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Item 1.5 - Award of Contract As-Needed Painting Svs RFP 14-006G`�•t OF POIy 91 City ®f Poway THE COv COUNCIL AGENDA REPORT' Cary IN APPROVED APPROVED AS AMENDED O (SEE MINUTES) DENIED O REMOVED O CONTINUED RESOLUTION NO. DATE: February 18, 2014 TO: Honorable Mayor and Members of the City Council FROM: Tina M. White, Interim City Manager INITIATED BY: Leah Browder, Director of Public Works Pat Ryan, Public Works Operations Manager SUBJECT: Award of Contract for As- Needed Painting Services, RFP 14- 006 Summary: A notice inviting proposals for as- needed painting services was duly advertised on December 26, 2013 and January 2, 2014. Three proposals were received and opened on January 14, 2014. Terry Shaw Painting was selected as the vendor best meeting the evaluation criteria. The first term of the contract is one (1) year and four and one -half (4 -1/2) months beginning February-19, 2014 through June 30, 2015. The Contract may be extended through a total of three separate one -year extensions. The maximum length of the Contract would be up to five years. Recommended Action: It is recommended that the City Council award the Contract for As- Needed Painting Services, RFP 14 -006, to Terry Shaw Painting, and authorize the Interim City Manager to execute the necessary documents. Background: This Contract is intended to provide such work as painting and cleanup of exterior and interior surfaces at various City facilities and properties on an as- needed basis. The City has 75 separate buildings ranging in size from 100 to 57,000 square feet. Projects will not exceed a dollar value of $5,000 per project. Assigned work could include surfaces where lead has been found. Any single project that is estimated to exceed $5,000 will be bid separately and not considered to be covered by this contract. The work to be done consists of furnishing all paints, labor, tools, equipment, scaffolding and all other necessary equipment and supplies to perform a complete and thorough job of painting or repainting the designated interior and exterior surfaces for each project facility. Findings: Three proposals were received an( Terry Shaw Painting best meets proposals included qualifications of 7 I opened on January 14, 2014. Staff determined that the City's requirements. Evaluation criteria for the and experience of assigned staff; degree of February 18, 2014 Item # %, S Award of Contract for As- Needed Painting Services, RFP 14 -006 February 18, 2014 Page 2 completeness of response to the specific requirements of the solicitation; experience and history of the firm in the disciplines covered by the solicitation, availability of personnel, equipment and all other items necessary for the performance of the work; cost of services to be provided; and other evaluation criteria described or included by reference in the solicitation. The length of the initial Contract is one (1) year and four and one -half (4 -1/2) months beginning February 19, 2014 through June 30, 2015. The Contract may be extended subject to Council appropriation of funds in one -year increments for a total of three separate one -year extensions. The maximum length of the Contract could be up to five years. Fiscal Impact: Sufficient funds for award of this Contract have been appropriated in the FY 2013 -14 budget and are to be included in the proposed appropriations for FY 2014 -15, within the Facilities Maintenance budget (0419- 4120). Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report has been sent to Terry Shaw Painting. Attachment: A. Contract and Proposal Tables. (The entire contract and RFP are on file with the Office of the City Clerk.) 2 of 7 February 18, 2014 Item # /• S CONTRACT AS- NEEDED PAINTING SERVICES THIS CONTRACT, made and concluded this 19th day of February, 2014, between the City of Poway, hereinafter referred to as "City" and Terry Shaw Painting, hereinafter referred to as "Contractor." ARTICLE I. That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bonds attached hereto, if any, Contractor agrees with City at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the Specifications (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and substantial manner, all to the satisfaction of the City of Poway, in accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that item of work. Contractor further agrees to be responsible and hold City harmless from all loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or in consequence of the suspension or discontinuance of