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Seaside Heating and Air Conditioning Inc; 2015-10-20; PWM16-32PEM
PWM16-32PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DOVE LIBRARY HVAC REPAIR; CONT. NO. 7750 This agreement is made on the day of /y^^^^P^^^— , 2015, by the City of Carisbad, California, a municipal corporation, (hereinafter called "City"), and Seaside Heating & Air Conditioning, a California corporation, whose principal place of business is 1359 Rocky Point Dr, Oceanside, CA 92056 (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 Carisbad 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. 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 ofthe 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. DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 1 of 6 City Attorney Approved 4/11/15 PWM16-32PEM 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 infonnation or in reckless disregard of the truth or falsity of the infonnation. 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 debannent 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 jurisdiction is grounds for the City of Carisbad 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 forni 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-: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 quarteriy 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. Wori<ers' 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, njles 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 DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 2 of 6 City Attorney Approved 4/11/15 PWM16-32PEM 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, Califomia. Start Work: Contractor agrees to start within one (1) working day after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within two (2) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. SEASIDE HEATING & AIR CONDITIONING (name of Contractor) 790514 (Contractor's license number) C20, 038, C4-1/31/2017 (license class, and exp. date) 1359 ROCKY POINT DR (street address) OCEANSIDE, CA 92056 (city/state/zip) 760-643-1100 (telephone no.) 760-433-3904 (fax no.) cb@seasidehvac.com (e-mail address) /// /// /// /// /// /// /// /// DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 3 of 6 City Attorney Approved 4/11 /15 PWM16-32PEM 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 SEASIDE HEATING & AIR CONDITIONING, a Califomia corporation By: here) Jimmie Sebring / President CITY OF CARLSBAD, a municipal corporation of the State of Califomia Patrick A. ThomasY Public Works Director as authorized by the City Manager (print name/title) By: c s. (sign here) Charies Balcar / 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 ofthe 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 Attomey BY: ^/^.£/^iy^7^ Aaoiotant City Attorney DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 4 of 6 City Attorney Approved 4/11/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ^'/WD^jg^ On (>:^^e^^^:L0,tf before me, MlC/jmL 0. KA/UOSO>^, NzTtyM^^^v £>f^sc Date personally appeared _ Here Insert Name and Title of the Officer Name(s) of Signer(s) CiM^^^S> ^uoA^^J^. S<ALCPr(L^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) le/are subscribed to the within instrument and acknowledged to me that hc/ohc/they executed the same in hio/her/their authorized capacity(ies), and that by hio/hw/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. MICHAEL C. KNUDSON | Commission # 1965689 I Notary Public - California 1 San Dlego County g My Comm. Expires Feb 1, 20161 WITNESS my hand and official seal. Signature. ly hand and official seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 PWM16-32PEM 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: NONE DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 5 of 6 City Attorney Approved 4/11/15 PWM16-32PEM EXHIBIT B Description: Replace a 30hp Return Air Fan Motor and Variable Frequency Drive and Fuses in Bypass located at 1775 Dove Lane, Carisbad, CA 92008 Scope of Work: Provide and install new 30hp return air fan motor and replace faulty 30-variable frequency drive and fuses in bypass of damaged HVAC unit Work to include removal and disposal of all damaged parts/equipment, prevailing wage labor, materials and tax. Unit is currently not operating and must be repaired immediately. URGENT ******** DOVE LIBRARY IS DESIGNATED A PUBLIC "COOL ZONE" IMMEDIATE REPLACMENT OF DAMAGED COMPONENTS IS REQUESTED. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 Replace faulty 30HP Return Air Fan Motor. All disposal. Labor, materials and tax is included. $4,539.60 1 1 1 Replace faulty 30-Variable Frequency Drive and Fuses in Bypass. All disposal. Labor, materials and tax is included. $4,516.56 TOTAL* $9,056.16 "Includes taxes, fees, expenses and all other costs. DOVE LIBRARY HVAC REPAIR; CONT. NO. 7550 Page 6 of 6 City Attorney Approved 4/11/15 A Quotation From: 2942 Industry Street #A Oceanside, CA 92054 Lic. #790514 Exhibit "B" HEATING & AIR CONDITIONING Phone # 760 643-1100 Fax # 760 433-3904 Customer <^ i u ^ Location City of Carlsbad Dove Library 1635 Faraday Avenue 1775 Dove Lane Carlsbad, Ca. 92008 Carlsbad, CA Main Air Handler Replace faulty 30hp Return air fan motor. Materials $2,870.00 Labor 1,440.00 Tax $229.60 Replace faulty 30 Variable Frequency Drive and Fuses in Bypass Materials $3,682.00 Labor $540.00 Tax $294.56 Total $9,056.16 1 '/2% per month will be charged on overdue accounts. All service required by items fumished under this contract will be provided only during normal working hours and is subject to our standard printed service warranty. REPLACEMENT OF FILTERS, FUSES OR EMERGENCY SERVICE CALLS NOT DUE TO DEFECT IN WORKMANSHIP OR MATERIALS WILL BE BILLED AT NORMAL SERVICE RATES. It is understood that this proposal sets forth our entire agreement. Any labor or equipment in addition to that required by this proposal will be paid for by you as an extra at our normal rate. All equipment remains the "personal" property of Seaside Heating and Air Conditioning, Inc. until final payment is received. All warranties commence upon date of equipment start-up, and are void in their entirety in the event fiill payment is not received for the work performed under this contract. Customer agrees to pay reasonable legal and/or collection fees PURCHASER'S ACCEPTANCE: By: Date: (Customer signature) Phone: By: Charlie Balcar September 21, 2015 (Authorized Seaside Representative) QUOTATION GOOD FOR 30 DAYS 'heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 790514 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. Business Information SEASIDE HEATING & AIR CONDITIONING INC 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Business Phone Number:(760) 643-1100 Entity Corporation Issue Date 01/26/2001 Expire Date 01/31/2017 License Status This license is current and active. All information below should be reviewed. Classifications C20 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING C38 - REFRIGERATION C-4 - BOILER, HOT WATER HEATING AND STEAM FITTING Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 9032661 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History Bond of Qualifying Individual [The Responsible Managing Officer (RMO) BALCAR CHARLES DWAYNE 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: 01/26/2001 - Workers' Compensation [This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST 'olicy Number:WSD5025920 Effective Date: 03/01/2014 Expire Date: 03/01/2016 \/orkers' Compensation History ttps://www2.cslb.ca.gov/OiilineServices/CheckLicenseII/LicenseDetail.aspx?LicNiini=790514 9/16/201 Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA. Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This is a listing of cun-ent and active PWC registrations pursuantto Division 2, Part?, Chapter 1 (commencing with section 1720 ofthe Califomia Labor Code.) Enter at least one search criteria to display active registered public worte contractor(s) matching your selections. Registration Year: 1 Current Fiscal Year: 2016 i PWC Registration Number: Contractor Legal Name: License Number: County: 1000005586 I Select County Search Search Results One registered contractor found. 1 I Details j Legal Name \ View I SEASIDE HEATING & AIR CONDITIONING, INC. Contractor License Lookup Reset Export as: Excel | PDF Registration i County Number City : Registration i Expiration : Date I Date 1000005585 ^ SAN DIEGO OCEANSIDE 06/15/2015 ; 06/30/2016; V2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions Jobs at DIR Conditions of Use i Privacy Policy i Disclaimer ! Disability accommodation •, Site Help Copyright © 2015 State of Califomia https://efiling.dir.ca.gov/PWCR/Search.action 9/16/2015