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HomeMy WebLinkAboutMcCarty Event Lighting Corporation dba Pre-Strung Event Lighting; 2022-01-19; PKRC21-1214Tracking #: HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 Page 1 of 5 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and McCarty Event Lighting Corporation, dba Pre-Strung Event Lighting whose principal place of business is 3050 Elm Street, San Diego, CA 92102(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 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: _Mick Calarco_ (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. Tracking #: HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 Page 2 of 5 City Attorney Approved 1/22/2020 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. 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: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification 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 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 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 ,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- s 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. Tracking #: HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 Page 3 of 5 City Attorney Approved 1/22/2020 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 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 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 90 working days after receipt of Notice to Proceed. McCarty Event Lighting Corporation, dba Pre-Strung Event Lighting 3050 Elm Street (name of Contractor) 1031484 (street address) San Diego, CA 92102 license number) C-61/D65 9/23/2023 (city/state/zip) 619-352-0654 (license class. and exp. date) 1000852643 (telephone no.) N/A (DIR registration number) 6/30/2022 (fax no.) socialightssd@gmail.com (DIR registration exp. date) (e-mail address) Tracking #: HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 Page 4 of 5 City Attorney Approved 1/22/2020 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kelle McCarty, President Parks & Recreation Director (print name/title) By: ATTEST: (sign here) FAVIOLA MEDINA Ryan McCarty, CFO City Clerk Services Manager (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: _____________________________ Deputy City Attorney Tracking #: HACIENDA/EVENT LIGHTING PROJECT; CONT. NO. PKRC21-1214 Page 5 of 5 City Attorney Approved 1/22/2020 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 Total % Subcontracted: _______________ ITEMS QTY UNIT PRICE TAX TOTAL SSaann DDiieeggoo SSoocciiaaLLiigghhttss BILL TO: Mick Calarco mick.calarco@carlsbadca.gov QQuuoottee ##22994400--000022555522 Hacienda and Cabana Qty $0 $0 Package description Installation Labor- Breakdown Qty $1,550 $1,550 360 Degree wraps of the Hacienda House and cabana house with Warm White G40 Bulbs on white wire Lights will be clipped under fascia on peaks and will be stapled to roof over hang to avoid any long term damage to structure. Lights will be tied in and powered to existing lights To be controlled by existing switch. Light Material Cost (Taxable) Breakdown Qty $1,292 $1,292 Bulbs and Stringer. Approx 575 total feet G40 Acrylic bulbs White Wire stringer with 18" Spacing x200 Tuff Clips for fascia EXHIBIT B SCOPE OF WORK Handrails with Warm White LED Rope Lights Package description Qty $0 $0 Installation Labor- Breakdown 3 $275 $825 Warm White LED Rope Lights to outline x3 Sets of Handrails Each set of handrails has x2 separate rails Middle handrail will have lights extend over trellis Light Material Cost (Taxable) Breakdown 1 $454 $454 180' Of Warm White LED Rope Light Rope Light is able to be cut to length at every 1 meter interval x6 Power Supplies Splicing and waterproofing kit Installation Labor- Breakdown Qty $1,250 $1,250 Warm White G-40 Bulbs on Black wire 18" Spacing to outline Windmill x2 Strand on each of the x4 "legs' of the windmill "LC" signed re-wrapped with Warm White LED Rope Light Lights will be powered into existing electrical wiring on windmill Install new switch and box to turn lights on/off Windmill and "LC" sign Lights Package description Qty $0 $0 Light Material Cost (Taxable) Breakdown 1 $553 $553 Boom Lift Rental 1 $650 $650 40' 4x4 Boom Lift needed for installation x1 day with delivery and pickup Bulbs and Stringer. Approx 320 total feet G40 Acrylic bulbs Black Wire stringer with 18" Spacing 25' of warm White LED Rope Light x1 Power Connector Electrical Reception Area Qty $0 $0 Package description Installation Labor- Breakdown Qty $2,500 $2,500 Existing overhead bistro lighting to be removed and replaced with new bistro lighting Approx 265' of overhead lighting Lights will be supported by existing wooden beam supports. New Rigging for all strands to ensure lights are detachable. Light Material Cost (Taxable) Breakdown 1 $977 $977 265'of S14 Fixed Socket LED bulbs and stringer Stainless Steel guide wire and all rigging supplies (Turnbuckles, carribeaners, and crimpers) Reception Area- Pepper Trees Qty $0 $0 Package description Installation Labor- Breakdown 4 $250 $1,000 X4 Pepper trees wrapped with 120V expandable lights Lights will be powered from Bistro lighting to ensure no overhead extension cords Material (Taxable) 20 $27.50 $550 x25 Strands of 120V Expandable lights x5 Rectifiers 2 year warranty Electrical $475 $475 To Power all trees and overhead bistro Lighting Install conduit on back side of support post for Switch box. material and labor Miscellaneous 1 $2,200 $2,200 Lighting Repair, replacement or additional installations as needed Subtotal $14,542 Add discount Pump House @ Windmill Qty $0 $0 Package description Pump House @ Windmill Qty $200 $200 Remove old lights and replace with G-40 Warm White Acrylic bulbs Material (Taxable) 1 $66 $66 Bulbs, sockets, and electrical Tax 7.75% $259.01 Gift Card Enter code Grand Total $14,801.01 Total amount not to exceed $14,801.01. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 12/20/2021 Business World Insurance Agency 7800 University Ave A-1 La Mesa CA 91942 NICK SMADI (619) 773-1100 (619) 773-1101 Nick.smadi@insuremefree.com McCarty Event Lighting Corp DBA: San Diego SociaLights DBA: Delights of Christmas DBA: Pre-Strung Event Lighting 3050 ELM ST SAN DIEGO CA 92102 ASSOCIATED INDUSTRIES INS CO INC 23140 INFINITY COMMERCIAL AUTO EVANSTON INS CO 35378 CLEAR SPRING PROPERTY AND CASUALTY COMPANY A Y Y AES1053610-03 07/16/2021 07/16/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y 50491912062001 02/09/2021 02/09/2022 1,000,000 C Y EZXS3054582 07/16/2021 07/16/2022 5,000,000 5,000,000 D Y Y CA-WK-000003316-2 07/26/2021 07/26/2022 1,000,000 1,000,000 1,000,000 City of Carlsbad as an additional insured. 30 days written notice of cancellation. City of Carlsbad COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1  ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or or-ganization for whom you are performing opera-tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re-spect to liability for "bodily injury", "property dam-age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addition-al insured under this endorsement ends when your operations for that additional insured are complet-ed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu-sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-ing of, or the failure to render, any professional architectural, engineering or surveying ser-vices, including: a. The preparing, approving, or failing to pre-pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica-tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser-vice, maintenance or repairs) to be per-formed by or on behalf of the additional in-sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon-tractor engaged in performing operations for a principal as a part of the same project. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER: AES1053610 03 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1