HomeMy WebLinkAboutJohnson Floors Inc; 2014-11-19; PEM1143PEM1143
AGREEMENT FOR WOOD FLOOR REFINISHING SERVICES
JOHNSON FLOORING, INC.
lis AGREEMENT is made and entered into as of the // day of
2014, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and JOHNSON FLOORS, INC., a California Corporation, ("Contractor").
RECITALS
City requires the professional services of a flooring contractor that is experienced in wood
floor refinishing. 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", 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 ninety (90) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be seven thousand one hundred thirty
dollars ($7,130). 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 harmless 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'
compensation is included as a loss, expense or cost for the purposes ofthis section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 1/30/13
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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 Califomia 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 ofat 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 ofthis 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 priorto City's execution ofthis 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. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal 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, ifthe 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
seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carisbad 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
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.
City Attorney Approved Version 1/30/13
PEM1143
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
JOHNSON FLOORING, INC., a Califomia corporation of the State of Califomia
corporation.
j/^"--^ By:
y _4signhere) -
(print name/title)
_ (Rign here) ^ ^ City Managor or Mayor or Director
Patrick Thomas
(print name/title)
By:
'/ ^^Jsignhere)
(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 Attomey
By:.
City Attorney Approved Version 1/30/13
ACKNOWLEDGMENT
State of Califomia
County of San Diego )
On November 5,2014 before me, Rebecca C. Johnson, Notary Public
(insert name and title of the officer)
personally appeared Kevin Johnson
who proved to me on the basis of satisfactory evidence to be the person(^ whose name(e)(|^are
subscribed to the within instrument and acknowled^d to me that(fi|)fshe)^hey executed the same in
(^l§)'hof/tb«<r authorized capacity(t«6^, and that by(ni|)fhef/thetr signature^ on the instrument the
personfe)*, or the entity upon behalf of which the person(»)f acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. 1^^^^ ^^^^W^^^^M*
Notary PubNc • CfUfornia S*n OitgQ County _
My Comm. ExplfwOct1.201Bl
Signature \/mm L • iAmrUSJ^K . (Seal)
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EXHIBIT "A"
SCOPE OF SERVICES
Scope of Work:
• Lightly abrade gym and wood floors with 120g sand screens.
• Tack floors clean
• Apply two (2) coats of Waxie Ultra Sport
• Timeline: The work will be performed between the following days: December 21-28. 2014
Locations:
1. Calavera Hills
2997 Glasgow Dr.
Carlsbad, CA 92010
Gym- $2,340
Recreation Room- $600
2. stagecoach Community Center
3420 Camino de los Coches
Cartsbad, CA 92009
Gym- $2,340
Recreation Room- $600
3. Harding Community Center
3096 Harding St.
Cartsbad, CA 92008
Recreation Room- $750
4. Heritage Hall
258 Beech Ave.
Cartsbad, CA 92008
Recreation Floor- $500
Total not-to-exceed amount - $7,130
City Attorney Approved Version 1/30/13