HomeMy WebLinkAboutMark Sauer Construction Inc; 2009-07-09;CITY OF CARLSBAD
MINOR PUBUC WORKS CONTRACT
MISCELLANOUS REPAIRS TO HISTORIC STRUCTURES
LEO CARRILLO RANCH HISTORIC PARK
Mark Sauer Construction, Inc.
Labor:
Contractor propose to employ only skilled workers and to abide by all State and City of
Carlsbad Ordinances governing labor for each craft or type of worker needed to perform
the contract.
Scope of Work:
Contractor agrees to provide all labor, materials and equipment to perform all work as
outlined in Exhibit A - Scope of Services (attached hereto and made a part of this
agreement) for the general maintenance and repairs to historical structures at the Leo
Carrillo Ranch Historic Park, Carlsbad, California ("Park").
Contractor is fully aware that the Park will be open to the public Tuesday thru Sunday, and
Contractor shall provide temporary orange fencing or other barricades around work area to
protect the public from accessing the work areas. No work shall be performed on
weekends, but may be performed on Monday's when the Park is closed to the general
public.
Contractor shall observe and follow all appropriate safety requirements, including Cal-
OSHA standards while performing all work under this agreement.
Contractor has had the opportunity to observe and walk the job-site, ask any questions
concerning the nature of the work to be performed, understands the uniqueness of the job-
site and agrees to all of the terms and conditions of this agreement.
Guarantee:
Contractor hereby guarantees all labor and materials furnished under this agreement for
one (1) year, from the date of final acceptance of all work required under this agreement.
Contractor further agrees to complete all work in a timely and workmanlike manner
recognizing the historic nature of the Park and facilities. Notwithstanding Contractor's
status as an independent contractor, Project Manager, Mick Calarco will be available to
provide Contractor with directions only as to the finished project and not as to
methodology. Project Manager shall provide timely inspection approvals and acceptance
criteria.
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Wage Rates:
THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED.
The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130
supersedes the provisions of the California Labor Code when the public work is not a
statewide concern. The City Council has determined that it is not in the best interest of the
city to require the payment of prevailing wages for this project. Payment of prevailing
wages is at contractor's discretion.
False Claims
Contract 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 Carlsbad 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.
Contractor hereby acknowledges that the filing of a false claim may be subject to 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 cqprtrac't biding.
Signature:
Print Name:
Commercial General Liability, Automobile Liability and Workers' Compensation
Insurance:
The Contractor shall provide to the City of Carlsbad, a Certification of Commercial General
Liability and Property Damage Insurance and a Certificate of Workers' 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
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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 clause 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 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.
Term:
Start Work: Contractor agrees to start work within 10 working days after
receipt of Notice to Proceed.
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Completion: Contractor agrees to complete all work, including any "punchlisf
work within 60 working days after receipt of Notice to Proceed.
(print name and title)
(print name and title)
(address)
(felephone no.)
(fax no.)
(e-mail address)
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
before me,, Nptor
personally appeared
(Here insert name ai^d tite of the officer)
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.
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 and official seal.
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Ju b-f Parkbad
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages / Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
£a Corporate OfficerjV^d^rf-
nnnn
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorised capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/thoy, is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•> Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
•> Indicate title or type of attached document, number of pages and date.
•J4 Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com
CITY OF CARLSBADa municipal corporation of the State of California:
By:
(telephone no.)
ATTEST:
LORRAINE M.
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. 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:
RONALD LL, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Miscellaneous Repairs to Historic Structures
Leo Carrillo Ranch Historic Park
Mark Sauer Construction, Inc. (MSC) will provide all labor, equipment and
like-kind materials to complete the following tasks:
Scope of Work:
1. Deedie's House: Item Value: $6,241.00
• Mud/lime plaster and adobe repairs - all walls
• Repair buttress cracking
• Assess and repair or replace as needed window lintels on the east
and west walls
• Replace lintel over entry door
• Repair interior water damaged and cracking wall plasters
2. Wash House: Item Value: $2,010.00
• Repair damaged adobe - west and north west walls
3. Visitor Center - Historic Caretaker's House Item Value: $3,917.00
• Adobe repairs - Garage
• Adobe repairs - main structure east wall
4. Cantina: Item Value: $2,995.00
• Adobe and plaster repairs and plaster repairs - east wall
• Plaster and paint repairs near main entrance
5. Hacienda - main wing Item Value: $3,354.00
• Plaster and paint repairs near arch to upper patio
• Arch to patio plaster and paint repairs
• Interior wall plaster and paint repairs near east fireplace
6. Hacienda Courtyard Item Value: $3,917.00
• Assess and repair or replace as needed rotted porch support beam
(west porch)
• Adobe and plaster repairs "Su Casa Amigo" arch
• Adobe and plaster repairs - Arch to Deedie's House
7. Stables: Item Value: $2,946.00
• Assess existing stable door and repair or replace as needed east
entrance doors (wood) to match existing
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8. Hacienda Bedroom Wing Item Value: $2,011.00
• Adobe and plaster repairs - north wall
• Repair and re-point Saltillo tiles on patio (outside west entrance to the
Horseman's Bedroom)
9. Horseman's Bedroom Item Value: $1,547.00
• Interior plaster and paint repairs - fireplace
• Interior plaster and paint repairs - closet
10. Tony's Bedroom Item Value: $568.00
• Interior plaster and paint repairs - closet
Total Cost: $29,506.00
The total fee payable for services to be performed will be twenty thousand dollars
($29,506).
Invoices shall be submitted to the Project Manager as each task is completed
during the term of the contract. The Project Manager shall review and approve the
non-disputed amount for payment. As to any disputed amount, the Parties agree to
use their best efforts to meet and confer in an effort to resolve any dispute before
seeking judicial intervention.
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