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HomeMy WebLinkAboutMichael Alphonsus dba Mike Graham Construction; 2021-07-14; PWM21-1520FACPWM21-1520FAC STC Prop Improvements Page 1 of 13 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY TRAINING CENTER COMMERCIAL TRAINING PROP IMPROVEMENTS MIKE GRAHAM CONSTRUCTION This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Michael Alphonsus Graham a sole proprietorship, d.b.a. Mike Graham Construction, whose principal place of business is 12 Buttonwood, Irvine, CA 92614 (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: Jason Kennedy (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. 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. DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC July14th PWM21-1520FAC STC Prop Improvements Page 2 of 13 City Attorney Approved 1/20/2020 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 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: ________Mike Graham________________ 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC PWM21-1520FAC STC Prop Improvements Page 3 of 13 City Attorney Approved 1/20/2020 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 twenty (20) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within five (5) working days after commencing work. CONTRACTOR’S INFORMATION. Mike Graham Construction 12 Buttonwood (Contractor’s name) 986631 (street address) Irvine, CA 92614 (Contractor’s license number) B, C8 9/30/21 (city/state/zip) 949-322-1371 (license class. and exp. date)(telephone no.) N/A (DIR registration number)(fax no.) mikeagraham@yahoo.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC PWM21-1520FAC STC Prop Improvements Page 4 of 13 City Attorney Approved 1/20/2020 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 MICHAEL ALPHONSUS GRAHAM a sole proprietorship, d.b.a. Mike Graham Construction CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Mike Graham, Owner Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (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, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC PWM21-1520FAC STC Prop Improvements Page 5 of 13 City Attorney Approved 1/20/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract None Total % Subcontracted: _____Zero__________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC PWM21-1520FAC STC Prop Improvements Page 6 of 13 City Attorney Approved 1/20/2020 EXHIBIT B COMMERCIAL TRAINING PROP IMPROVEMENTS JOB QUOTATION TASK NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Commercial Tower 3rd floor gas operated burn prop system removal (See Exhibits C & D). $23,647 2 1 Commercial Tower/Streetscape Miscellaneous Improvements (See Exhibits C & D). TOTAL* $23,647 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC Lic#: 986631 Proposal Date of Proposal: 5/11/2021 Mike Graham Construction Attention: Jason Kennedy Ph: 949.322.1371 5750 Orion St 12 Buttonwood Carlsbad, Ca 92010 Irvine, Ca 92614 Jason.kennedy@carlsbadca.gov Mikeagraham@yahoo.com Job Location: 5750 Orion Street, Carlsbad CA 92010 Scope of Work •Remove concrete around gas line (east side of tower at ground level). Cap gas line below concreteslab. Install concrete box and lid around capped gas line. Replace and finish concrete around box tomatch slab. •Remove 1st floor safety bollard by gas line and fill holes in slab. •Remove exhaust fan on 4th floor under overhanging rappel deck. Fill in opening with matchingCMU block. •Remove vent on east side of 3rd floor exterior wall (rappelling side of tower). Fill in opening withmatching CMU block. •Remove gas line from 1st, 2nd and 3rd floors. •Remove fire prop Emergency Stop at 3rd floor stairwell. •Remove Junction Box and conduit at 3rd floor stairwell. •Remove Rack-302 from 3rd floor fire prop control room. •Remove high and low voltage electrical boxes. •Remove GD-301 (Gas metering system). •Remove temperature probe and nitrogen stainless steel lines from 3rd floor burn room. •Remove electrical conduit, junction boxes and wire. •Remove 2nd floor gas insert and fill in with block. •Cap stainless nitrogen gas line at 2nd floor exterior stairwell control room (feeds tower). •Cut concrete and install metal slot drain at ground floor control room. Tie new drain into existing drainage at corner of building to prevent water from entering control room. Task 1: Commercial Tower- 3rd Floor Gas Fire Prop Removal Page 7 of 13 "EXHIBIT C"PWM21-1520FACDocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC •At 1st floor control room (ground level, east side of Tower), remove existing window and frame.Fill in existing window at the first floor commercial prop control room with CMU block to matchexisting block. Window dimensions are 48” tall x 40” wide. Depth is approximately 14”. •At 2nd floor fire prop control room, install conduit and 110v receptacles against back wall of room.Connect to power. •Remove old concrete patch material and fill/patch 10" L x 16" W damaged area in concrete slab onwest side of Tower. •Remove and replace plastic slot drains and install metal slot drains and entrances to outdoorrestrooms. Dimensions: 6’10” L x 10” W. •Remove plastic slot drain and add metal slot drain at 25-yard range bullet trap door on east side ofmain administration building. Finish concrete out to curb to cover PVC drain pipe. Dimensions ofdrain is 6'5" L x 9” W. Dimensions of area covering drain pipe to the curb is 10’9-1/2” x 5'-1/2"W. Task 2: Commercial Tower/Streetscape- Miscellaneous Improvements Lic#: 986631 Job Includes •Patch using fire caulk or grout for all holes in CMU walls from removal of conduit/plumbing.