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HomeMy WebLinkAboutSouthwest Millworks Inc; 2015-09-16; PWM16-18PEMPWM16-18PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT This agreement is made on the ///^ dav oC"'"^/^^^^'.^^^^y{^/^1>^ of Carlsbad, California, a municipal corporation, (hereinafter c^e6 "City ), and Southwest Millworks, Inc., a California corporation, whose principal place of business is 7925 Dunbrook Road, Suite A, San Diego, CA 92126 (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 orthe 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: Jesse Zunke (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 ofthe Labor Code and section 4100 et seq. ofthe 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 currently registered and qualified to perform public work pursuantto Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 1 of 6 City Attorney Approved 4/11/15 PWM16-18PEM 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. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor nwjbe prevented from further bidding on public contracts for a period of up to five years and that dehzfmint by/another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subjpigl^e^rfrggC^jKficipating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. 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 a current Best's Key Rating of not less than "A-:VM"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 injuty 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. The full limits available to the named insured shall also be available and applicable to the City 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, injuty and liability of FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 2 of 6 City Attorney Approved 4/11/15 PWM16-18PEM 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 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, Caiifornia. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within eighty (80) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. SOUTHWEST MILLWORKS, INC. 7925 DUNBROOK RD STE A (name of Contractor) (street address) 791023 SAN DIEGO, CA 92126 (Contractor's license number) (city/state/zip) B General Building - Exp. 2/28/2017 858-578-4640 (license class, and exp. date) (telephone no.) 858-578-4661 (fax no.) Mikec_swmi@sbcglobal.net (e-mail address) /// /// /// /// /// /// /// FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 3 of 6 Gity Attorney Approved 4/11/15 'heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 791023 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. Business Information SOUTHWEST MILLWORKS INC 7925 DUNBROOK ROAD STE A SAN DIEGO, CA 92126 Business Phone Number:(858) 578-4640 Entity Corporation Issue Date 02/06/2001 Expire Date 02/28/2017 License Status This license is current and active. All information below should be reviewed. Classifications B - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond rhis license filed a Contractor's Bond with AMERICAN SAFETY CASUALTY INSURANCE COMPANY. 3ond Number: 413277 Bond Amount: $12,500 Effective Date: 12/03/2013 [Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) HOGAN CHRISTOPHER GEORGE certified that he/she owns 10 percent or more ofthe i/oting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 02/06/2001 Workers' Compensation This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY Policy Num ber:7600000939 Effective Date: 01/01/2013 Expire Date: 01/01/2016 Workers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=791023 8/26/201 Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matctiing your selections. Registration Year: Current Fiscal Year: 2016 PWC Registration Number: Contractor Legal Name: License Number: County: 791023 Select County Search 1 Contractor License Lookup Reset Search Results One registered contractor found. 1 Details Legal Name View i SOUTHWEST MILLWORKS, INC. Export as: Excel | PDF ; Registration 1 Nuinber 1000006569 County SAN DIEGO City SAN DIEGO Registration Expiration Date Date ; 06/30/2015 i 06/30/2016 v2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions Jobs at DIR Conditions of Use ' Privacy Policy Disclaimer ' Disability accommodation ; Site Heip Copyright © 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 8/26/2015 PWM16-18PEM 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 SOUTHWEST MILLWi California corporajjj By: Christop here) ogan / President CITY OF CARLSBAD, a municipal corporation of the State of California lic Works Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf_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 Othenwise, 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. BFIEWER, Cii BY: Assistant City Attorn FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 4 of 6 City Attorney Approved 4/11/15 PWM16-18PEM 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 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. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: NONE FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 5 of 6 City Attorney Approved 4/11/15 PWM16-18PEM EXHIBIT B Southwest Millworks, Inc. has agreed to perform all necessary work needed to replace kitchen cabinets and countertops at Fire Station 1 located at 1275 Carlsbad Village Drive, Carlsbad, CA 92008. Fabrication of new plastic laminate cabinetry and polymer acrylic (Meganite) counter tops will be manufactured offsite (non-prevailing wage) and will be transported/delivered by Southwest Millworks, Inc. Installation of cabinets and countertops will be installed with full height backsplashes (prevailing wage). All clean-up and haul away of previous countertops and cabinets, and any other construction materials & debris will be performed by contractor. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 . Manufacture plastic laminate kitchen cabinets. Manufacture polymer acrylic (Meganite) kitchen countertops - non-prevailing wage $12,659 2 1 1 Install kitchen cabinets, countertops and backsplashes - prevailing wage $2,695 TOTAL* $15,354 *lncludes taxes, fees, expenses and all other costs. FIRE STATION NO. 1 KITCHEN CABINETS, COUNTERTOPS AND BACKSPLASH REPLACEMENT Page 6 of 6 City Attorney Approved 4/11/15 SWMI Southwest Millworks, Inc. Contractor Specializing in Casework BID PROPOSAL August 10,2015 Bob Richardson City of Carlsbad Public Works 405 Oak Avenue Carlsbad, CA 92008-309 Project Name: Fire Station #1 Thank you for the opportunity of providing you with our bid proposal for the project referenced above. Please read our Scope of Work and Notes & Clarifications closely as they are an integral part of this bid proposal. Ali prices are fumished and installed unless noted otherwise and include all applicable taxes. Scope of Work: Replace existing kitchen cabinets with new plastic laminate cabinets and polymer acrylic (Meganite) countertops with full height backsplashes. Fabrication = $12,659 Prevailing Wage Installation = $2,695 Total Bid Proposal $15,354.00 Page I of2 7925 Dunbrook Road Suite A San Diego, CA 92126 Ph: 858.578.4640 Fax: 858.578.4661 Email: mikec_swmi@sbcglobaLnet Website: w«iw.southwestmillworksinc.com CA license 791023 AZ License R0C239296 SWMI Southwest Millworks, Inc. Contractor Specializing in Casework Notes & Clarifications: 1. Southwest Millworks, Inc. is registered with the State of Califomia as a Small Business. Supplier #1270460. 2. Southwest Millworks, Inc. is a licensed member of Architectural Woodwork Institute (aka Woodwork Institute of Califomia). All work will be fabricated and installed to specified grade standards. 3. Excludes LEED and FSC Certification. 4. Includes Prevailing Wage installation. 5. All work to be performed during normal business hours. 6. Price does not include bid or performance bonds. 7. In the event this proposal is accepted, a mutually agreeable schedule of billings and payments is to be negotiated and included in the content of the subcontract language. Thank you, Michael Cornish Southwest Millworks, Inc. Authorized to Proceed By: . Date: Page 2 of2 7925 Dunbrook Road Suite A San Diego, CA 92126 Ph: 858.578.4640 Fax: 858.578.4661 Email: mikec_swmi@sbcglobal.net Website: www.southwestmillworkslnacom CA license 791023 KL License R0C239296