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HomeMy WebLinkAboutFence, Scott; 2023-01-18; PKRC22-1228Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 1 of 6 City Attorney Approved 12/28/2022 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CARLSBAD BOULEVARD RESTROOM BLIND; CONT. NO. PKRC22-1228 This agreement is made on the ______________ day of _________________________, 20___, 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: Morgan Rockdale (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: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 January18th 23 Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 2 of 6 City Attorney Approved 12/28/2022 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 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: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 Stilson Kent Scott -H<n S f"Y4 'vWS14 S Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 3 of 6 City Attorney Approved 12/28/2022 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 15 working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Scott Fence 1255 Distribution Way (name of Contractor) 581918 (street address) Vista, CA 92081 (Contractor’s license number) CA LIC #C13 & B, exp. 11/30/2023 (city/state/zip) 760-598-0070 (license class. and exp. date) 1000002709 (telephone no.) 760-598-0098 (DIR registration number) 6/30/2024 (fax no.) scottfencewefence@yahoo.com (DIR registration exp. date) (e-mail address) // // // // // // // DocuSign Envelope ID: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 4 of 6 City Attorney Approved 12/28/2022 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) Stilson Kent Scott, Owner Assistant City Manager, Deputy City Manager, or Department Director as Authorized by the City Manager (print name/title) By: ATTEST: (sign here) SHERRY FREISINGER Christina Glass, Secretary City Clerk (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney DocuSign Envelope ID: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 5 of 6 City Attorney Approved 12/28/2022 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 Type of Work 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 50% of the work with its own forces. DocuSign Envelope ID: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 NONE Tracking #: Carlsbad Blvd Restroom Blind; CONT. NO. PKRC22-1228 Page 6 of 6 City Attorney Approved 12/28/2022 EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Provide & Install 3 Sided 8' Wide, 8' Deep 8' Tall Tan Vinyl Restroom Blinds, Installed w/ Aluminum Post & Rail Inserts, 8"x 8" x 1/4" Aluminum Base Plates w/ 1/2" Stainless Steel Screw Anchors **Includes Provodin (6) Infill Boards and (6) Pyramid Caps for Stock** $6,106 TOTAL* $6,106 *Includes taxes, fees, expenses and all other costs per proposal dated 12/22/22. DocuSign Envelope ID: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 PROPOSAL SUBMITTED TO:City of Carlsbad Beach Restroom Blind DATE:ATTN: 12/22/2022 paul.harrison@carlsbadca.gov Provide & Install 3 Sided 8' Wide, 8' Deep 8' Tall Tan Vinyl Restroom Blinds, Installed w/ Aluminum Post & Rail Inserts, 8"x 8" x 1/4" Aluminum Base Plates w/ 1/2" Stainless Steel Screw Anchors **Includes Provodin (6) Infill Boards and (6) Pyramid Caps for Stock** Total Doallrs($$6,106.00 **Bid Prevailing Wages** Authorized Patrick Glass Signature Note: This proposal may be withdrawn if not accepted within 30 Days Signature Date of Acceptance:Signature DocuSign Envelope ID: BFD1325D-6857-4266-BCF1-D6E3985CBAA8 S 1255 Distribution Way • Vista, CA 92081 Cott "leae (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, Lafayette, Louisiana; Grand Cayman, West Indies All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All 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 responsibility 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 the gates. 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 SCOTFEN-01 SGONZALEZ ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/31/2022 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 22AAI~cT Mildred Hance HUB International Insurance Services Inc. F.JJ8,NJo, Ext): (858) 255-3267 J r..e~. No):(951) 231-2572 9855 Scranton Road Suite 100 ~tDAJ~ss: cal.cpu@hubinternational.com San Diego, CA 92121 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: GuideOne National Insurance Comoanv 14167 INSURED INSURER B: Burlinaton Insurance Comoanv 23620 Scott Fence INSURER c: Falls Lake Fire & Casualtv Comoanv 15884 dba: Stilson Kent Scott 1255 Distribution Way INSURERD: Vista, CA 92081 INSURERE: INSURER F: 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. 1f?"f TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMC:D WVD CMM/DDNYYYI CMM/DDNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -□ CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 X 70K100189-01 3/7/2022 3/7/2023 PREMISES (Ea occurrence I $ MED EXP (Anv one oerson) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [K] ~~T □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 2,500 A ~TOMOBILE LIABILITY ~~~2b~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO 70K100190-01 3/7/2022 3/7/2023 BODILY INJURY /Per oersonl $ -OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY /Per accident) $ --HIRED NON-OWNED FROPERTYit?AMAGE -AUTOS ONLY -AUTOS ONLY Per accident $ Comp/Coll Ded $ 1,000 B UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 -804BE01375-01 3/7/2022 3/7/2023 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION $ 0 $ C WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X FLA005898-05 6/1/2022 6/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [I] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the Named Insured during the current policy term. City of Carlsbad is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG201 O 12/19. Waiver of Subrogation with regard to Workers Compensation applies when required by written contract per the attached endorsement form WC040306 04/84. 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. 799 Pine Ave., Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~a]/4.L_ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 70K100189 01 00 CA COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 (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 Organization(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 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 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 include as an additional insured the person(s) or organization(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. 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. 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 work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 1219 (Blkt) © Insurance Services Office, Inc., 2018 Page 1 of 2 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. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 (81kt) 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 06-01-2022 Insured Stilson, Kent Scott (An Individual) Policy No. FLA005898-05 Insurance Company Falls Lake Fire & Casualty Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.