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HomeMy WebLinkAboutControlled Entrances Inc; 2015-07-17; PWM15-82TRANPWM15-82TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MIRA MONTE GATE REPAIR: CONTRACT NO. 7490 This agreement is made on the / / day of L^/tC^/y 2015 by the City of Carlsbad, California, a municrpaf corporation, (hereinafter ca\\e^^iy ), apd" Controlled Entrances, Inc. a California corporation whose principal place of business i^^^dlO Lilac-^oad, Valley Center, CA 92082 (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 confiict, 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: Tony Ulloa 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. The contractor to whom the contract is awarded 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. The Prime 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. 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. MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 1 of 6 City Attorney Approved 4/115 PWM15-82TRAN 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 folse claims made with deliberate ignorance of the false information or in reckless disregard ofthe truth or falsity ofthe 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 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: 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 Califomia Insurance Commission. The certificates shall indicate coverage during the period ofthe 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 a current Best's Key Rating of not less than "A-:VM"; 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 offeite, 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 LIABIUTY. 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 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 MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 2 of 6 City Attorney Approved 4/115 PWM15-82TRAN negligence or wnllful 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, Califomia. 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. MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 3 of 6 City Attorney Approved 4/115 CONTRACTOR'S INFORMATION. CONTROLLED ENTRANCES, INC. (name of Contractor) 789619 (Contractor's license number) B (license class, and exp. date) Exp. 1-31-17 PWM15-82TRAN 29020 LILAC ROAD (street address) VALLEY CENTER, CA 92082 (city/state/zip) 760-749-1212 (telephone no.) 760-749-6201 (fax no.) bclark@valleycenterfence.com (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 CONTROLLED ENTRANCES, INC., a California corporation )^AAU. PJjui^ (sign here) Bruce Clark / President (print name/title) /7 (sign here) / Jeanette E. Clark / Secretary - Treasurer (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 ofiicer from each ofthe following two groups: CITY OF CARLSBAD, a municipal corporation ofthe State of California By: Patrick A. Thoma>&iJ*dblic Works Director as authorized by the City Manager iNADINER.GAhJzt COMM. #2026026"" ^ NOTARY POBUC-°^I!?|^RN,AO SAN DIEGO COUNTY 0 COMM. EXPIRES MAY P^ om7u Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must ahach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED CELIA A. BRE BY: AS^srant City Attorney MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 4 of 6 City Attorney Approved 4/115 A Notary Public w other officer compietiiig iMs ce^ the document, to which this certificate Is attached, and not the trutiifulness, accuracy, or validity of that documentt. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACitNOWLEDGMENT State of California County of San Diego On O u, \oj ^1 2015 before me, Nadine R. Ganz, Notary Pubiic personally appeared who proved to me on the basis of satisfactory evidence to be the person^t^^hose names^^Dis /4^>ubscribed to the virithin instrument and aclmowledged to me that he/she/^fi^executed the same in his/lier/tliiir authorized capacity|(^), and that by his/her/their signaturei^on the instrument the person|s}por the entity upon behalf of which the person(s) acted, executed the instrument. I certify under the PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. iture of Notarv O Signature of Itotary leck A License - License Detail - Contractors State License Board Page 1 o] Contractor's License Detail for License # 789619 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. Business Information CONTROLLED ENTRANCES INC 29020 LILAC ROAD VALLEY CENTER, CA 92082 Business Phone Number:(760) 749-1212 Entity Corporation Issue Date 01/10/2001 Expire Date 01/31/2017 License Status ithis license is current and active. All information below should be reviewed. B - GENERAL BUILDING CONTRACTOR Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC6042936 [Bond Amount: $12,500 Effective Date: 03/02/2009 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) CLARK BRUCE WILLIAM certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 01/10/2001 Workers' Compensation An employee service group holds the workers compensation insurance. Policy Number:RWCC48533024 lEffective Date: 04/01/2015 Expire Date: 04/01/2016 Workers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. :ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNimi=789619 4/14/20 Public Work's Contractor Registration Search Page 1 of 1 'KSSE '..fiflfywmi. Division of Labor Standards Enforcement Public Worics Contractor Registration Searcli This is a listing of current and active contractor registrations pursuantto Division 2, Part 7, Chapter 1(commencing with section 1720) ofthe Califomia Labor Code. Enter at least one search criteria to display active registered pubiic worits contractor(s) matching your selections. Registration Number: 1000009720 Contractor Legal Name: Contractor License Lookup License Number: 4|.^esel:.i Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name I CONTROLLED ENTRANCES INC. Registration Number License Type/Number(s) Registration Date Expiration Date U000009720 iCSLB:789619 06/04/2015 j 06/30/2016 Export as: Excel | PDF Copyright €) 2014 State of California https://efiling.dir.ca.gov/PWCR/Search.action 7/2/2015 Public Work's Contractor Registration Search Page 1 of 1 Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuantto Division 2. Part 7, Chapter 1 (commencing with section 1720) of the Califomia Labor Code. Enter af teas( one search criteria to display active registered pubiic worits contractor(s) matching your selections. Registration Number: Contractor Legal Name: Contractor License Lool<up License Number: 789619 4§ i^^et I Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name i Registration Number License Type/Number^s): Registration Date Expiration Date CONTROLLED ENTRANCES INC. 11000009720 CSLB:789619 106/04/2015 [06/30/2016 Export as: Excel | PDF Copyright £ 2014 State of California https://efiling.dir.ca.gov/PWCR/Search.action 7/9/2015 PWM15-82TRAN 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 ofthe Project in excess of one-half of one percent ofthe total bid, and the portion ofthe 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 ofthe Project to be performed under the contract in excess of one-half of one percent ofthe 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 ofthe work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record ofthe Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions ofthe 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 \ Total % Subcontracted: MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 5 of 6 City Attorney Approved 4/115 PWM15-82TRAN EXHIBIT B Location: Mira Monte Drive city limit between Carlsbad and Oceanside. Scope of Work Provide all labor, equipment, and materials, necessary to replace damaged access roll gate, panel, and post with pre-galvanized metal and expanded metal inside of frame. Metal type, size, and gauge shall match existing metal material. Roll gate, panel, and post shall have black powder coat finish. Removal, haul away and proper disposal/and or recycling of damaged roll gate, panel, post and all construction waste shall be the responsibility of contractor. Saw cut area around post for removal and replacement. Concrete used for installing post shall meet city engineering standards. Fabrication and installation of roll gate, panel, and post shall meet city specifications. Roll gate shall be connected to existing automated control system and tested for proper operation. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 L.S. Mira Monte Gate Repair $9,122.00 TOTAL* $9,122.00 'Includes taxes, fee's, expenses and all other costs. MIRA MONTE GATE REPAIR; CONTRACT NO. 7490 Page 6 of 6 City Attorney Approved 4/115