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HomeMy WebLinkAboutC25350 Painting the Department of Community Developmenty1 m CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Award of Painting Contract - M.C.M. Painting Co., Inc. SUBMITTED BY: Phil Drell, Director of Community Development DATE: June 8, 2006 CONTENTS: Staff Recommendation Background Agreement and Proposals Staff Recommendation: By minute motion award Contract No. c25350 for the interior painting of the Planning Department area as outlined in the Scope of Work, to M.C.M. Painting Co., Inc., for a total of $20,162.00. Funds are available in Account No. 110-4470-412-4040. Background: Funds were approved in the Fiscal Year 2005/2006 budget for painting of the Department of Community Development area, the first upgrade since 1983. In January of 2006, staff requested written bids. No responses were received. Staff began negotiating with M.C.M. Painting Co., Inc., for the painting portion of the project. An acceptable revised proposal was received on May 15, 2006. Submitted by: Phil Drell Director of Community Development Approval: Carlos L. Ort City Manager Approval: Homer Crw ACM for Dedelopment Services Approval: Paul Gibson Finance Director Contract No. C25350 AGREEMENT THIS AGREEMENT is made and entered into this day of , 2006, by and between CITY OF PALM DESERT, California, hereafter called "CITY", and M.C.M. Painting Co., Inc., hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, on January 17, 2006, CITY requested written bids for the interior painting of the Department of Community Development area located at 73- 510 Fred Waring Drive, Palm Desert, California, as outlined in the Scope of Work; and WHEREAS, no bids were received, CITY entered into negotiations with CONTRACTOR; and WHEREAS, said CONTRACTOR submitted a proposal which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from June 8, 2006 through July 31, 2006 or such later date as may be agreed between parties. 2. CITY'S OBLIGATION. For furnishing services as specified in this Agreement, CITY shall pay and Contractor shall receive in full compensation the total sum of Twenty Thousand, One Hundred and Sixty - Two Dollars ($20,162.00) upon completion of work. s 3. CONTRACTOR'S OBLIGATIONS. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees to furnish the services specified by this Agreement and said Scope of Work. 4. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR shall indemnify, protect, defend and hold harmless the City, its officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the CONTRACTOR, its employees or subcontractors in the performance of services under this agreement. Prior to the beginning of and throughout the duration of the Work, Contract No. C25350 CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. CONTRACTOR shall provide the following types and amounts of insurance: a. General liability — CONTRACTOR shall provide Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 11 85 or the exact equivalent with limits of no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate. This insurance shall be primary and non-contributing insurance for work performed. Contractor agrees to endorse general liability coverage required here to include as additional insureds the City, its officials, employees and agents. Contractor also agrees to require the same provision of all subcontractors, joint ventures or other parties engaged by or on behalf of Contractor in relation to this agreement. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and b) an additional insured endorsement to Contractor's general liability policy using Insurance Services Office form CG 20 10 11 85 or the exact equivalent approved by the City. b. Workers' compensation and employer's liability — CONTRACTOR shall provide Workers Compensation and Employer's Liability Insurance on a state -approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. C. Automobile liability — CONTRACTOR shall provide auto liability coverage using ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent with a limit of no less than $1,000,000 per accident. If CONTRACTOR owns no vehicles this requirement may be met through a non -owned auto endorsement to the CGL policy. d. The Contractor shall be responsible for any and all additional liability and insurance requirements of scaffold subcontractors hired by the Contractor. 2 Contract No. C25350 d. Independent Contractor — CONTRACTOR shall perform all services herein as an independent contractor of CITY and shall remain at all times as to CITY a wholly independent contractor. The prime contractor shall possess a Class "B-1" contractor's license to perform the work. