Loading...
HomeMy WebLinkAboutStatewide Stripes Inc; 2014-10-06; PWM15-18TRANPWM15-18TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REPAINT THERMOPLASTIC CROSSWALKS This agreement is made on the //^ day of ^T^??7^/&/^ , 2014, by the City ofCarlsbad, California, a municipal corporation, (hereinafter called "City"), and Statewide Stripes, Inc., a California corporation, whose principal place of business is P.O. Box 600710, San Diego, CA, 92160-0710 (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 provide all labor, materials and equipment necessary to install thermoplastic crosswalk lines per the current version of the California MUTCD, Caltrans Standard Plans and Drawings, the latest version of the Green Book and follow the City of Carisbad engineering standards and specifications. A list of estimated quantities and locations are attached as Exhibit C (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 Carisbad 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: Clayton Dobbs, (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carisbad 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 of Carisbad 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. REPAINT THERMOPLASTIC CROSSWALKS Page 1 of 6 City Attorney Approved 2/7/13 PWM15-18TRAN Contractor tiereby acknowledges ttiat 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 ContractppoTsuBctontracter from participating in contract bidding. ntracter from partic Signature: Print Name: PRVlD "Bg^mFirrte. 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 fumished 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 ofat least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of Califomia 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. 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 wori<; 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 woric 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 10 working days after receipt of Notice to Proceed. REPAINT THERMOPLASTIC CROSSWALKS Page 2 of 6 City Attomey Approved 2/7/13 PWM15-18TRAN CONTRACTOR'S INFORMATION. STATEWIDE STRIPES, INC. P.O. BOX 600710 (name of Contractor) (street address) 788286 SAN DIEGO, CA 92160-0710 (Contractor's license number) (city/state/zip) C32, CSS, D38 858-560-0158 (license class, and exp. date) (telephone no.) Exp. 12/31/14 858-560-0158 (fax no.) kevin(a)statewidestripes.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 CITY OF CARLSBAD, a municipal corporation STATEWIDE STRIPES, INC., a California of the State of California corporatjj By: (sign here) AooijittQht City lyirfogcf, Poputy City Managor -OWTD BRtlhRrrte-PteSiPenr /^sa^SdTS'e^mer (printname/title) ^ Jim Howell By: l'l^^^^f',^^^0^ (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, Secretary, President, or Assistant Secretary, Vice-President 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 City Attorney ^ REPAINT THERMOPLASTIC CROSSWALKS Page 3 of 6 City Attomey Approved 2/7/13 MINUTES OP SPECIAL MEETING OF THE BOARD OF DIRECTORS OF STATEWIDE STRIPES, INC. A CAUFORNIA CORPORATION A special meeting of the Board of Director(s) of Statewide Stripes, Inc., a Califbmia corporation ('Corporation'), was held on the date and at the time and place Indicated below: DATE: January 15,2013 TIME: 10:30 a.m. PLACE; Office of the Corporation The following Director(8) of the Corporation was/Were present at the meeting, to wit: David Brilhante David Brilhante presided at the meeting as chainnan CChalman'O and acted as Secretary. WAIVERPFNQTIQ^ On motion duly made, seconded and unanimously carried, it was resolved that by signature to these Minutes, notice of time and place of this mooting would bo waived and the Minutes approved. AUTHORIZATION TO BIND CORPORATION The Chairman presented to the meeting thatthe Corporation was executing a contract with the City of Carisbad and the City seeks confimialion of the Corporation's officer(s) authorized to execute contracts and bind the Corporation. The Chaimian presented for discussion the proposal that a resolution be approved specifying that David Brilhante, the Corporation's presklent, treasurer and secretary, by his signature alone, has authority to execute contracts and bind the Corporatton. After due discusston and upon notice duly made, seconded and unanimously carried, the following resolution was adopted: Pagel of2 RESOLVED that DavkJ Brilhante Is the president, treasurer and secretary of this Corporation with authortty to execute contractual agreements on behalf of the Corporatton and bind Corporation as to all and contracts including, but not limited to, contracts for^h the City of Carlsbad. