HomeMy WebLinkAboutThe Reinhart Corporation dba AAir Purification Systems; 2016-05-16; PWM16-78PEMTracking#: PWM16-78PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIRE STATION 1 EXHAUST SYSTEM REPAIR; CONT. NO. 4721
This agreement is made on the l(g~ day of f\0\A.( , 2016, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and The Reinhart Corporation
dba AAir Purifications Systems, a California corporation, whose principal place of business is 940 Kenamar
Drive #402, 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:
Bob Richardson
(City Project Manager)
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.
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721 Page 1 of 6 City Attorney Approved 2/29/2016
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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 co tractor may be prevented from further bidding on
public contracts for a period of up to five years an t deb rment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or ticipatin.~UJJ.E.~_r:ltract bidding.
Signature:
Print Name:
1:$,-\-o f~-<--'
I
REQUIRED INSURANCE. The successful contr to"r shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of \Nmkers'
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
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 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. 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.
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
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721 Page 2 of6 City Attorney Approved 2/29/2016
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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 started the work on April 5, 2016.
Completion: Contractor completed the work on April 8, 2016.
CONTRACTOR'S INFORMATION.
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The Reinhart Corporation dba AAir
Purifications Systems
(name of Contractor)
621360
(Contractor's license number)
C43 -Sheet Metal exp. 6/30/17
(license class. and exp. date)
1000030031
(DIR registration number)
6/30/16
(DIR registration exp. date)
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721 Page 3 of 6
9040 Kenamar Drive #402
(street address)
San Diego, CA 92121
(city/state/zip)
858-578-2825
(telephone no.)
858-578-3762
(fax no.)
airpu risys@aol. com
(e-mail address)
City Attorney Approved 2/29/2016
Tracking#: PWM16-78PEM
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.
(sign here)
1) 1 L'-. ./'i'
\ (\,, L\ .) . l}"J c & JLl-11IU-jt:exohtr~\
(print name/title) 1 j
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. BREWER, City Attorney
/
BY: D~t~t;;;~fnt?(A\
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721 Page 4 of6 City Attorney Approved 2/29/2016
Tracking #: PWM 16-78PEM
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 Business Name and Address DIR Registration
be Subcontracted
t\.~O~J~
Total % Subcontracted:
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721
No.
Page 5 of6
License No., %of
Classification & Total
Expiration Date Contract
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Tracking#: PWM16-78PEM
EXHIBIT B
AAir Purification Systems will provide all materials, parts and labor to replace the disabled exhaust blower
at Fire Station 1 located at 1275 Carlsbad Village Drive, Carlsbad, CA 92008. Blower unit will be a full
replacement 5 HP PlymoVent TEV blower. Install includes but not limited to disconnection and removal of
existing blower, installation and reconnection of ducting of replacement blower. Electrical connection will
be responsibility of City of Carlsbad.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
1 EA 1 PlymoVent TEV 5 HP 1 Phase replacement blower $2,965.00
2 LS 1 Labor to disconnect ducting and remove existing blower $1,547.00
and install and reconnect ducting for new blower
3 EA 1 Delivery/Freight $437.19
4 EA 1 Tax $237.20
TOTAL* $5,186.39
*Includes taxes, fees, expenses and all other costs.
FIRE STATION 1 EXHAUST
SYSTEM REPAIR; CONT. NO. 4721 Page 6 of6 City Attorney Approved 2/29/2016