Loading...
HomeMy WebLinkAboutSpec-7 Inc; 2014-12-30; PWM15-36PEMPWM15-36PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LAS PALMAS STOREFRONT SEALANT This agreement is made on the .dayof \/ [)^ri/^y^^A(^/^. 2014, by the City of Carlsbad, California, a municipal corporation, (hereinaftercalled 'City ), and Spec-7, Inc., a California corporation, whose principal place of business is PO Box 904 Yorba Linda, CA 92885 (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 Cartsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and matenals furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Zunke (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Cartsbad 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 Cartsbad 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. LAS PALMAS STOREFRONT SEALANT Page 1 of 5 City Attorney Approved 2/7/13 PWM15-36PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative 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 Carisbad to disqualify the Contractor or subc9Dt(actor from participating In contract bidding. Signature: ""T'^^^-'f-^ Print Name: /79/?/^<C /Wi/'Lc/^ /uD 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 ofwork. 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 Carisbad 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 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within twenty (20) working days after receipt of Notice to Proceed. LAS PALMAS STOREFRONT SEALANT Page 2 of 5 City Attorney Approved 2/7/13 PWM15-36PEM CONTRACTOR'S INFORMATION. SPEC-7, INC. (name of Contractor) 803282 (Contractor's license number) D12 (license class, and exp. date) Exp. 6-30-2016 PO BOX 904 (street address) YORBA LINDA, CA 92885-0904 (city/state/zip) 714-720-4293 (telephone no.) (fax no.) m@spec-7.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 SPEC-7, INC., a California corporation By: tk. y (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Califomia Assictant City Maaagor, Doputy City Manager ef Department Director as authorized by the City Manager Patrick Thomas By: -7 (sign here) <>/:d (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 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: CELIAA. BREWER, CityAttorney BY: Assistant City Attorney LAS PALMAS STOREFRONT SEALANT Page 3 of 5 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } L/Ouniy OT 1 I 1^ ^— J A On'Vjlt nM)l4 beforeme, (jnci/l- PiOqfS. f^OfarM ^U!oilt. Date *' . / ^ 7^ Here lnse(/Name ancTTitle of the Officer \ l I personally appeared M/l iT^. fA^UA^/LzYld, Nanne(s) of Slgner(s) UNDA ROGERS COMM. #1984000 m Ne«Myl*iM»CMomlt ifi y ORANQCOOUNTY 1^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/sho/they executed the same In his/hor/thoir authorized capaclty(ies), and that by hls/b©fi'thetrslgnature(s) on the instrument 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. WITNESS m\/hand and official, seil Place Notary Seal Above Signature OPTIONAL - 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 I DocumentA r \ A , . Number of Pages: Signer(s) Other Ttian Named Above: Capacity(ies) Claimed by Sgner(s) Signer's Name: • Individual Corporaite Officer — Tltle(s) • Partner — • Limited • General • Attomey In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. s): 'z'^^'^^' BSPiSliiSBB ^^^^ Top of thumb here Signer's Name: • Individual Corporate Officer — Tltle(s): Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association" 93S0 De Soto Ave., RO.Box 2402 •Chatsworth, CA 91313-2402'www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 PWM15-36PEM EXHIBITA 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 ofthe 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: LAS PALMAS STOREFRONT SEALANT Page 4 of 5 City Attorney Approved 2/7/13 PWM15-36PEM EXHIBIT B Scope of Work: Location: 2075 Las Palmas Carisbad, CA 92011 Demolition: • Remove Vinyl from Window Systems Work: Reseal Vinyl on Window Systems Install Bond Breaker Tap over Expansion Joints Clean Existing Windows and Frames to receive new Sealants Prime Existing Window Frames for Sealants Install new Sealants on all metal storefront frames. Contractor will be responsible for a daily site walk to ensure that the work site is clean. Contractor agrees to conduct a walkthrough after the work is complete. Any items that are related to the sealant replacement which are identified during the walkthrough from the Contractors work will be corrected by the Contractor at no cost to the City of Carisbad. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Replace sealant on all metal window and door frames at 2075 Las Palmas, Carisbad Ca, 92011 $11,500 TOTAL* $11,500 "Includes taxes, fee's, expenses and all other costs. LAS PALMAS STOREFRONT SEALANT Page 5 of 5 City Attorney Approved 2/7/13