HomeMy WebLinkAboutMark Sauer Construction Inc; 2012-07-12;CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
MISCELLANOUS REPAIRS TO HISTORIC STRUCTURES
LEO CARRILLO RANCH HISTORIC PARK
IVIark 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 peri'orming all work under this agreement.
Contractor has had the opportunity to observe and walk the job-site, ask any questions
concerning the nature ofthe work to be performed, understands the uniqueness of the job-
site and agrees to all ofthe 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.
Wage Rates:
-1 - Revised 03/13/02
THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED.
The City of Carisbad 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 ofthe
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 ^r^period of up to five years and that
debarment by another jurisdiction is grounds fop^he City of Carisbad to disqualify the
Contractor or subcontractor from participating ii^^^ract bidding.
Signature:
Print Name: MAj^^lfC.
Commercial General Liability, Automobile Liability and Workers' Compensation
Insurance:
The 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 indicating coverage in a form approved by the California Insurance
Commission. The certificates shall indicate coverage during the period ofthe 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
By:
Jn here)
:
(e-mail address) ^ ^
(address) /
(city/state/zi|!^
(telephone no.)
(fax no.)
Revised 03/13/02
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of
On before me.
(Here inseh name and title of the ofificer)
personally appeared
who proved to me on the basis of satisfactory evideii^e to be the personj^ whose namej^^jfj/are subscribed to
the within instrument and acknowledged to me tha^^^^she/they executed the same in(m&%ef/their authorized
capacity(ies); and that bj^iyher/their signatur^j^s^n the instrument the persoiij^, or the entity upon behalf of
which the personj^ acteoTexecuted the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct. i "^^i** * " tjftHjjil* " "^^
COMM. *1844383 2
Notary PuMic-Ciiifornia g
Riwrside Coun^ WITNESS my hand and official seal.
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(1 me or laepiM-iption 01 attached docume^^ « .
(Title or description of attached document cohtinujed)
Number of Pages ^ Document DM^ W
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
(Title)
• Partner(s)
• Attomey-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 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/they, is /we) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notaiy 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
CITY OF CARLSBAD a municipal corporation ofthe State of California;
^eiH).y
(address)
(telfipbono no.)
ATTEST:
LORRAINE M. WOOD
City Clerk
b?:^ '..oj^^
(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. OthenA/ise, 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 City Attorney
^ 'JDepwty-City Attorney
5-Revised 03/13/02
EXHIBITA
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. Deedle's House: Item Value: $5,911
• Repair exterior plaster cracks
• Adobe brick and crack repairs throughout as needed
• Apply two coats of whitewash to entire exterior
• Apply two coats of whitewash to entire interior
2. Wash House: Item Value: $1,320
• Re-do stone drip line
• Pull back soil from the base of the wall
• Adobe repairs to base of wall
3. Historic Caretaker's House Item Value: $1,360
• Repairs - covered porch
• Repairs - adobe and plaster
• Paint -
4. Cantlna: Item Value: $888
• Adobe and plaster repairs and plaster repairs - lower east wall
• Paint - lower east wall
5. Hacienda - Arch and back patio Item Value: $3,401
• Remove mold and other organic growth
• Minor adobe repairs
• Paint area
• Add a sheet metal roof drain diverter at roof eve
• Prep and paint seat wall along Hacienda patio
6. Hacienda and Courtyard Stairs Item Value: $2,392
• Repair cement cracking on red carpet stairs (two sets from Hacienda
to lower patio)
• Repair adobe at building corner leading up to Deedie's House
Revised 03/13/02
7. Cabana: Item Value: $4,266
• Replace missing wood mantel over fireplace
• Apply new plaster coat (Aherns Chamber-Tech 2000) to inside of
fireplace chamber
8. Carriage House Item Value: $4,151
• Repair adobe wall - rear building
• Repair interior floor cracking
Total Cost: $23,689.00
The total fee payable for services to be performed will be twenty three thousand, six
hundred and eighty-nine dollars ($23,689).
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.
Revised 03/13/02