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HomeMy WebLinkAboutSeaside Heating & Air Conditioning Inc; 2015-04-27; PWM15-78PEMPWM15-78PEM CITY OF CARLSBAD IMINOR PUBLIC WORKS CONTRACT NEW VILLAGE ARTS THEATRE HVAC REPLACEMENT This agreement is made on the. day of /y /// / / , 2015, by the City of Carisbad, California, a municipal corporation, (hereinafter calfled "City''! and Seaside Heating & Air Conditioning, Inc., a Califomia corporation, whose principal place of business is 2942 Industry SL #A Oceanside CA 92054 (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 unless 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 Carisbad 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: Bob Richardson (City Project Manager) WAGE RATES. 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. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currentiy registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. NEW VILLAGE ARTS THEATRE Page 1 of 6 City Attomey Approved 3/6/15 HVAC REPLACEMENT PWM15-78PEM 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 infomiation or in reckless disregard of the truth or falsity of the information. The provisions of Carisbad 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 subject the Contractor to an administrative debannent proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debannent by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: /^ /irT i (^s^ /§^g-/^ <f~r REQUIRED INSURANCE. The successful 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 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 Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than $1,000,000 Property damage insurance in an amount of not less than $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the perfonnance 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 Carisbad as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 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, directiy or indirectiy 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 directiy 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. NEW VILLAGE ARTS THEATRE Page 2 of 6 City Attorney Approved 3/6/15 HVAC REPLACEMENT PWM15-78PEM 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 N/A working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within N/A working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. SEASIDE HEATING & AIR CONDITIONING 2942 INDUSTRY ST. #A (name of Contractor) 790514 (Contractor's license number) C20, C38, C4 (license class, and exp. date) Exp. 1/31/17 (street address) OCEANSIDE CA 92054 (city/state/zip) 760-643-1100 (telephone no.) 760-433-3904 (fax no.) cb@seasidehvac.com (e-mail address) /// /// /// /// /// /// /// /// /// /// NEW VILLAGE ARTS THEATRE HVAC REPLACEMENT Page 3 of 6 City Attorney Approved 3/6/15 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 790514 IISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. Business Information SEASIDE HEATING & AIR CONDITIONING INC 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Business Phone Number:(760) 643-1100 Entity Corporation Issue Date 01/26/2001 Expire Date 01/31/2017 License Status {This license Is current and active. All information below should be reviewed. Classifications 020 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING 038 - REFRIGERATION C-4 - BOILER, HOT WATER HEATING AND STEAM FITTING Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 9032661 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) BALCAR CHARLES DWAYNE certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. jEffective Date: 01/26/2001 Workers' Compensation This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD5025920 jEffective Date: 03/01/2014 Expire Date: 03/01/2016 Workers' Compensation History :ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=790514 4/16/20 Public Work's Contractor Registration Search Page 1 of 1 Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Ctiapter 1(commencing witli section 1720) of ttie Califomia Labor Code, Enter at least one searcli criteria to display active registered public works contractor(s) matching your selections. Registration Number; Contractor Legal Name: Contractor License Lookup License Number: 790514 Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date SEASIDE HEATING & AIR CONDITIONING, INC. 1000005586 CSLB:790514 01/14/2015 06/30/2015 Export as; Excel | PDF ( oinrisht i: 2014 State of ( alirornia https://efiling.dir.ca.gov/PWCR/Search.action 4/16/2015 PWM15-78PEM 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. CONTRACTOR SEASIDE HEATING & AIR CONDITIONING, a Califomia corporation Jimmie Sebring / President CITY OF CARLSBAD, a municipal corporation of the State of Califomia By: Public works Director as authorized by the City Manager Patrick Thomas By: (print name/titie) =^ (sign here) Charles Balcar / CFO (print name/titie) 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 ofthe 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: CELIA A./^REWER, City/Wjomey BY: Assistant City Attorney MUIAHIMII^MIW NEW VILLAGE ARTS THEATRE HVAC REPLACEMENT Page 4 of 6 City Attomey Approved 3/6/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otiier officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of S^hJ jQ / ^ G 5 ) On PififilL ^, -^^f-S before me. KA/?^AJ >^0CHv^M^^/9l/, A)o7)»/gy RJ/g^C , Date Here Insert Name and Title of the Officer personally appeared O^MMHe ^BS^/rO^AsiA C4A/?Z/',S A^LCA^ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ts^grg subscribed to the within instmment and acknowledged to me that he/s^«s<15fij>executed the same in hi3/h9r550ii£::&uthorized capacity(ies), and that by hiS!*ier<ReiDsignature(s) on the instalment 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 California that the foregoing paragraph is true and correct. OFFICIAL SEAL KAREN ROCHAMBEAU NOTORY PUBLIC-CALIFORNIA COMM. NO. 2034388 SAN DIEGO COUNTY MY COMM. EXP. OCT 2. 2018 J WITNESS my hand and official seal. Signature _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date; Corporate Officer — Title(s): Z'. Partner — Z Limited • General Z Individual • Attorney in Fact "~ Trustee Guardian or Conservator Z Other: Signer is Representing: •. Signer's Name: Z Corporate Officer — Titie(s): _i Partner — ._ Limited Z General individual Attorney in Fact Z Trustee Z Guardian or Conservator Z Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-8Q0-US NOTARY (1 -800-876-6827) Item #5907 PWM15-78PEM EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR 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 fails 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 perfomi 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. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address License No., %of be Subcontracted Classification & Total Expiration Date Contract NONE Total % Subcontracted: 0 NEW VILLAGE ARTS THEATRE HVAC REPLACEMENT Page 5 of 6 City Attorney Approved 3/6/15 PWM15-78PEM EXHIBIT B Description: Replace 10 ton heat pump Condensing Unit at the New Village Arts Theatre located at: 2787 State Street Carisbad CA 92008 Scope ofWork: Provide all labor, materials, and equipment to replace the existing 10 ton heat pump condensing unit with a new 10 ton Carrier Heat pump condensing uniL Disposal of existing unit included in the price. Contractor will include any Titie 24 Compliance. JOB QUOTATION Ma UNrr l>RICE 1 EA 1 Replace existing 10 Ton Carrier Heat Pump Condensing Unit. $6,857.00 TOTAL* $6,857.00 ^Includes taxes, fees, expenses and all other costs. NEW VILLAGE ARTS THEATRE HVAC REPLACEMENT Page 6 of 6 City Attorney Approved 3/6/15