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HomeMy WebLinkAboutMobile Carpet Club Inc; 2016-12-07; PWM17-50GSCITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: ELMWOOD HOUSE FLOORING PO# P133193 CONT. NO.: PWM17-50GS Date Routed: ...-\\.p 11'1:[, Reasons for changes: Department Head Construction Management & Inspection Item 1 : Mobile Carpet Club, Inc. was contracted to remove and install new carpet at the Elmwood House located at 1255 Elmwood Ave. in Carlsbad. When the original carpet was being removed, areas of the existing vinyl floors were found to be damaged. The transitions between the carpet and existing vinyl were found in need of repair (or replacement). Considering the shared raised floor substrate, Mobile Carpet Club proposed the vinyl replacement service in continuance with the carpet installation. The vinyl planks will be Cortec Vinyl Plank (7-1/8" x 48") Saginaw Oak. The installation will include removal of old base/self-cove and prep for mocha colored rubber base (ranging in size: 4-6'). All floor prep and toilet wax ring replacement is included. This Change Order once authorized will secure funding consistent with the Mobile Carpet Club, Inc. proposal, all labor and equipment costs are included. COST ACCOUNTING SUMMARY: Original contract amount $9,175.00 Total amount this C/0 $2,400.00 Total amount of previous C/O's $0.00 Total C/O's to date $2,400.00 New Contract Amount $11,575.00 Total C/O's as % of original contract 26.16% Contingency amount encumbered $0.00 Contingency increase I decrease $0.00 Contingency Subtotal $0.00 Total C/O's to date $2,400.00 Contingency balance -$2,400.00 Project: PWM17 -50GS Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: ELMWOOD HOUSE FLOORING CONTRACT NO. ACCOUNT NO. CONTRACTOR: ADDRESS: PWM17-50GS 138-1010-7550 Mobile Carpet Club, Inc. 518 Washington Ave Escondido, CA 92025 Lic.#531713 CONT.NO.: PWM17-50GS P.O. NO. P133193 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specification for Public Works Construction, perform the following Item 1 Vinyl planks replacement of poor condition and damaged vinyl floor will be Cortec Vinyl Plank (7-1/8" x 48") Saginaw Oak. The installation will include removal of old base/self-cove and prep for mocha colored rubber base (ranging in size: 4-6'). All floor prep and toilet wax ring replacement is included in kitchen, bathrooms and entryway. This Change Order once authorized will secure funding consistent with the Mobile Carpet Club, Inc. proposal, all labor and equipment costs are included. TOTAL INCREASE TO CONTRACT COST ................................................ $2,400.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIVE (5) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: CONSTRUCTION MANAGER ~E~~~' (DATE} DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ELMWOOD HOUSE FLOORING PWM17-SOGS This agreement is made on the 1-\b. day of ~te.c , 201ie by the City of Carlsbad, California, a municipal corporation, (here1 fter called "C1ty"}, and Mob1le Carpet Club, Inc., a California corporation whose principal place of business is 518 W. Washington Ave., Escondido, CA 92025 (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: Michael O'Brien (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. ELMWOOD HOUSE FLOORING Page 1 of 6 City Attorney Approved 9/27/2016 PWM17-SOGS 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. 26, 3.32.027 and 3.32.028 pertaining ay subject the Contractor to an 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. ELMWOOD HOUSE FLOORING Page 2 of6 City Attorney Approved 9/27/2016 PWM17-SOGS 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (1 0) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Mobile Carpet Club, Inc. 518 Washington Ave (name of Contractor) (street address) 531713 Escondido/CA/92025 (Contractor's license number) (city/state/zip) Class C15 exp. 06/30/2016 760-7 40-9545 (license class. and exp. date) (telephone no.) 1000003523 760-7 40-9648 (DIR registration number) (fax no.) 6/30/2017 denis@carpetclub.com (DIR registration exp. date) (e-mail address) Ill Ill /II /II Ill Ill Ill ELMWOOD HOUSE FLOORING Page 3 of6 City Attorney Approved 9/27/2016 PWM17-SOGS 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. CITY OF CARLSBAD, a municipal corporation of the State of California /"~~By: ( _.//--- '~~~~~~~~----- (sign here) beOts ~e~,,Skifefan-i ( · t na e/title) .,.) i g Public Works Director by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f....g corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Deputy City Attorney ELMWOOD HOUSE FLOORING Page 4 of6 City Attorney Approved 9/27/2016 PWM17-SOGS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract KJr)nt , 4: Total% Subcontracted: __ __LL_Io,.L ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. ELMWOOD HOUSE FLOORING Page 5 of6 City Attorney Approved 9/27/2016 PWM17-SOGS The contractor will provide all equipment, materials and labor necessary to replace the carpet and fiber pad in the City's Arts Office I Elmwood House located at 1255 Elmwood Ave. in Carlsbad. This includes but not limited to removal of existing carpet and pad, patching holes and cracks of substrate, sweep and vacuuming of existing substrate, and all material needed to install new carpet by Mobile Carpet Club Inc. Mobile Carpet Club will clean-up all work spaces after each day of work/installation. Item 1: Remove and Replace Carpet and Fiber Pad in Arts Office I Elmwood House ITEM NO. 1 Demo Prep Material Labor UNIT LS Labor for removal of existing carpet and fiber pad/recycle all eligible materials Floor prep to fill holes and repair cracks, sweep and vacuum surface Shaw Contract (Double Knit) 5A093 Serene Sky (or similar). Fiber Pad is 30 ounce commercial grade. Labor to install fiber pad and carpet, includes all prep and material to install carpet and fiber pad to standards. Clean-up work space once installation is compete. JOB QUOTATION QTY DESCRIPTION PRICE 1 Remove, Prep and Replace Carpet and Fiber Pad in Arts $9,175.00 Office/ Elmwood House TOTAL* $9,175.00 *Includes taxes, fees, expenses and all other costs. ELMWOOD HOUSE FLOORING Page 6 of6 City Attorney Approved 9/27/2016