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HomeMy WebLinkAboutTK Systems Inc dba AMFI; 2014-08-25; PWM15-10PEMPWM15-10PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE COMMUNITY PARK MEZZANINE FABRICATION & INSTALLATION CONTRACT NO. 38372 This agreement is made on the A^^^^davof y^/f^/k2^^^ , 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter calj^d "City"), and TK Systems, Inc. dba American Mezzanine Fabrication & Installation (AMFI), a Ca\\f^0h corporation, whose principal place of business is 6949 Buckeye Street, Chino, CA 91710 (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 (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 Attorney Approved 2/7/13 MEZZANINEFABRICATION & INSTALLATION, GONTRACT NO. 38372 PWM15-10PEM Contractor hereby acknowledges that the filing oKa falsejclalm may subject the Contractor to an administrative debarment proceeding wherein ths^ntraetSTrMy be prevented from further bidding on public contracts for a period of up to five years and thafdebarntent by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor^r subcpntractor/rom participating in contract bidding. Signature: Print Name: t /rP^oV (\y<N,(je,v-iv<^'' 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 ofthe contract and must be furnished to the City prior to the start ofwork. 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 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. ALGA NORTE COMMUNITY PARK Page 2 of 5 City Attorney Approved 2/7/13 MEZZANINEFABRICATION & INSTALLATION, CONTRACT NO. 38372 PWM15-10PEM CONTRACTOR'S INFORMATION. TK SYSTEMS, INC. dba AMERICAN MEZZANINE FABRICATION & INSTALLATION, INC. (AMFI) (name of Contractor) 800845 (Contractor's license number) D21, D24 11/30/2015 6949 BUCKEYE STREET (street address) CHINO, CA 91710 (cIty/state/zIp) (909) 287-3030 (license class, and exp. date) 11/30/2015 (telephone no.) (909) 597-9738 (fax no.) paul@amfinstall.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 TK SYSTEMS, INC. dbs'AMERICAN MEZZANJNrPABRlCATION & INSTALLATION (AMF\ya Califojpla corporation By:, CITY OF CARLSBAD, a municipal corporation of the State of California By: 1 ) {y (sign here) y^ ' /t^rit name/title) "\ (sign here) AooicMht City May // -orp^artment I /Y as authorized by thelZflyl/Ianager y Jim i-iowell (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 of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Othenwise, 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, CityAttorney BY: \ssistant City Attorne; ALGA NORTE COMMUNITY PARK Page 3 of 5 MEZZANINEFABRICATION & INSTALLATION, CONTRACT NO. 38372 City Attorney Approved 2/7/13 All-purpose Acknowledgment SWE OF ^AltfiD^ni^ COUNTYOF ^man^\wo On t'c^ I cn^ ( )7t) \^ before me, the undersigned,a Notary Public in and for said State, personally appeared O personally known to me -OR- ^) proved to me on the basis of satisfactory evidence/to be the person(s) whose name(si^afe subscribed to the within Instrument and acknowledged to me that (^^ho/thcy executed the same ii^^Hj^hor/thcir authorized capacity(les), and that by(^)jiei/llielf slgnature{s) on the instrument the personlsKor the entity upon behalf of which the person(s) acted, executed the instrument. MIIHIIMHIIIiinillHIUNMIinilk WITNESS my hand and official seal. sSs^ C0lil.#19«n7 Q Signature /^• (J^V f J IJ 2\1*S^ ORHNGECOUNtY - U. Z MyCornmis8«nB(pie»$07/M(a015 • Name (type or printed) . . .1 . _ ^iiiliillllllllHIItlllMMMMM""' My commission expires: (Seal) HEL7494(2^» 97916) 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 # 800845 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. 