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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
PAINTING OFFICES IN PLANNING DEPARTMENT AT 1635 FARADAY AVENUE
CONT. NO. 4720
This agreement is made on the ~~ day of A.\.)~ US~ , 2016, by the City
of Carlsbad, California, a municipal corporation, (hereinafter calle "City"), and MC Painting, Inc., a
California corporation, whose principal place of business is 2525 Ramona Drive, Vista, CA 92084
(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") and in summary include
repainting all office walls carpet and base in the Planning Department at the City of Carlsbad Faraday
Center located at 1635 Faraday Ave, Carlsbad, CA 92008.
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:
Michael O'Brien
(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.
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720 Page 1 of6 City Attorney Approved 2/29/2016
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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 contract r may be prevented from further bidding on
public contracts for a period of up to five years and that barment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or sub ntractor from participating in contract bidding.
Signature:
Print Name:
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.
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720 Page 2 of6 City Attorney Approved 2/29/2016
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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 ten (1 0) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice
to Proceed.
CONTRACTOR'S INFORMATION.
MC Painting, Inc.
(name of Contractor)
695478
(Contractor's license number)
Class C33 exp. 3/31/18
(license class. and exp. date)
1000026859
(DIR registration number)
6/30/2017
(DIR registration exp. date)
Ill
Ill
Ill
Ill
Ill
Ill
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720
518 Washington Ave.
(street address)
Vista, CA 92084
(city/state/zip)
760-599-8000
(telephone no.)
760-599-8775
(fax no.)
shane@mc-painting.com
(e-mail address)
Page 3 of6 City Attorney Approved 2/29/2016
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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.
MC PAINTING, INC. a California corporation
/ 1 ~~/Lr;J By:
By:
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf_§
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
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:~~
Deputy City Attorney
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720 Page 4 of 6 City Attorney Approved 2/29/2016
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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 Business Name and Address
be Subcontracted
Total % Subcontracted: ___ :!+"-· __ _
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720 Page 5 of6
DIR Registration
No.
License No., %of
Classification & Total
Expiration Date Contract
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EXHIBIT 8
MC Painting, Inc. will provide all equipment, materials and labor necessary to repaint the offices
of the City's Planning Department located at 1635 Faraday Avenue in Carlsbad. This includes,
but not limited to, wall prep, protect adjacent surfaces, remove rubber base from offices, spot
patch any holes or dings in wall the size of a quarter or smaller, spot prime and apply 100% acrylic
paint to match existing color to gyp board walls at offices per floor plan sent on 7/14/16, removing
and replacing pictures, white boards and other items affixed to the walls, and clean-up of work
spaces. Color to match existing colors.
Work to be completed in five (5) to seven (7) phases and will include after hours and concurrent
weekend work as determined by the project manager. Phases (1-7) are illustrated below in figure
1 and may vary depending on Planning Department employee's schedules.
Workmanship will be consistent with the guidelines described in the 2015 edition of the
"Greenbook" Standard Specifications for Public Works Construction, section 310-Painting (31 0-
1.1 thru 310-1.4).
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
Repaint all offices and meeting rooms in
1 LS 1 Planning Department located at 1635 Faraday $15,830.00
Avenue in five to seven phases (night and
weekend work)
TOTAL* $15,830.00
*Includes taxes, fees, expenses and all other costs.
PAINT OFFICES IN PLANNING DEPT.
CONT. NO. 4720 Page 6 of6 City Attorney Approved 2/29/2016
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