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HomeMy WebLinkAboutSeaside Specialty Construction; 2014-10-21; PWM15-30PEMPWM15-30PEM CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT CMWD ACOUSTICAL CEILING INSTALLATION This agreement is made on the ^CL/S-— day o\(^i^jf^jS!&'^ , 2014, by the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafler referred to as "CMWD", and Seaside Specialty Construction whose principal place of business is 7040 Avenida Encinas, Suite 104-304, Carlsbad, CA 92011 (hereinafter called "Contractor"). CMWD 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 perfonn 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 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: Bob Richardson (CMWD 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 pursuantto Sections 1770, 1773 and 1773.1 ofthe Labor Code. Pursuant to Section 1773.2 ofthe Labor Code, a current copy ofthe 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 executioh of the Contract. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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 inciude false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions ofCarlsbad 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. CMWD ACOUSTICAL Page 1 of 5 General Counsel Approved 7/23/14 CEILING INSTALLATION PWM15-30PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debamient 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 subpofilractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD 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 CMWD prior to such cancellation. The policies shall name CMWD and the City of Carisbad as additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CMWD and the City of Carisbad, 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 perfomnance ofthe 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 ofthe work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of CMWD or City of Carisbad. The expenses of defense include 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 10 working days after receipt of Notice to Proceed. CMWD ACOUSTICAL Page 2 of 5 General Counsel Approveci 7/23/14 CEILING INSTALLATION PWM15-30PEM CONTRACTOR'S INFORMATION. SEASIDE SPECIALTY CONSTRUCTION (name of Contractor) 631072 (Contractor's license number) C2&B (license class, and exp. date) Exp 10/31/2015 7040 AVENIDA ENCINAS #104-304 (street address) CARLSBAD, CA 92011 (city/state/zip) 760 268 0718 760 814 8848 (telephone no.) (fax no.) seaside.sa(S)qmail.com (e-mail 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 of this Agreement. CONTRACTOR SEASIDE SPECIALTY CONSTRUCTION, a sole proprietorship CARLSBAD MUNICIPAL WATER DISTRICT By:/ (sign here) Steve Gough / Sole Proprietor-Owner (print name/title) inogor, Doputy feutivo Manager or Division Djiectoc as Suthorized by the Executive l^anager Jim IHowell By: (sign here) (print name/title) If required by CMWD, 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: CELIA A. BREWER, General Counsel BY: .MX Assistant General Counsel CMWD ACOUSTICAL CEILING INSTALLATION Page 3 of 5 General Counsel Approveci 7/23/14 Check A License - License Detail - Contractors State License Board Page 1 of 3 Home I Online Services | License Details Contractor's License Detail for License # 631072 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations, (hide/show disclaimer) Business Information SEASIDE SPECIALTY CONSTRUCTION 7040 AVENIDA ENCINAS SUITE 104-304 CARLSBAD, CA 92011 Business Phone Number:(760) 814-8848 Entity Sole Ownership Issue Date 10/25/1991 Expire Date 10/31/2015 License Status [This license is current and active. ^ information below stiould be reviewed. Classifications https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 10/3/2014 Check A License - License Detail - Contractors State License Board Page 2 of 3 C-2 - INSULATION AND ACOUSTICAL B - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. iSond Number: SCI 003211 Bond Amount: $12,500 Effective Date: 03/02/2009 IContractor's Bond Historv Workers' Compensation [This license has workers connpensation insurance with the MARKEL INSURANCE; ICOMPANY IPolicy Number:MWC0021974 Effective Date: 01/01/2013 Expire Date: 01/01/2015 Workers' Compensation Historv https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 10/3/2014 PWM15-30PEM EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set fbrth 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 ofthe Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-cxjntractor for any portion of the Project to be perfomied 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 woric, 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 facets 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: CMWD ACOUSTICAL CEILING INSTALLATION Page 4 of 5 General Counsel Approved 7/23/14 PWM15-30PEM EXHIBIT B Scope of Work Provide all Labor, Materials, and Equipment to install acoustical ceilings at Carisbad CMWD New Engineering Offices at 5950 El Camino Real Carisbad, CA 92010 Front Lobby Area Construct a 20 Gauge steel superstructure that spans the center open pyramid skylight • Double 20 Gauge Studs • Build 24" On Center and provide blocking as necessary • Furnish and Install 288 SF of new 2'x2' Armstrong Prelude XL Heavy Duty Grid System and Armstrong #584 Cin-us 2x2x3/4" • Attach the suspended ceiling to the underside of the T-Bar Ceiling Labor: $1,567.00 Material: $1,925.00 Total: $3,492.00 Engineering Office Furnish and Install in two new Engineering Offices 336 SF of 2'x2' Armstrong Prelude XL Heavy Duty Grid System and Armstrong #584 Cirms Ceiling Tile. Labor: $1,156.00 Material: $832.00 Total: $1,988.00 Total Cost: $5,480.00 *lncludes taxes, fee's, expenses and ali other costs. CMWD ACOUSTICAL Page 5 of 5 General Counsel Approveci 7/23/14 CEILING INSTALLATION