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HomeMy WebLinkAboutAce Welding and Fabrication Inc; 2014-06-05; PWM14-45PEMPWM14-45PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT METAL RAILING & FABRICATION This agreement is made on the . ^ day of '^^/^y/'^ , 2014, by the City of Carisbad, California, a municipal corporation, (hereia^ffSi^ called "City"), and Ace Welding and Fabrication, Inc., whose principal place of business jiW325 S. Coast Hwy. Oceanside, CA 92054 (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 Carisbad 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 Zunke (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. 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 Carisbad 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. IVIETAL RAILING & FABRICATION Page 1 of 5 City Attorney Approved 2/7/13 FOR CMWD AND FARMERS BUILDING PWM14-45PEIVI 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 Worl<ers' 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 insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 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. 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-five (35) working days after receipt of Notice to Proceed. METAL RAILING & FABRICATION Page 2 of 5 City Attorney Approved 2/7/13 FOR CIVIWD AND FARMERS BUILDING PWIVI14-45PEIVI CONTRACTOR'S INFORMATION. Ace Welding & Fabrication 1325 South Coast Hwy (name of Contractor) (street address) 991341 Oceanside, CA 92054 (Contractor's license number) (city/state/zip) C51 - 3/31/16 760 722 2588 (license class, and exp. date) (telephone no.) 760 721 1835 (fax no.) steve@aceweldinqoceanside.com (e-mail address) 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 ofthis Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation ACE WELDING & FABRICATION, INC., a of the State of California California corporation (sign here) Assist^fffCity Mapa§^, Deputy City IVIanager or Department£^^top . , |i / w / / or uepanmeniiisegorx ST^/fB'^ ^O'^ffil^ /1 ftJ ll)^T~~ authorized by the City Manager (print name/title) By: (sign here) ^^^^ /^.j^^^^J^yU^^^/>i ry^^ (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, Secretary, President, or Assistant Secretary, Vice-President 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 METAL RAILING & FABRICATION Page 3 of 5 City Attorney Approved 2/7/13 FOR CMWD AND FARMERS BUILDING CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cm CODE 9 nag State of California County of } 1(5 Dale before me I Here InseryName and Title ol Ihe Officer ^7 personally appeared 5TC Ph^e^^ ./'^K^KL (UJcoT^-e^O fA-v>4 Name(s) ol Signer(S7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. © 2010 National Notaiy Association • NatlonalNotaiy.org • 1-800-US NOTARY (1.800-876-6827) Item #5907 Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 991341 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 . only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 991341 ACE WELDING AND FABRICATION INC dba ACE FABRICATION Extract Date 4/25/2014 Business Information Business Phone Number: (760) 722-2588 Entity Issue Date Expire Date License Status Classifications Bonding 1325 SOUTH COAST HWY OCEANSIDE, CA 92054 Corporation 03/20/2014 03/31/2016 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C51 STEEL, STRUCTURAL CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY. Bond Number: 122117 Bond Amount: $12,500 Effective Date: 03/14/2014 BOND OF QUALIFYING INDIVIDUAL 1. https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 4/25/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 The Responsible Managing Officer (RMO) WOOTTEN STEPHEN MARK certified that he/she owns 10 percent or more of the voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 03/20/2014 WORKERS* COMPENSATION This license has workers compensation insurance with ZENITH INSURANCE COMPANY Workers' Compensation po,jj.y Number: Z072992601 Effective Date: 12/13/2013 Expire Date: 12/13/2014 Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 4/25/2014 PWM14-45PEM 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 License No., Classification & Expiration Date %of Total Contract A//A- Total % Subcontracted: METAL RAILING & FABRICATION Page 4 of 5 FOR CMWD AND FARMERS BUILDING City Attorney Approved 2/7/13 PWIVI14-45PEIVI EXHIBIT B Scope of Work: City of Carlsbad Water District: Supply Shop Drawings for approval by City of Carlsbad Public Works Staff before fabrication. Remove and recycle existing rails. All concrete coring and demolition will be conducted utilizing standard BMPs. Install an approved drainage method for the removable handrail sleeves. Fabricate and install Metal removable handrail. (See attached Drawing) Handrail sections will be Sft by Sft long. Maximum Weight per section is 55lbs. Metal Handrail will be painted. (Safety Yellow) Farmers Building: Remove and recycle existing rails. Provide and install approximately 24ft. (2pcs's @ 12ft.) of single run grab rail. Ensure that all materials are metalized, and primed. New Rails to be 1-1/2" round TS X .120 (1-1/2" OD). Existing Rails are 1-5/8" OD. Contractor shall ensure that all work complies with the most current ADA Standards for Accessible Design. Contractor will ensure that all work complies with the Occupational Safety & Health Administration (OSHA) or Cal OSHA, whichever is the most stringent. Reference: -Standard No. 1910 -1910 Subpart D- Walking Working Surfaces -1910.23 Guarding floor and wall openings and holes. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LF 80 City of Carlsbad Water District- Approximately 80lf of removable barricade rail. $6,455 2 LF 24 Farmers Building- Approximately 24lf of single run grab rail $1,560 TOTAL* $8,015 ^Includes taxes, fee's, expenses and ail other costs. METAL RAILING & FABRICATION Page 5 of 5 FOR CMWD AND FARMERS BUILDING City Attorney Approved 2/7/13