HomeMy WebLinkAboutSeaside Specialty Construction; 2014-07-03; PEM1100PEIVIIlOO
AGREEMENT FOR BATHROOM PARTITION REPAIR SERVICES
(SEASIDE SPECIALTY CONSTRUCTION)
THIS AGREEIVIENT is made and entered into as of the O day of
^yy^AV • 2014, by and between the CITY OF CARLSBAD, a municipal
atibpf ("City"), and SEASIDE SPECIALTY CONSTRUCTION, a sole proprietorship,
Contractor") for bathroom partition repairs/installation at Alga Norte Parl<.
RECITALS
City requires the professional services of a specialty contractor that is experienced in
retrofitting existing partitions with new hinges, and replacing a pilaster. Contractor has the
necessary experience in providing these professional services, has submitted a proposal to City
and has affirmed its willingness and ability to perform such worl<.
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 Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of forty five (45) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand forty two dollars
($3,042). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention until City has accepted the wori< and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. 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 attomeys
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 eariy termination of this Agreement.
City Attomey Approved Version 1/30/13
PEivmoo
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved
by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior written
notice to the City by certified mail. City will be named as an additional insured on General Liabiiity
which shall provide primary coverage to the City. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City priorto City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carisbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
City Attomey Approved Version 1/30/13
PEM 1100
14. 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 SPECIALTY CONSTRUCTION,
a sole proprietorship
(sign here)
Steve Gough / sole proprietor-owner
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
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.
Chaimian,
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. BREWER, City Attorney
Assistant City Attomey \
City Attorney Approved Version 1/30/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CmL CODE § 1189
State of California
County of \i\^<y<i
On0(j-'^^^ beforeme. CVv"^SVoPK<^<^ KcV>Mi WL<^. AfcH^^V pt/v6l.C .
Date Here Insert Name and Title of the Officer
personally appeared
Name^ of Signer^sf*
SSR^^
K COMM. #2057414 |
\ Notary Public - Califomia g
' SAN DIEGO I
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in-nnn-.'"" > iiiniiim mm^'
who proved to me on the basis of satisfactory
evidence to be the personj^af whose name^sf is/^rl
subscribed to the within instrument and acknowledged
to me that he/§l^eAI)^y executed the same in
his/f)6r/ll;)4ir authorized capacity(j^), and that by
his/ii^r/t|36ir signature^ on the instrument the
person(^ or the entity upon behalf of which the
person{A 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 Notary Seal Above
Signature:
OPTIONAL —
Signature of Notary 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 , \ r \
Title or Type of Document: AKVWr;V> \xi ^^fya {j/Xkri^hy
Document Date: Number of Pages:.
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Slgner(s)
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Consen/ator
• Other:
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing: Signer Is Representing:.
) 20)2 National Notary Association • NationalNotaryorg • 1-800-US NOTARY (1-800-876-6827) Item #5907
PEM 1100
EXHIBIT "A"
SCOPE OF SERVICES
Partition Repair at Alaa Norte Pari< (Men's and Women's ADA Stalls)
• Replace existing 4" damage pilaster. Replace with a 7" Pilaster made of matching material
and color.
• Replace existing hinges with a full length piano hinge on each ADA stall.
Hinge Upgrade
• Replace existing door hinges in Men's and Women's restroom in the five (5) remaining stalls
with full length Piano hinges.
City Attorney Approved Version 1/30/13