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HomeMy WebLinkAboutTim Whittier Welding; 2023-05-19; PWM23-2191UTILPWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 1 of 6 City Attorney Approved 2/14/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT AGUA HEDIONDA CHAIN LINK GATE REPLACEMENT This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Tim Whittier Welding, a sole proprietorship, whose principal place of business is 26830 Kiavo Drive, Valley Center, CA 92082 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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: Jesse Castaneda (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. DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C May19th PWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 2 of 6 City Attorney Approved 2/14/2023 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: ____________Tim Whittier_____________ 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. DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C PWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 3 of 6 City Attorney Approved 2/14/2023 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. 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. Tim Whittier Welding 26830 Kiavo Drive (name of Contractor) 901580 (street address) Valley Center, CA 92082 (Contractor’s license number) C-60, 08/31/2023 (city/state/zip) 760-740-9069 (license class. and exp. date) PW-LR-1000700702 (telephone no.) N/A (DIR registration number) 06/30/2023 (fax no.) Tw.welding@att.net (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C PWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 4 of 6 City Attorney Approved 2/14/2023 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 TIM WHITTIER WELDING, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Tim Whittier, Owner Vicki V. Quiram, Utilities Director, 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C PWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 5 of 6 City Attorney Approved 2/14/2023 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 NONE Total % Subcontracted: ______N/A_________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C PWM23-2191UTIL Agua Hedionda Chain Link Gate Replacement Page 6 of 6 City Attorney Approved 2/14/2023 EXHIBIT B AGUA HEDIONDA CHAIN LINK GATE REPLACEMENT JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION RATE PRICE 1 EA 8 Remove existing chain link on (4) gates and replace with galvanized expanded metal (2 panels per gate = 8 total) $975.00 $7,800.00 2 EA 2 Purchase and install (2) multi lock gate latches $850.00 $1,700.00 TOTAL* $9,500.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C ~ ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE(-,OorfYYY} ~ 09/01/22 THIS CERTIFICATE IS ISSUED AS A MATIER 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 oertlftcatl holder Is an ADDITIONAL INSURED, the pollcy(les) 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 stetement on this oertlftoata does not confer rights to the oertlfloata holder In lieu of such endorsement(s). PRODUCER CONTACT Fabv Cruz NAIIE: EMPLOYERS CHOICE INS SVCS INC !:?!~!-c---(760\431-0947 I f~.,_,. 1760)687-4007 2111 S El Camino Real #201 ~;!.':!~~~. Oceanside, CA 92064 INSURERISI AFFORDING COVERAGE NAICI License#: INSURER A : Obsidian Snaolaltv lnsuranoe Company INSURED INSURER&: Clur Spring Property and Casually Company Tim Whittler INSURERC : Tim Whittler Welding INSURERD : 26830 Klavo Dr. INSURERE: Vallev Center CA 92082 CA 92082 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. NOT'MTHSTANOING 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE ADOL SUBR POUCYEFF POUCYEXP Ua.TS l,u•- , __ POUCY NUMBER .... Ill X ~ GENERAL UABIUTY EACH OCCURRENCE $ 1000000 l ClA~E [X] OCCUR UI\Ml\l.