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council of the CITY. 6. TERMINATION. CITY reserves the right to terminate this Agreement at any time, with or without cause, upon written thirty (30) day notice to CONTRACTOR. Upon receipt of any notice of termination from CITY, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved in writing by CITY. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of CITY'S notice of termination and for any services authorized in writing by CITY thereafter. If termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, CITY may take over the work and prosecute the same to completion by contract or otherwise, and CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder, including costs incurred by CITY in retaining a replacement contractor and similar expenses, exceeds the budget. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepared by registered or certified mail addressed as follows: OFFICE OF THE CITY CLERK City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 CONTRACTOR M.C.M. Painting Co., Inc. P.O. Box 1312 Rancho Mirage, CA 92270 8. LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. 9. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: 3 Contract No. C25350 "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT CONTRACTOR (signature to be notarized) James Ferguson, Mayor Attest: Rachelle D. Klassen, City Clerk Approved as to form: David Erwin, City Attorney 0 In Signature Title Contract No. C25350 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION Labor Code Section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: 1. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. 2. By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof of satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this contract. (In accordance with Article 5 - commencinq at Section 1860), Chapter 1, part 7 Division of the Labor Code, the above certificate must be siqned and filed with the awardinq bodv prior to performinq anv work under this contract.) 5 M.C.M. Painting Co., Inc. P.O. Box 1312 Rancho Mirage, CA 92270 760-346-0736 Lac. 459S29 TO City of Palm Desert Department of Community Development Palm Desert CA 92260 PHONE 346-061 I ]t:lB TAME / t.00ATM Interior Office Panting PROPOSAL Page No of P*e No j DA7E I May 15, 2006 We hereby a OWA Veafieabom and minnsim for Provide labor, equipment and material to complete interior office painting as per request for Bid, Job -Walk through and as foaows Addendum to the April 17 proposal, Delete 1 Interior of five offices 2 Shutters We Ptepose to fiamA n lwW erd labor - compiebe seed to acaadmoe wnb the above specdcanam, for the mm of Dollars S $20,162 00 Paynod to be node as foil VM Progressive Monthly / l00% upon Completion aU material tt putrattleed to be as tpecdud All wort to be eaaplewl at a pokmmd =a m amwdng to Axoda<d Faaaxw Aar elmwab n to w derrataae *'w tie atwm alwffiesborw "wh uma" et . ooan wdl he nude C* ePe^ reoegat Ufan ataxia VAL watts► dMV order and wdl be dxMU oo "Nequed wV"= as quthon=d i amawft over an Awm the .v.VnW af.sutc It .a ..sdmWJ had vve . ,it mg be � patabxed for delays uusod by **ca, axade der or olla delays cartaed by acb ofGA St�ttae Our workers are covered by Workw's C°°rea"t'°` trtummoe Owner areas to Katherine $Choler, Secretary laugh all other apprap m and nooaawy msarana covaase Note This proposal tnay be withdrawn by us if not accepted ACCEPTANCE OF PROPOSAL the work as specified Payinent will be made as outimed above Signature Date of Acceptance M.C.M. Painting Co., Inc. PO Box 1312 Rancho Mirage, CA 92270 760-346-0736 Lic. 459629 TO City Of Palm Desert Department Of Community Development Palm Desert, CA 92260 f PRONE 760-346-0611 PnA NAME / P OCATM Interior Office Painting PROPOSAL Page No of Page No DATE Aprd 17, 2006 We hreby s a mu spawG aucis am eno ua for Provide labor, equipment and matonal to complete interior office painting as per request for Bid, Job -Walk Through and as follows 1 Wallpaper - Remove and dispose of existing wallpaper 2 Walls Where Wallpaper Was Removed - Prime and prepare to receive paint 3 Walls - Repair where needed and apply two coats interior 1000/9 acrylic paint Color to be determined 4 Doors And Trap - Sand, prepare and apply two coats enamel Color to be deterimned 5 Shutters - Same as for doors All work to include covering to protect surfaces not to receive paint Moving and replacing of furtirwre and file cabinets and cleaning up after each work day Items (pictures, plaques, posters, etc ).removed from walls will have holes patched and be left down unless directed to replace Electronics (computers, copiers, phones) to be left connected Electronics that need to be disconnected to be completed by owner Estimate includes after hours and or weekend installation All materials to be as described in Request For Bid Manufactures to