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HomeMy WebLinkAboutSteven R. Gough dba Seaside Specialty Construction; 2021-06-14; PWM21-1504FACPWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 1 of 7 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT 100-YARD RANGE SUSPENDED CEILING INSTALLATION STEVEN R. GOUGH D.B.A. SEASIDE SPECIALITY CONSTRUCTION, CONT. NO. 4743 This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Steven R. Gough, an individual, d.b.a. Seaside Specialty Construction whose principal place of business is 7040 Avenida Encinas, #104-304, Carlsbad, CA 92011 (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 including Exhibit “B and C” 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: Jason Kennedy (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 14th June PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 2 of 7 City Attorney Approved 1/20/2020 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. 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: Steven R. Gough_____________________ 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. DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 3 of 7 City Attorney Approved 1/20/2020 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. 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after commencing work. CONTRACTOR’S INFORMATION. Steven R. Gough d.b.a. Seaside Specialty Construction 7040 Avenida Encinas #104-304 (name of Contractor) 631072 (street address) Carlsbad, CA 92011 (Contractor’s license number) C-2 10/31/22 (city/state/zip) 760-814-8848 (license class. and exp. date) 1000014333 (telephone no.) N/A (DIR registration number) 6/30/21 (fax no.) seaside.sg@gmail.com (DIR registration exp. date) (e-mail address) DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 4 of 7 City Attorney Approved 1/20/2020 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 Steven R. Gough, an individual, d.b.a. Seaside Specialty Construction CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Steven R. Gough, Owner 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: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 5 of 7 City Attorney Approved 1/20/2020 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 NONE Total % Subcontracted: 0______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 6 of 7 City Attorney Approved 1/20/2020 EXHIBIT B 100-YARD RANGE SUSPENDED CEILING INSTALLATION JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 -Provide labor, materials and equipment for the installation of approximately 3,600 square feet of new 2' x 4' heavy duty suspended ceiling grid system (Color: White). Contractor will ensure suspended grid and finished ceiling tile surface is a minimum of 3-inches above existing fire suppression sprinkler heads. -Install PolyCore 2’ x 4’ x 1” (Color: White) acoustic tiles into the suspended ceiling grid system. -Cut and adhere PolyCore material to the underside surface of twenty-seven (27) steel beams located below the suspended ceiling grid surface. -Cut and adhere approximately 200 square feet of PolyCore material to the metal ceiling substrate above the ceiling mounted range exhaust system located at the 50-yard firing line. -Install approximately 400 square feet of 2’ x 4’ x 1” tiles to steel wall studs at the elevation wall located above the 100-yard firing line. ***Notes: 1. City will provide 4,200 square feet of PolyCore acoustic tiles (Color: White). 2. Fire prevention heat detection units being lowered below new susepended ceiling grid are not included in this quotation. City will coordinate lowering the heat detection units in two locations along the 100-yard range prior to ceiling tiles being installed. $24,892.00 TOTAL* $24,892.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 PWM21-1504FAC 100-Yard Suspended Ceiling Installation Contract No. 4743 Page 7 of 7 City Attorney Approved 1/20/2020 EXHIBIT C PHOTOGRAPHIC DOCUMENTATION 100-Yard Shooting Range (View Downrange) Elevation Wall with Metal Studs Above 100-yard Line Exposed Metal Roof (View Towards Near 50-yard Line) Exposed Metal Roof (View Towards 100-yard Line) Exposed Metal Roof and Steel Beam Surfaces Range Exhaust System Above 50-yard Line DocuSign Envelope ID: 5D7BFD61-8C01-4EF5-918E-B8852E0FB509 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Murrieta CA 92564 P.O Box 947 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services 1,000,000 1,000,000 1,000,0001/1/20221/1/2021MWC0140236-03YC 1/1/20221/1/2021 1,000,000Hired/Non-Owned 1,000,000 1,000,000 1,000,000 1/31/20221/31/2021BA040000012204 8 8 8 B 2,000,000 2,000,000 1,000,000 15,000 500,000 1,000,000 10/04/202110/04/2020BLW2162015549Y 8 8 A 38970F 38342MERCURY INSURANCE 24074OHIO CAS INS CO 92011CACarlsbad 7040 Avenida Encinas Ste 104-304 Steven R Gough dba Seaside Specialty Construction holly@aviains.com 76063015978887242124 Holly Bishop 92085CAVista PO Box 1480 Alta Vista Insurance Agency 6/7/2021 INSURER C : MARKEL INSURANCE COMPANY X x 5480ofCOMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART CG 24 26 04 13 Page 1 of 1 5580of62015549003041280COMMERCIAL GENERAL LIABILITY CG 84 94 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. EXCLUSION - CONSOLIDATED INSURANCE PROGRAMS (WRAP-UP) Includes copyrighted material of ISOProperties, Inc.,with its permission.CG 84 94 12 08 Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.The following exclusion is added to Paragraphs 2.of Section I - Coverage A - Bodily Injury And Property Damage Liability, Coverage B - Personal And Advertising Injury and Coverage C - Medical Payments: 2. Exclusions This insurance does not apply to: "Bodily injury", "property damage", "personal injury and advertising injury" or medical expenses arising directly or indirectly out of your current ongoing operations or included within the "pro- ducts-completed operations hazard" at any site or location where you or your subcontractors or employees working on your behalf are performing or previously performed operations if any insured under this policy entered into contracts or agreements commonly referred to as consoli- dated insurance programs (Wrap-Up) providing general liability coverage at that site or location. However, this exclusion does not apply to other jobs or work that you performed at such site or location if such other jobs or work were not done as part of contracts or agreements commonly referred to as consolidated insurance programs (Wrap-Up). This exclusion applies whether or not the consolidated insurance programs (Wrap-Up): a.Provide coverage identical to that provided by this coverage part; b.Have limits adequate to cover all claims; or c.Remain in effect. B.The following is added to Section IV - Commercial General Liability Conditions Paragraph 5. Premium Audit: In computing premium for this policy, we will not include any payroll or costs paid to your subcontractors for work at any site or location where any insured under this policy had entered into contracts or agreements commonly referred to as consolidated insurance programs (Wrap- Up) providing insurance coverage at that site or location prior to your work at such site or location. A copy of the consolidated insurance program (Wrap-Up) certificate or similar documents issued to you verifying coverage must be provided to us when we audit this policy. 5680ofCOMMERCIAL GENERAL LIABILITY CG 84 99 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. NON-CUMULATION OF LIABILITY LIMITS (SAME OCCURRENCE) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1400 05 10 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1.Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers’ Compensation pre-mium otherwise due subject to a minimum premium of $750 per policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective    01/01/2020 Policy No.  MWC0140236-02 Endorsement No. Insured:   Gough, Steve Premium (See Attached) Insurance Company:Markel Insurance Company Countersigned  by_____________________________  MWC14000510 Includes copyrighted material of National Council on Compensation Insurance with its permission Copyright 1983 National Council on Compensation Insurance.   30 of 34