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HomeMy WebLinkAboutScott Fence dba Stilson Kent Scott; 2019-08-26; PWL20-870GS, Change Order No. 01 CONTRACT CHANGE ORDER NO. 01 PROJECT: Omni Resort/ El Camino Real Fence Installation CONTRACT NO. PWL20-870GS ACCOUNT NO. 001 8410 7550 P.O. NO. Pi~ 13'>5' CONTRACTOR: Scott Fence dba Stilson Kent Scott ADDRESS: 1255 Distribution Way Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Contractor to provide all labor, equipment and materials necessary to modify the proposed fence to include a double gate that will create an 8-foot wide opening with industrial drop rod. Gate shall be installed where current access path is located. Total cost not to exceed ...................................................................... $499.00 TOTAL INCREASE TO CONTRACT COST .................................................... $499.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY O WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. APPROVED BY: (DATE) C I . D \ '2..!.----\c (DATE) (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR PWL20-870GS Omni Resort / El Camino Real Fence Installation -- 1 -- City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT OMNI RESORT / EL CAMINO REAL FENCE INSTALLATION This letter will serve as an agreement between Scott Fence dba Stilson Kent Scott, a sole proprietorship, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to 100 lineal feet of 4-foot coated black chain link fence, including top rail, per Exhibit “A” and City specifications, for a sum not to exceed four thousand five hundred dollars ($4,500.00). This work shall be completed within forty-five (45) 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ________ init ________ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ______ init ______ 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. DocuSign Envelope ID: 7784ED2A-E614-4886-B8D4-8D1A5A582BD1 PWL20-870GS Omni Resort / El Camino Real Fence Installation -- 2 -- City Attorney Approved 2/29/2016 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: Michael O’Brien 760-434-2996 Contractor Contact: Joshua Nelson 760-598-0070 CONTRACTOR, Scott Fence dba Stilson Kent Scott, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California 1255 Distribution Way Vista, CA 92081 Scottfencewefence@yahoo.com 760-598-0098 By: By: (sign here) Stilson Kent Scott / Owner Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager (print name/title) By: Dated: (sign here) (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 DocuSign Envelope ID: 7784ED2A-E614-4886-B8D4-8D1A5A582BD1 August 26, 2019 PWL20-870GS Omni Resort / El Camino Real Fence Installation -- 3 -- City Attorney Approved 2/29/2016 EXHIBIT “A” Install approximately 100 feet of 4-foot high chain link fence with polyvinyl chloride coated fabric and top rail per section 206-6 of the 2018 edition of the Standard Specifications for Public Works Construction. All layout and work shall be scheduled and coordinated with the city’s project manager and Mr. Gary Sims, 760-438-9111, Managing Director of the Omni La Costa Resort and Spa. INSTALL ~100’ OF 4’ CLF DocuSign Envelope ID: 7784ED2A-E614-4886-B8D4-8D1A5A582BD1 SCOTFEN-01 SGONZALEZ ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 03/04/2019 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 A LTER 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 ~2~1~cT Jennifer Kenyon HUB International Insurance Services Inc. Ft8~Jo, Ext): (858) 255-3258 I rt~. No):(951) 231 -2572 9855 Scranton Road, Suite 100 San Diego, CA 92121 ~or.ifd~cc-cal.cpu@hubinternational.com INSURERIS\ AFFORDING COVERAGE NAIC # INSURER A , HDI Global Insurance Comoanv 41343 INSURED INSURER 8 : National Union Fire Insurance Company of Pittsburgh, PA 19445 Scott Fence INSURER c : Falls Lake Fire & Casualtv Comoanv 15884 dba: Stilson Kent Scott 1255 Distribution Way INSURER D: Vista, CA 92081 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. 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. l~f~ TYPE OF INSURANCE ~B.m-~i POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMM/nnNVVVI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -=i CLAIMS-MADE [K] OCCUR ~~~~~EbJ9c~~'g~r?ence\ 100,000 X IG20X000275-01 03/07/2019 03/07/2020 $ f--5,000 MED EXP /Anv one oersonl $ --PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY [K] m?r □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY f-- fE~~~~~~,flNGLE LIMIT $ 1,000,000 X ANY AUTO GA20X000509-01 03/07/2019 03/07/2020 BODIL y INJURY /Per person) $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY (Per accident) $ -~LR-M's ONLY -~8ro~~1.~ Fte?~a:~di;,it~AMAGE s $ B UMBRELLA LIAS MOCCUR EACH OCCURRENCE s 5,000,000 -BE11921858-00 03/07/2019 03/07/2020 5,000,000 X EXCESS LIAS CLAIMS-MADE AGGREGATE s OED I X I RETENTION$ 0 $ C WORKERS COMPENSATION X I ~¥frnTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X FLA005898-01 06/01/2018 06/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE CY] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.l. DISEASE -EA EMPLOYEE $ ~~;~~ftfrJ~ o'~'6PERA TIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG2010 04/13. Waiver of Subrogation with regard to Workers Compensation applies when required by written contract per the attached endorsement form WC040306 04/84. Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~aL;u__ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: IG20X000275 01 00 CA NAMED INSURED: Scott Fence dba: Stilson Kent Scott POLICY TERM: 03/07/2019 to 03/07/2020 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 (Blkt) 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) Location(s) Of Covered Operations Blanket as required by written contract and effective Primary Insurance applies: It is agreed that such during the policy period as stated on the policy insurance as is afforded by this policy for the declarations. benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured or its subcontractors, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. 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 injury", "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 operations 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 permitted by law; and 2. 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. CG 20 10 0413 (Blkt) © Insurance Services Office, Inc., 2012 Page 1 of 2 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 applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office , Inc., 2012 CG 20 10 04 13 (81kt) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed . 4-84 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 2.5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. 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 06-01-2018 Insured Stilson, Kent Scott (An Individual) Policy No. FLA005898-01 Insurance Company Falls Lake Fire & Casualty Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.