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HomeMy WebLinkAboutControlled Entrances Inc; 2014-03-18; PWM14-33PEMPWM14-33PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT AUTOMATIC GATE INSTALLATION AT OAK FACILITY This agreement is made on the _ day of Z^/^^.r-2014, by the City of Cartsbad, California, a municipal corporation, (hereinafter called "City"), and Controlled Entrances, Inc., a California corporation, whose principal place of business is at 29020 Lilac Rd,, 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, addendum(s) to said Plans and Specificafions, 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 condifions 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 Carlsbad 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 lifigation or in conjuncfion with litigation. Contractor acknowledges that California Government Code sections 12650 et seq,. the False Claims Act, provides for civil penalfies 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. AUTOMATIC GATE INSTALLATION Page 1 of 5 City Attorney Approved 2/7/13 AT OAK FACILITY PWM14-33PEM 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 participafing in contract bidding. Signature: /^^Jt'iA^^. Print Name: '7>a.UU 0 \a f (C REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicafing 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 rafing 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 addifional 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, resulfing 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 litigafion, arbitrafion, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby sfipulates that the proper venue and jurisdicfion 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 30 working days after receipt of Notice to Proceed. AUTOMATIC GATE INSTALLATION Page 2 of 5 City Attorney Approved 2/7/13 AT OAK FACILITY PWM14-33PEM CONTRACTOR'S INFORMATION. CONTROLLED ENTRANCES, INC. (name of Contractor) 789619 (Contractor's license number) B/1-31-15 (license class, and exp, date) 29020 LILAC ROAD (street address) VALLEY CENTER, CA 92082 (city/state/zip) 760-749-1212 (telephone no,] 760-749-6201 (fax no. (e-mail address) AUTHORITY. The individuals execufing 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 CONTROLLED ENTRANCES INC, a California corporation By: (sign here) (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California AGcijtdrvl( City Monogor, Doputy City Manager or"* / i Department Director \% as authorized by the City Manager •' Jim Howell \}e^f\-tSc e.r/^rf^ &c^re^sHfeZ (printTiame/fitle) / NADINE R.X3ANZ COMM. #2026026 NOTARY PUBUC • CAUFORNIA 2 SANDIEGO COUNTY " Comm. Exp. MAY 24, 2017 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: CELIA A. BREWER, City Attornt UbLiA A. BKbWbK, Ulty Attorney BY: ^}QJLX^r^ Assistant City Attorney \ AUTOMATIC GATE INSTALLATION AT OAK FACILITY Page 3 of 5 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ^ h 7) / ^ O 'JANE DOE, NOTARV PUBLIC On 3- iC)- riOl^ beforeme, N.)^/)^^, . Co.h7 DATE INSERT NAME, TITLE OF OFFICER - E.G.., personally appeared, '^^ra CP. \n r\i nnd rToo.^^U'e. Cl^.t^K who proved to me on the basis of satisfactory evidence to be the person(s))whose nam^^ ig/ar^subscribed to the within instrument and acknowledged to me that he/she/^^S executed the same in his/her/tlj^ip'authorized capacitydgs), and that by his/her/^ep signatures^ on the instrument the persoi^(S)^r the entity upon behalf of which the person(gjlcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PfJBLIC^GNATU (SEAL) NADINE R.W3AN2 COMM. # 2026026 Z NOTARY PUBUC • CALIFORNIA S SAN DIEGO COUNTY - Comm. Exp. MAY 24, 2017 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SF.CTION IS NOT REQUIRED BY LAW BUT MAV BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME To order supplies, please contact McGlone Insurance SerYices, Inc. at (916) 484 0804.