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HomeMy WebLinkAboutMike Graham Construction; 2013-10-28; PWL14-16PEMPWL14-16PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIREBLAST LIVE FIRE BURN PROP CONTROL PANEL RELOCATION ($5000 or less) This letter will serve as an agreement between Mike Graham Constmction, a sole proprietorship (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to relocate one FireBlast live fire bum prop control panel, per the attached City specifications, for a sum not to exceed three thousand nine hundred dollars ($3,900). This work is to be completed within thirty (30) working days after Issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carisbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, mles or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, Injury and liability, howsoever the same may be caused, resulting directly or Indirectly from the nature of the wori< covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attomey's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall fUrnish policies of general liability insurance, automobile liability insurance and a combined policy of wori<ers compensation and employers liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is 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 Califomia by the Insurance Commissioner. Proof of all such Insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, Including Wori^ers Compensation laws (Division 4, California Labor Code) and the "Immigration Refonn and Control Act of 1986" (8USC, Sections 1101 through 1526), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are Included in this Contract. 5. The Contractor may be subject to civil p^alties for the filing of false claims as set forth in the Califomia False Claims Act, GovemmepJ^Code sections 12660, et seo.. and Carisbad Municipal Code Sections 3.32.025, et sea. CAJ^f^^init init Fireblast Live Fire Burn Prop Control ~ 1 ~ City Attorney Approved 6/18/13 Panel Relocation PWL14-16PEM 6. The Contractor hereby acknowledges that debamient by another jurisdk:^ Carlsbad to disqualify Ihe Contractor finom partidpating in ^ init init The Contractor agrees and hereby stipulates that the proper venue and Jurisdiclion for resolution of any disputes between the parties arising out of this agreement is San Diego County. Cailfbmia. 7. 8. The City of Carlsbad is a Charter City. Cartsbad Munldpad Code Section 3.28.130 supersedes the provisions of the Caiitonrilal.ebor Code when the public work is not a statewi Paymentof prevailing wages Is at Contractor's discretksn. 9. City Contact Jason Kennedy 760 931 2236 ContraK:tor Contact Mike Graham 949 322 1371 CONTRACTOR MIKE GRAHAM CONSTRUCTK)N, a sde proprietorship 12Buttonwood Irvine, CA 92614 949 322 1371 CITY OF CARLSBAD, a munkapal corporatton of the State of Califomia mikeaqraham(3>vahoo.com (sign here) (print name/title) Assictant City Manager, Deputy City Monogor or Department Director ^VOrc^-C as authorized by the City Manager By: (sign here) (print name/titie) (Proper notarial acknowledgment of executton by Contractor must be attached. Chairman, prescient or vk:e-presklent and secr^ary. assistant secretary, CFO or assistant treasurer must sls^ for corporatkm. Otherwise, the corporatton must attach a resoiutton certified by the secretary or assistant secretary und^ oorpOTate seal empowering the of!lcer(s) signing to bind the corporafion.) APPROVED AS TO FORM: CELIA A. BREWER, City Attomey BY: Fireblast Live Fire Bum Prop Control Panel Relocation 2 -City Attomey proved 6/ia/l3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of grange On "2 before me, Roya Tahmoresi, Notary Public -— (Here insert name and title of the officer) personally appeared vw v^ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(sXi|)^ subscribed to the within instrument and acknowledged to me that @^he/they executed the same in ^j^er/their authorized capacity(ies)7 and that by(@fher/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 Califomia that the foregoing paragraph is tme and correct. ^ 1 >^psv ROYA TAHMORESI \ Commission # 1901505 t WITNESS my hand and official seaL^,-^^^^^^-— t^J^l Notary Public - California (Notary Seal) 1 ^<^S^^^ Orange County g My Comm. Expires Sep 16. 20141 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titli or descrifpiqp of attached document) iofcumenf continued) Jl. (Title or description of attached dofcumenf continued) Number of Pages Document Pate (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer |_ \^ (Title) n Partner(s) • Attomey-in- • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM ' Any acknowledgment completed in Califomia 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 Califomia. In such instances, any altemative 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 infonnation 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. be/she/th^V 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 notaiy 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 tille (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 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 986631 DISCLAIMER: A license status check provides infomiation taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Extract Date 9/23/2013 Bonding Workers' Compensation 986631 MIKE GRAHAM CONSTRUCTION Business Phone Number: (949) 322-1371 12BUTrONWOOD IRVINE, CA 92614 Sole Ownership 09/10/2013 09/30/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR C-8 CONCRETE CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100230349 Bond Amount: $12,500 Effective Date: 08/29/2013 WORKERS' COMPENSATION This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 07/26/2013 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNimi=98... 9/23/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 Personnel List Other Licenses Conditions of Use | Privacv Policv Copynght © 2010 State of Califomia https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=98... 9/23/2013 SCOPE OF SERVICES 1. Mike Graham Construction will provide the following services and equipment to relocate the control service panel (CSP) for one office live burn simulator on the third floor of the Safety Training Center's commercial fire training tower: • Remove (1) 8" x 8" x 6" CSP from right hand wall adjacent to stairwell on third floor of the commercial burn tower. Patch holes and repair wall as required. Install 20 feet of 1" rigid conduit up wall surface and to new location specified by customer using (8) cement wall anchor assemblies. Install (2) 1 inch conduit connectors. Install (1) CSP back panel. Install (22) terminal blocks. Install (1) terminal and plate. Install (1) metal end stop. Install 50 feet of Ethernet cable. Install 50 feet of 14 gauge wire. Install (1) 1 inch close coupling. 2. Conduct functional and operational test of entire CSP and Fireblast live burn simulator to ensure the CSP properly communicates with the mainframe Fireblast computer system in the downstairs control room on the ground floor of the commercial fire training tower. 3. Complete clean-up and removal of all materials needed for maintenance and provide installation warranty to the Facility Manager. JOB QUOTE ITEM NO. QTY DESCRIPTION PRICE 1 1 Relocate one FireBlast live fire burn prop control panel $1,667.00 2 1 Tax (8.25% on materials only-$587) $ 48.43 3 1 Installation / Labor - 14 hours® $150/hr $2,100.00 TOTAL $3,815.43 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, MICHAEL A. GRAHAM, ann the sole proprietor of MIKE GRAHAM CONSTRUCTION. I hereby certify that MIKE GRAHAM CONSTRUCTION has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should MIKE GRAHAM CONSTRUCTION employ any person during the term of the Agreement with the City of Carlsbad for the FIREBLAST LIVE FIRE BURN PROP CONTROL PANEL RELOCATION project, then workers' compensation and employers' liability insurance will be obtained. Executed on this MICHAELA. GRAHAM is S day ' 2013at ,L-eO\hj£ . California Name Signature Sole Proprietor. Mike Graham Construction Title