HomeMy WebLinkAboutS&J Builders and Restoration Services Inc; 2023-04-26; PWM23-2171FACPWM23-2171FAC
PFHQ - Moisture Testing; Cont. No. 4715 Page 1 of 9 City Attorney Approved 02/14/2023
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
POLICE & FIRE HEADQUARTERS - MOISTURE TESTING; CONT. NO. 4715
This agreement is made on the ______________ day of _________________________, 2023,
by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and S&J
Builders and Restoration Services, Inc., a California corporation whose principal place of business
is 10815 Wheatlands Ave., Suite J, Santee, CA 92071 (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"), inclusive of
work identified in Exhibit B, Police & Fire Headquarters - Moisture Testing.
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, as
contained in the Standard Specifications for Public Works Construction “Greenbook,” latest
edition and including all errata; Part 1 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
Steven Stewart (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.
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
April 26th
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PFHQ - Moisture Testing; Cont. No. 4715 Page 2 of 9 City Attorney Approved 02/14/2023
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.
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.
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 (5) years and that debarment by another
jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from
participating in contract bidding.
Signature: ___________________________________
Print Name: ________Gracie Wilson________________
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 California admitted insurers that have a current Best's Key Rating of not
less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved
Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners
(NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person
in an amount not less than……..$1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
….…$1,000,000
Property damage insurance in an amount of not less than……..$1,000,000
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
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PFHQ - Moisture Testing; Cont. No. 4715 Page 3 of 9 City Attorney Approved 02/14/2023
Automobile Liability Insurance in the amount of $1,000,000 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 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. The full limits available to
the named insured shall also be available and applicable to the City as an additional insured.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits
as required by the California Labor Code. Workers’ Compensation will not be required if
Contractor has no employees and provides, to City’s satisfaction, a declaration stating this.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain
a valid City of Carlsbad Business License for the duration of the contract.
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 one hundred twenty (120) working days
after receipt of Notice to Proceed.
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DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
PWM23-2171FAC
PFHQ - Moisture Testing; Cont. No. 4715 Page 4 of 9 City Attorney Approved 02/14/2023
CONTRACTOR’S INFORMATION.
S&J Builders and
Restoration Services, Inc. 10815 Wheatlands Ave., Suite J
(name of Contractor)
689944
(street address)
Santee, CA 92071
(Contractor’s license number)
Class B, C36 2/29/24
(city/state/zip)
619-449-2014
(license class. and exp. date)
1000018498 6/30/23
(telephone no.)
swilson@sandjbuild.com
(DIR registration number and exp. date)
(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
S&J BUILDERS AND RESTORATION
SERVICES, INC.,
a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here)
Gracie Wilson, President
Paz Gomez, Deputy City Manager, Public
Works, as authorized by the City Manager
(print name/title)
By:
(sign here)
Sean Wilson, CFO
(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 Group B
Chairman,
President, or
Vice-President
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: CINDIE K. McMAHON, City Attorney
BY: _____________________________
City Attorney
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
PWM23-2171FAC
PFHQ - Moisture Testing; Cont. No. 4715 Page 5 of 9 City Attorney Approved 02/14/2023
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each
subcontract.
NOTE: The Contractor understands that if it fails to specify a subcontractor 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
Type of Work 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 50% of the work with its own forces.
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
0
NONE NONENONENONENone
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PFHQ - Moisture Testing; Cont. No. 4715 Page 6 of 9 City Attorney Approved 02/14/2023
EXHIBIT B
Police & Fire Headquarters - Moisture Testing
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 Lot 1 Moisture testing to confirm necessary extent of
interior drywall replacement/restoration following
damage from rainwater.
$13,358.96
TOTAL* $13,358.96
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
1
S&J Builders and Restoration Services Inc
10815 Wheatlands Ave Suite J
Santee, CA 92071
619-449-2014
619-449-0887 fax
Lic 689944
Insured: City of Carlsbad Cellular: (760) 975-7410
Property: 2560 Orion Way
Carlsbad , CA 92010
Claim Rep.: *******
Estimator: Sean Wilson Business: (619) 449-2014 x 106
E-mail: swilson@sandjbuild.comCompany: S&J Builders
Business: 10815 Wheatlands Ave Suite J
Santee, CA 92071
Reference:
Company: City of Carlsbad
Contractor:Business: (619) 449-2014
Company: S&J Builders and Resortation Services Inc
Business: 10815 Wheatlands Ave Suite J
Santee, CA 92071
Claim Number:******Policy Number:Type of Loss:Water Intrusion
Date Contacted: 4/17/2023 12:00 PM
Date of Loss: 12/15/2022 12:00 PM Date Received: 4/17/2023 12:00 PM
Date Inspected: 4/19/2023 1:00 PM Date Entered: 4/20/2023 1:08 PM
Price List: CASD8X_APR23
Restoration/Service/Remodel
Estimate: CITY-CB-PDFD-HDQINSP
PWM23-2171FAC - Exhibit "B" (cont'd)
Page 7 of 9
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
Builders&RestorationServices,lnc.
