HomeMy WebLinkAboutCasper Company; 2014-10-28;Cify of Carlsbad
OCT 2 0 20M
BUILDING DIVISION
AGREEMENT FOR Demolition of Fire Damaged Structure located at 1781 Skimmer Court
(Casper Company)
, THIS AGREEMENT Is made and entered into as of the 28th day of October, 2014, by
and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Casper Company,
a General Demolition Contractor, a California Corporation ("Contractor").
RECITALS
City requires the professional services of a General Contractor that is experienced in
demolition and abatement. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", "Notice to Abate" dated September 4* 2014, attached
and incorporated by this reference in accordance with the terms and conditions set forth in this
Agreement.
2. TERM
This Agreement will be effective for a period of 1 week from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be time and material to complete said
demolition of structure as described in Notice to Abate dated September 4"" 2014. The estimate
of costs is three thousand dollars ($ 3000.00), not to exceed ten thousand dollars ($10,000.00).
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (10%)
retention until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold hannless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
City Attorney Approved Version 1/30/13
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPUANCE WITH LAWS
Contractor will comply with all applicable local, state and federai laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
13. AMENDMENTS
City Attomey Approved Version 1/30/13
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
time schedule.
14. 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:
(sign here)
(print name/title)
6fiy Managor or Mayor or Director
ATTEST:
BARBARA ENGLESOf^^
City Clerk
(sign here)
T (Fjri'nt (gme/title) X
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.
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:
CELIAA. BREWER, CityAttorney
By:,
Assistant CityVAttorney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
See scope ofwork (attached) from Casper Company dated September 9, 2014.
City Attorney Approved Version 1/30/13
JS CaspeiConw •CORE DRILLING
•CONCRETE CUTTING
•ENVIRONMENTAL
• DEMOLITION
9-9-2014
TO:
ATTN:
FROM:
CITY OF CARLSBAD
WILL
NOAL QUINCI EIWAIL: noaK%caspereompanv.com CELL: 619-273-7540
PROJECT: 1781 SKIMMER CT, CARLSBAO
BUILDING DEMO TANDM
REMOVE EXISTING STRUCTURE LEAVING BUILDING SLAB IN PLACE.
DISPOSAL AND TRUCKING TO BE PROVIDED BY OTHERS.
IJ\B0R AND WATER CONTROL TO BE PROVIDED BY OTHERS.
NOT RESPONSIBLE FOR BUILDING SLAB DAMAGE.
T AND M RATES ARE LISTED BELOW.
LENGTH OF JOB DEPENDS ON THE AMOUNT OF TRUCKING PROVIDED.
PROJECT DURATION APPROX. 2 OAYS.
PROVIDE EXCAVATOR MOVE-ON AND liOVE-OFF $750.00 EACH WAY.
PROVIDE EXCAVATOR AHD OPERATOR AT $200.00 PER HOUR.
PROVIDE BOBCAT AND OPERATOR AT $130.00 PER HOUR.
PROVIDE UBOR AT $45.00 PER HOUR.
Demolition Proposal respectfully submitted by:
NOAL QUINCI
Projeet Manager Approval Signature:
Tim-'^jJ-tk^i
Date:
Exclusions from proposal: Bonds, permite, capping utilltiea, diaconnecte, safe off, LOCK OUT TAG OUT MUST BE
Pf RFORMED BY THE f LECTRICIAN PRIOR TO THE START OF DEMOLITION, capping of roof openings, temp walls, barricades
and signage, infectious control, romoval of any lab equipmerrt or any other equipment layout hazardous material removal
unless noted, rernoval of floor adhesive or any other adh^tves, floor or wall prep, patching, prevailing wages, damage to
utilities, any unforeseen conditions, any work not listed above.
3625 Bancroft Dr. -Spring Valley CA, 91977 -P. 619.S89.6001 -F. 619.S89.71 58 - UCENSE # 478960 .DOSH#730
CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of '•^X^crv ~D>vg^\p
On lO-n-lM before me. Kr^l ^KVIZ^ . )s^W^~PuvU'> c
Da's I Here Insert Name and Title of the Officer
personally appeared X'gDO.VseA O^cxrocco Gme\ Kgy>~~^\rty/y<~
Name(s) of Signer(s) ^ ^
KRIS JOI^S
Comnittien # 1988552
Notary PuMie • CaHfomia
San (Nago County ^
Uly Comm. Ex^ Any ^9,20\B j
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 tte/st^e/they executed the same in
trisThet^their authorized capacity(ies), and that by
IWhet^heir signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand andjalficiaLseaJ.
Place Notary Seal Above
OPTIONAL
Signature of Notary Public
Though the information beiow is not required by law, it may prat^aiuable to persons relying on the document
and could prevent frauduient removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages;.
Signer(s) Ottier Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name;
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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Signer's Name:
• Corporate Officer
• Individual
Title(s):
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of tfiumb fiere
5 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907