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HomeMy WebLinkAboutLekos Electric Inc; 2014-03-05; PWM14-31TRANPWM14-31TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SOUTH STATE STREET SAFETY LIGHT INSTALLATION This agreement is made on the day of 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Lekos Electric, Inc. whose principal place of business is 1370 Pioneer Way, El Cajon, CA 92020 (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 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: John Maashoff (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 ofthe 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. South State Street Safety Light Installation Page 1 of 5 Contract No. 4018 City Attorney Approved 2/7/13 PWM14-31TRAN 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 Contractor or subcontractor fcom participating in contract bidding. Signature: Print Name: JOV^\^ Ucko5 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 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. 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 ahd 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 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed. South State Street Safety Light Installation Page 2 of 5 City Attorney Approved 2/7/13 Contract No. 4018 PWM14-31TRAN CONTRACTOR'S INFORMATION. LEKOS ELECTRIC, INC. 1370 PIONEER WAY [name of Contractor) 588410 (street address) EL CAJON, CA 92020 (Contractor's license number) C-10; 02/28/14 (license class, and exp. date) 619 447 7661 (city/state/zip) 619 447 0402 (telephone no.] john@lekos.net (fax no.; (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 LEKOS ELECTRIC, INC. By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) nogcf. Deputy City Manager or i.W\ Department Director as authorized by the City Manager (print name/title) SCC^C^^S^ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ILa 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. .^EWEF^ City Attorney BY: Assistant City Attorne South State Street Safety Light Installation Page 3 of 5 Contract No. 4018 City Attorney Approved 2/7/13 PWM14-31TRAN 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. ofthe 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 A ^ ^ Total % Subcontracted: South State Street Safety Light Installation Page 4 of 5 Contract No. 4018 City Attorney Approved 2/7/13 PWM14-31TRAN EXHIBIT B JOB QUOTATION ITEM;^ • NO. ':UNFT COST QTY ^ ,^ • DESCRIPTION „ 4- PRICE 1 $26.00 320 LF Install 2" conduit $8,320.00 2 $3,300.00 SEA Install new street light foundation and pole $ 9,900.00 3 $ 150.00 SEA Install new pull boxes $ 750.00 4 $ 250.00 1 EA Connect to existing type 3 meter pedestal $ 250.00 TOTAL* $19,220.00 ^Includes taxes, fee's, expenses and all other costs. Provide all labor, equipment and materials necessary to install 3 new street lights as shown on the attached plan. All work shall be done in conformance with City of Carlsbad's Engineering Standards, Greenbook Specifications, San Diego Regional Standard Drawings, and Caltrans Standard Plans and Specifications. Item 1: Install 2" conduit from existing meter pedestal through new pull boxes to the new street lights. This item includes installation of three 10 gage wires necessary to provide a fully functioning street light system upon completion. Protect or restore all existing improvements. Installation to include restoration of ali existing improvements per city standards. Item 2: Install new street light foundation and poles per Caltrans Standard Plans, Greenbook, and City Standards, Installation shall include connection of conduit/wires as necessary to provide a functioning street light. Lamp fixture installation is not part of this contract. Street light poles shall be Ameron Pole Victorian Style IV VBS-4 poles, color 127. Item 3: Install pull boxes in accordance with City and Regional Standards. Protect or restore all existing improvements. Item 4: Connect to non-metered side of existing meter pedestal. Connection to include coring existing cabinet, conduit, wiring, and appurtenances necessary to provide a functioning street light system. South State Street Safety Light Installation Page 5 of 5 Contract No. 4018 City Attorney Approved 2/7/13 g CD 3 CO cc 5 NEW PULL BOX A LIGHT FIXTURE • STATE ST. NEW PULL BOX &• UGHT nXTVRE 90 LF. OF- r CONDUIT CONNECT TO EXISTING TYPE 3 METER PEDESTAL 5^. NEW UC^T nXTURE SCALE r = ,30'