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HomeMy WebLinkAboutDoherty Concrete; 2018-08-27; PKRC673Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FENCE INSTALLATION AT MAGEE PARK: CONTRACT PKRC673 This letter will serve as an agreement between Doherty Concrete, a sole proprietor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install a chain link fence at Magee Park, per the Contractor's proposal dated August 8, 2018 and City specifications, for a sum not to exceed two thousand three hundred ten dollars and fifty cents ($2,310.50). This work is to be completed within twenty working 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 be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gove_mment Code sections 12650, et seq .. and Carlsbad Municipal Code Sections 3.32.025, et seq. -'ao=--init e./'J init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for :a City of Carlsbad to disqualify the Contractor from participating in contract bidding. 6'4 init C 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. FENCE INSTALLATION AT MAGEE PARK; PKRC673 -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: Morgan Rockdale 760-434-2985 Contractor Contact: Charles Doherty 760-535-9295 CONTRACTOR 2850 Industry Street Oceanside, CA 92054 760-535-9295 (sign here) Cha~ I c S 1)0 'ne-Y'±\.j (sign here) (pnnt name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Ma , Deputy City Manager or Department Director as authorized by the City Manager 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: Deputy City Attorney FENCE INSTALLATION AT MAGEE PARK; PKRC673 -2 -City Attorney Approved 2/29/2016 ADDRESS MORGAN ROCKDALE Charles Doherty Concrete 2850 Industry Street Oceanside, CA 92054 760-535-9295 cwdoherty@cox.net SHIPTO MAGEE PARK 1166 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92054 258 BEECH AVENUE CARLSBAD, CA 92008 ESTIMATE# 1161 ACTIVITY *SCOPE OF WORK DATE 08/08/2018 PROVIDE MATERIALS, LABOR WITH PREVAILING WAGES AND EQUIPMENT TO INSTALL 55 LN FT OF 6 FT HIGH CHAIN LINK FENCING ON NORTH PROPERTY LINE CONNECTED TO EXISTING ADJACENT FENCES. POSTS TO BE 1 7/8 IN GALVANIZED WIRE TO BE 2 IN GALVANIZED MESH 6 FT 9 GAUGE MATERIAL SEVEN GAUGE TENSION WIRE AT BOTTOM 1 3/8 IN TOP RAIL LABOR BREAKDOWN: 2 MEN AND A TRUCK 8 HRS TO SET POSTS @ $190 2 MEN AND A TRUCK INST ALL FENCING 8 HRS@ $190 MATERIALS BREAKDOWN: CEMENT FENCING MATERIALS, POSTS, WIRE, CLAMPS, TIES TOTAL Accepted By Accepted Date QTY 8 54 Estimate RATE AMOUNT 190.00 1,520.00 75.00 75.00 13.25 715.50 $2,310.50 ~ CHARDOH-01 KSEBIANE ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 08/01/2018 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 License# 0757776 £l~tit~CT Carlsbad, CA -MMA -HUB International Insurance Services Inc. I r~xt): (760) 804-0402 Irie~. Nol:(760) 804-0942 1525 Faradax Avenue, Suite 200 Carlsbad, C 92008 INSURERISI AFFORDING COVERAGE NAIC # 1NSURERA :Admiral Insurance Comoanv 24856 INSURED INSURER a: Watford Insurance Comoanv 25585 Charles Doherty Concrete INSURER c : National Union Fire Insurance Company of Pittsburgh, PA 19445 Charlie 1302 Crestridge Dr. INSURER 0: Oceanside, CA 92054 INSURERE: INSURERF: 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. NOTIMTHSTANDING 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 TYPE OF INSURANCE t..?.PJ-W9i POLICY NUMBER 11POUCYEFF ,=~ LIMITS LTR M ., A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE Q~t!1.AGI;_ T9i::~~1fJ:,0,..,, 300,000 OCCUR X CA000024840-03 07/05/2018 07/15/2019 $ x Per Project Agg. MED EXP IAnv one oersonl $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 =7 POLICY O ~f8-r O LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea ArrinAnt\ $ 1,000,000 -ANY AUTO WIC1001835-00 07/31/2018 07/31/2019 BODILY INJURY /Per oerson\ $ -OWNED ~ SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY /Per accident) $ ,__ -1P~~~~JJRAMAGE X ~tl'MsoNLY X ~8~~~'[~ $ -- $ C X UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 2,000,000 -EBU 064083224 07/05/2018 07/15/2019 2,000,000 EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ Prods/Comp Ops $ 2,000,000 WORKERS COMPENSATION I ~¥~TIITI' I l@JH-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E L. EACH ACCIDENT $ fl.l'FICER/MEMBER EXCLUDED? ( andatory In NH) E.L. DISEASE -EA EMPLOYEF $ iistir~8~ o't'oPERA TIONS below EL DISEASE -POLICY LIMIT $ DESCRJPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space la :olz'""¥ Certificate holder Is named as Additional Insured with respect to General Liability per fonn CG2010 0413 & CG 03 0413. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CA000024840-03 CG 20 34 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT-AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organi- zation(s). However, the insurance afforded to such additional in- sured: I. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such ad- ditional insured. A person's or organization's status as an additional in- sured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these addi- tional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalfofthe additional in- sured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Lim- its of Insurance shown in the Declarations. CG 20 34 04 13 © Insurance Services Office, Inc., 2012 Page I of I a _____, CHARDOH-01 SR0~/1.~ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ._____....., 12/07/2017 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 pollcy(les) 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 endorsementcsi. PRODUCER !;Q!!!~CT Paramount Exclusive Insurance Services, Inc. ::t/8,NJ:o, Exll: (818) 986-7283 l FAX 16000 Ventura Blvd. #200 iAJc, Nol:(818) 986-4949 Encino, CA 91436 !?;..M~ll!!ess· INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Benchmark Insurance Co. 41394 INSURED INSURER B: Charles Doherty INSURER C: 1302 Crestrldge Dr. INSURER D: Oceanside, CA 92054 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. NOT½'ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH 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 TYPE OF INSURANCE 1~.~.,o~ l~~,tl POLICY NUMBER POLICYEFF POLICY EXP LIMITS I Tl> COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f---------D CLAIMS-MADE D OCCUR ~~b9,~J9/~~!~E.-ce, -- $ MED EXP /Arn, one oersonl $ ~- PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =l POLICY D ~r8-f DLOC PRODUCTS -COMP/OP AGG $ OTHER: $ ~TOMOBILE LIABILITY ~~~~~!\'!.~~.flNGLE LIMIT $ ANY AUTO BODILY INJURY 'Per ""rsonl $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY IPer accidentl $ -~G'Wfs ONLY -~a~as~J~ rp~?:~dlJ,fAMAGE $ s UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ s A WORKERS COMPENSATION X I ~~~Tl ITC I 12~-AND EMPLOYERS' LIABILITY YIN CST5011614 12/05/2017 12/05/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE m N/A E.L. EACH ACCIDENT $ Prff~~i~l~~fi~ EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, desctibe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 faraday Ave. Carlsbad, CA 92008 I J:i:psz:;VE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD