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HomeMy WebLinkAboutScott Fence; 2018-10-30; PKRC682Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT GATE INSTALLATION AT STAGECOACH COMMUNITY PARK; CONTRACT PKRC682 This letter will serve as an agreement between Scott Fence, a fencing contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install a new chain link fence with posts and gates for the children's area at Stagecoach Community Center, per the Contractor's proposal dated October 13, 2018, and City specifications, for a sum not to exceed three thousand one hundred and seventy-five dollars ($3,175.00). This work is to be completed within 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 ~ct to civil penalties for the filing of false claims as set forth in the California False Claims Act, Go nt 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 jurisdictioi:n/gA,unds 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. GATE INSTALLATION AT STAGECOACH COMMUNITY PARK; CONTRACT PKRC682 -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: Patrick Glass 760-802-4568 CONTRACTOR Scott Fence 1255 Distribution Way Vista, CA 92081 760-598-0070 scottfencewefence@yahoo.com (sign here) ~ ~<:f\IT SlOT\ DwlJc:4~ (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant Cit anager. puty City Manager or Department Director as authorized by the City Manager Dated: lo ·1V · Vo (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: ~ ~----, ~ ~ City Attorney GATE INSTALLATION AT STAGECOACH COMMUNITY PARK; CONTRACT PKRC682 --2 --City Attorney Approved 2/29/2016 S 1255 Distribution Way • Vista, CA 92081 Cott 'Je,eee (760) 598-0070 • Fax (760) 598-0098 Since 1956 CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE 15558 Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies PROPOSAL SUBMITTED TO City of Carlsbad Stagecoach Community Park (Childrens Play Area) DATE OF PLANS 10/13/2018 JOB PHONE Approx. 97 LF of 4' Tall 9 Gauge Chain-link W/ New Posts Sleeved Over Existing, 1-5/8 Top-rail @ $25.00 per LF = $2,425.00 (2) 4' Walk Gates W/ Fork Latch @ $375.00 ea. = $750.00 **Excludes all Concrete, Masonry, Curbs **Bid Prevailing Wages dollars($ All material is guaranteed to be as specified. All work to be completed In a substanUal workmanlike manner according to specifications submitted, per standard practices. Any alteratlon or deviation from above specifications Involving extra coats will be executed only upon written orders, and will become an extra charge over and above the esUmate. All agreements conUngent upon strikes, accidents or delays beyond our control Owner to carry flra, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Location of fence Is sole responslblllty of the land owner. Survey stakes requlrad, In order to properly place fence. Lumber product& are nominal sizes not actual sizes. In the event litlgatlon Is required, reasonable attorneys fees, expert witness fees, court costs, Etc. shall be awarded to prevailing party. We measure through the gates. 1.5% Interest will be charge on Invoices past 30 days, ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above Date of Acceptance: 3,175.00 Authorized ~Glass Signature ~ Note: This propo ~lt~awn by u --.... if not accepted within 45 Days Signature Signature ~ SCOTFEN-01 EBRITO ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 06/05/2018 THIS CERTIFICATE ·1s 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 I s~m;~cT Kathleen Malone HUB International Insurance Services Inc. 1 rt8,NJo, Ext): (858) 768-7325 : FAX 5375 Mira Sorrento Place , (AIC, No):(951) 231-2572 #400 i ~~I!~~, cal.cpu@hubinternational.com San Diego, CA 92121 i i i INSURERISI AFFORDING COVERAGE NAIC# 1 INSURER A: International Insurance Company of Hannover SE ! INSURED 1 INSURER B: HDI Global Insurance Comoanv 141343 Scott Fence 1 INSURER c: National Union Fire Insurance Company of Pittsburgh, PA,19445 dba: Stilson Kent Scott 1 1NsuRER D: Falls Lake Fire & Casualtv Comoanv :15884 1255 Distribution Way i i Vista, CA 92081 INSURER E: i ' INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· 001 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING 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 '~;: i TYPE OF INSURANCE i~.\'J'.zi~i: POLICY NUMBER I POLICY EFF I POLICY EXP : LIMITS A X i COMMERCIAL GENERAL LIABILITY I i EACH OCCURRENCE ' S • ; . CLAIMS-MADE ix] OCCUR X IG20X000275-00 I 03/07/2018: 03/07/2019 ! @~~~*~J?e~En~~Er?..nce\ 1 s 1,000,000 100,000 ~ ___________ 1 ! i MED EXP (Anv one nerson) , S 5,000 i ~ -----------: I GEN'L AGGREGATE LIMIT APPLIES PER -, ')c7 PRO-~ LOC ,---J POLICY L.:.cJ JECT ~ , : OTHER 8 I AUTOMOBILE LIABILITY ~ ANY AUTO I , OWNED ' I AUTOS ONLY 'j HIRED ~ AUTOS ONLY X 'OCCUR C ,_j UMBRELI.A UAB X I EXCESS UAB f----< i ' CLAIMS-MADE I i OED I X 1 RETENTIONS 0 ;WORKERS COMPENSATION ! AND EMPLOYERS' LIABILITY , ~~il~~~tlJiW~i'~~rnt~itECuT,vE (Mandatory In NH) ; ~rn:~ftfi'8~ 'c\'foPERATIONS below O! L'1i ; y ! ~, i ; i I N/Ai I i ! GA20X000509-00 i I IEBU011332458-00 I X FLA005898-01 ! , I PERSONAL & ADV INJURY ,s ' GENERAL AGGREGATE ·S i PRODUCTS . COMP/OP AGG : S 's : i i 11,~~~~~R,?NGLE LIMIT I s 1 03/07/2018 i 03/07/2019 I BODILY INJURY (Peroerson\ 1 s ' i BODIL y INJURY (Per acetdent) ! s I I : PROPERTY DAMAGE : · (Per accident) S 1,000,000 2,000,000 2,000,000 1,000,000 ! ;~E~A=C~H=OC~C~U~R~R=EN_C~E~--' S~---3~,_0_0_0_,0..,.0_.0 I 03/07/2018 03/07/2019 I AGGREGATE 1 5 3,000,000 >--'~~~-----~-------< I : ls I 1t-'i_X~i~~u·¥~t~'Uu'T'"--'-E;_~l~OF~~H-·-+----~~~~ i 06/01/2018 06/01/2019 ' EL EACH ACCIDENT S 1,000,000 1,-'E'°-"-L -"'D'-"IS"'-EA"'-S-"'E"'-,:EA=.,.EM'-P-L-0-YE-E-! :..s -----,-1 ~.0..,.0..,.0~,o~o-=-10 i E L DISEASE · POLICY LIMIT ' S 1,000,000 i DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 1 D1, Additional Remarks Schedule, may be attached If more space lo required) City of Carlsbad is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG2010 07/04. 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 be.fore 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 ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: IG20X000275 00 00 CA COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 (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 Oraanization(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 dee-insurance as is afforded by this policy for the benefit la rations. of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non- contributory 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 in- clude as an additional insured the person(s) or organi- zation(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. B. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: 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 pro- ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(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 pro- ject. CG 20 10 07 04 (Blkt) © ISO Properties, Inc., 2004 Page 1 of 1 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.