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HomeMy WebLinkAboutWeld Works; 2021-03-17; PWM21-1419FACPWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 1 of 7 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CALAVERA HILLS ROOF LADDER REPLACEMENT This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Weld Works, a sole proprietorship whose principal place of business is 1140 Vine Street, Fallbrook, CA 92028 (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: Ron Haugland (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 March17th PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 2 of 7 City Attorney Approved 1/20/2020 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 participating in contract bidding. Signature: ___________________________________ Print Name: _______Hayden Brockhuis_____________ 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. DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 3 of 7 City Attorney Approved 1/20/2020 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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Weld Works 1140 Vine Street (name of Contractor) 1018111 (street address) Fallbrook, CA 92028 (Contractor’s license number) C-60 9/30/22 (city/state/zip) 760-917-4945 (license class. and exp. date) 1000054406 (telephone no.) N/A (DIR registration number) 6/30/21 (fax no.) hayden@weld-works.com (DIR registration exp. date) (e-mail address) DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 4 of 7 City Attorney Approved 1/20/2020 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 WELD WORKS, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Hayden Brockhuis, Owner Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) 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 Group B Chairman, President, or Vice-President 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 5 of 7 City Attorney Approved 1/20/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 0NA 0 NA NA NA 0NANANA NA PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 6 of 7 City Attorney Approved 1/20/2020 EXHIBIT B Calavera Hills Roof Ladder Replacement Contractor to provide all material, tools and labor to remove existing ladder and replace with new roof ladder with cage located at 2997 Glasgow Dr., Carlsbad, CA 92010. Scope of work to be consistent with the Contractor’s proposal dated February 10, 2021 and outlined in the following scope of work: 1. Remove and dispose of existing ladder (see photo in Exhibit C below). 2. Install new Cage Ladder with prime coating. 3. Install powder coated Extendable Safety Post. Note: 1. Provide one year warranty. 2. Work shall comply with current OSHA standards. 3. Shop drawings to be provided to Owner for review and approval prior to fabrication. 4. City will submit for plan check and building permit. 5. Field measuring, assembly, layout, installation and hardware to be Contractor responsibility. 6. No additional work can be performed without an approved and signed Change Order. 7. Prevailing wages are included in this quote. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove & replace roof ladder with cage $6,977.53 TOTAL* $6,977.53 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 PWM21-1419FAC Calavera Hills Roof Ladder Replacement Page 7 of 7 EXHIBIT C DocuSign Envelope ID: 2751DA50-AD60-4171-9722-DC00C16E94F0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY P.O. Box 947 Murrieta, CA 92564 c/o EXIGIS Insurance Compliance Services City of Carlsbad/CMWD Certificate holder has been listed as additional insured. 1,000,000 1,000,000 1,000,0002/23/20222/23/2021A09489369YYA 5,000,000 5,000,000 3/22/20213/22/2020EBU013299237YB 1,000,000 1,000,000 1,000,000 5/10/20215/10/2020606743876YA 2,500DEDUCTIBLE 2,000,000 2,000,000 1,000,000 5,000 100,000 1,000,000 3/22/20213/22/2020RBS0032639YYC Scottsdale Insurance Company National Union Fire Ins Co of Pittsburgh 21652Farmers Insurance Exchange Fallbrook, CA 92028 1140 S. Vine St. Weld Works jerry@farconeinsurance.com (949) 709-7860(888) 327-2663 0770342 Rancho Santa Margarita, CA 92688 30201 Aventura Ste 201 Farcone Insurance Agency Inc 3/11/2021 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 POLICY NUMBER: RBS0032639 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 POLICY NUMBER: RBS0032639 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 POLICY NUMBER: RBS0032639 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ENDORSEMENT NO. 0 ATTACHED TO ANDFORMING A PART OFPOLICY NUMBER ENDORSEMENT EFFECTIVE DATE(12:01 A.M. STANDARD TIME)NAMED INSURED AGENT NO. RBS0032639 3/22/2020 Weld Works Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2017 PJS-10 (3-18)Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTORS ENDORSEMENT INDEMNITY PARTICIPATION PROVISION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM As a condition of coverage, you shall procure and maintain all of the following for each “independent contractor” performing “current work”: 1.Written agreement with each “independent contractor” indemnifying and holding you harmless for “bodily injury” or “property damage” sustained by a third person; 2.Written agreement with each “independent contractor” indemnifying and holding you harmless from liability arising from injuries to that “independent contractor” and/or the employees of any “independent contractor”; and 3.Certificates of Insurance from each “independent contractor” evidencing the following coverage and minimum Limits of Liability: a.Commercial General Liability coverage with an insurance carrier rated A- or better by A.M. Best $1,000,000 Each Occurrence Limit $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate b.Worker’s Compensation coverage as required by the jurisdiction in which services are performed. 4.For the period in which services are performed on your behalf by each “independent contractor,” you must be named as an additional insured on each “independent contractor’s” Commercial General Liability Policy. You agree that we may settle any claim or “suit,” or pay a judgment, where there has been a failure to comply with paragraphs 1., 2., 3., or 4. of this endorsement, and that you will be responsible for the lesser of ten percent (10%) or $25,000 of any such indemnity payment. Our right and duty to defend you against any suits seeking damages and your duties in the event of an “occurrence,” claim or “suit” apply irrespective of the application of this ten percent (10%) indemnity co-insurance or $25,000 deductible provision. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2017 PJS-10 (3-18)Page 2 of 2 For purposes of this endorsement, the following definitions apply: “Current work” means work in which the agreement giving rise to the work performed by the “indepen- dent contractor” is entered into, or the “independent contractor’s” work is commenced, during the policy period. “Independent contractor” means anyone hired directly by the insured to perform services for or on behalf of the insured. All other terms and conditions of this policy remain unchanged. 3/20/2020 AUTHORIZED REPRESENTATIVE DATE DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 POLICY NUMBER: 606743876 DocuSign Envelope ID: 680E3F64-3ABA-4DCE-9754-DC628C2B56A1 BLANKET 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.) The additional premium for this endorsement shall be _____% of the California workers compensation premium otherwise due on such remuneration, subject to a minimum charge of ________. All written contracts in the state(s) of: 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 Policy No.Endorsement No. Insured Countersigned By WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 31 (Ed. 6-20) WC 99 06 31 (Ed. 6-20) Includes copyright material of the Workers Compensation Insurance Rating Bureau of California.All rights reserved. Insurance Company Insurance Company 3.0 $250 CA A0948-93-6902/23/21 BROCKHUIS, HAYDEN T (AN IND) (DBA) WELD WORKS 1140 S VINE ST FALLBROOK CA 920283309 MID-CENTURY INSURANCE COMPANY