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HomeMy WebLinkAboutRAI Development Corp; 2013-07-31; PWM14-01PEMPWM14-01PEM CITY OF CARLSBAD MINOR PUBLiC WORKS CONTRACT REMOVAL AND INSTALLATION OF FABRIC WALL COVERINGS FOR CITY HALL COUNCIL CHAMBERS ($45,000 or Less) This agreement is made on tiie 3 / ^ day of iXiJt X/ , 2013, by the City of Carlsbad, California, a municipal corporation, (hereinafter/called "City"), and RAI Development Corp. whose principal place of business is P.O. Box 882, Bellflower, CA 90707 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRiPTiON OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROViSiONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents untess excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto In accordance with this Contract or the Plans and Specifications, all of which are Incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project In accordance with directions and subject to inspection approval and acceptance by: Joe Garuba (City Project Manager) PREVAILING WAGES 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. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor 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. CITY HALL-COUNClL CHAMBERS Page 1 of 5 City Attorney Approved 2/7/13 FABRIC WALL COVERINGS PWM14-01PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrafive 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 sijj^oortfx^^ron) jpai^^^pg in contract bidding. Signature: Print Name: lonut Rus REQUIRED INSUIANCE. The successful 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. 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 clauses 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 an 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 inctude 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. Start Work: Contractor agrees to start within 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. CITY HALL-COUNCIL CHAMBERS Page 2 of 5 City Attorney Approved 2/7/13 FABRIC WALL COVERINGS PWM14-01PEM CONTIRACTOR'S INFORMATION. F^l Development Corporation P. O. Box 882 (name of Contractor) (street address) 969970 Bellflower, CA 90707-0882 (Contractor's license number) (city/state/zip) Class B and C10; expires 02/28/2014 562-412-3501 (license class, and exp. date) (telephone no.) 562^84-3640 (fax no.) johnrus@ymail.com (e-mall address) 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 ofthis Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: RAI DEV] Department Director as authorized by the City Manager David Hauser, Director / -r— ir /n ' ^ 'f—/ uavia nauser, uirecior fQ/Ui/l ^U> /^^S^P^(/CfV Property & Environmental Management (print name/title) / (print name/title) By: (sign here) (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attom BY \ A. DKtVVtK, L/ Assistant City Attorney CITY HALL-COUNCIL CHAMBERS Page 3 of 5 City Attorney Approved 2/7/13 FABRIC WALL COVERINGS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CnriL CODE § 1189 } State of California County of On 71^/u IhjlOQ before me, Oru/l-^' A I^X ah Jer fb I^J()ia^Su.hk , /X Here Insert Name and Title of the Officer / / Oate personalty appeared Name(s) of Signer{s) MY COMM. EXPj<jAR^J^^ who proved to me on the basis of satisfactory evidence to be the person(^$. whose name(s) is/aise subscribed to the within instrument and acknowledged to me that he/s)fe/tfiey executed the same in his/h©(^h^ authorized capacity(i©^), and that by his/hi^r/th^ signature(»^ on the instrument the person(§, or the entity upon behalf of which the person^ 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. Place Nolary Seal Above Signature: OPTIONAL — Signature of Notaiy Public 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: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM14-01PEM EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTFIACTOR Set forth below Is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it falls to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except In cases of public emergency or necessity, and then only after a finding, reduced In writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. ofthe California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: CITY HALL-COUNCIL CHAMBERS FABRIC WALL COVERINGS Page 4 of 5 City Attorney Approved 2/7/13 PWM14-01PEM EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 City Hall - City Council Chambers panel fabric wall covering removal and installation. $11,485.00 TOTAL* $11,485.00 Includes taxes, fee's, expenses and all other costs. Scope of Services 1. Removal of the old wall covering, insulation, plywood and track located on west wall of chambers, west and north walls of conference room and north and west wall of lobby. 2. Remove and recover peg board and sliding doors on west wall. 3. Install new 14 inch thick track and Recore acoustic insulation in same locations as old wall covering. 4. Install new Austere - Pebble Panel fabric over all new wall tracks. CITY HALL-COUNCIL CHAMBERS FABRIC WALL COVERINGS Page 5 of 5 City Attorney Approved 2/7/13