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 800845 T K SYSTEMS INC DBA AMFI Extract Date 8/18/2014 Business Information Business Phone Number: (909) 287-3030 Entity Issue Date Expire Date License Status Classifications Bonding 6949 BUCKEYE STREET CHINO, CA 91710 Corporation 11/01/2001 11/30/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION D21 MACHINERY AND PUMPS D24 METAL PRODUCTS CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 10106248 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History https://www2.cslb.ca.gov/OnlineServices/CiieckLicensell/LicenseDe... 8/18/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) AGRACEWICZ PAUL ANDREW certified that he/she owns 10 percent or more ofthe voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/01/2001 WORKERS' COMPENSATION This license has workers compensation insurance with EVEREST NATIONAL INSURANCE COMPANY Policy Number: 7600012628141 Workers Compensation Effective Date: 01/01/2014 Expire Date: 01/01/2015 Workers' Compensation Historv Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of Galifornia https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/18/2014 PWM15-10PEM 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 ofthe 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 . nan Ke*Jr ar Hoy.^jj^; Ass«ic Sf*i D:A^^ ^012 1 Total % Subcontracted: ALGA NORTE COMMUNITY PARK Page 4 of 5 MEZZANINEFABRICATION & INSTALLATION, CONTRACT NO. 38372 City Attorney Approved 2/7/13 PV\/M15-10PEM EXHIBIT B JOB QUOTATION SCOPE OF WORK: General Requirements: • Any Debris, Packaging, or Waste is the responsibility of the Contractor. • The project site will be cleaned on a daily basis. TK Systems, Inc. dba AMFI includes following items: • Engineered drawings • All freight, loading, and unloading • Any equipment necessary to complete the work • Powder coating of the Mezzanine System (Full Color Line) • Furnish and install anchor system ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 Chlorine Tank Approx. 46" wide x 122" Deep x Approx. x 122" Top of Deck per Scope in proposal dated 4/28/14 with notes from the City (attached). $12,000.00 2 1 1 Muriatic Acid Tank Approx. 6' - 8" Wide x 36" Deep x Approx. x 98" Top of Deck per Scope in proposal dated 4/28/14 with notes from the City (attached). $11,400.00 TOTAL* $23,400.00 'Includes taxes, fees, expenses and all other costs. ALGA NORTE COMMUNITY PARK Page 5 of 5 MEZZANINEFABRICATION & INSTALLATION, CONTRACT NO. 38372 City Attorney Approved 2/7/13 /IMFI American Mezzanine Fabrication & Installation Q#042814-4 Patrick Vaughn, PE April 28, 2014 City of Carlsbad F.O.B.: Chino, CA 5950 El Camino Real. Est. Dellv.: 3-4 week after approved Carlsbad, CA 92008 50-25-25 Dear Mr. Vaughn, Muriatic Acid Tank For the supply of 1 ea. Structural Steel Mezzanine @ 125# per sq. ft per supplied specs and the following: 1 ea. Structure Handrail IBC staircases Landings +/-30 Sq. Ft. Gate Columns Base plates Beams: Bracing: Seismic Zone Approx. 6'-8" Wide x 36"" Deep x Approx. x 98" Top of deck. 14 Lin. Ft. 42" tall 3 rail with 14 ga. x 4" kick plate (IBC Approved) 1 ea. 24" Lapeyere Stair 0 ea. 48" x 48" 1" Bar grating 0 ea. 6'-0" swing gate 4" X 4" X 1/4"* Square Tube 8" Square Base plates Wide Flange l-Beams* 10", tall Knee brace 4 Structure $ 8,000.00 Licensed Installation $ 1,200.00 (opt.) Freight $ 600.00 (opt.) Engineering Calcs. & Drawings (CA) $ 1.600.00 (opt.) Total $ 11,400.00 The above proposal is based on the following: 1. Seismic Engineering and calculations have been included in this proposal, but obtaining permits are the responsibility of others. City will take plans & calcs to City bidg dept to obtain permit. 2. Freight is estimated and subject to adjustment. 