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HomeMy WebLinkAboutCarpets by Phillips dba Phillips Abbey Carpet; 2008-03-19; PWGS344AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CARPET AND FLOORING REPLACEMENT SERVICES Carpets by Phillips dba Phillips Abbey Carpet No. 2 is entered into and effective as of the day of , 2016, extending and amending the agreement dated March 16, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City), and Carpets by Phillips dba Phillips Abbey Carpet, ("Contractor") (collectively, the "Parties") for Carpet & Flooring Replacement Services (PWGS344). RECITALS A. On April 6, 2009 the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a one-year period; and 5. The Parties desire to extend and fund the Agreement for a one-year period ending March 19, 2011. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on March 19, 2011 on an agreed price basis not-to exceed One Hundred Thousand dollars ($100,000). 2. Contractor will complete all work by March 19, 2011 and by March 19 of all subsequent Agreement years. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. C~ty Attorney Approved Vers~on #05 22 01 5. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: 1. (sign here) .- .- C (print nameltitle) ATTEST: (e-mail address) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Cor~oration, Agreement must be signed by one corporate officer from each of the following two groups. +Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation 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 R. BALL, City Attorney By: - Deputy City Attorney City Attorney Approved Verslon #05 22.01 2 AMENDMENT NO 1 TO EXTEND AND AMEND AGREEMENT FOR CARPET & FLOORING REPLACEMENT SERVICES Carpets by Phillips dba Phillips Abbey Carpet (PWGS344) his Amendment No. 1 is entered into and effective as of the (4 day of , 2009 extending and amending the agreement dated March 19, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Carpets by Phillips dba Phillips Abbey Carpet ("Contractor") (collectively, the "Parties") for Carpet & Flooring Replacement Services (PWGS344). RECITALS A. The Parties desire to extend and fund the Agreement for a period of one year ending March 19, 2010, and B. The Parties have negotiated and agreed that all fees will remain unchanged. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on March 19, 2010 on an agreed price basis not-to- exceed One Hundred Thousand dollars ($100,000) per Agreement year. 2. Contractor will complete all work by March 19, 2010 and by March 19 of all subsequent years. 3. All provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF corporation of] (print name/title) thueku>^0Hi'!lif (print name/title)',, -T****" ^v,,*,x (e-mail address) 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. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, 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: RONALD H-BALL, City Attorney -Deputy-City Attorney City Attorney Approved Version #05.22.01 REQUEST FORM - AUTO LIABILITY FACTORS IN SUPPORT OF REQUEST TO MODIFY AUTOMOBILE INSURANCE REQUIREMENT(S) Jenerally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the equirement(s) entirely. Requested bv: Heidi Versteeg - PW7GS March 31, 2009 (Name and Department) (Date) "he proposed modification(s) to the insurance requirement for PWGS344 - Carpet & Flooring Replacement Services Carpets by Phillips dba Phillips Abbey Carpet) is: (Name of contract) [~] Coverage in the amount of: [X] Request to Waive Any Auto Requirement FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) I | Category Assumption(s) NA: Category assumptions are not applicable, [explain]* [~] No Auto Use Required: All work is done off-site and/or requires no use of an automobile.* [this is not necessary if evident in scope of work] [X] Amount of driving required: Occasional meetings with staff or one/few site visits for a service such as maintenance.* Q Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product.* (~~1 Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain: include number of candidates RFP sent to and number responded if applicable]* Contract Amount/Term of Contract: $100,000.00. Work will be completed over a period of 1 yr Other*: "Employment" below must be completed. Cx] Employment: There is a negligible chance that the City will be liable for damages related to a vehicle acciden because the risk of a finding that the Contractor is employed by the City is negligible, [explain] Phillips Abbe; Carpet will be performing carpet and flooring replacement services. Driving is not a significant part of the worl and is limited to arrival and departure to and from various City facilities. There is little evidence to support ; claim that Phillips Abbey Carpet is an employee of the City of Carlsbad. Phillips Abbey Carpet does not own an' automobiles. It is difficult for service providers to obtain "Any Auto" covereage when they don't actually owi automobiles. The company maintains auto insurance that meets all the quality requirements of the contract fo "Hired Autos" and for "Non-Owned Autos". /? Approved by City Attorney for this contract onl (Signature) (Date) AGREEMENT NO. PWGS344 FOR CARPET & FLOORING REPLACEMENT SERVICES Carpets by Phillips dba Phillips Abbey Carpet PWGS344 THI3AGREEMENT is made and entered into as of the _ day of _ >^^C^> _ , 2008, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Carpets by Phillips dba Phillips Abbey Carpet, a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in carpet and flooring replacement. B. Contractor has the necessary experience in providing professional services and advice related to carpet and flooring replacement. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for four additional one year periods or parts thereof in an amount not to exceed one hundred thousand dollars and zero cents ($100,000.00) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #11.28.06 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed will be on a time and materials basis with the total not to exceed $100,000 annually. Unit prices will be in accordance with the those indicated on the Labor, Equipment, & Materials Costs Schedule attached hereto as Exhibit B. All materials will be new and subject to approval by the Public Works Supervisor, Facilities. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, California Generator codes, OSHA standards and any other regulatory requirements. The Contractor shall submit invoices to the Public Works Supervisor, Facilities, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of work performed or items serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. If an increase in compensation for service in succeeding option periods is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous contract term. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version #11.28.06 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #11.28.06 10. 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 of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 11.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability City Attorney Approved Version #11.28.06 limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on General Liability. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make City Attorney Approved Version #11.28.06 transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Thomas Moore Chuck or Barbara Ward PW Superintendent, Streets & Facilities Owner PW / General Services 4001 Avenida de la Plata Ste 101 City of Carlsbad Oceanside, CA 92056-5842 405 Oak Av 760-757-5033 Carlsbad, CA 92008 760-434-2980 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they City Attorney Approved Version #11.28.06 have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #11.28.06 8 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 27. 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. A. CQNTRACTO *By; (print name/title) CITY OF CARLSBAD, a municipal corporation off fe&.State/df California By: City Ma ATTEST: (e-mai^address 'By/^ here) (print name/title) « (e-mail address)' ' ff/nim\\\^ 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 B.*Group A. Chairman, President, or Vice-President 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 R. BALL, City Attorney By:. 711 LJUL eputy City Attorney 10 City Attorney Approved Version #11.28.06 EXHIBIT "A" SCOPE OF SERVICES PWGS344 CARPET & FLOORING REPLACEMENT SERVICES Carpets By Phillips Dba Phillips Abbey Carpet I. DUTY OF CONTRACTOR A. Design & Consultation Services 1. When requested by City, Contractor shall be available to assist with design of potential projects. Coordination between City and Contractor may include meeting with staff at various locations, taking accurate measurements for potential projects, and/or providing consultation services. B. Removal & Disposal 1. Contractor shall completely remove all existing flooring and cove base in the specified project area. Contractor shall properly dispose of discarded materials in accordance with all local, state, and federal regulations. 2. Contractor shall protect existing facilities from damage. Any and all damage resulting from removal process will the responsibility of the Contractor. City reserves the right to require the Contractor to complete the repairs, to require the Contractor to coordinate the repairs with a sub-contractor, and/or to coordinate the repairs through City resources and require the Contractor to pay for costs associated therefore. C. Surface Preparation 1. Contractor shall remove all residual debris left following removal of existing flooring. 2. Contractor shall clean and prepare the surface for installation of new flooring in accordance with industry standards. 3. Surface preparation costs will only be paid for areas requiring additional preparation over and above that required for normal removal and disposal of existing flooring. This will be determined by the City. D. Installation 1. Contractor will place new flooring as instructed by the City in accordance with industry standards as mutually agreed prior to the start of each job. City Attorney Approved Version #04.01.02 11 MATERIALS A. Contractor will supply the following standard flooring materials to be used for all installations performed under this agreement unless specified otherwise: 1. Carpet: Blue Ridge style Touchstone with Power Lock 20 System back and 100% solution dyed nylon yarn or pre- approved equal 2. Vinyl: Gerflor Classic Imperial homogeneous, multi-purpose commercial flooring or pre-approved equal 3. Wood: Junkers 7/8" Beech Harmony solid wood flooring or pre- approved equal 4. Cove Base: Roppe Pinnacle solid rubber base or pre-approved equal B. When otherwise specified, materials will be provided by the City. At the City's discretion, Contractor may be asked to provide non-standard flooring products for which Contractor will be compensated for actual material costs plus a reasonable percentage for overhead and profit not to exceed 15%. WORK PROCESS A. Design 1. City will contact Contractor whenever flooring replacement is necessary. City and Contractor will work together to design the project. This includes but is not limited to phone consultation, on-site meetings, and meetings with other City department staff. When meetings with other departments are necessary, a Facilities Maintenance staff member will be present. 