HomeMy WebLinkAboutPalomar Flooring Inc; 2021-10-28; PWM22-1604FAC PWM22-1604FAC
Faraday Carpet Replacement Page 1 of 14 City Attorney Approved 1/20/2020
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FARADAY CARPET REPLACEMENT
This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Palomar Flooring, Inc., a California corporation whose principal place of business is 8525 Camino Santa Fe #F, San Diego, CA 92121 (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: Lauren Milliken (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. Contractor 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. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the 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 pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005
October 28th
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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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed.
CONTRACTOR’S INFORMATION.
Palomar Flooring, Inc. 8525 Camino Santa Fe #F
(name of Contractor)
984058
(street address)
San Diego, CA 92121 (Contractor’s license number) C-15 6/30/2023
(city/state/zip) 858-457-1122
(license class. and exp. date) 1000025735
(telephone no.) 858-457-1188
(DIR registration number)
6/30/2022
(fax no.)
carey@palomarfloors.com (DIR registration exp. date) (e-mail address)
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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
PALOMAR FLOORING, INC., a California r ratio
B·
By:
Mark Johnson, President & Secretary
(print name/title)
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation of the State of California
By:
Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. � 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. BREWER, City Attorney
BY: -------------Assistant City Attorney
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Faraday Carpet Replacement Page 5 of 14 City Attorney Approved 1/20/2020
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 DIR Registration No. License No., Classification & Expiration Date
% of Total Contract
Total % Subcontracted: _______________
The Contractor must perform no less than fifty percent (50%) of the work with its own forces
N/A
N/A
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Faraday Carpet Replacement Page 6 of 14 City Attorney Approved 1/20/2020
EXHIBIT B Faraday Carpet Replacement Contractor to provide all materials, tools and labor necessary to remove and replace a section of carpet on the first floor of the Faraday Center located at 1635 Faraday Ave, Carlsbad, CA 92008. All work and
materials to be consistent with the Contractor’s proposal dated August 23, 2021 and is attached to this agreement as Exhibit B. The scope of work shall consist of: • Demolition and disposal of existing carpet and cove base at specified area. • Conduct moisture testing at areas to receive new carpet. • Floor prep for new glue down carpet finish to include grind, scrap, sand, patch, and skim. • Install Owner provided carpet materials, contractor to provide adhesive. • Provide and install cove base at all areas where removed. • Provide and install appropriate transitions at flooring changes as necessary and seam carpet at appropriate areas. Notes: • Uzin Moisture System and Substrate (Item #2) to only be installed based on the results of moisture test in areas to receive new carpet. • Duration: No moisture barrier required, 5-6 days. Moisture barrier required, 7-9 days. • Portion of work to be completed during weekend hours. Additional cost is reflected in Item #1. JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 LS 1 Demo, prep, and install replacement carpet and cove
base. Includes moisture testing and bond.
$11,661.55
2 SF 3,600 Pending results of moisture test, install Uzin Moisture System and Substrate $18,000
TOTAL* $29,661.55
*Includes taxes, fees, expenses and all other costs.
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EXHIBIT B (Continued)
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EXHIBIT B (Continued)
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EXHIBIT B (Continued) Specs for Item #2 on table
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EXHIBIT B (Continued)
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EXHIBIT B (Continued)
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DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005
DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005
DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005
DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005
DocuSign Envelope ID: AF765C9F-9A6A-4AEF-B038-DB4FB412F005