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HomeMy WebLinkAboutScott Fence; 2019-06-11; PKRC708Project: PKRC708 Village H Fence Repair Change Order No., 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: PKRC708 Village H Fence Repair CONTRACT NO. PKRC708 ACCOUNT NO. 0014610-7550 CONTRACTOR: Scott Fence ADDRESS: 1255 Distribution Way Vista, CA 92081 P.O. NO . P137537 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 tb 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: Increase to contract cost. ........... , ......................................... ~ ..... $5,210.00 TOTAL INCREASE TO CONTRACT COST ...................................... .' ....... $5,210.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS BECAUSE OF THIS CHANGE ORDER. Project: PKRC708 Village H Fence Repair Change Order No. 1 RECOMMENDED BY: 'PRoJEcT MANAGER A;J!iJJ: JUI-/' 20 CONTRACTOR (DATE) 2() rr S 1255 Distribution Way • Vista, CA 92081 C Ott 1~ (760) 598-0070 • Fax (760) 598-0098 Since 1956 CALIFORNIA LICENSE C-I3581918 • LOUISIANA LICEf\lSE 15558 Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayetre, Louisiana; Grand Cayman, West Indies PROPOSAL SUBMITTED ro City of Carlsbad Village H, Carlsbad VIiiage Drive & Victoria Ave. COR #001 DATE OF PLANS 7/2/2019 JOB PHONE Tim Selke (760)710-7386 tim.selke@carlsbadca.gov (1) 10' Single Pipe Gate Approx. 42" Tall at Hinge, 6" Sch 40 Hinge Post w/ 48"x 18" Concrete Footing, 4" Sch. 40 Latch Post w/ 36"x 12" Concrete Footing, 2-7/8" Sch 40 Frame, Chain for Padlocks Welded to Latch Post == $2,200.00 (1) 12' Single Pipe Gate== $2,640.00 (1) 15'-16' Single Pipe Gate= $3,520.00 (Credit) (1) 12' Wide Vehicle Access Gate, 2"sq. Tube Rails, 5/S"sq. Tube Pickets, (2)Lockable Drop Rods, H.D. Slide Bolt, Black, Use Existing Posts= $2,520.00 (Credit) (1) Pedestrian Swing Gate, Match Fencing, Lockable Finger Latch = $630.00 **Excludes Paints **Excludes Reinforcing Bar for Footings Change Order Amount== $5,210.00 All material is guaranteed to be as specified, All work to be completed In a substantial workmanlike manner according lo speclficallons submitted, per standard practices. Any alteration or devlallon from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the esUmate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner lo carry flre, tornado and other necessary Insurance. Our workers are fully covered by Workman's Compensation Insurance, Location of fence Is sole responsibility of the land owner. Survey stakes required, In order to properly place fence. Lumber products are nominal slzos not actual sizes. In the event IIUgalion is required, reasonable attorneys fees, expert witness fees, court costs, Etc, shall be awarded lo prevailing party. We measure through the gales. 1.6% Interest wlll 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: Authorized ~ Gia~ Signature ,~ Note: This proposal may be withdrawn by u If not accepted within 45 Days Signature Signature CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 Tracking#: This agreement is made on the / / l;:h day of :;:f u..Y) e_ , 2,,01!)_, by the City of Carlsbad, California, a munic(pal 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. Con.tractor 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.~ of the Labor Code and section 41.00 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, Ch1:1pter 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. VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 Page 1 of6 City Attorney Approved 1/25/2019 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 o su contractor from participating in contract bidding. Signature: Print Name: ~ TJ.LSfA.J, }S~ S G.0\1 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 VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 Page 2 of6 City Attorney Approved 1/25/2019 Tracking#: 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 II Scott Fence (name of Contractor) 581918 (Contractor's license number) C-13 and B, exp. date 11/30/19 (license class. and exp. date) 1000002709 (DIR registration number) 06/30/2019 (DIR registration exp. date) VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 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 1/25/2019 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) 7 ,s.~t>f...\ ~Gtlt1 s l01 T (print name/title) By: {sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assis ty Manager, Deputy City Manager or De~rtment Director as authoriz by the City Manager AT.rEST: • GCvvxic. --◊ Kffl'--~ ~RBARA ENGLESON trcify Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f.J! 