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HomeMy WebLinkAboutReliaBuilt Fence Company; 2014-09-09; PWM15-12PEMPWM15-12PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE COMMUNITY PARK AQUATIC WINDSCREEN INSTALLATION CONTRACT NO. 3837 This agreement is made on the _ 9 day of ^[f /f^/^I^r.r" . 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafte? called "City"), and ReliaBuilt Fence Company of Carlsbad, California, a municipal corporation, (hereinafter called "City"), whose principal place of business is 31916 Del Cielo Este #20, Bonsall CA, 92003 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all worl< 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 worl< 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 amendnnents 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 sl<illed 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: Jesse Zunke (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 of the 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 ofCarlsbad 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. ALGA NORTE COMMUNITY PARK - Page 1 of 5 City Attomey Approved 2/7/13 AQUATIC WINDSCREEN CONT. NO. 3837 PWM15-12PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debamient proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debannent by another jimsJiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractoLfBom partidg^il^'mcontract bidding Signature: Print Name: W».//.<^«^eX ys,^ (^i^^^ 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 of the contract and must be fumished to the City prior to the start of woric. 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 Califomia 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 injuty 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 Carisbad 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 daims, loss, damage, injury and liability of evety kind, nature and description, directly or indirectiy arising from or in connection with the performance of the Contract or work; or from any faiiure 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, injuty and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except fbr 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 attomeys' 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 Wori<: Contractor agrees to start within one (1) woriting days after receipt of Notice to Proceed. Completion: Contractor agrees to complete wori< within ninety (90) working days after receipt of Notice to Proceed. ALGA NORTE COMMUNITY PARK- Page 2 of 5 City Attomey Approved 2/7/13 AQUATIC WINDSCREEN CONT. NO. 3837 PWM15-12PEM CONTRACTOR'S INFORMATION. RELIABUILT FENCE COMPANY (name of Contractor) 948809 (Contractor's license number) C13 Fencing (license class, and exp. date) Exp. 6/30/16 31916 DEL CIELO ESTE #20 (street address) BONSALL CA, 92003 (city/state/zip) (760)295-8776 (telephone no.) (760) 295-0678 (fax no.) reliabuiltfence27@yahoo.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and wan'ant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RELIABUILT FENCE COMPANY (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Califomia '•^.JMI L^ -«f Department Director as authorized by the Cify Manager Jim Howell By: (sign here) (print name/fitle) 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 Secretaty, Assistant Secretaty, CFO or Assistant Treasurer Othenwise, the corporation must attach a resolution certified by the secretaty or assistant secretaty under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ALGA NORTE COMMUNITY PARK - AQUATIC WJNDSCREEN CONT. NO. 3837 Page 3 of 5 City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dlego On Aug. 26, 2014 Date personally appeared before me, Bonnie L. Hucklns, Notary Public Here Insert Name and Title of the Officer Jorge Gutierrez Name(s) of Signer(s) BONNIE L. HUCKINS | Commitsion # 1974182 1 llotary PubNc - CaUfornia I San Oiego County g JJj^^omij^jgre^tej^^Oiejl Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactoty evidence to be the person(s) whose name(s](ji2afe subscribed to the within instrument and acknowledged to me that ^^ho/thoy executed the same in "^^lei'/ltteti authorized capacity(ies), and that by ij^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (^k^^^^A-x^^CZl^/^^-^^ Signature oTNotary Public OPTIONAL Tfiough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Otiier Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUrUIBPRINT OF SIGNER Top of thumb here i 2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAII^S . Contractors State License Board Contractor's License Detail - License # 948809 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. -# CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. •# Per B&P 7071.17 . only construction related civil judgments reported to the CSLB are disclosed. •• Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. -» Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 948809 Extract Date 8/19/2014 RELIABUILT FENCE COMPANY Business Phone Number: (760) 594-3877 ^) 31916 DEL CIELO ESTE #20 BONSALL, CA 92003 Partnership 06/15/2010 06/30/2016 ACTIVE This license is current and active. All information below should be reviewed. CLASS C13 DESCRIPTION FENCING Workers' Compensation CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INDEMNITY COIVIPANY. Bond Number: 108732 Bond Amount: $12,500 Effective Date: 06/08/2014 Contractor's Bond Historv WORKERS' COMPENSATION https://w\An/v2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDe... 8/19/2014 Cineck a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with MARKEL INSURANCE COMPANY Policy Number: MWC006297701 Effective Date: 04/01/2014 Expire Date: 04/01/2015 Workers' Compensation Historv Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LlcenseDe... 8/19/2014 PWfVll5-12PEM EXHIBIT A USTING 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 fbr each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be peribmied 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 Caiifomia 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: ALGA NORTE COMMUNITY PARK • AQUATIC WINDSCREEN CONT. NO. 3837 Page 4 of 5 City Attomey Approved 2/7/13 PWM15-12PEM EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 Installation of Plexiglass Fencing Around Pool Area Provide and Install (26) 6'x6' Plexiglass Panels Core drill onto concrete, 5" to 6" Deep 8" diameter Core Set (28) Aluminum 5° Post Set Panels Per specifications @ no more than 6' Intervals and bolt-on to posts Fumish material and labor Refer to Scope on proposal dated 6/14/14 (attached) $22,500 TOTAL* $22,500 'Includes taxes, fee's, expenses and all other costs. ALGA NORTE COMMUNITY PARK - AQUATIC WINDSCREEN CONT. NO. 3837 Page 5 of 5 City Attomey Approved 2/7/13 PROPOSAL Lic#948809 31916 Del Cielo Este #20 Bonsall Ca, 92003 (760) 295-8776 FAX (760) 295-0678 PROPOSAL SUBMITTED TO City of Carlsbad (Windshield Project) PHONE 760-434-2941 DATE 6-14-14 STREET 799 Pine Ave JOB Ti'PE Installation of Plexiglas Fencing Ctrl', STATE and ZIP Carlsbad Ca, 920 CODE 08 JOB LOCATION Carlsbad Park ATTENTION: Kyle E-mail kyle.lancaster@carlsbadca.gov PROPOSAL* 6934 Salesperson George We hereby submit specifications and estimates for: Installation of Plexiglass Fencing Around Pool Area Install (26) 6'x6' Plexiglass Panels Coredrill onto concrete. 5" to 6" Deep 8" Core Set (28) Aluminum 5" Post Set Panels Per specifications (S) no more than 6' Intervals Bolt-On Provide Plexi-Glass Panels We propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: $22,500 Payment to be made as follows: Whpn ProjPf^t i<t HnmplPtP All material is guaranteed to be as specified. All wort< to be completed in a wori<manlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon w/ritten orders, and will become an extra charge over and above the estimate. All agreements contingent upon stril<es, accidents or delays beyond our control. Owner to carry fire, tornado and other necessaty insurance. We are not responsible for property lines or unforeseen underground utilities, and Sprinklers. Owners Responsibilities for necessary permit and Association approvals. Acceptance of Proposal ~ The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the wort< as specified. Payment will be made as outlined above. Date of Acceptance:. "Rely on us for all your Fencing Needs" Thank you, George Gutierrez Licensed and Insured! Authorized SignatureL. Note: This proposal may be withdrawn by us if not accepted within 30 days. Signature:. Signature: