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HomeMy WebLinkAboutBarkshire Laser Leveling Inc; 2018-12-06; PKRC684Tracking#". CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SPORTSFIELD RENOVATIONS AT CHASE FIELD; PKRC684 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 3 skinned dirt infields at Chase Field, per the Contractor's proposal dated November 7, 2018, City specifications, and attached scope of work, for a sum not to exceed four thousand eight hundred dollars ($4,800.00). 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 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 bes' ct 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. --/,,''-rb,,,C--init /,,_._ init 6. The Contractor hereby acknO\Medges ~at debarment by another jurisdiction ~ tds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ~L init L,,,_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 CHASE FIELD; PKRC684 --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 / Betty Mallory, VP/Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By· • / /1 CHRIS~ Parks & Recreation Director Dated: (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~®= epllty Attorney SPORTSFIELD RENOVATIONS AT CHASE FIELD; PKRC684 -2 --City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF WORK Tracking#: Barkshire Laser Leveling, Inc. (Barkshire) will perform renovations on three dirt infields at Chase Field. Barkshire will rip the existing material to loosen the compaction and rough grade the existing surface. Additional material provided by the City will be installed to bring the field level up to appropriate depth. New material will be graded to allow for proper drainage and playing conditions. All base pegs, pitcher rubbers and irrigation components will be marked or removed by City. Agreement amount shall not exceed $4,800.00. SPORTSFIELD RENOVATIONS AT CHASE FIELD; PKRC684 -3 --City Attorney Approved 2/29/2016 ESTIMATE oB1ARKSHllRlE POBox986 \;, LASER LEVELING, JNc.""' San Juan Capistrano, CA 92693-0986 DATE ESTIMATE ... (949)240-8779 (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 3 skinned infields at Chase Park for the City of Carlsbad. I will try to get down this week and look to see if you need additional material. This estimate does not include 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 3 11/7/2018 2821 Contractors License #757453 C27 DIR 1000007321 P.O. NO. TERMS Net 30 COST TOTAL 1,600.00 4,800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL $4,800.00 www.barkshireleveling.com BARKSH1 CERTIFICATE OF LIABILITY INSURANCE I nP ID· r., DATE (MM/DD/YYYY) 11/26/2018 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 endorsementls\. PRooucER 858-452-2200 ' P.9!'iI~cT Heather Wirsig ~~~el~~:~~~~~~~=y s~~ices Wr"t""g"'_N~c'--0-, E-xt-.,-8~5~8~_-4_5_2--2-2-0'°0-------~1-w-c-.-N-o)-,8-5_8 ___ 2_0_0_-3_3_9_0 _____ -_-__ -1_ San Diego, CA 92121 µi"'.t-,.-"""'~1~;;;,s,..s·;___H_w_ir_s__,ig,,__,@w=--a_te_r_id_g,,,_e_._c_o_m ________ ~----___j Hulquist Insurance Svcs.,lnc. INSURED Barkshire Laser Leveling, Inc. 4007 Calle Mayo San Clemente, CA 92673 COVERAGES CERTIFICATE NI IMBER: e-----_ ___,.IN .... S ... U._.,RE,,,_R"'"S""-"""'A._.FF__..O ... R"'DI.._.NG=CO-e_V-__.E,.,RA,,.G"'E.,__ _____ -+-_'-"NAc-,IC,,..e:# __ INSURER A: Ohio Securitv Insurance Co. 24082 INSURER B: American Fire & Casualty Ins. 24066 INSURER c : Insurance Co. of the West e--"-""-'""'~"'---'---------------------+------------27847 INSURERD: INSURERE: INSURERF: REVl!::ION NI IMBER: 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 IN~~I TYPE OF INSURANCE A I X : COMMERCIAL GENERAL LIABILITY rt= CLAIMS-MADE [!] OCCUR y POLICY NUMBER ! _POLICY EFF : ,.l!OLICY EXP BKO (19) 56 53 83 96 05/28/2018. 05/28/2019 LIMITS EACH OCCURRENCE $ 1,000,000 ~~~~~i[?E:;,N[u~~ncel $ 500,000 MED EXP IAnv one nerson) $ 15,000 l-P~R~SJNAL & ADV INJURY $ 1,000,000 , GENERALAGGREGATE $ 2,000,000 r:=.:GREGATE LIMIT APPLIES PER: -. POLICY ~ .m§>r • LOC ~ 1 PRODUCTS -COMP/OP AGG $ ______ 2,000,000 -----~--- I I OTHER: A I AUTOMOBILE LIABILITY ~7 X 'ANY AUTO ~ OWNED I SCHEDULED e__j AUTOS ONLY ~--_ AUTOS I I HIRED NON-OWNED ,-----------j AUTOS ONLY ' __ AUTOS ONLY ' i B : UMBRELLA LIAB I X I OCCUR 1--i -1 EXCESS LIAB Ii CLAIMS-MADE i i OED : I RETEN~;ON $ C : WORKERS COMPENSATION i AND EMPLOYERS' LIABILITY 'ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ~l'ic~f~i~ u~iebPERATIONS below Y/N =:J BAO (19) 56 53 83 93 ESA (19) 56 53 83 96 WSD 5041270 00 N/A I ! l__&?MBINED SINGLE LIMIT a accideo_t) _ ' 05/28/2018 05/28/2019 BODILY INJURY IPer =rson\ BODILY INJURY tPer accident\ f fe?f1~~tPAMAGE EACH OCCURRENCE 05/28/2018 05/28/2019 AGGREGATE : I IX I PER ; STATUTE I OTH-ER 05/28/2018 05/28/2019 E.L. EACH ACCIDENT I E. L. DISEASE -EA EMPLOYEE I E.L. DISEASE -POLICY LIMIT I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is named additional insured with respects to General Liability per attached. RE: Insureds operations performed under written contract. CERTIFICATE HOLDER CANCELLATION CITYOFC $ $ 1,000,000 $ $ $ $ $ 4,000,000 $ 4,000,000 $ $ 1,000,000 $ 1,000,000 $ 1,000,000 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 Admin. Jennifer Marinov AUTHORIZED REPRESENTATIVE 799 Pine Avenue, Suite 200 ~ <;'. ;ti,,, -1-= > " r.4 Q?nnR 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 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", "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 -- C. VVith 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 m m "' <D 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 Looation(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 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-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 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 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 SeNices Office, Inc., 2012 Page 1 of 1