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HomeMy WebLinkAboutSaturn Electric Inc; 2015-07-16; PWM15-100PEMPWIVIIS-IOOPEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EV CHARGING STATION AT ALGA NORTE PARK CONT. NO. 3925 This agreement is made on the /^-^-^ day of (^J^/^ j/\/ , 2015, by the City of Carlsbad, California, a municipal corporation, (hereinaftgt-^rffed and Saturn Electric, Inc., a California corporation, whose principal place of busin;Bis^>s 7552 ^ade St. 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 goveming 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). 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. ofthe 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. EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 1 of 6 City Attorney Approved 4/11/15 PWIVIIS-IOOPEM 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 lifigation 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 infomiation or in reckless disregard of the taith 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 years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractorot-eubcontractor from participating in contract bidding. Signature: Print Name: ^TlYv\^-(^h.c^ A • O 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 insurers that have a current Best's Key Rating of not less than "A-:Vir'; 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 perfomiance 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, directiy or indirectiy arising from or in connection with the performance EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 2 of 6 City Attorney Approved 4/11 /15 PWIVIIS-IOOPEM 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 directiy or indirectiy 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 ten (10) working days after receipt of Notice to Proceed // // // // // // // // // // // // // // // // // // // // // EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 3 of 6 City Attorney Approved 4/11/15 PWM15-100PEIVI CONTRACTOR'S INFORMATION. SATURN ELECTRIC INC. 7552 STATE ST. (name of Contractor) 219097 (street address) SAN DIEGO, CA 92121 (Contractor's license number) C-10, A, B-Exp. 1/31/2016 (city/state/zip) 858-271-4100 (license class, and exp. date) (telephone no.) 858-271-0230 (fax no.) tim@saturnelectric.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 SATURN ELECTRIC INC, a Califomia corporation (sign here) 0 (print name/titie) CITY OF CARLSBAD, a municipal corporation of the State of Califomia By: Patrick A. Thomas'/'Pi/blic Works Director as authorized by the City Manager By: (sign here) (print name/titie) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corooration. 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 Attoniey BY: EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 4 of 6 City Attorney Approved 4/11 /15 A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA JURAT State of California County of P\ebO ) Subscribed and sworn ton of -before me on this U>"^ \6 day 20 , by 'r\MO'n\'-] K. IXiX>€ P proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature COMM. #2021932 m HotoiyPuMic-CaWemte | lite OWML (Seal) OPTIONALINFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this Jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Additional Information Method of Affiant Identification Proved to me on the basis of satisfactory evidence: L O form(5) of identification O credibie witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other [J Affiant(s)Tliumbprint(s) Q Describe: 5 Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311 -0507. All Rights Reserved. Item Number 101884. Please contact your Authorized Reseller to purchase copies of this form. RESOLUTIONS ADOPTED BY ™ANIM0US WRITTEN CONSENT OF DIRECTORS OF SATURN ELECTRIC, INC. oil nf the menibers of the Board of directors The undersigned, being aiJ. oi > writing consent to take of the above referenced corporation, do by this^ the following action and adopt the following WHEREAS, it - "^^^ SSI^ECT^IC, INC. :rs::cu??£^^^^^^ the name of teURN ELECTRIC, INC.; ™\,*^,nTi7TrT^ ^Hat Timothy A. Dudek President NOW, THEREFORE BE IT J^^OLVED. that ^^^^^^^^^ is authorized to ^ in the name of SATURN. ELECTRIC, INC. « filed with the minutes of the It is directed that this Consent be This consent proceedings of the Board of Directbrs of Jhis^corp^^^^^^^^^ ^^^^ is ^'^"""^P"""^^ " ira^cordance with the Bylaws of this corporation State of California and in a"°raaiii^ Directors by which authorize the taking of ^'^^^f unanimous written consent without a meeting. Dated: ,April 8, 2000 Ronald J. Dudek banne E. Dudek Directors leck A License - License Detail - Contractors State License Board Page 1 oi Contractor's License Detail for License # 219097 tISCLAIMER: 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 SATURN ELECTRIC INC 7552 TRADE STREET SAN DIEGO, CA 92121 Business Phone Number:(858) 271-4100 Entity Corporation Issue Date 07/23/1963 Expire Date 01/31/2016 License Status iThis license is current and active. All information below should be reviewed. Classifications 010- ELECTRICAL B - GENERAL BUILDING CONTRACTOR A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY. Bond Number: 120305 Bond Amount: $12,500 lEffective Date: 12/06/2013 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) DUDEK TIMOTHY ALLEN certified that he/she owns 10 percent or more ofthe voting Istock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 03/15/2007 BQl's Bond History Workers' Compensation This license has workers compensation insurance with the DEPARTMENT OF INDUSTRIAL RELATIONS Policy Number:4503-098 Effective Date: 10/01/2006 Expire Date: None MVorkers' 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?LicNum=219097 6/22/20 leck A License - License Detail - Contractors State License Board Page 2 ol :ps://www2.cslb.ca.gov/OnlineServices/CheckLicensen/LicenseDetail.aspx?LicNum=219097 6/22/20 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 contrador registrations pursuant to Division 2, Part 7, Ctiapter 1 (commencing witti section 1720) of ttie Califomia Labor Code. Enter at least one search criteria to display active registered public worlds contractor's) matching your selections Registration Number: 1000007128 Contractor Legal Name: Contractor License Lookup License Number: Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Nuinber License Type/Number(s) Registration Date Expiration Date SATURN ELECTRIC, INC. i 1000007128 jCSLB:219097 i 06/08/2015 106/30/2016 Export as: Excel | PDF Copyright ® 2014 State of California https://efiling.dir.ca.gov/PWCR/Search.action 7/9/2015 PWM15-100PEM 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 perfomi 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 License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: NONE EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 5 of 6 City Attorney Approved 4/11/15 PWM15-100PEM EXHIBIT B Description: To provide all labor, materials, and equipment for an Electric Vehicle Charging Station at Alga Norte Park located at 6565 Alicante Road, Carlsbad, California 92009. Scope: • Supply and Installation of one (1) duel port Charge Point EV Charging Station • Supply all necessary materials, equipment, and labor to complete the installation • Install Conduit from installed in ground vault to Charging Station located in the adjacent parking lot island. Per attached sketch. • Obtain any necessary permits for the City of Carlsbad • Provide five (5) years of ChargePoint Assure On-Sight operations and maintenance with 98% uptime and 1 calendar day response time for all service calls • Provide three (3) years of ChargePoint Network Services JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 EA Electric Vehicle Charging Station $19,900 TOTAL* $19,900 ^Includes taxes, fees, expenses and all other costs. EV CHARGING STATION AT ALGA NORTE PARK; CONT. NO. 3925 Page 6 of 6 City Attomey Approved 4/11/15