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HomeMy WebLinkAboutProSpectra Contract Floorig / Pro Installations; 2010-07-01; PKRC491PUBLIC WORKS LETTER OF AGREEMENT Install Decorative Colored Quartz Epoxy Flooring in Restroom at Aviara Park (PKRC491) This letter will serve as an agreement between Pro Installations, Inc. DBA ProSpectra Contract Flooring - San Diego, a flooring company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install decorative colored quartz epoxy flooring in restroom at Aviara Park, per the Contractor's proposal dated May 21, 2010 and City specifications, for a sum not to exceed Four Thousand Nine Hundred seventy- five dollars ($4,975). This work is to be completed within 21 calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad 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, rules 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 work 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 attorney'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 workers compensation and employer's liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney 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 California 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 Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), 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 shall be aware of and comply with California Regional Water Quality Control Board, San Diego Region requirements. A. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction Revised 9/28/00 and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. B. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. C. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. E. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. F. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 6. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code actions 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Af init init 7. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for ity of Carlsbad to disqualify the Contractor from participating in contract bidding, init init 8. 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. 9. 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. Payment of prevailing wages is at contractor's discretion. -- 2 - Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Paul Harrison (Project Mgr) Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Department) (Address) Pro Installations, Inc. DBA ProSpectra Contract Flooring - San Diego (Name of By: •actor) ^Y/(Sign Here) stevoXanddreth@spectracf.com (E-mail Address) 740392 (Contractor's License Number) Steve Landreth, Division President (Print Name and Title) By:SEE ATTACHED RESOLUTION (Sign Here)(Print Name and Title) -mail Address) Department Head Date (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 BY: -Beptrty City Attorney - 3 -Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego 7/1/10On Date personally appeared before me, Rona Louise Deanne-Soler. Notary Public Here insert Name and Title of the Officer Steve Landreth Name{s) ol Signer(s) MMMMb*A4UlaAA*Ai RONAIOUISE DEANNE-SOIER Commission # 1703432 Notary Public - California San Diego County who proved to me on the basis of satisfactory evidence to be the person (^ whose name()50 is/aj&e subscribed to the within instrument and acknowledged to me that he/sfe/tr)©jj executed the same in his/r»r/tX»ir authorized capacity(i^s), and that by his/r^r/tr^r signature^) on the instrument the person(<s0, or the entity upon behalf of which the person(8) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct. Pisco Notary Seal Above WITNESS my hand and official seal. Signature. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: „ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages:. Signer's Name: D Individual D Corporate Officer —Titie(s): __ D Partner — P Limited D General D Attorney in Fact D Trustee D Guardian or Conservator a Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb Here Signer's Name:______. D Individual D Corporate Officer — Title(s): CI Partner — D Limited CI General D Attorney in Fact CI Trustee D Guardian or Conservator O Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 -Chatsworlh,CA 91313-2402• www.NatiorvalNolary.org Item S5907 Reorder: CaB Toll-Free 1 -800-876-6827 Pro Installations, Inc. d/b/aProSpectra Contract Flooring - San Diego 8320 Camino Santa Fe, Ste 1 San Diego, CA 92121 PROSPECTRA CONTRACT FLOORING A Berkshire Hathaway Company Phone: (858) 642-7429 Fax: (858) 642-7691 Proposal Submitted To Contractor Proposal Name Quartz Broadcast 4 Restrooms Attention Estimating Dept. Street City, State and Zip Ar San Diego, CA 92121 chitect Date of Plans Add# Phone ( ) - Fax ( ) - Job Name City of Carlsbad Public Works Job Street Aviara Carlsbad Ca. Job City, State and Zip CARLSBAD, CA 92008 Customer Job # None Date 05/21/10 Job# 29903 Proposal ID 47078 Customer PO None We hereby submit specifications and estimates for: Item Description Install Decorative Colored Quartz Epoxy Flooring Aviara Park 2 Mens rest rooms 2 Womens rest rooms Total 4 Base Bid Total:$4,975.00 Proposal Inclusions and Exclusions: 1. Excluded from the above pricing are overtime labor, demolition and removal of existing floor coverings and adhesives/mastics, abnormal subfloor prep, i.e., grinding, leveling, floating, moisture sealing, or ramping to other floor finishes, providing underlayments, washing and waxing resilient floors, vacuuming carpet, protective coverings, dumpsters and providing temporary heat, electricity or lighting. Also excluded is unidentified trade damage, composite clean up crews, compression of schedule and trade stacking. 2. Standard floor preparation is included to fill level expansion joints and hairline cracks up to 1/8th inch wide only. All other floor preparation is considered abnormal subfloor preparation and is excluded. 