•Removal and replacement of existing paginate panels to access electrical systems.•Removal and re-installation of three (3) existing doors to remove equipment from the 3rd floor fireprop control room.•Boom lift.•All required Cal-OSHA construction safety precautions, i.e., gas shut-off, lock out tag out, de- energizing electrical systems prior to start of demolition.•Time and materials.•Prevailing wages. Total Cost of Project...........................................................$23,647.00 Page 8 of 13 PWM21-1520FAC Exhibit "C" (continued) DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC EXHIBIT D PHOTOGRAPHIC DOCUMENTATION Remove Aluminum Window/Fill Opening with matching CMU block to prevent water entering electrical room. Window Dimensions: 48” x 40” x 14” Cut concrete and install steel slot drain in front of ground floor control room to prevent water intrusion into electric room. Tie-in new slot drain into with existing drain. PWM21-1520FAC Page 9 of 13 DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC EXHIBIT D PHOTOGRAPHIC DOCUMENTATION Remove plastic slot drains at exterior restrooms including concrete. Install steel slot drains, pour and finish concrete out to curb outlet. Remove concrete and plastic slot drains at 25- yard range bullet trap entrance. Install steel slot drains, pour and finish concrete out to curb outlet. PWM21-1520FAC Page 10 of 13 DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC EXHIBIT D PHOTOGRAPHIC DOCUMENTATION Remove control service panel, electrical box, gas line and conduit that services the 3rd floor gas operated burn prop. Panel and box are located at the top of the 3rd floor in the commercial tower. Remove operating service panel and gas line located in the control room adjacent to the gas operated burn prop. *Note: Limited us of gas operated fire prop. Removal of system will accommodate rappelling and technical rescue upgrades to tower structure. Gas Detector Operating System Equipment E-Stop/Service panel Electrical box Gas Line to fire prop PWM21-1520FAC Page 11 of 13 DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC EXHIBIT D PHOTOGRAPHIC DOCUMENTATION At ground level on the east side of commercial tower, remove yellow safety bollard and gas line. Remove concrete around gas line and install concrete service box. Cut off gas line and cap below concrete grade. Install cover over gas line cap for access to gas line for inspection purposes. Finish and seal concrete around box to ensure finish blends with existing concrete at base of tower. *Note: Removal of gas line and bollard clears obstacles from under rappelling/technical rescue platforms. At 2nd floor control room in the commercial prop bring in power and install 110v/20a outlet on back wall behind gas operated burn prop operating system. *Note: Outlet will power training smoke distribution system rack. PWM21-1520FAC Page 12 of 13 DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC EXHIBIT D PHOTOGRAPHIC DOCUMENTATION Disconnect electrical and remove exhaust fan and housing from the 4th floor (north exterior face) of the commercial tower. Fill in opening with matching concrete block. Remove frame and air vent from 3rd floor (east exterior face) of commercial tower. Fill in opening with matching concrete block. *Note: Removal of exhaust fan housing and air vent mitigates obstacles near the rappelling/technical rescue areas of the commercial tower. Air vent not required after gas operated fire prop is removed from 3rd floor room per contract scope of work. PWM21-1520FAC Page 13 of 13 DocuSign Envelope ID: AFD6A66A-18C9-4270-BAFF-C0958DFAC8FC ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/6/2021 License # 0F82764 (916) 503-6287 38920 MICHAEL ALPHONSUS GRAHAM, DBA: MIKE GRAHAM CONSTRUCTION 12 BUTTONWOOD IRVINE, CA 92614 35378 35076 A 1,000,000 X 0100140066-0 2/7/2021 2/7/2022 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000B EZXS3043092 2/7/2021 2/7/2022 1,000,000 C X 9291094-2021 2/7/2021 2/7/2022 1,000,000 1,000,000 1,000,000 City of Carlsbad/CMWD is included as Additional Insured in regards to General Liability per attached endorsement. Per project aggregate applies. Waiver of Subrogation applies to Workers Compensation. Should the above described policy be cancelled before the expiration date, notice will be delivered in accordance with the policy provisions. RE: All operations of the named insured covered by the policy under written contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 MICHALP-01 MLDAVID Inszone Insurance Services, LLC 2721 Citrus Road Suite A Rancho Cordova, CA 95742 Anayeli Ortiz Cisneros acisneros@inszoneins.com Kinsale Insurance Company Evanston Insurance Company State Compensation Ins Fund X X X X X X