HomeMy WebLinkAboutBW Drywall Inc; 2021-03-17; PWM21-1421FACPWM21-1421FAC
EOC - Selective Drywall Work - Cont. No. 4719 Page 1 of 6 City Attorney Approved 1/25/2019
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE AND FIRE HEADQUARTERS/EMERGENCY OPERATIONS CENTER (EOC) – SELECTIVE DRYWALL WORK; CONT. NO. 4719
This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and BW Drywall, Inc., a California corporation whose principal place of business is 4025 Baldwin Lane, Carlsbad, CA 92008 (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: Steven Stewart (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. Contractor 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. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the 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. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
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EOC - Selective Drywall Work - Cont. No. 4719 Page 2 of 6 City Attorney Approved 1/25/2019
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 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 Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________
Print Name: _______Brad Wilson__________________
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 California admitted 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 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 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. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.
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EOC - Selective Drywall Work - Cont. No. 4719 Page 3 of 6 City Attorney Approved 1/25/2019
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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed.
CONTRACTOR’S INFORMATION.
BW Drywall, Inc. 4025 Baldwin Lane (name of Contractor) 794236
(street address) Carlsbad, CA 92008
(Contractor’s license number)
C9 12/31/2022
(city/state/zip)
760-727-7838 (license class. and exp. date) 1000539545
(telephone no.) N/A (DIR registration number) 06/30/2021
(fax no.) office@bwdrywall.net
(DIR registration exp. date) (e-mail address)
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DocuSign Envelope ID: E3CD2233-C744-47AB-A35B-1E1602740D02
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EOC - Selective Drywall Work - Cont. No. 4719 Page 4 of 6 City Attorney Approved 1/25/2019
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 BW DRYWALL, INC.,
a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here)
Brad Wilson, President & CFO
Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager
(print name/title)
By:
(sign here)
(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 Group B Chairman, President, or Vice-President
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
BY: _____________________________ Assistant City Attorney
DocuSign Envelope ID: E3CD2233-C744-47AB-A35B-1E1602740D02
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EOC - Selective Drywall Work - Cont. No. 4719 Page 5 of 6 City Attorney Approved 1/25/2019
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 DIR Registration No. License No., Classification & Expiration Date
% of Total Contract
Total % Subcontracted: ____ _________
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
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EOC - Selective Drywall Work - Cont. No. 4719 Page 6 of 6 City Attorney Approved 1/25/2019
EXHIBIT B
POLICE AND FIRE HEADQUARTERS/EOC - SELECTIVE DRYWALL WORK; CONT. NO. 4719
JOB QUOTATION
Summary of Work Interior drywall patching and metal stud framing in the Emergency Operations wing of the facility
located at 2560 Orion Way Carlsbad . Per the architect: the framing above the ceiling was intended for acoustical properties, which is why the studs/gyps were brought up that high. The studs and gyp will need to be reframed as part of this scope of work. Drywall area to be removed
is roughly 70 sq. ft, 14’ tall per sketch. Paint areas where drywall was repaired by B W Drywall. Patch back plaster on exterior wall after accessing interior framing.
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 hours 80 Prevailing Wage Journeyman time allowance (Hourly rate = $57.63) NTE $4,610.40
2 hours 20 Prevailing Wage Apprentice time allowance (Hourly rate = $29.98) NTE $599.60
3 Lot 1 Allowance for new building materials (Based on material price + 15% markup) NTE $3,500
4 Lot 1 General Conditions (Billed at rate of $73.63 per hour of Journeyman & Apprentice time)
NTE $5,890
TOTAL* (Not to Exceed maximum, justified by time
and material tickets submitted and approved by city
on a daily basis):
NTE $14,600
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: E3CD2233-C744-47AB-A35B-1E1602740D02
3 43.1
E
F
G
884 SF
PHYSICAL
FITNESS
161
Carlsbad Safety Center Renovation
Physical Fitness Floor Plan | Not to Scale | 08.03.20 | 1 of 1
12'-0"28'-0"DASH LINE INDICATES DEMO (E)
GYP. BD. TO BOTTOM OF CEILING
@ 9'-0" AFF. LEAVE INSULATION IN
PLACE.
DO NOT DEMO (E) CEILNG TILES
RELOCATE EXISTING
EQUIPMENT TO PROVIDE
ACCESS TO THE SPACE
DIRECTLY IN FRONT OF THE
REMOVED GYP BD.
3'-0"3'-0"Scope of Work:
The scope is drywall cutting and removal
for an estimated 360 square feet, minus
window space. About 12ft in length on the
East side of the room and about 28ft in
length on the North side of the room up to
the ceiling about 9ft high. We are aiming to
get a look at the inside face of the façade
panels and the conditions around their
joints and connections. The wall insulation
can be left in place. No ceiling demo is
necessary. A 3-foot clear space will be
required to safely access the work area.
Please be advise that new drywall, taping,
skim coating, patching, repair, painting and
cleaning will be required after the
observation work is completed.
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Exhibit B (continued)
DocuSign Envelope ID: E3CD2233-C744-47AB-A35B-1E1602740D02