work, and /or faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and requirements of the City. ARTICLE III. The City hereby agrees and promises the Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay the same at the time, in the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and all claims, complaints, causes of action, of any nature whatsoever, arising from Contractors performance of the Contract. In performance of this Provision, Contractor shall name City as additional insured on a policy of general liability as required per Section II, item 20. The 3 of 7 ATTACHMENT A February 18, 2014 Item # l Covenant contained herein applies to all sums paid as a result of the above claims, including court costs and. reasonable attorney fees whether or not the matter results in judgment. ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution'of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the Specifications, General Provisions and Special Provisions for said project are herein incorporated by reference as if fully set forth herein and constitute a material part of the consideration to the City in entering into this Contract with Contractor. (All Items in the Contract will be the same as in the Proposal.) IN WITNESS WHEREOF, the parties to those present have hereunto set their names in the year and date first above written. Contractor: Signature Title: Signature Title: Interim City Manager of the City of Poway: ATTEST: City Clerk: APPROVED AS TO FORM: City Attorney: 4 of 7 February 18, 2014 Item # /- S PROPOSAL TABLE HOURLY RATES NOTE: INCLUDES OVERHEAD Regular Service Hourly Base Rates Mon -Fri Overtime Hours, Weekend 7:00am- 5:00pm and Holidays One Painter, One Vehicle $40.00 $ 50.00 One Painter $ 40.00 $ 50.00 Premium Hourly Rates Amount to be added to Hourly Base Rates for Work Identified as Having $ 5.00 $ 5.00 Lead Regular Work Hours: One (1) Painter and One (1) Vehicle: TOTAL AMOUNT IN WORDS: FORTY DOLLARS and ZERO CENTS Overtime Hours, Weekends and Holidays: One (1) Painter and One (1) Vehicle: TOTAL AMOUNT IN WORDS: FIFTY DOLLARS and ZERO CENTS Regular Work Hours: One (1) Painter: TOTAL AMOUNT IN WORDS: FORTY DOLLARS and Overtime Hours, Weekends and Holidays: One (1) Painter: TOTAL AMOUNT IN WORDS: FIFTY DOLLARS and Premium Hourly Rate: Mon -Fri 7:00am to 5:00pm TOTAL AMOUNT IN WORDS:: FORTY - FIVE DOLLARS and Premium Hourly Rate: Overtime Hours, Weekend and Holidays: TOTAL AMOUNT IN WORDS:: FIFTY -FIVE DOLLARS and ZERO ZERO ZERO ZERO CENTS CENTS CENTS CENTS 30 5 of 7 February 18, 2014 Item # 1. S PROPOSAL TABLE HOURLY RATES FOR PREVAILING WAGES (Formork valued over $1,000 per occurrence) NOTE: INCLUDES OVERHEAD Regular Service Hourly Base Rates Mon -Fri Overtime Hours, Weekend 7:00am- 5:00pm and Holidays One Painter, One Vehicle $ 60.05 $ 72.27 One Painter $ 60.05 $ 72.27 Premium Hourly Rates Amount to be added to Hourly Base TOTAL AMOUNT IN WORDS: Rates for Work Identified as Having $ 5.00 $ 5.00 Lead TOTAL AMOUNT IN WORDS: Regular Work Hours: One (1) Painter and One (1) Vehicle: TOTAL AMOUNT IN WORDS: SIXTY DOLLARS and FIVE CENTS Overtime Hours, Weekends and Holidays: One (1) Painter and One (1) Vehicle: TOTAL AMOUNT IN WORDS: SEVENTY -TWO DOLLARS and TWENTY -SEVEN CENTS Regular Work Hours: One (1) Painter: TOTAL AMOUNT IN WORDS: SIXTY DOLLARS and FIVE CENTS Overtime Hours, Weekends and Holidays: One (1) Painter: TOTAL AMOUNT IN WORDS: SEVENTY -TWO DOLLARS and TWENTY -SEVEN CENTS Premium Hourly Rate: Mon -Fri 7:00am to 5:00pm TOTAL AMOUNT IN WORDS:: SIXTY -FIVE DOLLARS and FIVE CENTS Premium Hourly Rate: Overtime Hours, Weekend and Holidays: TOTAL AMOUNT IN WORDS:: SEVENTY -SEVEN DOLLARS and TWENTY -SEVEN CENTS 31 6 of 7 February 18, 2014 Item # % Proposing Contractor's Signature: `% Date: 1/13/2014 Proposing Contractor's Title: SOLE OWNER Requests for additional information, notice of award and Contracts will be addressed to proposing Contractor with the provided information below. Please note all Contract documents will be handled through the email address listed here. Business Name /Proposing Contractor Please Print: TERRY SHAW PAINTING Authorized Agent or Officer: TERRY SHAW Title: SOLE OWNER Address: 8429 SAN CARLOS DR, SAN DIEGO, CA 92119 Service Address: 8429 SAN CARLOS DR, SAN DIEGO, CA 92119 Telephone No. (619) 461 - 3123 Fax No. (619) 461 - 3123 Email: terrypshaw @gmail.com Business License No. 467150 Issuing City /County: SAN DIEGO/SAN DIEGO Expiration Date: 12/31/2014 [Remainder of Page Left Blank Intentionally] 32 _ 7 of 7 February 18, 2014 Item # /� S