3. Lift Equipment to unload and install NOT included. AMFI tO include thls COSt as well. 4. "Pricing Subject to engineering and or city approvals. 5. No consideration has been given to any modifications to the buildings existing fire protection system, which may be required by the fire authorities. AMFI to provide more info on finish. Structural 6. Mezzanine quoted is AMFI Standard design with SEFA approved palntsteel vvith hoyv many COatS pf what kind of paint? 7. No consideration has been given to the condition of the existing concrete slab; footings if requirea have not been included in above pricing. AMFI will review as bullts to confirm footing isn't needed; 8. Anchors supplied by others unless installed by [Sftj^ever, if Cltv bldadept reguires it, there will be additional costs. 9. AMFI IS not responsible for field measurements, customerto approve des^n priorto production: AMFI to supply and install anchors. Above pricing good for 30 (thirty) days from the date above. AMFI is responsible to conduct field measurements prior to fabrication. Thank you. Paul Agracewicz 6949 Buckeye Street, Chino, CA 91710 • (909) 287-3030 • FAX (909) 597-9738 S Sr >= £ ii ^ S § 3 •< 5 S 5 isi u u Q: . < • n. h <l m 3 (0 2 American Mezzanine Fabrication & Instaiiation Q#042814-3 Patrick Vaughn, PE April 28, 2014 City of Carlsbad F.O.B.: Chino, CA 5950 El Camino Real. Est. Dellv.: 3-4 week after approved Carlsbad, CA 92008 50-25-25 Dear Mr. Vaughn, Chlorine Tank For the supply of 1 ea. Structural Steel Mezzanine @ 125# per sq. ft per supplied specs and the following: 1 ea. Structure Handrail IBC staircases Landings +/-60 Sq. Ft. Gate Columns Base plates Beams: Bracing: Seismic Zone Approx. 46" Wide x 122" Deep x Approx. x122" Top of deck. 10 Un. Ft. 42" tall 3 rail with 14 ga. x 4" kick plate (IBC Approved) 1 ea. 24" Lapeyere Stair 0 ea. 48" x 48" 1" Bar grating 0 ea. 6'-0" swing gate 4" X 4" X 1/4"* Square Tube 8" Square Base plates Wide Flange l-Beams* 10", tall Knee brace 4 Structure $ 8,600.00 Licensed Installation $ 1,200.00 (opt.) Freight $ 600.00 (opt.) Engineering Calcs. & Drawings (CA) $ 1.600.00 (opt.) Total $ 12,000.00 The above proposal is based on the following: 1. Seismic Engineering and calculations have been included in this proposal, but obtaining permits are the responsibility of others. City will take plans & calcs to City bidg dept to obtain permit. 2. Freight is estimated and subject to adjustment. 3. Lift Equipment to unload and install NOT included. AMFI tO Include thlS COSt aS well. 4. *Pricing Subject to engineering and or city approvals. 5. No consideration has been given to any modifications to the buildings existing fire protection system^ which mav be required by the fire authorities. AMFT to provide more info on finish. Structural 6. Mezzanine quoted is AMFI Standard design with SEFA approved painfeteel wlth hOW many COatS of what kind of paint? 7. No consideration has been given to the condition ofthe existing concrete slab; footings If required have not been included in above pricing. AMFI will review as bullts to confirm foofing isn't needed; 8. Anchors supplied by others unless installed byj^^ever, If City bidg dept requires It, there will be additional costs. 9. AMFI is not responsible for field measurements, customer to approve deSlgn phor to production. AMFI to supply and install anchors. Above pricing good for 30 (thirty) days from the date above. AMFI is responsible to conduct field measurements prior to fabricafion. Thank you. Paul Agracewicz 6949 Buckeye Street, Chino, CA 91710 • (909) 287-3030 • FAX (909) 597-9738 1 'i ^ -S i St S Si 3 < z S 5 z Hi ill S ^•s 5 S z z ii u lli.