Loading...
HomeMy WebLinkAboutSummit Erosion Control Inc; 2014-04-30; PWM14-37TRANPWM14-37TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EROSION CONTROL AT PALOMAR POINT WAY & COLLEGE AVENUE This agreement is made on the . of yry?/^// 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter'Called "City"), and Summit Erosion Control, Inc., a California corporation, whose principal place of business is 12600 Stowe Drive, Suite 5, Poway, CA 92064 (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 Carlsbad Ordinances goveming 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: Clayton Dobbs (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad 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 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. EROSION CONTROL FOR PALOMAR POINT WAY & COLLEGE AVENUE Page 1 of 5 City Attorney Approved 2/7/13 PWM14-37TRAN 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 Carlsbad to disqualify the Contr^^or cJr«!Jbcontractor from participating 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: (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 pertormance 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 ali 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 3 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 5 working days after receipt of Notice to Proceed. EROSION CONTROL FOR PALOMAR POINT WAY & COLLEGE AVENUE Page 2 of 5 City Attorney Approved 2/7/13 PWM14-37TRAN CONTRACTOR'S INFORMATION. SUMMIT EROSION CONTROL, INC., a California corporation (name of Contractor) 841469 (Contractor's license number) B, D59, D63, D64, & C27 / exp. 8-31-14 (license class, and exp. date) 12600 STOWE DRIVE, SUITE 5 (street address) POWAY, CA 92064 (city/state/zip) 858-679-2100 (telephone no.) 858 679 2102 (fax no.) info@summiterosion.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 ofthis Agreement. CONTRACTOR SUMMIT EROSION CONTROL, INC. corporation CITY OF CARLSBAD, a municipal corporation of the State of California (printsiame/title) t City Manafger, Deputy City Manager or Department Director as authorized by the City Manager (sign here) ^ (print name/titif)' 7 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: CELIA A. BREWi^R, City Attorney BY: SEE ATTACHED For Notary Certificate EROSION CONTROL FOR PALOMAR POINT WAY & COLLEGE AVENUE Page 3 of 5 City Attorney Approved 2/7/13 ACKNOWLEDGMENT :ccrccKcci:ccKCKrEEECCf:i:i:crECK:ccEti:ccELCEtccEeKi:EKrB:cEi:ECccKEEKErccrcECCi-i State of California County of San Diego J ss. On ^ptil '3i t^i^ be^e me, 'uBiic, personally appeared rlM ig!, Notaryj erspnaii yvedJXo ine on liJfe who proveoUto me on liJe basis of satisfactory evidence to be the person(s) whose name(s) i^are subscribed to the within instrument and acknowledged to me that l}«J7s)Te/they executed the same in Ws/h€r/their authorized capacity(ies), and that by hj^m6r/their signatures(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 my hand and official seal. 1 OFFICiALSEAL fRANCHESCA SINGH _ NOTAIW f»UaiCOkUF0«NIAi COMM. NO. 2048344 2 SAN OIEGO COUNTY MY COMM. EXP. NOV. 7, 2017 i Signature (seal) OPTIONAL INFORIAATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Thumbprint of Signer Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice-President / Secretary / Treasurer Other: I I Check here if no thumbprint or fingerprint is available. Other Information: © 2008 Allsfate Notary Preparation, Inc, • (800) 689-8456 - ww.allslatenotary.com PWM14-37TRAN 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." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: 01, EROSION CONTROL FOR PALOMAR POINT WAY & COLLEGE AVENUE Page 4 of 5 City Attorney Approved 2/7/13 PW1VI14-37TRAN EXHIBIT B Contractor will include all labor and materials to remove and replace the current BMPs for SWPPP at the Palomar Point Way & College Ave. property. Contractor will remove old silt fence and properiy dispose of the materiai. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LF 1370 Medium grade silt fence. $479.50 2 EA 240 Wood Stakes for Silt Fence $240.00 3 EA 1960 Poly Gravel Bags $2077.60 4 HR 120 Labor to Remove & Replace Silt Fence & Poly Bags $3240.00 5 TAX 8% $223.77 TOTAL* $6260.87 "Includes taxes, fee's, expenses and all other costs. EROSION CONTROL FOR PALOMAR POINT WAY & COLLEGE AVENUE Page 5 of 5 City Attorney Approved 2/7/13