>t: I U t<t:N I t:U $ 60 000 PREMISES IEa occurrence) -MED EXP IAnv one oerson) $ 60000 A -SCB-GL-000011078 06/27/22 08/27/23 PERSONAL & ADV INJURY s 1000000 GEN'l AGGREGATE LIIIIIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~POucYO~f~ □Loe PRODUCTS -COMP/OP AGG $ 1000000 OTHER: $ AUTOMOBILE UAIIIUTY f~~llNGLE LIMIT $ -Nf'fAUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -ALITOSONLY -ALITOS HIRED NON-OWNED rROPERTY DAMAGE $ ALITOS ONLY ALITOS ONLY Per accident\ --$ UIIBREUA UAB H OCCUR EACH OCCURRENCE $ -EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION X I ~~~TUTE I I OTH- AND EIIPLOYERS-LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [yJ NIA CWC00164001 09/09/22 09/09/23 E.L EACH ACCIDENT $ 1000000 B OFFlCERMEMBER EXCLUDED? Y (llandalory In NH) E.L DISEASE -EA EMPLOYEE $ 1000000 ~rssc~ ~PERATIONS below E.L DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarb Schedule, may be attached If,,_. apace la ,-qund) CERTIFICATE HOLDER Thia -la---. proof of irlsurwlce. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 26 (2018/03) The ACORD name and logo a.-. reglstared marks of ACORD DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C lnterinsurance Exchange of the Automobile Club Mailing Address: P.O. BOX 25001 SANTA ANA, CALIFORNIA 92799-5001 BINDER OF INSURANCE Name and Address of Lienholder or Additional Insured CITY OF CARLSBAD/CMWD C/0 EXIGIS INSURAN PO BOX 947 MURRIETA CA 92564 Policy Number: CAA139551837 NOTICE TO LIENHOLDER IN THE EVENT OF CANCELLATION OF THIS BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS' WRITTEN NOTICE OF CANCELLATION. Loan Number: -------------The lnterinsurance Exchange of the Automobile Club hereby acknowledges itself bound to the named insured for the coverages specified in the schedule subject to all the provisions of the Exchange's applicable policy form. The issuance of a policy to the named insured or, if a policy is in force, the issuance of an endorsement covering the automobile, boat or trailer described herein shall void this binder. A pro rata premium charge computed for the tenm of coverage in accordance with the current rates of the Exchange in effect at inception of the binder will be made unless such a policy or policy endorsement is issued. This binder shall not be construed to afford cumulative Insurance with any existing policy. Name of Insured: TIMOTHY ALAN WHITTIER DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car No. Year Trade Name Tvpe of B,:,dv ur Boat Identification Number 1 2004 DODG RAM 3500 CREW C 3D3LU38614G107580 ·-----· .------ •✓• indicates coverage bound and afforded. AUTOMOBILE INSURANCE LIMITS 0~ t.lAB!LITY Car# 1 Car# Bodily Injury Liability $1 ,000 thousand doli;,,rs, e~.::h perscn 0 □ $1,000 thousand dol!ars, .;ach occurrence Property Damage Liability $1,000 thousand dollars, each occurrence 0 □ Medical Payments □ □ Underlnsured/Unlnsured Motorists Not Less Than $15,000 each person/$30,000 each accident □ □ (a) Actual Cash Value less $1,000 deductible 0 □ Comprehensive (incl. Fire and Theft) □ □ Collision □ □ D Uninsured Deductible Waiver □ □ Uninsured Collision 0 □ WATERCRAFT INSURANCE (Boat) LIMITS OF LIABILITY "✓" indicates coverage bound and afforded. Bodily Injury Liability and Property Thousand Dollars, each occurrence Damage Liability Actual cash value not to exceed Limit of Liability of □ Physical Damage $ less $ deductible Effective Date of Binder: 03/29/2023 12:01 A.M. Pacific Standard Time This binder shall expire 30 days from the effective date or may be cancelled by the named insured at any time during such 30-day period. The Exchange may cancel this binder by mailing to the named Insured at the address shown above written notice stating when, not less than 10 days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient proof of notice. District Office: By: J0l10 (12110) LCAA0'00A Ol211l ACSC Management Services, Inc. ATTORNEY-IN-FACT (Authorized Representative) DocuSign Envelope ID: 6DB13CC3-C2C0-4BD8-BC4D-74AA118F550C • lnterinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Modified Renewal Declarations l We are pleased to offer you a renewal for your automobile insurance policy. To renew your policy, send at least the minimum payment on or ~ before the due date. Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set i forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your 8 policy. If any change to your policy or to the information we have on file results in a premium decrease during the policy period, the ~ lnterinsurance Exchange reserves the right to apply any refund due to your outstanding balance. NAMED INSURED (Item 1.) AUTO POLICY NUMBER: CAA 139551837 POLICY PERIOD (PACIFIC STANDARD TIME) TIMOTHY ALAN WHITTIER 26830 KIAVO DRIVE VALLEY CENTER CA 92082-6902 POLICY EFFECTIVE DATE: 04-02-23 12:01 A.M. POLICY EXPIRATION DATE: 04-02-24 12:01 A.M. VEHICLES VEH. YEAR MAKE MODEL IDENTIFICATION NO. NUMBER 1 2004 DODG RAM 3500 CREW C 3D3LU38614G107580 3 2013 HOND CIVIC LX 19XFB2F58DE212659 6 1966 DODG CORONET WH27E67310443 11 1972 PLYM SATILITE RH23G2G176481 12 1936 DODG HUMPBACK PANEL WGN 9249658 COVERAGES AND LIMITS Coverage Is not In effect unless a premium or the word "Included" Is shown. COVERAGES ffl Liability o Bodily Injury Property Damage Medical LIMITS OF LIABILITY $1,000,000 each person/ $1,000,000 each occurrence $1,000,000 each occurrence VEHICLE GARAGE ANNUAL .. VERIFIED SALVAGE USE ZIP CODE MILES MILEAGE COMMUTE 92082 25,001 -30,000 NO NO PLEASURE 92082 7,501 -10,000 NO NO PLEASURE 92082 1,501 -2,500 NO PLEASURE 92082 1,501 -2,500 NO PLEASURE 92082 1 -500 VERIFIED ANNUAL PREMIUMS Vehicle 1 Vehicle 3 Vehicle 6 Vehicle 11 Vehicle 12 $402 $376 $121 $121 $ 86 $233 $ 210 $71 $ 71 $ 50 I I I I I I I I I I : No Coverage: No Coverage: No Coverage: No Coverage: No Coverage Physical Damage (Acwal Cash Value unless otherwise stated, less deductible) Vehicle 1 Vehicle 3 Vehicle 6 Vehicle 11 Comprehensive ACV No Coverage No Coverage $35000 (Less Deductible) $1000 No Coverage No Coverage $500 Collision No Coverage No Coverage No Coverage $35000 (Less Deductible) No Coverage No Coverage No Coverage $1000 Car Rental Elcpense (Per Day) No Coverage No Coverage No Coverage No Coverage Uninsured Motorist ' I Vehicle 12 , ! ! ! I I I I No Coverage: $ 114 : No Coverage: No Coverage: No Coverage: : ! ! No Coverage: No Coverage: No Coverage: No Coverage: No Coverage ! ! ! ' ' ' I $90 I : No Coverage $39 : No Coverage I I I I I I I I I I No Coverage i No Coverage i No Coverage i No Coverage i No Coverage i No Coverage I Bodily Injury-$100,000 each person/ $300,000 each accident l i $118 $138 $44 $44 $33 Uninsured & Underinsured Vehicles Uninsured Deductible Waiver Uninsured Collision I I I I I I I I : No Coverage: No Coverage: No Coverage: Included , No Coverage I I I t : ' $15 ' $17 • $4 •No Coverage• $2 ---t-----Total Premium $ 882 $ 741 $ 240 $ 365 $171 PREMIUM DISCOUNTS Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy." • If at any time you choose to pay less than the full balance outstanding, finance charges of up to 1.5% per month of the balance outstanding wlll apply as explained In your bllllng statements, which are part of these declaratlons. .. To see the annual mileage for your expiring pollcy, please refer to the "Notice of Annual Mileage" page contained In your renewal package. PROCESS DATE 03-28-23 PLEASE ATTACH TO YOUR POLICY "No Coverage" indicates coverage not purchased. Total Annual Premium* (Includes all applicable discounts.) $ 2399 Less Policyholder Savings Dividend $ 103 Net Premium* -+----,-22-9-6...i (SEE REVERSE)