HomeMy WebLinkAboutScott Fence; 2016-02-10; PKRC569Tracking#:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FENCING RECONFIGURATION AT ALGA NORTE AND POINSETTIA COMMUNITY PARKS
CONT. NO. PKRC569
This agreement is made on the /o-ff\ day of FciJr-ua~ , 201.6., by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "Ci), and Scott Fence whose
principal place of business is 1255 Distribution Way, Vista, CA 92081 (hereinafter called "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, 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: Kyle Lancaster
(City Project Manager)
WAGE RATES. 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 Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is
awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him
or her in execution of the contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the
Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair
Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and
4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
FENCING RECONFIGURATION AT ALGA NORTE
AND POINSETTIA COMMUNITY PARKS
CONT. NO. PKRC569 Page 1 of 6 City Attorney Approved 1 0/6/15
Tracking#:
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or ubcontractor from participating in contract bidding.
Signature: ~
Print Name:
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1 ,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
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.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, 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 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
FENCING RECONFIGURATION AT ALGA NORTE
AND POINSETTIA COMMUNITY PARKS
CONT. NO. PKRC569 Page 2 of6 City Attorney Approved 10/6/15
S. : 1255 Distribution Way • Vista,CA92081 . co· t·t· 'J~ (760) 598-0070 .. Fax (760) 598-0098
.· .· . . ·. · ..... · .. ·· ·. . . ·· .. Sincel95q CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE
. . 15558
Offices: CarlsbiJd, Cafifom1a; Port Arthur, Texasi Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, Westtndies
PROPOSAL SUBMITTED TO
Alga Norte Park
Bid Prevailing Wage
City of Carlsbad
DATE OF PLANS
1/15/2016
Replace Dbl. Gates with wider set 16'x 10' 1 N~w Gate Post $2,800.00
Excludes all Concrete Except Fence and Gate Post Footings!
AH material iS guaranteed to be as spe<:lfied. Allwork to be complefed in a substantialworktnanlike.
manner actordin~ to specifications suj)mitted, per standard practices, Any alteration or deviation
from above specdicatioos involving extra CO!ts will be execute~ only upon W!'itten orders, and
will become an exbii charg~ ove.rand above the estimate. A\1 agreements contingent upon
strikes, accidents or del~ beyond our control. OW)ler to carry flj'a, tornado and other necessary
insurance. Our 'A'or'lters are fully covered by Workman's Compeilsatlo11lnsurance; Location of
fence is sole responsibility of the la~doW)ler. Su!Vey stakes required, in order to properly place
fence. Lumber produc"ts are nominal Sizl!S not acl!lal sizes, In ithe event Utigation is required,
reasonable attorneys fe~s, expert witn!!s.s fees, court costs, Etc; shill! be awarded to prevailing
party. We measure through the gates. 1.5% interest will be cbarg~ on invoices past 30 days.
ACCEPTANCE OF PROPOSAL Theabove ~rices, s~ifications and conditions are. satisfactory and hereby accepted, Yop are authorized to do the
work as specified. Payment will be made as outlined jibove
Date of Acceptance:
dollars($
JOB PHONE
760-434-2941
2,800.00
Authorized Jon Holton
Signature
Note: This proposal may be withdrawn by t
if not accepted within 90 Days
Signature
Signature