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HomeMy WebLinkAboutScott Fence; 2019-11-15; PKRC721Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 This agreement is made on the I~ day of N,o\Jq_,VV\..~ , 20..11_, 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. SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 1 of 6 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 or ubcontractor fro,m ~rt~ting in contract bidding. Signature: Z/-~ Print Name: 5--r+L-SO'-J... t../6.4. .. (\ SCOl] 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 SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 2 of 6 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) 06/30/2020 (DIR registration exp. date) SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 3 of 6 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 (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City~ BARBARA ENGLESON 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: SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 4 of 6 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 License No., %of be Subcontracted No. Classification & Total Expiration Date Contract ~()V\-t Total % Subcontracted: Q 7o SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 5 of 6 City Attorney Approved 1/25/2019 EXHIBIT B SCOPE OF WORK Tracking#: Scott Fence will provide equipment, materials and labor to remove and replace the chain link fence at the Scout House in Holiday Park. ITEM DESCRIPTION • PRICE NO. •/a) 1 Chain Link Fence: $8,160.00 • Demolish and remove existing fence • Install 170' of 6' tall black 8-gauge finish 2" vinyl coated chain link fence • Fence will have 2 3/8" schedule 40-line posts at 1 0' on center with 1 0" x 24" concrete footings • Terminal posts shall be 2 7/8" schedule 40 and top and bottom rails are to be 1 5/8" • All posts and rails shall be black powder coated 2 Pedestrian Gate: $760.00 • Install one 4' wide pedestrian gate with a Cal Royal Grade 1 entry lever and spring hinge closer 3 Double Swing Gate: $1,520.00 • Install 1 0' wide double swing gate with industrial drop rod 4 Work excludes: • Removal of concrete footings except corner posts • All concrete, curbs, masonry, except fence and gate post footings TOTAL $10,440.00 Total Agreement amount shall not exceed $10,440.00 SCOUT HOUSE CHAIN LINK FENCE REPLACEMENT; CONT. NO. PKRC721 Page 6 of 6 City Attorney Approved 1/25/2019 ~ SCOTFEN-01 C:.t:nM7AI C"7 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (l,IMIDD/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: H the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 rlahts to the certificate holder In lieu of such endorsement(s}. PRODUCER License I 0757776 S~tw.-cr Jennifer Kenyon HUB International Insurance Seivices Inc. f.&ON:o Ext): (858) 255-3258 Ir~ No):(951) 231-2572 9855 Scranton Road1 Suite 100 ~.!'~!.~~-cal.cpul@hubintemational.com San Diego, CA 9212 INSURER/SI AFFOR[)l<jO COVED .. OE NAJCI 1NsURER A: HDI Global Insurance Comoanv 41343 INSURED INSURER B: National Union Fire Insurance Company ol Pittsburgh, PA 19445 Scott Fence 1NSURERc,Falls Lake Fire & Casualtv Com=nv 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 CONDfTION 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. IN~ TYPE OF INSURANCE '~~ I&.'!' POLICY NUMBER POLICY EfF POUCYEXP LIIITTS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -0 CLA!Ms-MAOE 0 OCCUR DAMAGE TO RENTED 100,000 IG20X000275-01 31712019 31712020 OOCl•ICCC IC .. .....,._,,__.._.-.\ $ MED EXP IAnv one --, s 5,000 - PERSONAL & N>V INJURY s 1,000,000 -2,000,000 ~N"l. AGGREGATE LIMIT APPLIES PER: GENERAi. AGGREGATE s POI.ICY 00 ~ □ LOC PRODUCTS -COMP/OP AGG s 2,000,000 OTHER: s A AUTOMOBILE UABLITY .__. n,~~~~/llNGLE LIMIT s 1,000,000 X ANY AUTO GA20X000509-01 3/7/2019 3/7/2020 BODILY INJURY /Per oersonl s -OWNED -SCHEDULED -AUTOS ONLY -AUTOS MOIL Y INJURY fPer accident) S -~L'VWsONLY -~&~~ ~~c:c\l~~AMAGE $ $ B U•RELLA UAB MOCCUR EACH OCCURRENCE s 5,000,000 -BE11921858.-00 31712019 3ll/2020 5,000,000 X EXCESSUAB CLAIMS-MADE AGGREGATE s OED I X I RETENTION$ 0 s C WORKERS COMPENSATION x 1m1~m,I 12~-AND EMPLOYERS' LIA81UTY YIN FLA005898-02 6/1/2019 6/1/2020 1,000,000 ANY PROPRIETOR!PARTNERIEXECUTIVE [YI E.L EACH ACCIDENT $ ~~=~tJt~ EXQ.UDEO? y NIA 1,000,000 E.L DISEASE -EA EMPLOYEE S gm~= 'o1~ERATIONS below E.L DISEASE. POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERAllOHS / LOCAllOHS I VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more •P-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 CANCEUED 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 0100 CA NAMED INSURED: Scott Fence dba: Stilson Kent Scott POLICY TERM: 03/07/2019 to 03/07/2020 COMMERCIAL GENERAL LIABILITY CG 20 10 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 LIABIUlY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Ooerations Or Organization(s) Blanket as required by written contract and effective Prbnary Insurance applies: It Is agreed that such during the pollcy 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 llabllity which Is detennined to be solely the result of the additional lnsured's negligence or solely the additional insured's responsibility. Information reauired 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} shONn 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 agreemen~ 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 wor1c, including materials, parts or equipment furnished in connection with such wor1c, on the project (other than selVice, 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 Se.vices Office, Inc., 2012 Page 1 of2 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 Cl Insurance Services Office, Inc., 2012 CG 20 10 04 13 (81kt)