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HomeMy WebLinkAboutWind and Shade Screens Inc; 2014-05-13; PKRC537Tracking #:PKRC537 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CARLSBAD HISH SCHOOL REPLACEMENT OF TENNIS COURT WINDSCREENS; CONT. NO. PKRC537 This agreement is made on the _ _ day of fAcLCf 20J^, by the City of Carisbad, California, a municipal corporation, (hereinafter called^City"), and Wind & Shade Screens Inc. whose principal place of business is 1225 Linda Vista Drive, San Marcos CA 92078 (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 Specificafions, the General Provisions, addendum(s) to said Plans and Specificafions, 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 Carisbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with direcfions and subject to inspecfion approval and acceptance by: Kyle Lancaster (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carisbad Municipal Code Secfion 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 discrefion. 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 anficipafion of litigafion or in conjuncfion with litigafion. 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 informafion or in reckless disregard of the truth or falsity of the informafion. 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. CHS Tennis Court Windscreen Replacement; CONT. NO. PKRC537 Page 1 of 5 City Attorney Approved 2/7/13 Tracking #:PKRC537 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 jurisdicfion is grounds for the City of Carisbad to disqualify the Contractor nr suiafiftj^agtnr frnm partif^ipating in contract bidding. Signature: Print Name: 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 indicafing 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 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 descripfion, directly or indirecfiy arising from or in connecfion 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 direcfiy or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or acfive negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitrafion, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby sfipulates that the proper venue and jurisdicfion 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 10 working days after receipt of Nofice to Proceed. Complefion: Contractor agrees to complete work within 25 working days after receipt of Nofice to Proceed. CHS Tennis Court Windscreen Replacement; CONT. NO. PKRC537 Page 2 of 5 City Attorney Approved 2/7/13 Tracking #:PKRC537 CONTRACTOR'S INFORMATION. Wind & Shade Screens Inc. (name of Contractor) 1225 Linda Vista Drive (street address) San Marcos / CA / 92078 (Contractor's license number) , (license class, and exp. date) (city/state/zip) (800) 423-6996 (telephone no.) (fax no.) wnnshd@aol.com (e-mail address) AUTHORITY. The individuals execufing 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 condifions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporafion of the State of California (print name/fitle) artmeiif Director as authorized by the City Manager Chris Hazeltine ATTEST: ^ (sign here, . f/FT^IC/A Ar- S:?/2^^/e/<^/^'tyClerk (print name/title) '. BARBARA ENGLESON /f I T If required by City, proper notarial acknowledgment of execufion 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 corporafion 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: ity Attorney City Attorney CHS Tennis Court Windscreen Replacement; CONT. NO. PKRC537 Page 3 of 5 City Attorney Approved 2/7/13 Tracking #:PKRC537 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and locafion 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 wrifing as a public record of the Awarding Authority, setfing 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 f Total % Subcontracted: CHS Tennis Court Windscreen Replacement; CONT. NO. PKRC537 2/7/13 Page 4 of 5 City Attorney Approved Tracking #:PKRC537 EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Project 1 Replacement of tennis court windscreen on the nine tennis courts at Carisbad High School. Fabric used for replacement will be 9' tall Closed Mesh Green Polypropylene with reinforced edges and grommets placed every 18" around the perimeter of each panel. A center reinforcement will be used to provide attachment of all screens at the top, middle and bottom, pricing includes new fabric with tax and installation: Fabric $6,054.75 + tax $484.38 = $6,539.13 Installation: $3,062.45 $9,601.58 TOTAL* $9,601.58 'Includes taxes, fees, expenses and atl other costs. CHS Tennis Court Windscreen Replacement; CONT. NO. PKRC537 2/7/13 Page 5 of 5 City Attorney Approved 04/15/2814 07:16 7607514998 WINDANDSHAF PAGE 01 WIND & SHADE SCREENS INC I Send to: OTY OF CARLSSAO I AttenHoniPAUl. MEADOWS I omi% UKationCARLSSAO 1 Fax Number: 76<M34-7185 .LEATHE < From: PAW. Offlce Location: Phone Numbe-; Number of Pages, bifuding SAN MARCOS 800 423-6996 Q REPLY ASAP a PLEASE COMMENT Qjwer. 1 3 PLEASE rfeviEW a FOR Vt)UR IWORMATIQN Cl DSEO PROPOSAL FOS KB>LACEMENT OP TENNiS COURT WINDSCREEN ON T HIGH SCHOOL. PAB^IC USED fOR REPlACeMENT WILL BE A 9' TALL Cl WITH RBNFOPC6D EDGES AND GROMMETS PLACED EVERY 18" AROL CENTER RBNRDRCEMENT WILL BE USED TO PROVIDE ATf ACHMENT 0( AND BOnOM. PPICING INCLUDES NEW FABRIC. INSTALLATION, AND * FABRIC: $605^.75 TAX : $484.33 INSTALL : $3062.45 PLEASE CALL WITH ANY QUESTIONS. WANK YOU FOR THE OPPORTUNp' SINCERELY, PAUL LEATH&M WIND S. SHADE i 225 LINDA VISTA DRIVE SAN MARCOS CA 92078 g0O-42?-6996 PROPOSAL IE NINE TENNIS COURTS AT CARLSBAD •O MESH GREEN POLYPROPYLENE THE PERI.V.eTER OF EACH PANEL. A ALI SCREENS At THE TOP. MIDDLE AX. TO 8ID ON THIS PfeOJECT.