3. Amounts and prices are based upon blueprints and are subject to variance if physical measurements vary amounts. 4. All concrete slabs and other cementitious substrates to receive new floor coverings must be tested for moisture content. The industry standard calcium chloride test will be performed to determine the water vapor emission of said substrates. Floor coverings described in our proposal will only be installed on substrates that have a calcium chloride test result that meets the manufactureres requirements. 5. Unless otherwise noted and described, a cementitious final finish is applied over the designated moisture control system to facilitate a bonding surface for adhesives and coatings. We do not guarantee this surface to be "tile ready" and final prep work should be anticipated by the floor covering or coating installer. 6. Excludes Payment and Performance Bond, add 1% to contract amount if required. Customer: Contractor Signed:_Date: Page 1 of 2 Pro Installations, Inc. d/b/aProSpectra Contract Flooring - San Diego 8320 Camino Santa Fe, Ste 1 San Diego, CA92121 Proposal ID: 47078 PROSPECTRA CONTRACT FLOORING A Berkshire Hathaway Company Phone: (858) 642-7429 Fax: (858) 642-7691 We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of: Signature: Johnny Kalisek Johnny Kalisek $4,975.00 Conditions of Proposal: 1. This proposal may be withdrawn if not accepted within 30 days of its issuance. Spectra will consider reasonable requests to engage in negotiations for revisions to this Proposal, including signing a subcontract that incorporates the terms of this Proposal. A proposal not accepted within 30 days will be subject to price escalation for materials. 2. This proposal is subject to credit review and approval. Payment terms are net 30 days. Past due invoices are subject to service charges of 1.5% per month (18% per annum). In the case of any default, Customer shall pay Spectra's reasonable attorney fees and costs, including those on any appeal, even if no suit or action is filed. 3. All work shall be performed in a workmanlike manner according to industry standards. Areas to receive flooring shall be free and clear of debris. Any changes to the work shall be performed only after execution of a written change order. 4. Prior to commencement of Spectra's work: (a) Customer shall test all concrete sub floors receiving flooring for vapor emission levels and alkalinity per ASTM F-1869 and provide written results to Spectra, including a list of any sealers applied to the concrete sub floor; (b) If Customer does not provide such reports at least 10 days prior to commencement of Spectra's work, then Customer shall provide Spectra with access to all concrete sub floors for appropriate testing and Customer shall be responsible for the costs of such testing; and (c) Any concrete sub floors not meeting manufacturers' requirements for installation will require correction or the execution of a separate waiver agreement. 5. All work is contingent upon strikes, accidents or delays beyond Spectra's control. Customer shall carry insurance for all hazards, including fire. Spectra's workers are fully covered by Worker's Compensation and Liability Insurance. 6. Customer represents and warrants that: (a) the project site contains no hazardous or other dangerous substances, either exposed or concealed; or (b) Customer has given written notice to Spectra of all such substances and their location(s). To the fullest extent permitted by law, Customer shall indemnify, defend and hold Spectra harmless from any damage, claim, loss, expense and attorney fees related to Spectra's liability, if any, including any federal or state statute related to hazardous or other dangerous substances. 7. Spectra is fully licensed, bonded, and insured. This proposal does not include participation in any OCIP/CCIP or related programs. Requests for Spectra to participate in such programs may result in additional costs. Contract License #:740392 Expire Date : 9/30/2011 ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby ACCEPTED. You are authorized to do the work as specified. Customer: Contractor Signed: Date: Page 2 of 2 Pro Installations, Inc. d/b/a ProSpectra Contract Flooring Certificate of Officer and Signatory Authority The undersigned, Frederick L. Hooper, III, being the duly elected and acting Assistant Secretary of Pro Installations, Inc. d/b/a ProSpectra Contract Flooring a California corporation (the "Company") does hereby certify in the name and on behalf of the Company that he is authorized to execute and deliver this certificate and that: 1. Attached as Exhibit A hereto is a true and complete copy of the Certificate of Business: Fictitious Firm Name for Pro Installations, Inc., d/b/a ProSpectra Contract Flooring 2. Attached as Exhibit B hereto is a true and complete copy of the Joint and Unanimous Written Consent of the board of Directors and the Sole Shareholder in Lieu of the 2008 Annual Meeting showing the officers of-the Company. 3. The persons whose names are set forth below have been duly elected qualified and acting officers of the Company, holding on the date hereof officers set forth opposite their respective names, or are authorized to sign and the signatures, and each of such person is authorized to execute and deliver all documents required of the Company in connection with the performance required and any other documents required there under contemplated thereby. Name Daniel J. Clark Gerald R. Embry Frederick L. Hooper, III Scott E. Hampton Steven C. Landreth Office President Secretary Assistant Secretary Signatory Signatory Signature **Please note, Steve Landreth is the only signatory physically in the San Diego location authorized-to sign on behalf of Pro Installations, Inc. dba ProSpectra Contract Flooring.