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: VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 Page 4 of6 City Attorney Approved 1/25/2019 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 be Subcontracted N O\'\-t Total% Subcontracted: Q 7o VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 No. Page 5 of6 License No., %of Classification & Total Expiration Date Contract City Attorney Approved 1/25/2019 EXHIBIT B SCOPE OF WORK Tracking#: Scott Fence will provide equipment, materials and labor to remove and replace tube steel fence panels, vehicle gate and pedestrian gate at Calavera Hills Village H property. Work includes: • Install 67 lineal feet of 5' 5" tall black tube steel fencing with 1 ½" black square tube rails, 5/8" black square tube pickets and 2" black square tube posts • Install posts at 8' on center with 8"x 24" concrete footings • Remove and haul away existing 12' wide vehicle access gate • Install new vehicle access gate consisting of 2" black square tube rails, 5/8" black square tube pickets with two (2) lockable drop rods with heavy duty side bolt. Existing posts will be used to hang new gate • Remove and haul away existing pedestrian gate • Install new pedestrian gate with dimensions of 42"x 60". Gate will have 2" black square tube rails with 5/8" black square tube pickets. Gate will include a lockable finger latch • Weld broken rails and pickets throughout the entire length of fence on Victoria Avenue and Carlsbad Village Drive. Team will include two (2) welders, one (1) fire watch and water buffalo tank. Work excludes: • Removal of existing footings • Paint • All fences and gates built from pre-galvanized steel Total Agreement amount shall not exceed $12,505.00. VILLAGE H FENCE REPAIR; CONT. NO. PKRC708 Page6 of6 City Attorney Approved 1/25/2019 SCOTFEN-01 SGONZALEZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 5/30/2019 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 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 9\?l'I?.CT Jennifer Kenyon HUB International Insurance Services Inc. lAJ8,NJo, Ext): (858) 255-3258 I rffc. No):(951) 231-2572 9855 Scranton Road, Suite 100 San Diego, CA 92121 i~nAJ!e~~-cal.cpu@hubinternational.com INSURERISl AFFORDING COVERAGE NAIC# INSURER A: HDI Global Insurance Comoanv 41343 INSURED INSURER B: National Union Fire Insurance Company of Pittsburgh, PA 19445 Scott Fence INSURER c: Falls Lake Fire & Casualtv Comoanv 15884 Stilson Kent Scott dba: 1255 Distribution Way INSURERD: Vista, CA 92081 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. 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 ~.?.Pk ~~ POLICY NUMBER . .P.9~~Uff_ POLICY EXP LIMITS IM A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ :=J CLAIMS-MADE [K] OCCUR IG20X000275-01 3/7/2019 3/7/2020 DAMAGE TO RENTED 100,000 D""'"'"'" /Ea occurrence\ $ ~ MED EXP /Anv one oerson\ $ 5,000 ~ PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY [K] )rfr □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 7§~~~~~~1f1NGLE LIMIT $ 1,000,000 ~ X ANY AUTO GA20X000509-01 3/7/2019 3/7/2020 BODILY INJURY /Per oersonl $ ~ OWNED -SCHEDULED -AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident\ $ HIRED ~~~~T.~ ip~?~&:~d1;,';;t?AMAGE $ -AUTOS ONLY ~ $ B UMBRELLA UAB M OCCUR EACH OCCURRENCE $ 5,000,000 -BE11921858-00 3/7/2019 3/7/2020 5,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION $ 0 $ C WORKERS COMPENSATION XI ~ffTIITE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N FLA005898-02 6/1/2019 6/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ ~FFICER/MEMtER EXCLUDED? N/A 1,000,000 Mandatory in H) E.L. DISEASE -EA EMPLOYEE $ ~~1';;~fpn~ ~~'gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space is required) RE: Operations of the Named Insured during the current policy term. For Information Purposes Only. 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. 799 Pine Ave., Suite 200 Carlsbad, CA 92008 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: 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 2010 0413 (81kt) 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) Location(s) Of Covered Ooerations Or Oraanization(s) Blanket as required by written contract and effective Primary Insurance applies: It Is agreed that such during the policy period as stated on the pollcy 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 reauired to complete this Schedule if not shown above, will be shOINO 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 nbodily 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 perfonnance 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. Wrth 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 seivice, maintenance or repairs) to be perfonned 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 (81kt} © Insurance Services Office, Inc., 2012 Page 1 of2 C. Wrth respect to the insurance afforded to these additional insureds, the following is added to Section 111-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. Page2 of2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 (81kt)