be Duun-Edwards or Sherwin-Williams Start Work immediately We Propose to fumes materiel and labor - emoetc and m wA rdance in& tie gum giecdicabmr, for the am of Thirty-one Thousand Four Hundred Twenty-two & NO/100 Dollars $ $31,422 00 FayawA tv be male as follow - Progressive Monthly / 100a/o upon Completion All mdenai a gisuartced to be = speafied .A.11 work to be cmtpldod m a protemond nwire, uwdmg to Vardad radices A* altaatain to a deviation sma the above speaiicabons whah mvotve extra coats will bo made only upon rooapt of a aul over an wnubow charge ader ud to be abmunder m tm v ent mama as Aut atom J- emauat►aver an above the ongaul eataaate ll m uaoastooa flat we wut eon oa SI�l9tU:C - PaIAIVed nor decays causal by u*m au xbm or adwr MW caused by us of God � Ow —kern arc wve•ed hr Worka'o compmatxa miaow Ow= aV= to Michael Schu er President tunaal all other aplrnpnate and nemmmy r %nmee onverW , Note This XODasal may be withdrawn to us if not accepted ACCEPTANCE OF PROPOSAL the work as specified Payment will be made as outlined above Signature Date of Acceptance N CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT REQUEST FOR BID (a T N D __J The City of Palm Desert Community Development Department is accepting written bids for Interior Office Paintina. This will include some of the following: remove existing wallpaper, making any repairs as necessary (including skim coat, base paint, seal coat), paint doors and frames (including a good primer as needed), walls, and shutters. Charges not indicated in the bid proposal will not be allowed over and above prices quoted, unless approved by the Director of Community Development. The right is reserved to accept or reject quotations on each item, separately or as a whole. State sales tax, discounts, shipping/handling, cost to move existing furniture, and after hours/weekend installation should be shown separately. In addition, please provide estimated date of delivery and warranties and provide proof of insurance per City of Palm Desert Insurance Requirements (attached). Please examine the following specifications and bid requirements in the following tables: Due Date of Bid. Submit Quote by fax (760) 776-6417 REQUIREMENTS Tuesday, January 31, 2006 Tonya Monroe, Community Development SPECIFICATIONS - PAINTING Description Remove and dispose of existing wallpaper Total Paint (color to be determined) Please specify proposed brands High quality/top of the line water based 100% acrylic paint Low to no VOC If using a seal coat, Bins 1-2-3 or equivalent preferred Materials Labor Sales Tax (excluding labor) Discounts After Hours or Weekend Installation M-F 5:00 p.m. - 9:00 p.m. or Sat. 8:00 a.m. - 5:00 p.m. Warranties TOTAL: For a walk-through appointment, please call Tonya Monroe, Administrative Secretary, Department of Community Development at (760) 346-061 1 ext. 484. insurance, Hold Harmless, and Indemnity for Liability CONTRACTOR shall indemnify, protect, defend and hold harmless the City, its officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the CONTRACTOR, its employees or subcontractors in the performance of services under this agreement. Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. CONTRACTOR shall provide the following types and amounts of insurance: a. General liability — CONTRACTOR shall provide Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 11 85 or the exact equivalent with limits of no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate. This insurance shall be primary and non-contributing insurance for work performed. Contractor agrees to endorse general liability coverage required here to include as additional insureds the City, its officials, employees and agents. Contractor also agrees to require the same provision of all subcontractors, joint ventures or other parties engaged by or on behalf of Contractor in relation to this agreement. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and b) an additional insured endorsement to Contractor's general liability policy using Insurance Services Office form CG 20 10 11 85 or the exact equivalent approved by the City. b. Workers' compensation and employer's liability — CONTRACTOR shall provide Workers Compensation and Employer's Liability Insurance on a state - approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. C. Automobile liability — CONTRACTOR shall provide auto liability coverage using ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent with a limit of no less than $1,000,000 per accident. If CONTRACTOR owns no vehicles this requirement may be met through a non - owned auto endorsement to the CGL policy. The Contractor shall be responsible for any and all additional liability and insurance reouirements of scaffold subcontractors hired by the Contractor.