HomeMy WebLinkAboutMark Sauer Construction Inc; 2009-09-23;CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
MISCELLANOUS ROOF REPAIRS TO HISTORIC STRUCTURES
AT 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 miscellaneous roof repairs to historic 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.
-1- Revised 03/13/02
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 por^factj&idding.
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
business of insurance in the State of California by the Insurance Commissioner.
-2- Revised 03/13/02
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.
Completion: Contractor agrees to complete all work, including any "punchlist"
work within 60 working days after receipt of Notice to Proceed.
-3- Revised 03/13/02
CONTRACTOR:
Mark Sauer Con^ftrj/ctib'n, Inc.
By:
(signhireT
(print name and title)
Bv:
(e-mail address))
.1> — -^
(sign here)
(print name and title)
ZftJI
(address)
(city/state/zip)
(telephone no.)
(fax no.)
(e-mail address)
*.f)M
-4-Revised 03/1 3/02
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me,bvurha/n ,
personally appeared a / / QjC /V
(Here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the personfe) whose namej£j($/are subscribed to
the within instrument and-aeknowledged to me that(W/she/they executed the same ir/hiyher/their authorized
capacity£jes), and that by|hj#/her/their signature^) on the instrument the person(s^, or me entity upon behalf of
which the personfe^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)
COMM. * 1844383 z
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ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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(Additional (nf&^nation)
CAPACITY CLAIMED BY THE SIGNER
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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.
•> 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 vl2.10.07 800-873-9865 www.NotaryClasses.com
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me,J" D UT l.
personally appeared flOdf/l
(Here insert name and title of the officer)
who proved to me on the basis of satisfactory evidenced be the personj^whose nameJ/sJJ£/are subscribed to
the within instrument and acknowledged to me that/ne/she/they executed the same ii/hUJlier/their authorized
capacity(ies); and that by/m^/her/their signature^ onthe instrument the person^), or meentity upon behalf of
which the personf^f actedTexecuted 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.
L Ls
Signature of Notary Public (Notary Seal)
\COMM. «1844383
Notary Puttie • CaHfornia 5
Riverside County "
MyComm. EjcpmsV 12,2013 f
*ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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(Title or description of attached document)
(Title or (Inscription of attached document continued)/y
Number of Pages ' Document Date
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
JLK Corporate Officerr V? VKMfil'WcKnk
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(Title) U 0
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 authorized 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 signers) 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/they^- 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.
•J> Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
•J" Indicate title or type of attached document, number of pages and date.
•J" 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 vl2.10.07 800-873-9865 www.NotaryClasses.com
ACTION BY WRITTEN CONSENT
OF THE SOLE DIRECTOR
OF
MARK SAUER CONSTRUCTION, INC.,
A CALIFORNIA CORPORATION,
EFFECTIVE MAY 1,2009
The undersigned, constituting the sole director of Mark Sauer Construction, Inc.,
a California corporation, hereby adopts the following resolutions to be effective as of
May 1,2009.
Appointment of Additional Officers:
The undersigned, desiring to appoint additional officers as authorized by the
corporation's Bylaws, hereby adopts the following resolution:
RESOLVED: That the following persons be, and they hereby are, elected
as officers of the corporation to the position set forth opposite their names, to serve as
such until the next annual meeting of directors, or until their successors have been
elected and have qualified.
Vice President, Project Management: Mark Green
Vice President, Administration: Janene Durham
Bank Account Signature Authority:
RESOLVED: That in the absence of the Chief Executive Officer and Chief
Financial Officer, the Vice President, Administration be and hereby is duly authorized to
sign checks drawn on the corporation's checking account.
RESOLVED FURTHER: That the Vice President, Administration be and
hereby is designated as a duly authorized user of the corporation's online banking
system for the purpose of conducting routine financial transactions and oversight on
behalf of the corporation.
Construction Bid Document Signature Authority:
RESOLVED: That the signature of the Vice President, Project
Management or Vice President, Administration shall be sufficient to bind the corporation
on public works construction bid documents.
IN WITNESS WHEREOF, the undersigned director has executed this Action by
Written Consent to be effective as of the date first above written.
DIRECTOR:
Mark Sau/r
Pagel
CITY OF CARLSBAD a municipal corporation of the State of California:
By:
Deputf City Manager
(address)
(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
officers) signing to bind the corporation.)
APPROVED AS TO FORM:
City Attorney
-5-Revised 03/13/02
EXHIBIT A
SCOPE OF SERVICES
Miscellaneous Roof Repairs to Historic Structures
at 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:
In all cases, the existing historic roof tiles are to be carefully removed from the area
needing repair and reused. If for some reason new replacement tiles are needed,
they should be selected to match existing (limited replacement in kind).
Leo Carrillo Ranch Historic Park is listed in the national, state, and local register of
historic places. All work should strictly adhere to the Secretary of the Interior's
Standards for Preservation (exterior features - roofs). National Park Service
Technical Preservation Service's Preservation Brief No. 4, "Roofing for Historic
Buildings," and "Standards for Preservation and Guidelines for Preserving Historic
Buildings - Roofs" have been attached to Exhibit A for reference.
1. Visitor Center
(Historic Caretaker's House): Item Cost: $11,000.00
• Assess and repair/patch/waterproof roof and flashing areas around
stone masonry chimney and two faux chimneys.
2. Hacienda: Item Cost: $18,400.00
Assess and repair/patch/waterproof roof and flashing areas around chimneys:
• Two (2) chimneys in hacienda (main wing)
• One (1) chimney in Horseman's Bedroom
• Closet roof (Horseman's Bedroom)
• One (1) chimney in Tony's Bedroom
• Dining room (East wall - main wing)
• Kitchen (above sink - main wing)
• Living Room (West wall - main wing)
Assess and secure all loose roof tiles around the entire perimeter of the
Hacienda, including the main and bedroom wings of the building. Many tiles are
loose and sliding off near the edge of the eaves. Replace any missing roof tiles
as necessary.
-6- Revised 03/13/02
Total Cost: $29,400.00
The total fee payable for services to be performed will be twenty nine thousand,
four hundred dollars ($29,400).
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.
-7- Revised 03/13/02