HomeMy WebLinkAboutDan Vaughn Masonry and Concrete; 2014-05-21; PKRC534Tracking #:PKRC534
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CARLSBAD VILLAGE DRIVE AND CONCORD ST DAMAGED STUCCO WALL REPAIRS;
CONT NO. PKRC534
This agreement is made on the ^1^^ day of f^^CJ , 20 tH: by the
City of Carisbad, Califomia, a municipal corporation, (hereinafter called'^ity"), and Dan Vaughn Masonry
& Conaete whose principal place of business is 1781 Costa Verde Lane, Vista, CA 92084 (hereinafter
called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents forthe
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 pertorm the woric 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 wKh this
Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in
conflict, this Contract wiil supers^e terms and conditions in the Contractor's proposai.
LABOR. Contractor will employ only skilled wortcers and abkle by all State laws and City of Carisbad
Ordinances goveming labor.
GUARANTEE. Contractor guarantees all labor and materials fomished and agrees to complete the
Project in accordance with directions and subject to inspection approval and acceptance by: Kyle
Lancaster
(City Project Manager)
PREVAILING WAGES NOT REQUiRED. The City of Carisbad is a Charter City. Cartsbad Municipal
Code Section 3.28.130 supersedes the provisions ofthe Califomia Labor Code when the public work is
not a statewide concem. Paymerrt 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 Califomia Govemment 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 infonmation or in reckless
disregard ofthe tmth or falsity ofthe information.
The provisions of Carisbad Munidpai Code sedions 3.32.025, 3.32.026, 3.32.027 and 3.32.028
pertaining to false daims are incorporated herein by reference.
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Tracking #:PKRC534
Contrador hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contrador may be prevented from further bidding on
public contrads for a period of up to five years and that debarment by another jurisdidion is grounds for
the City of Carisbad to disqualify the Contrador or subcdi^dor from partidpating in contract bidding.
Signature:
Print Name:
REQUIRED INSURANCE. The successfol contrador shall provide to the City of Carisbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Woricers'
Compensation Insurance indicating coverage in a form approved by the California Insurance
Commission. The certificates shall indicate coverage during the period of the contrad and must be
fumished 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 Gukle of at least A-:V and (2) are
admitted and authorized to transad the business of insurance in the State of Califomia by the Insurance
Commissioner.
Commercial General Liability Insurance of Injuries including acddental death, to any one person in an
amount not less than $500,000
Subjed to the same limit for each person on account of one accklent 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 pertormance
of the contrad, 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 priorto such cancellation.
The policies shall name the City of Carisbad as an addrtional insured.
INDEMNITY. The Contrador shall assume the defense of, pay all expenses of defense, and indemnify
and hold hannless the City, and its officers and employees, firom all daims, loss, damage, injury and
liability of every kind, nature and description, diredly or indiredly arising firom or in connedion with the
perfonmance of the Contrad or work; or from any failure or alleged failure of Contrador to comply with
any applicable law, mles 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 diredly or
indiredly fi'om the nature of the work covered by the Contrad, except for loss or damage caused by the
sole or adive negligence or willfol miscondud ofthe City. The expenses of defense include all costs and
expenses including attomeys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contrador agrees and hereby stipulates that the proper venue and jurisdidion for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
Califomia.
Start Woric: Contrador agrees to start within 10 working days after receipt of Notice to Proceed.
Completion: Contrador agrees to complete woric within 25 woricing days after receipt of Nottce to
Proceed.
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Tracking #:PKRC534
CONTRACTOR'S INFORMATION.
Dan Vaughn Masonry & Concrete
(name of Contrador)
#450969
(Contrador's license numt)er)
1/31/14
(license class, and exp. date)
1781 Costa Verde Lane
(street address)
Vista/CA/92081
(dty/state/zip)
(760) 519-4222
(telephone no.)
(fax no.)
JJDL83@sbcglobal.net
(e-mail address)
AUTHORITY. The indivkluals executing this Agreement and the instmments referenced in it on behalf of
Contrador each represent and wanrant that they have the legal power, right and adual authority to bind
Contrador lo the terms and conditions of this Agreemeni.
CONTRACTOR
By:
CITY OF CARLSBAD, a munidpai corporation of
the State of Califomia
By:
Deparffnent Diredor
as authorized by the City Manager
Chris Hazeltine
ATTEST
(sign here)
(print nameA'itte)
BARBARA ENGLESON
City Cleric
If required by City, proper notarial acknowledgment of executk}n by Contrador must be attached. If a
corporation. Agreement must be signed by one corporate offfcer fi'om 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^City Attqmeyy
BY:
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Tracking #:PKRC534
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the foil name and location of the place of business of each sub-contrador whom the
Contrador proposes to subconfrad portions ofthe Projed in excess of one-half of one percent ofthe total
bid, and the portion ofthe Project which will be done by each sub-contrador for each subcontract.
NOTE: The Contrador understands that if it fails to spedfy a sub-contrador for any portion of the
Projed to be perfonmed under the contrad in excess of one-half of one percent of the bkl, the
contrador shall be deemed to have agreed to perform such portion, and that the Contrador shall
not be .nermitted to sublet or subconfrad that portion of the woric, 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 fads constituting the emergency or necessity in accordance
with the provisions ofthe Subletting and Subcontrading Fair Pradices Ad (Sedion 4100 et seq.
of the Caiifomia Public Contrad Code).
If no subcontradors are to be employed on the projed, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
% of Total
Contract
Total % Subcontraded:
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EXHIBIT B
JOB QUOTATION
ITEM
NO.
UNIT QTY 1 DESCRIPTION PRICE
1 Projed 1
Cartsbad Village Drive and Concord St Damaged
Stucco Waii: Removal of damaged stucco wali and
replace to match as dose as possible. Clarifications:
1: Remove 3 posts and replace with treated 4x4 posts
wood frame to match existing lath, scratch coat, brown
coat and color coat to match as close as possible. 2.
Must have access from homeowners side ofwall. 3:
^lot responsible for any landscape or inigation. 4. City
o provide all traffic sians
$5,300
TOTAL* $5,300
"Includes taxes, fees, expenses and all other costs.
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