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HomeMy WebLinkAboutFieldTurf USA Inc; 2021-12-14; PKRC21-0930Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 1 of 6 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and FieldTurf USA, Inc. whose principal place of business is 175 N Industrial Blvd. NE, Calhoun, GA 30701 (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 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: __Temujin Matsubara__ (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. The City shall pay the Contractor in full within thirty five (35) days of the completion and acceptance of the work, except such amounts as are required to be withheld by properly executed and filed notices to stop payment. 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. Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 2 of 6 City Attorney Approved 1/22/2020 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. 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: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification 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 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 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 ,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 a 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. Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 3 of 6 City Attorney Approved 1/22/2020 Y. 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 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 60 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 14 working days after receipt of Notice to Proceed. FieldTurf Commercial 175 N Industrial Blvd. NE (name of Contractor) 849044 (street address) Calhoun, GA 30701 license number) A, C27, C61 & D12 10/31/2022 (city/state/zip) 858-275-4053 (license class. and exp. date) 1000004625 (telephone no.) 888-275-7683 (DIR registration number) 6/30/2022 (fax no.) christina.colletti@fieldturfcommercial.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 4 of 6 City Attorney Approved 1/22/2020 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Rob Gloeckner, Vice President Parks & Recreation Director (print name/title) By: ATTEST: (sign here) FAVIOLA MEDINA Pedro Azevedo, CFO and Treasurer City Clerk Services Manager (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: _____________________________ Deputy City Attorney Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 5 of 6 City Attorney Approved 1/22/2020 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: _______________ Tracking #: STAGECOACH COMMUNITY PARK; GYMNASIUM SYNTHETIC TURF INSTALLATION; CONT. NO. PKRC21-0930 Page 6 of 6 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF WORK Remove and disposal of all existing organic sod inside the interior chain-link fenced area on the north side of the gym o 838 SF area Install composite nailer board on the perimeter of area o 120 LF Supply and install compacted permeable rock base o Supply and install Command Play Nutmeg synthetic turf o 838 SF area Supply and install 16-20 grit silica sand infill o 3 pounds per SF Remove and haul off all spoils from job site Total not to exceed $12,292.71 Exemption: All irrigation sprinklers, laterals, mainline, etc. will be removed, relocated and repaired by the landscape contractor under the direction of the city inspector. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 on this 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. 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 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 COMPENSATION AND 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 OCCURRENCE DAMAGE 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis Towers Watson Northeast, Inc.c/o 26 Century BlvdP.O. Box 305191Nashville, TN 372305191 USA Fieldturf USA, Inc.175 N Industrial Blvd N.E.Calhoun, GA 30701 Re: Services provided by Fieldturf USA, Inc. WC Policies:Policy # UB-8P793534-21-51-K - covers all other states.Policy # UB-8P760619-21-51-R - covers AZ, MA, OR, WI only. City of Carlsbad799 Pine Avenue, Suite 200Carlsbad, CA 92008 10/04/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com XL Insurance America Inc 24554 Travelers Property Casualty Company of Ame Travelers Indemnity Company of America 25674 25666 Travelers Indemnity Company 25658 W22403763 A 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Y US00010327LI21A 05/01/2021 05/01/2022 B 3,000,000 05/01/202205/01/2021YTC2J-CAP-823K312A-TIL-21 UB-8P793534-21-51-KC 1,000,000No05/01/2021 05/01/2022 1,000,000 1,000,000 D Workers Compensation & Employer's Liability E.L. Each AccidentUB-8P760619-21-51-R 05/01/2021 05/01/2022 E.L. Disease-Pol Lmt Work Comp - Per Statute E.L. Disease-Each Emp 225821121665487SR ID:BATCH: $1,000,000 $1,000,000 $1,000,000 Willis Towers Watson Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Fieldturf USA, Inc.175 N Industrial Blvd N.E.Calhoun, GA 30701 City of Carlsbad is included as Additional Insured on the General Liability and Automobile Liability policies, asrespects to the liability arising out of ongoing and completed operations performed on the project specified in theconstruction contract for the period of time required within the contract. 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W22403763CERT:2258211BATCH:21665487SR ID: IXI 405 0910 08/01/18 sg © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Name of Person(s) or Entity(ies)Mailing Address: Number of Days Advanced Notice of Cancellation: As required by a written contract or written agreement. All certificate holders on file with the Insured. 30 All other 10 for nonpayment All other terms and conditions of the Policy remain unchanged. schedule shown below: advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. issued to Tarkett Finance Inc. by XL Insurance America, Inc. This endorsement, effective 12:01 a.m., May 01, 2021 forms a part of Policy No. US00010327LI21A ENDORSEMENT CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION:Number of Days Notice of Cancellation: PERSON OR ORGANIZATION: ADDRESS: PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium,and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above,we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF 30 The address for that person or organization included in such written request from you to us. Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. TC2JCAP-823K312A 05 01 21 Page 1 of 3 . ...... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 Name and Address of Designated Persons or Organizations: NAME: ANY PERSON ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTKR TME FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. Number of Days Notice 30 ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. ENDORSEMENT WC 99 06 R3 (00) EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION © 2013 The Travelers Indemnity Company. All rights reserved. STASSIGN: SCHEDULE responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.address of such designated person or organization provided to us is not accurate or complete, we have no If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or You are responsible for providing us with the information necessary to accurately complete the Schedule below, tion before the cancellation is to take effect.to each person or organization at its listed address at least the number of days shown for that person or organiza- cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such Notice Of Cancellation To Designated Persons Or Organizations The following is added to PART SIX- CONDITIONS: TO DESIGNATED PERSONS OR ORGANIZATIONS NOTICE OF CANCELLATION POLICY NUMBER: UB-8P793534-21-51-K DATE OF ISSUE: 05-01-21 Page 2 of 3 ,.. TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 Name and Address of Designated Persons or Organizations: Days Notice EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION © 2013 The Travelers Indemnity Company. All rights reserved. STASSIGN: Number of POLICY NUMBER:UB-8P793534-21-51-K ENDORSEMENT WC 99 06 R3 (00) DATE OF ISSUE: 05-01-21 Page 3 of 3 ...... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 Name and Address of Designated Persons or Organizations: Number of Days Notice All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attac.lled 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 Policy No. Endorsement No. Premium$ Insurance Company Countersigned by ----------------- ENDORSEMENT WC 99 06 R3 (00) EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION © 2013 The Travelers Indemnity Company. All rights reserved. STASSIGN: the policy.) DATE OF ISSUE: POLICY NUMBER: UB-8P793534-21-51-K Insured 05/01/21 Endorsement Effective 05-01-21