Loading...
HomeMy WebLinkAboutT & M Electric dba Perry Electric; 2014-08-25; PWM15-05TRANPWM15-05TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ROUNDABOUT LIGHTING CONTRACT NO. 4012 This agreement is made on the ^ day of /^y/:¥/'/S/^ 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter called City"), and T&M Electric dba Perry Electric, a California corporation, whose principal place of busies is 14436 Santa Ana Avenue, Fontana, CA 92337 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall furnish and install conduit, wiring, riser conduit, trenching, pull box, and 3 light fixtures in roundabout at Carlsbad Blvd and State St (hereinafter called "Project"). All connections shall be made such that light fixtures are stable and operable upon completion of work. 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, and all proper amendments and changes made thereto in accordance with this Contract or the 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: City Inspector or city designee. 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. ROUNDABOUT LIGHTING Page 1 of 5 City Attorney Approved 2/7/13 CONTRACT NO. 4012 PWM15-05TRAN 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 OLSubcontt^tor from participating in contract bidding. Signature: /^^^ "^^Z^ ^rJ^^ Print Name: ^oAA. PCM^fC^ - Pv^(g(^rC:^ 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: (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 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. 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 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. ROUNDABOUT LIGHTING Page 2 of 5 City Attomey Approved 2/7/13 CONTRACT NO. 4012 PWM15-05TRAN CONTRACTOR'S INFORMATION. T&M ELECTRIC dba PERRY ELECTRIC (name of Contractor) 747931 (Contractor's license number) C-10 (license class, and exp. date) Expires 4-30-16 PO BOX 710130 (street address) SANTEE. CA 92072 (city/state/zip) 619 449 0045 (telephone no.) 619 449 0511 (fax no.) dferguson@perryelectricsd.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 ofthis Agreement. CONTRACTOR T&M ELECTRIC dba PERRY ELECTRIC, a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (signJ (print name/title) Ity ManogorT Deputy City Managop ^ .er Department Director,^ s authorized by the City Manager Jim Howell (si^jpi^re) ^ (print iame/title) Tj If required by City, proper notarial acknowledgment of execution by Contractor must be attached. Jf_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 Secretary, Assistant Secretary, CFO or Assistant Treasurer Othenvise, 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 AttO!;ney Assistant City Attorne' ROUNDABOUT LIGHTING CONTRACT NO. 4012 Page 3 of 5 City Attomey Approved 2/7/13 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 - Ucense # 747931 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 747931 T&M ELECTRIC INC dba PERRY ELECTRIC Extract Date 7/11/2014 Business Information Business Phone Number: (619) 449-0045 ^* Entity Issue Date Expire Date License Status Classifications Bonding POBOX 710130 SANTEE, CA 92072 Corporation 04/09/1998 04/30/2016 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION CIO ELECTRICAL CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100186976 Bond Amount: $12,500 Effective Date: 02/07/2012 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 7/11/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 1. The Responsible Managing Officer (RMO) PERRY TODD MARTIN 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: 12/03/2012 Workers' Compensation WORKERS' COMPENSATION This license has workers compensation insurance with EVEREST NATIONAL INSURANCE COMPANY Policy Number: 7600007368 Effective Date: 06/01/2012 Expire Date: 06/01/2015 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... 7/11/2014 PWMIS-OSTRAN 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." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted:. ROUNDABOUT LIGHTING CONTRACT NO. 4012 Page 4 of 5 City Attorney Approved 2/7/13 PWMIS-OSTRAN EXHIBIT B DESCRIPTION OF WORK. Contractor shall furnish and install conduit, wiring, riser conduit, trenching, pull box, and 3 light fixtures in roundabout at Carlsbad Blvd and State St (hereinafter called "Project"). All connections shall be made such that light fixtures are stable and operable upon completion ofwork. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Roundabout lighting installation as outlined above $5,500 TOTAL* $5,500 "Includes labor, equipment, transport, mobilization, prep work, taxes, fees, expenses, and all other costs. ROUNDABOUT LIGHTING CONTRACT NO. 4012 Page 5 of 5 City Attorney Approved 2/7/13 Company: Address: Phone: Fax: Qty PERRY ELECTRIC QUOTE for Roundabout Conduit RFC #4 Added Pull Box and Conduit at Roundabout Portillo Concrete 3527 Citrus St Lemon Grove CA 91945 619-466-4639 619-466-4685 Item 7/9/2014 Description Ext Install additional 2" Conduit and #5 Pull Box at Roundabout. Furnish and install Colorburst Fixtures with associated wire, riser conduits. Per drawings and fixture cut sheets from Marius Jasl<ula with Dudel<. 5,500.00 Excludes any repair or restoration of landscaping Exclusions Valid for thirty days from date of quote Extra charges may apply for additional labor All original Contract Exclusions Apply Contract Credit Total 5,500.00 Contractor's License # 747931 (C-IO) PO Box 710130 Santee, CA 92072 (619) 449-0045 / (619) 449-0511 fax