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously canied, the meeting was adjourned. DavM Brilhante, Secretary MINUTES APPROVED David Brilhante, Director Page 2 of 2 Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 788286 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe following 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 Expire Date License Status Classifications Bonding 788286 Extract Date 8/21/2014 STATEWIDE STRIPES INC Business Phone Number: (858) 560-6887 ^ POBOX 600710 SAN DIEGO, CA 92160 Corporation 12/05/2000 12/31/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C33 PAINTING AND DECORATING C32 PARKING AND HIGHWAY IMPROVEMENT D38 SAND AND WATER BLASTING CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY. Bond Number: 120571 Bond Amount: $12,500 https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/21/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 Effective Date: 01/30/2014 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BRILHANTE DAVID ANTHONY 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: 02/19/2014 BQI's Bond Histop/ WORKERS' COMPENSATION This license has workers compensation insurance with CALIFORNIA INSURANCE COMPANY workers- Compensation P°"^y N^-^ber: 4600851101 Effective Date: 06/01/2012 Expire Date: 06/01/2015 Workers' Compensation History Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/21/2014 PWM15-18TRAN EXHIBITA 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 perfonned under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perfonn 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." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted; REPAINT THERMOPLASTIC CROSSWALKS Page 4 of 6 City Attomey Approved 2/7/13 ^hondajGasger^^ From: Sent: To: Subject: Importance: Kiera <Office@statewidestripes.com> Tuesday, September 30, 2014 9:41 AM Rhonda Gasper-Heather Page 4 of Contract, Statewide Stripes, Inc. High Rhonda, Statewide Stripes, Inc. will not be using any Subs for this Project. Thaiik You, Kttra c^tv\.ts.ta Contract Admini.strator/Accounts Payable Statemde Stripes, Inc. Ph-858.560.6887 Fx-858.560.0158 PWM15-18TRAN EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRiPTiON PRICE 1 L.F. App. 12 inch thermoplastic crosswalk's/stop line in yellow; approximately 3,000 feet. Locations in Exhibit C. $3.00 per linear foot TOTAL* $9,000.00 'Includes taxes, fee's, expenses and ail other costs. REPAINT THERMOPLASTIC CROSSWALKS Page 5 of 6 City Attomey Approved 2/7/13 Exhibit C SCHOOL ZONE CROSSWALKS LOCATIONS AND APPROXIIWIATE LENGTH PWM15-18TRAN LOCATION LINEAR FEET 1 El Camino Creek Elementary School: Calle Barcelona at Paseo Aliso 520 2 Mission Estancia Elementary School: Calle Barcelona at Rancho Santa Fe 100 3 La Costa Canyon High School: Camino De Los Coches at Maverick Way 400 4 Leo Carrillo Elementary School: Rancho Santa Fe at Melrose 800 5 Avira Elementary and Middle School: Ambrosia at Avira Partway 550 TOTAL LF (approximately) 3000 REPAINT THERMOPLASTIC CROSSWALKS Page 6 of 6 City Attomey Approved 2/7/13 STATEV^IDESTR.IPF5,INC. P.O. BOX 600710 SAN DIEGO, CA 92160-0710 «««««««««««««{,««»»>»,„»,„»)„)„>„„„„ 858.560.6887 858.560.0158 FAX TAX ID #33-0915254 CLASS: C32 MB6B# 40421 DBE# 32232 ESTIMATE DATE NO. 7/7/2014 13291 CA Uc. #788286 CUSTOMB5R INFO Expi 1ZniaQ14 Sine* 1990 City of Carlsbad Purchasing Dept. 1635 Faraday ave Carlsbad CA 92008 PROJECT RJEP SWS NO. Restripe School Zone Crosswalks MG EXHIBIT D QTY DESCRIPTION COST TOTAL 3,000 Install • 12" Yellow Thermoplastic Crosswalk/ Stop Line @ Various Locations (See Exhibit C) Includes Traffic Control For Oiir Work ONLY Excludes Any Removals 3.00 9,000.00 TOTAL S9,000.00 EXCLUDES: Waiver of Subrogation on Worker's Comp per part)',lpolicy @ S150.00 ea., Addirional Insured Endorsemenis on Auto Liabllit)' @ $75.00 ea., mast anm sign.s, electrical or FLASHING BEACON SIONS, bonds, notary, night work, prevailing wages (unless included above). Not responsible for A.D.A. compliance. Items not specificaUy included arc excluded and require an additional bid. STATEWIDE STRIPKS INC, REQUIRES TWO WEEKS WRIT] KN NOTICE PRIOR TO SCHEDULING, Acceptance of Estimate and Agreement The undersigned hereby contracts for the services noted above and agrees to pay for the services upon complelion and receipt ofan invoice. The undersigned agrees to pay reasonable attorneys' fees and costs if" incurred in the enforcement ofthis contract. Co. Name: By: Date: ^Prinl Nnmc anfl Titlp^ Signature:.