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Home My WebLink AboutMC Painting; 2015-08-18; PWM16-06PEMCITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: PWM16-06PEM Date Routed: To: Department Head Construction Management & Inspection Reasons for changes: Item 1 : After stucco and corner bead was removed it revealed extensive rust damage to the underlying lathe. Both the south and west facing walls had extensive rust damage top to bottom extending two feet from the southwest corner. Contractor is being requested to remove two additional feet of stucco in each direction from southwest corner. COST ACCOUNTING SUMMARY: Original contract amount $20,610.00 Total amount this C/0 $2,940.00 Total amount of previous C/O's $0.00 Total C/O's to date $2,940.00 New Contract Amount $23,550.00 Total C/O's as% of original contract 14.26% Contingency amount encumbered $0.00 Contingency increase I decrease $0.00 Contingency Subtotal $0.00 Total C/O's to date $2,940.00 Contingency balance -$2,940.00 Note: this CCO will be encumbered to the PO once fully executed. Project:# PWM16-06PEM • Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: Fire Station 6 -Exterior Wall Repair CONTRACT NO. PWM1.6-06PEM ACCOUNT NO. 001-5310-7550 CONTRACTOR: MC Painting ADDRESS : 2525· Ramona Dr Vista, CA 92084 P.O. NO. P130688 The Contractor is directed to make the following changes as descrlbed herei1n. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charg.es for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Provide all labor, equipment and materials necessary to remove and replace an additional two (2) feet of stucco on either side of the southwest corner repairs covered in the original contract. Contractor shall remove and replace rusted lathe and shall seat and re-stucco repaired areas as directed by the city. Increase to contract cost. ................................................................ $2,940.00 TOTAL INCREASE TO CONTRACT COST ................................................... $2,940.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 10 WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. :-----1 cj o I~ CONSTRUCTION MANAGER (DATE) ~~ DIST.RIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR PWM16-06 PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION #6 EXTERIOR WALL REPAIR This agreement is made on the dayof /^/(^ ^7/:^. 2015. bythe Gity of Carlsbad, California, a municipal corporation, (hereinafter'Gatted/''City"), and MC Painting, a California corporation, whose principal place of business is 2525 RamoraWive, 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) 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. The contractor to whom the contract is awarded shall not pay iess than the said specified prevailing rates of wages to all workers employed by him or her In execution of the contract. The Prime 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. 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. FIRE STATION #6 EXTERIOR WALL REPAIR Page 1 of 6 City Attorney Approved 4/11/15 PWM16-06PEM 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: r~\ ( Signature: Jh^ . iPJJfj nfXM/ Pnnt Name: ^ /.g!fyi| (i^6{ ( $? 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 insurers that have a current Best's Key Rating of not less than "A-:VH"; 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 iess 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. 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 FIRE STATION #6 EXTERIOR WALL REPAIR Page 2 of 6 City Attorney Approved 4/11/15 PWM16-06PEM 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 twenty (20) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within twenty (20) working days after receipt of Notice to Proceed. CONTFIACTOR'S INFORMATION. MC PAINTING (name of Contractor) 695478 (Contractor's license number) C-33, Exp. 3/31/2016 (license class, and exp. date) /// /// /// /// /// /// /// /// /// 2525 RAMONA DRIVE (street address) VISTA, CA 92084 (city/state/zip) 760-599-8000 (telephone no.) 760-599-8775 (fax no.) www.mc-painting.com (e-mail address) FIRE STATION #6 EXTERIOR WALL REPAIR Page 3 of 6 City Attorney Approved 4/11/15 eck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 695478 ISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this formation, you should be aware of the foilowing limitations. 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. Classifications jCSS - PAINTING AND DECORATING Bonding Information Contractor's Bond kh\s license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY, pond Number: 806069929 iond Amount: $12,500 lEffective Date: 03/02/2009 pontractor's Bond History Bond of Qualifying Individual IfheRespon^Wnaging Officer (RMO) LEWIS MICHAEL CHRISTIAN certified that he/she owns 10 percent or more ofthe Ivoting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/24/2000 Workers' Compensation [rhis license has workers compensation insurance with the CALIFORNIA INSURANCE COMPANY 'olicy Number:4600149802 Effective Date: 06/01/2012 Expire Date: 06/01/2016 torkers' Compensation History „ iWiscellaneous Information 03/24/2000 - LICENSE REISSUED TO ANOTHER ENTITY Other ps://wv^w2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiI.aspx?LicNum=695478 7/29/201 eck A License - License Detail - Contractors State License Board Page 2 of ! Personnel listed on this license (current or disassociated) are listed on other licenses. | ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=695478 7/29/201 California Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home Labor Law Cal/OSHA Safely 8. Health Workers'Comp Setf Insurance Apprenticeship Director's Office Boards Department of Jndustria] Relalions (DIR) Public Works Contractor Registration Search Thisis a listing of current and active contractor registrations pursuant to Division 2, Part 7. Chapter 1(coinniencingwith section 1720) ofthe California Labor Code. Enter at teast one search criteria to display active registered public worlis contractor(s) matctiing your selections. Registration Year: | Current Fiscal Year 2016 I Registration Number: | Contractor Legal Name: | | Contractor License Lookup License Number: 1695478 County: I Select County Search Reset Public Worlts Contractor Registration Web Search Results One Registered Contractor found. 1 Details Legal Name Vievj MC PAINTING INC Registration Couniy Cily Number 1000026859 SAN DIEGO ViSTA Export as: Excel | PDF Regislration Expiration Date Date 07/27/2015 06/30/2016 v2.20150701b About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications 8i permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions lobs at DIR Conditions of Use Privacy Policy Disclaimer ' Disability accommodation Site Help Copyrighl €> 201S State of CalHornia https://efiling.dir.ca.gOv/PWCR/Search.action 7/29/2015 PWM16-06PEM 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 MC PAINTING, a California corporatioi; By: CITY OF CARLSBAD, a municipal corporation of the State of California By: Patripk A. Thomas yPuBiic Works Director as authorizeoiiy the City Manager (sign lefe; Kerry Lewis / CEO (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 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: FIRE STATION #6 EXTERIOR WALL REPAIR Page 4 of 6 City Attorney Approved 4/11/15 PWM16-06PEM EXHIBIT A LISTING OF SUBCONTFiACTORS BY GENEFIAL 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 License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: NONE FIRE STATION #6 EXTERIOR WALL REPAIR Page 5 of 6 City Attorney Approved 4/11/15 PWM16-06PEM EXHIBIT B SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL MC Painting will provide all materials, labor and clean up to fulfill the expected work described below. The objective is to remove all rust from the west fence and west side stucco ofthe main building. Contractor is expected to restore/seal exposed metal with "red oxide primer" and to finish treated fence and stucco to be like new. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 Metal Perimeter Fence Repair (West side) - sand, treat rust, prime and paint with acrylic paint. Includes stair metal, mezzanine rails and trellis supports. $7,580.00 2 1 1 Building Stucco Repair (West side) - demo rusted stucco and corner bead, replace corner bead, patch stucco, prime and paint with acrylic paint. $10,530.00 3 1 1 Miscellaneous reimbursables for any unforeseen conditions discovered upon demo. IJsable only with the approval of the project manager or his designated representative. $2,500.00 TOTAL* $20,610.00 *lncludes taxes, fees, expenses and all other costs. FIRE STATION #6 EXTERIOR WALL REPAIR Page 6 of 6 City Attorney Approved 4/11/15