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HomeMy WebLinkAboutScott Fence; 2018-10-31; PKRC676Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE; CONT. NO. PKRC676 This agreement is made on the .....,_5/s-t day of ~ , 20 Ji?, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"}, 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: Tim Selke (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. Contractor 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. 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. 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. INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 1 of6 City Attorney Approved 9/27/2016 Tracking#: 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. 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 subcontractor from articip ting in contract bidding. Signature: ~ Print Name: .sco:I1 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 2 of6 City Attorney Approved 9/27/2016 Tracking#: 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 nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. 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. Start Work: Contractor agrees to start within 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II Scott Fence (name of Contractor) 581918 (Contractor's license number) B & C13, 11/30/2019 (license class. and exp. date) 1000002709 (DIR registration number) 06/30/2019 (DIR registration exp. date) INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 3 of6 1255 Distribution Way (street address) Vista, CA 92081 (city/state/zip) 760-598-0070 (telephone no.) 760-598-0098 (fax no.) scottfencewefence@yahoo.com ( e-mail address) City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) .S~LSO~ KGl'-t:3 ~W7:1 (print name/title) OWkJ.E.R. By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: CHRIS Parks & ~ARBARA ENGLESON if City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer 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: INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 4 of6 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract Norre --~ Total % Subcontracted: _Q-=------ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 5 of6 City Attorney Approved 9/27/2016 EXHIBIT B SCOPE OF WORK Tracking#: Scott Fence (Contractor) will provide materials and labor to install a chain link roof on the batting cage at Calavera Hills Community Park. Contractor will install approximately 120 lineal feet of welded railing to support the new chain link fabric. All work will be performed in accordance with the attached Contractor's proposal dated September 5, 2018. Agreement amount shall not exceed $5,400.00. INSTALL CHAIN LINK ROOF AT CALAVERA HILLS BATTING CAGE CONT. NO. PKRC676 Page 6 of6 City Attorney Approved 9/27/2016 S tt 1255 Distribution Way • Vista, CA 92081 Co 7~ (760) 598-0070 • Fax (760) 598-0098 Since 1956 CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE 15558 Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayerre, Louisiana; Grand Caym,1n, West Indies PROPOSAL SUBMITTED TO City of Carlsbad Calavera Park (Batting Cage Roof) DATE OF PLANS 9/5/2018 JOB PHONE Rodney(760)802-4568 Install 9 Gauge 2" Chain-link Mesh Roof onto Existing Framework of 16'x 60' Batting Cage Add Approx. 120 LF of 1-5/8" Railing (Welded) dollars($ All material Is guaranteed to beas specified. All work to be completed In a substanllalworkmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involvlng extra costs will be execuled only upon written orders, and will become an extra charge over and above the estimate. AU agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workman's Compensation Insurance. Location of fence is sole responsiblllty of the land owner. Survey stakes required, In order to properly place fence. Lumber products are nominal sizes not actual sizes. In the event litigation Is required, reasonable attorneys fees, expert witness fees, court costs, Etc. shall be awarded to prevailing party. We measure through lhe gales. 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: 5,400.00 Authorized Patrick Glass Signatur~ Note: This proposal may be withdrawn by us if not accepted within 45 Days Signature SCOTFEN-01 EBRITO ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 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 S~!1.I~cT Kathleen Malone HUB International Insurance Services Inc. rit:w.it, Ext): (858) 768-7325 i r,M, No):(951) 231-2572 5375 Mira Sorrento Place #400 it'DAJ~""' cal.cpu@hubinternational.com San Diego, CA 92121 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: International Insurance Company of Hannover SE INSURED INSURER B: HDI Global Insurance Com oanv 41343 Scott Fence INSURER c: National Union Fire Insurance Company of Pittsburgh, PA 19445 dba: Stilson Kent Scott 1NsuRER D: Falls Lake Fire & Casualtv Comoanv 15884 1255 Distribution Way Vista, CA 92081 INSURER E: INSURERF: 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. 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. INSR lYPE OF INSURANCE 11.?.P~ I~~~ POLICY NUMBER POLICY EFF ,~21ti%~. LIMITS I TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 ,--D CLAIMS-MADE [Kl OCCUR ~~~~~~J9F~~~Er?ence\ 100,000 X IG20X000275-00 03/07/2018 03/07/2019 s -5,000 MED EXP (Anv one oersonl s ~ 1,000,000 PERSONAL & ADV INJURY s ,-- 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s =7 POLICY [Kl j'fBf • LOG PRODUCTS -COMP/OP AGG s 2,000,000 OTHER. s B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 rF= a accident\ X ANY AUTO GA20X000509-00 03/07/2018 03/07/2019 BODILY INJURY /Per oersonl s -OWNED -SCHEDULED -AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident) S -~l.ltWsoNLY ~ ~8~~-mt~ rp~?~.fc:~d~t?AMAGE s s C UMBRELI.A LIAB ~ OCCUR EACH OCCURRENCE s 3,000,000 X EXCESS LIAB CLAIMS-MADE EBU011332458-00 03/07/2018 03/07/2019 AGGREGATE s 3,000,000 I OED I X i RETENTION s 0 s D WORKERS COMPENSATION X I ~ffTIJTF I I ~JH-AND EMPLOYERS' LIABILITY Y/N FLA005898-01 06/01/2018 06/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [I] X E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) EL DISEASE -EA EMPLOYEE S / iis~~rt~~ crt~PERATIONS beloW E L DISEASE -POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be altlched 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 fonn CG2010 07/04. Waiver of Subrogation with regard to Workers Compensation applies when required by written contract per the attached endorsement fonn 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 AUTIIORIZED 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: 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 larations. 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 (81kt) © 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.