2. City project manager will initiate the flooring replacement project by completing the top portion, side 1, of the "Flooring Project Request Form" (attachment C). This will specify the following: a) Request date b) Estimated completion date c) Type of work to be done d) Approximate dimensions and/or square footage e) Special instructions Project Manager will then forward the form to Contractor for completion of side 2, Project Cost Analysis. This will serve as the quote for the project so Contractor will be paid based on the quantities indicated thereon and the unit prices in accordance with the Labor, Equipment, and Materials Cost Schedule (Attachment B). Contractor will return completed form to Project City Attorney Approved Version #04.01.02 12 Manager within ten (10) calendar days unless otherwise specified. B. Construction 1. Once completed Flooring Project Request Form is complete and returned and Project Manger has coordinated with all concerned parties and determined that project is ready to begin, Project Manager will sign and date the bottom of the form, side 1, and return it to Contractor. This will serve as the "Notice to Proceed" for this project under the Agreement. 2. Contractor will then have five (5) working days to begin the project and fifteen (15) calendar days to complete the project unless otherwise specified. 3. Contractor will sign and date the "completed by" portion of the "Flooring Project Request Form" upon completion of the project. Form will be returned to the Project Manager for inspection prior to payment. C. Payment 1. Contractor will be paid after project site inspection and completion to the satisfaction of the Project Manager. 2. Contractor will submit an invoice for the completed project and payment will be made in accordance with the provisions of the Agreement. City Attorney Approved Version #04.01.02 13 LABOR, EQUIPMENT, & MATERIALS COST SCHEDULE Exhibit B PWGS344 for CARPET & FLOORING REPLACEMENT SERVICES Item No. Item Description with Unit Price or Lump Sum Price in Words FY04-05 Original Unit Price FY05-06 Extension #1 Unit Price FY06-07 Extension #2 Unit Price FY07-08 Extension #3 Unit Price FY08-09 Extension #4 Unit Price 1. Labor and equipment costs for carpet removal at zero dollars and fifteen cents per square foot. 2. Labor and equipment costs for vinyl flooring removal at zero dollars and eighty-seven cents per square foot. 3. Labor and equipment costs for wood flooring removal at two dollars and sixty cents per square foot. $0.15 $$$$ $0.87 $$$$ $2.60 $$$$ 14 City Attorney Approved Version #04.01.02 Item Description with Item Unit Price or Lump Sum No. Price in Words 4. Labor and equipment costs for surface preparation and carpet installation at zero dollars and fifty- five cents per square foot. 5. Labor and equipment costs for surface preparation and vinyl flooring installation at zero dollars and ninety- five cents per square foot. 6. Labor and equipment costs for surface preparation and wood flooring installation at three dollars and fifty cents per square foot. 7. Material costs for carpet as specified at two dollars and thirty-two cents per square foot. 8. Material costs for vinyl flooring as specified at two dollars and seventy- nine cents per square foot. Original Unit Price Extension #1 Unit Price Extension #2 Unit Price Extension #3 Unit Price Extension #4 Unit Price $0.55 $$$$ $0.95 $$$$ $3.50 $$$$ $2.32 $$$$ $2.79 $$$$ 15 City Attorney Approved Version #04.01.02 Item No. 9. Item Description with Unit Price or Lump Sum Price in Words Material costs for wood flooring as specified at one dollars and eiqht cents per square foot. Original Unit Price $1.08 Extension #1 Unit Price $ Extension #2 Unit Price $ Extension #3 Unit Price $ Extension #4 Unit Price $ 10. Project design & consultation services for project design at zero ars and zero cents per hour. ESTIMATED TOTAL AGREEMENT AMOUNT: \L TOTAL AGREEMENT AMOUNT: $0.00 $NTE $100,000 $ $ $ $ $ $ $ $ $ $ $ $ $ 16 City Attorney Approved Version #04.01.02 REQUEST FORM - AUTO LIABILITY FACTORS IN SUPPORT OF REQUEST TO MODIFY AUTOMOBILE INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s) entirely. Requested bv: Heidi Versteeq - PW/GS February 1. 2008 (Name and Department) (Date) The proposed modification(s) to the insurance requirement for PWGS344 - Carpet & Flooring Replacement Services (Carpets bv Phillips dba Phillips Abbey Carpet) is: (Name of contract) I | Coverage in the amount of: £3 Request to Waive Any Auto Requirement FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) I [ Category Assumption(s) NA: Category assumptions are not applicable, [explain]* No Auto Use Required: All work is done off-site and/or requires no use of an automobile.* [this is not necessary if evident in scope of work] Amount of driving required: Occasional meetings with staffer one/few site visits for a service such as maintenance.* Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product.* Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain: include number of candidates RFP sent to and number responded if applicable]* IEI Contract Amount/Term of Contract: $100.000.00. Work will be completed over a period of 1 yr D Other*: "Employment" below must be completed. IXI Employment: There is a negligible chance that the City will be liable for damages related to a vehicle accident because the risk of a finding that the Contractor is employed by the City is negligible, [explain] Phillips Abbey Carpet will be performing carpet and flooring replacement services. Driving is not a significant part of the work and is limited to arrival and departure to and from various City facilities. There is little evidence to support a claim that Phillips Abbey Carpet is an employee of the City of Carlsbad. Phillips Abbey Carpet does not own any automobiles. It is difficult for service providers to obtain "Any Auto" covereage when they don't actually own automobiles. The company maintains auto insurance that meets all the quality requirements of the contract for "Hired Autos" and for "Non-Owned Autos". _ Approved by City Attorney for this contract only:<^( ft-f&l (Signature) (Date)