 ----------- INSURERD: INSURERE: 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. -----------------1 ------------------------------ l~f: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS •••~n ... ,n I A ,X COMMERCIAL GENERAL LIABILITY I ' EACH OCCURRENCE $ 1,000,000 I ----CLAIMS-MADE 'X OCCUR y 'BKO (19) 56 53 83 96 05/28/2018 05/28/2019 DAMAGE TO RENTED 500,000 ---. P_B.EMISES (Ea occurreni;_e) _ $ - MED _E2(P (Any one p,,rson) _ $ 15,000 ------------- PERSONAL & ADV INJURY $ 1,000,000 - ~'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE '$ 2,000,000 POLICY Xi jr8r LOC I I PRODUCTS -COMP/OP AGG I $ 2,000,000 ----I OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 /Ea accident\ $ X ANY AUTO BAO (19) 56 53 83 93 05/28/2018 05/28/2019 BODILY INJURY /Per oerson\ $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODIL'(_INJURY (Per accident) , $ ------HIRED ~ ~8~o~~~r~ iP~?fc~rd~tfAMAGE I$ _ AUTOS ONLY $ B UMBRELLA LIAB X OCCUR EACH OCCURREN_Q_L___ $ 4,000,000 ---------- X EXCESS LIAB CLAIMS-MADE ESA (19) 56 53 83 96 05/28/2018 05/28/2019 AGGREGATE $ 4,000,000 OED RETENTION$ $ C WORKERS COMPENSATION X PER I f;H-I AND EMPLOYERS' LIABILITY 1 STATUTE Y/N' 'WSD 5041270 00 05/28/2018. 05/28/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE i _ E.L. EACH ACCIDENT __ $ OFFICER/MEMBER EXCLUDED? NIA ------ (Mandatory in-NH) -E.L DISEASE -El'I EMPLOYE_E_ $ 1,000,000 ------ il~c~f~~'/t~~ebPERATIONS below E L DISEASE -POLICY LIMIT $ 1,000,000 I I I I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF CARLSBAD AND ITS OFFICERS AND EMPLOYEES ARE ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY PER ATTACHED. RE: LASER LEVELING FOR SPORTSFIELDS IN THE CITY OF CARLSBAD, CA CERTIFICATE HOLDER CANCELLATION CITYCAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad Parks & Recreation 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008-2428 ~C['.~C:?> ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKO (19) 56 53 83 96 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Organization(s): Blanket Additional Insured agreed 4007 CALLE MAYO SAN CLEMENTE, CA 92673 Location(s) Of Covered Operations Any location(s) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An lnsu red is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- Jury'', "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 operatons for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, 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 addi- tional exclusions apply: This insurance does not apply to "bodily in- jury'' or'' property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed 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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: BKO (19) 56 53 83 96 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Blanket Additional Insured agreed 4007 CALLE MAYO SAN CLEMENTE, CA 92673 Location And Description Of Completed Operations Work described in writing in the contract, agreement or permit Location(s} at which You performed work described in written contract, agreement or permit. Information required to complete 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 organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury'' or "property damage" caused, in whole or in part, by "your work'' at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured 1s required by a contract or agree- ment, 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 is added to Section Ill -Limits Of Insurance: 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 ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 --= ---=== -~ = - c. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: 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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13