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HomeMy WebLinkAboutM C Painting; 2014-10-22; PWM15-29PEMPWM15-29PEM CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT EXTERIOR PAINTING OF FARADAY BUILDING /2. This agreennent is nfiade on the f£j2, day of /S/p/^^f/-^ 20/^^ the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and M C Painting, a California corporation, whose principal place of business is 2525 Ramona Dr., 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"). 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: Jesse Zunke (City Project Manager). PREVAILING WAGES NOT REQUIRED. The City ofCarlsbad 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. EXTERIOR PAINTING Page 1 of 5 City Attorney Approved 2/7/13 OF FARADAY BUILDING PWM15-29PEM 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 Carisbad to disqualify the Contracto^br subcontractor from participating in contract bidding. Signature: <| I'.x^^^i / Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, 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 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 ofthe 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 Carisbad 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, daniages, 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 \Notk: Contractor agrees to start within 5 woricing days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 40 woricing days after receipt of Notice to Proceed. EXTERIOR PAINTING Page 2 of 5 City Attomey Approved 2/7/13 OF FARADAY BUILDING PWM15-29PEM CONTRACTOR'S INFORMATION. M C PAINTING (name of Contractor) 695478 (Contractor's license number) C33 (license class, and exp. date) Exp 3-31-16 2525 RAMONA DR. (street address) VISTA, CA 92084 (city/state/zip) 760 599 8000 (telephone no.) 760 599 8775 (fax no.) shane@mc-paintinq.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 M C PAINTING,^ California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California Sprint name/title) ity Mafnagop, Deputy Crty Manager -er Department Director as authorized by the'UltyManager Jim Howell (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 ofthe 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. BREVVEF^, City Attorney BY: AssistanTCity Ati EXTERIOR PAINTING OF FARADAY BUILDING Page 3 of 5 City Attorney Approved 2/7/13 Check A License - License Detail - Contractors State License Board Page 1 of 4 Home I Online Services | Ucense Details Contractor's License Detail for License # 695478 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, (hide/show disclaimer) Business Information M C PAINTING 2525 RAMONA DRIVE VISTA, CA 92084 Business Phone Number:(760) 599-8000 Entity Corporation Issue Date 08/31/1994 Reissue Date 03/24/2000 Expire Date 03/31/2016 License Status This license is current and active. All information below should be reviewed. Classifications https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/16/2014 Check A License - License Detail - Contractors State License Board Page 2 of 4 C33 - PAINTING AND DECORATING Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS NDEMNITY COMPANY. Bond Number: SC6069929 Bond Amount: $12,500 Effective Date: 03/02/2009 Contractor's Bond Historv Bond of Qualifying Individual The Responsible Managing Officer (RMO) LEWIS MICHAEL CHRISTIAN 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: 03/24/2000 Workers' Compensation https://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDe... 9/16/2014 Check A License - License Detail - Contractors State License Board Page 3 of 4 This license has workers compensation insurance with the CALIFORNIA INSURANCE COMPANY iPolicy Number:46001498020 Effective Date: 06/01/2012 Expire Date: 06/01/2015 Workers' Compensation Historv Miscellaneous Information 03/24/2000 - LICENSE REISSUED TO ANOTHER ENTITY Other Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/16/2014 Check A License - License Detail - Contractors State License Board Page 4 of 4 Copyright © 2013 State of California Contractors State License Board https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/16/2014 PWM15-29PEM 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 ofthe 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." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted; EXTERIOR PAINTING OF FARADAY BUILDING Page 4 of 5 City Attorney Approved 2/7/13 PWM15-29PEM EXHIBIT B JOB QUOTATION Scope of Work: Provide labor, materials, and equipment to prepare and paint the exterior of the City of Carisbad Administration Building located at 1635 Faraday Ave. Carisbad, CA. All Painting will be performed during weekends scheduled with City of Carisbad Facilities staff. Specifications: • Expansion Joint Caulking- DAP Dyna-Flex 230 • Metal Primer- Exterior Metal Primer • Stucco Primer-Tinted Primer • Finish Coat-100% Acrylic flat exterior paint Proposal: • Pressure Wash - Contractor shall Low-Pressure power wash all stucco, trim, and metal to remove dirt and chalky paint & promote adhesion. • Scraping - Contractor shall remove loose paint on the stucco, doors, and door jambs by scraping or wire brush. • Expansion Joints - Contractor shall scrape and remove loose, and peeling paint from expansion joints. • Expansion Joint Caulking - Contractor shall caulk the expansion joints on an as needed basis. • Masking - Contractor shall protect landscaping, concrete, walls and windows from spills, splatters, and overspray using tape, paper, plastic, and drop clothes. • Metal Primer - Contractor shall prime the following: Utility Doors Trash Enclosures Pipes Metal Doors Exposed Steel around Back Entrance Stucco Primer- Contractor shall prime the exterior ofthe building using one (1) Coat of Dunn Edwards Flex Prime or Approved Equal. Stucco Finish- Contractor shall paint the exterior of the building using one (1) coats of Dunn Edwards Evershield 100% Acrylic Flat Exterior Paint or Approved Equal. Contractor shall back roll finish coats. Miscellaneous Metal- Contractor shall paint all exterior metal using two (2) coats of Dunn Edwards Endura Gloss Exterior Oil Based gloss enamel or Approved Equal. Stucco Cap- Contractor shall paint Stucco Cap using one (1) coats of Dunn Edwards Sparta Shield 100% Acrylic Flat Exterior Paint or Approved Equal. Stucco Cap will be a separate color. Clean Up- Project Waste and Debris shall be removed from the site daily. Contractor shall walk the site with City of Carisbad representative to identify and correct any project clean up items before the work is accepted. Extra Paint- Contractor will leave touch-up paint in labeled cans. Price: $22,764 Includes taxes, fee's, expenses and all other costs. EXTERIOR PAINTING Page 5 of 5 City Attorney Approved 2/7/13 OF FARADAY BUILDING