2
S&J Builders and Restoration Services Inc
10815 Wheatlands Ave Suite J
Santee, CA 92071
619-449-2014
619-449-0887 fax
Lic 689944
CITY-CB-PDFD-HDQINSP 4/20/2023 Page: 2
Sean Wilson from S&J Builders inspected the site on April 19, 2023 at 1 pm with Ron Haugland from the city and
representatives from the general contractor who was managing the renovations of the building during the water
intrusions. The contractor stated the roof had ben open since December 2022 and they have been attempting to manage
the water intrusion and have been removing wet drywall in the affected areas. S&J was asked to walk the site and get
moisture sampling of the affected area to make sure the affected drywall has been removed. Sean completed test moisture
sampling on the first floor Physical Fitness Room, Main Electrical room and the Elevator Control Rooms . Upon
accessing the second floor Sean completed test sampling of the drywall in rooms 209, 208 and 212. Elevated moisture was
detected in the drywall on some walls, I also observed moisture actively weeping from the wall insulation at the bases of
some walls. Some drywall had surface microbial growth on it and had elevated moisture readings. Due to the amount of
the remaining moisture in the walls, ceilings in the sample testing areas.
S&J recommendations:
1) A crew return and mark out all the walls that register with elevated moisture and or surface microbial growth so, the
general contractor can have their laborers / vendors remove all the affected drywall and insulation.
2) All affected materials that are removed be removed for the building disposed of immediately.
3) The city hire a industrial hygienist to clear all work areas prior to the drywall be replaced.
Proposal: Moisture testing and Visual microbial growth mark out.
Excluded: Microbial Remediation, Air and surface clearance, demo, dry-out of the drywall and or structure.
We would like to thank you for the opportunity to provide you with this COST PROPOSAL FOR PD Headquarters Moisture
Mark Out the total cost for the repairs detailed in the following proposal is $13,358.96 Proposal includes prevailing wages.
The attached estimate details the specific work to be completed. Additional work outside of that specified in this estimate will be
through separate proposal(s) and/or change order(s) detailing the additional/changed scope of work as well as the terms and
pricing of those changes. Repairs will be scheduled after a signed contract is received by S&J Builders and a PO is issued by the
city.
Unless noted otherwise, the customer is required to provide heat, water and electricity on-site for the duration of this project. The
customer is responsible for providing continuous access to the project area during normal business hours, Monday - Friday, 7:30
am - 4:00 pm. Where an item is being replaced, we will be matching the existing item's quality, color, finish, texture or material
as close as possible where applicable unless noted otherwise, there is no guaranty either specified or implied on exact matches.
This estimate does not include hazardous material testing or abatement unless specifically detailed in the following estimate.
This estimate is valid for 30 days from 4/20/2023. If you have any questions about this estimate, please contact Sean Wilson to
discuss those questions.
Respectfully,
Sean Wilson
PWM23-2171FAC - Exhibit "B" (cont'd)
Page 8 of 9
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
Builders&RestorationServices,lnc.
3
S&J Builders and Restoration Services Inc
10815 Wheatlands Ave Suite J
Santee, CA 92071
619-449-2014
619-449-0887 fax
Lic 689944
CITY-CB-PDFD-HDQINSP 4/20/2023 Page: 3
CITY-CB-PDFD-HDQINSP
Moisture Inspection
DESCRIPTION QTY
1. Scaffolding (Excluded) [ EXCLUDED ]1.00 EA
General contractor to provide scaffolding for any walls or ceilings over10' tall.
2. Mitigation Technician 64.00 HR
Mark of walls and ceiling up to 10' high for elevated moisture levels. Regular work hours. Additional charge will apply for
after hours and saturday and Sunday work.
3. Marking Materials 1.00 EA
4. Clerical - DIR 8.00 HR
5. Remediation (Microbial Growth) - Excluded [ EXCLUDED ]1.00 EA
S&J can provide a proposal for any remediation if requested once the drywall has been removed.
6. Mitigation - Dry down - Demo - Excluded [ EXCLUDED ]1.00 EA
Being completed by general contractor
7. Contamination - pre & post test - full service - Excluded [ EXCLUDED ]1.00 EA
8. Writen report - Excluded [ EXCLUDED ]1.00 EA
Written report with photo documentation will be billed as extra work.
9. Temporary toilet - Excluded [ EXCLUDED ]1.00 EA
General contractor to allow access to the project restrooms.
Grand Total $13,358.96
Sean Wilson
PWM23-2171FAC - Exhibit "B" (cont'd)
Page 9 of 9
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
Builders&RestorationServices,lnc.
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
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DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A
DocuSign Envelope ID: CCA0D90E-5355-4ABF-B632-2A211732DA9A