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HomeMy WebLinkAboutDiamond Striping Services; 2014-09-29; PWM15-14PEMPWM15-14PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE COMMUNITY PARK STRIPING SERVICES; CONTRACT NO. 3837 This agreement is made on the _ JL/ ' ' day of ^/J/t^/Y)r.(T . 20 the City of Carlsbad, California, a municipal corporation, (hereiiTaffer'x;a'lled "City"), and Diamond Striping Services, Inc., a California corporation whose principal place of business is 6904 Birchcreek Road, San Diego, CA 92119 (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 (City 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 PARK STRIPING Page 1 of 5 City Attorney Approved 2/7/13 CONTRACT. NO. 3837 PWM15-14PEM 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: t^^okt. / L- 0^cJ<yet- 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 fomn 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 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. INDEIWINITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the Cify, and its officers and employees, from all claims, loss, damage, injury and liabilify of every kind, nature and description, directly or indirectly arising from or in connection with the perfonnance 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 liabilify, 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 Cify. 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 Counfy, 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 ninefy (90) working days after receipt of Notice to Proceed. ALGA NORTE PARK STRIPING Page 2 of 5 Cify Attorney Approved 2/7/13 CONTRACT. NO. 3837 PWM15-14PEM CONTRACTOR'S INFORMATION. DIAMOND STRIPING SERVICES, INC. 6904 BIRCHCREEK ROAD (name of Contractor) 949883 (street address) SAN DIEGO, CA 92119 (Contractor's license number) C32 (cify/state/zip) 619-318-6244 (license class, and exp. date) 3-31-16 (telephone no.) (fax no.) randv@diamondstripingservices.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 authorify to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR DIAMOND STRIPING SERVICES, INC. a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) AMTicfcmt Cify tAom^r, Dapufy City Mana§ef I i T\ L / «r Department Director /^^<y^<-1 L -MtcXCf^ (OcAjHti^J as authorized by the t:ityi«anager --"'^ ^ Jim Howell S€e oJ^Q%jLT^r%Uf. Ccrf.V. of Wf.' By: (sign here) (print name/title) If required by Cify, 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 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: CELIAA. BREVVER, CityAttorney BY: Assistant Cify ALGA NORTE PARK STRIPING CONTRACT. NO. 3837 Page 3 of 5 Cify Attomey Approved 2/7/13 ACKNOWLEDGMENT State of California County of San Diego before me, Marie A. Elmquist, Notary Public, On personally appeared V/inyJal /. « T^jfokClT , who proved to me on the basis of satisfactory evidence to be the personO^ whose namej^,^ js/are subscribed to the within instrument and acknowledged to me thaUie/she/they executed the same in his/her/their authorized capacity(ie«), and that byjTjs/her/their signaturej;»f on the instrument the person(^, orthe entity upon behalf ofwhich the person j^a;^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature y^j/^c£. (Seal) MARIE A. ELMQUIST \ Commission # 2032414 I Notary Public - California 1 San Diego County g MyComm. Expires Jul 31. 20171 » w\ ACTION OF THE INCORPORATOR OF DIAMOND STRIPING SERVICES, INC. a CaUfomia cotporation The following action is taken by die Incorporator of Diamond Striping Services, Inc., a Califomia corporation (the "Corporation"), by the written consent of the Incorporator of the Corporation on the date set forth below, pursuant to Sections 210 and 307(c) of the Califomia Corporations Code. By this writing, the Incorporator of the Corporation approves and adopts the following resolutions: 1. Adoption of Bylaws. RESOLVED, the Bylaws presented to the Incorporator entitled "Bylaws of Diamond Striping Services, Inc." are adopted as the Bylaws of the Corporation. 2. Election of Directors. RESOLVED, Randal Decker is elected to serve as the sole initial member of the Board of Directors of the Corporation, to serve until his resignation or removal or until his successor is elected. The Incorporator of the Corporadon consents to and approves the foregoing resolutions. Effective Date: January 2,2013 ") Cecilia Chen, Incorporator r Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSyMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 949883 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe foilowing 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 Business Information Entity issue Date Reissue Date Expire Date License Status Classifications Bonding 949883 Extract Date 8/18/2014 DIAMOND STRIPING SERVICES INC Business Phone Number: (619) 318-6244^ 6904 BIRCHCREEK ROAD SAN DIEGO, CA 92119 Corporation 07/13/2010 03/18/2014 03/31/2016 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C32 PARKING AND HIGHWAY IMPROVEMENT CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY. Bond Number: 213088 Bond Amount: $12,500 Effective Date: 03/18/2014 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL https://www2.cslb.ca.gov/OnlineServices/Cliecl<Licensell/LicenseDe... 8/18/2014 Checl< a License - License Detail - Contractors State License Board Page 2 of 2 Workers' Compensation 1. The Responsible Managing Officer (RMO) DECKER RANDAL LANCE 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: 03/18/2014 WORKERS' COMPENSATION This license has workers compensation insurance with NORGUARD INSURANCE COMPANY Policy Number: DIWC448614 Effective Date: 11/26/2013 Expire Date: 11/26/2014 Workers' Compensation History Personnel List Conditions of Use | Privacv Policv Copynght © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/18/2014 PWIVI15-14PEM 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 Authorify, setting forth the facts consfituting the emergency or necessify 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 suttcontractors 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 Totai Contract Total % Subcontracted: ALGA NORTE PARK STRIPING CONTRACT. NO. 3837 Page 4 of 5 City Attomey Approved 2/7/13 PWIVI15-14PEM EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNrr QTY DESCRIPTION ^ PRICE 1 $0.50 2300 stripe approximately 2300 l.f. of re curb with stenciling face and top of curb $1,150.00 2 $175.00 26 install no parking fire lane signs per code every 50 l.f. of red curb $ 4,550.00 3 $65.00 9 round galvanized pole with concrete foofing install 8 no parking signs on existing poles with a band 1 is on trash can per job walk $ 585.00 4 $175.00 2 install 2 enter fire lane signs with pole and concrete footing $ 350.00 Refer to "MARKING OF FIRE APPARATUS ACCESS ROADS" provided by Cify of Carlsbad Fire Department and drawings showing locafions of signs. TOTAL* $ 6,635.00 *lncludes taxes, fee's, expenses and all other costs. ALGA NORTE PARK STRIPING CONTRACT. NO. 3837 Page 5 of 5 City Attorney Approved 2/7/13