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HomeMy WebLinkAboutSWCS Inc; 2014-09-16; PWM15-19PEMPWM15-19PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE COMMUNITY PARK LOCKER REPLACEMENT CONTRACT NO. 39252 ^ davof/><^.^;^>^ This agreement is made on the /7^ ^ day of A(^> ^y^/^/)/^/^ . 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter d&lled "City"), and SWOS Inc., a California corporation, whose principal place of business is 11653 Riverside Dr., Ste. 153, Lakeside, CA 92040 (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: Patrick Vaughan (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. SOUTHWEST SPECIALTIES Page 1 of 5 City Attorney Approved 2/7/13 CONT. NO. 39252 PWM15-19PEM 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^ij^'rs andp\ai debament Joy another jurisdiction is grounds for the City of Carisbad to disqualify the Co/ltractor ©r afibcontrafctorVro^ padjagating in contract bidding. SignatureV Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, 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 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: (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 California 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 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 hirod, 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 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, daniages, 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 agrees to start within one (1) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ninety (90) working days after receipt of Notice to Proceed. SOUTHWEST SPECIALTIES Page 2 of 5 City Attorney Approved 2/7/13 CONT. NO. 39252 PWM15-19PEM CONTRACTOR'S INFORMATION. SWCS INC. (name of Contractor) 967347 (Contractor's license number) D28, D34 (license class, and exp. date) Exp. 11-30-15 11653 RIVERSIDE DR., STE. 153 (street address) LAKESIDE, CA 92040 (city/state/zip) 619-258-9944 (telephone no.) 619-258-9946 (fax no.) sam@southwestsp.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. CONTRACTO SWCS INC., af Californi CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) ±1 (print name/title) \ AGoio^n| City Mana^orl;^Doputy City Manoger •er Department Director 3s authorized by the City Manager Jim Howell By: (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 Attorney Assistant City Attorne; SOUTHWEST SPECIALTIES CONT. NO. 39252 Page 3 of 5 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML COOB § nss State of California Gounty of ^CMTI V)\ Date } bWore me.Y(Xni^ CWnUuCil Mofo^PlODi^-. ] Here Insert Name and Title of the Officer ~j ^ Date _ Here Insert Name and Title of the Officer . i 1 personally appeared 8^^^ Sf^^'i^ S^qcKo^nif ymiT^ Name(s) of Signer(s) VANESSA CnOMWtLL Commission # 1955016 NoUry Public - California Sin OisBO County |, Romm. Expires Oct 30.2015 Place Notary Seal Above 1 i who proved to me on the basis of satisfactory evidence to be the persor^ whose namd^"TS((^ subscribed to the within instrument and acknowledged to me that he/sh^/(^^ executed the same in Tiiaffter^^ir^uthorized capacit^^5)I> and that by h1s/h«jfl^iD signaturd?§)) on the instrument the perso6(|i> or the entity upon behalf of which the person(sJ^cted, executed the instalment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nw hand and official seal Signature: OPTIONAL - Signature of Notary Public Though 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 • {\ rA- i 4- Title or Type of Document: Document Date: ^"'^'lA Number of Pages: SQ^X j^l^ J Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of tiiumb tiere Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER I I I © 2010 National Notary Association • NationalNotary.org • 1.800-US NOTARY (1.800-876-6827) Item #5907 Top of tfiumb tiere Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 967347 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 967347 Extract Date 8/25/2014 SWCS INC Business Phone Number: (619) 258-9944^ 11653 RIVERSIDE DRIVE STE 153 LAKESIDE, CA 92040 Corporation 11/02/2011 11/30/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION D28 DOORS, GATES AND ACTIVATING DEVICES •34 PREFABRICATED EQUIPMENT CONTRACTOR'S BOND This license filed a Contractor's Bond with NAVIGATORS INSURANCE COMPANY. Bond Number: 04BC020553 Bond Amount: $12,500 Effective Date: 10/25/2011 BOND OF QUALIFYING INDIVIDUAL https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/25/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 1. The Responsible Managing Officer (RMO) SMITH GERALD SAMUEL certified that he/she owns 10 percent or more of the voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 11/02/2011 WORKERS' COMPENSATION This license has workers compensation insurance with MID-CENTURY INSURANCE COMPANY Policy Number: A09464927 Workers Compensation Effective Date: 06/30/2013 Expire Date: 06/30/2015 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/25/2014 PWM15-19PEM 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 ofthe 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." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract ^^-^t Total % Subcontracted: SOUTHWEST SPECIALTIES CONT. NO. 39252 Page 4 of 5 City Attorney Approved 2/7/13 PWM15-19PEM EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 108 Includes day use surface mount Digilocks with new strike plate for 108 locker doors. Includes installation. Sales tax included. $15,522.00 There is no credit or deduct for the coin locks. Contractor to return all existing coin locks and accessories to City. TOTAL* $15,522.00 *lncludes taxes, fee's, expenses and all other costs. SOUTHWEST SPECIALTIES CONT. NO. 39252 Page 5 of 5 City Attorney Approved 2/7/13