Loading...
HomeMy WebLinkAboutKL Painting Inc; 2025-11-13; PWM26-3965TRANPWM26-3965TRAN CALLE BARCELONA BRIDGE PAINT CONT. NO. 95991 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CALLE BARCELONA BRIDGE PAINT; CONT. NO. 95991 This contract is made on the ______________ day of _________________________, 2025 (“Contract”), by the City of Carlsbad, California, a municipal corporation (“City”) and KL Painting Inc., a California corporation, whose principal place of business is 2440 Lorna Lane, Carlsbad, California, 92008 (“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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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 Dmitry Johnson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, installation, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. 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 the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 13th November PWM26-3965TRAN CALLE BARCELONA BRIDGE PAINT CONT. NO. 95991 Page 2 City Attorney Approved 6/5/24 certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 PWM26-3965TRAN CALLE BARCELONA BRIDGE PAINT CONT. NO. 95991 Page 4 City Attorney Approved 6/5/24 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. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against 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. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. KL Painting Inc. 2440 Lorna Ln (name of Contractor) 899963 (street address) Carlsbad, CA, 92008 (Contractor’s license number) C-33 1/1/2026 (city/state/zip) 760-613-9891 (license class. and exp. date) 2000000347 6/30/2028 (telephone no.) klpainting@gmail.com (DIR registration number and exp. date) (e-mail address) Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 PWM26-3965TRAN CALLE BARCELONA BRIDGE PAINT CONT. NO. 95991 Page 7 City Attorney Approved 6/5/24 EXHIBIT B CALLE BARCELONA BRIDGE PAINT Contractor to remove all damaged or rotten wood beams/trellis boards from both sides of the Calle Barcelona bridge and replace in kind with new primed and painted (two coats) wood beams to match existing look. Additionally, Contractor to repair all areas of decorative fascia rock where rock has fallen off or missing (including walls, end posts, etc.). Prior to installing the fascia rock, Contractor shall score the base concrete wall for a solid bond. Repair concrete square top where corner is cracked and falling off. Mask off and protect all areas not receiving repairs or new finishes. All paint material to be Sherwin Williams product. Pedestrian traffic control, paint material, fascia repair material and labor included in this estimate. Start date to be determined. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove all rotten beams on both sides of bridge and replace with new to match existing look. Prime all sides of new wood before installing. Paint all sides of new wood before installation, two coats finish paint. $12,100 2 LS 1 Repair areas of decorative rock that has failed, or fallen off, after scoring concrete wall for a solid bond. Repair concrete square endcaps as needed including top cap and side where corner(s) are cracked and rock is falling off. $23,100 TOTAL* $35,200.00 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 PWM26-3965TRAN CALLE BARCELONA BRIDGE PAINT CONT. NO. 95991 Page 10 City Attorney Approved 6/5/24 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 ACORD® CERTIFICATE OF LIABILITY INSURA NCE I DATE (MM/DDNYYY) � 07/11/2025 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). PRODUCER Rock 10 Insurance Services 7125 El Cajon Boulevard Ste. 8 San Diego INSURED KL Painting Inc 2440 Lorna Lane Carlsbad COVERAGES CA 92115 CA 92008 CONTACT Chandra Myslin NAME: ri::gN:0 Extl: (866) 376-2510 E-MAIL service@rock1Oinsurance.com ADDRESS: INSURER($) AFFORDING COVERAGE INSURERA: Continental Casualty Company INSURERS: Infinity Select Ins Co INSURERC: INSURERD: INSURERE: INSURERF: I FAX {A/C, No): CERTIFICATE NUMBER: 25-26 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWriAVE BEEICtlSSUED 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. INSR TYPE OF INSURANCE POLICYEFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl NAIC# 20443 20260K X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 B I CLAIMS-MADE [81 OCCUR - -GEN'LAGGREGATE LIMIT APPLIES PER: � [81 PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY -ANY AUTO -OWNED -AUTOS ONLY -HIRED -AUTOS ONLY - UMBRELLA LIAB □LOC SCHEDULED AUTOS NON-OWNED AUTOS ONLY EXCESS LIAB H OCCUR CLAIMS-MADE OED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below UAMAl..,t: I Un�, 11 t:U 100,000 PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ 5,000 y y C6984546722 05/27/2025 05/27/2026 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 $ COMBINED SINGLE LIMIT $ 1,000,000 {Ea accident) BODILY INJURY (Per person) $ 50011866901 06/27/2025 06/27/2026 BODILY INJURY (Per accident) $ PROPERTY DAMAGE !Per accident\ $ $ EACH OCCURRENCE $ AGGREGATE $ $ I PER STATUTE I I OTH-ER N/A E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Projects. Additional Insured status applies to City of Carlsbad under the Commercial General Liability Policy subject to attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD c/o EXIGIS Insurance ACCORDANCE WITH THE POLICY PROVISIONS. Compliance Services AUTHORIZED REPRESENTATIVE P.O. Box 947 Murrieta CA 92564 �� I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 � KLPAINT 01 -CSOSNA ACORD· CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYYYY} 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). PRODUCER License# OL78680 Rock 10 Insurance Services PO Box 15608 San Diego, CA 92175 INSURED KL Painting Inc 2440 Lorna Lane Carlsbad, CA 92008 COVERAGES CERTIFICATE NUMBER· li2�CT Ill�. ExO: (866) 376-2510��.,.,. service@rock1Oinsurance.com INSURERISI AFFORDING COVERAGE INsuRER A: Continental Casualtv Comoanv INsuRER e: lnfinitv Select Insurance Co. INsuRER c : National Union Fire Ins. Co. INSURER D: INSURERE: INSURER F: I r�. No):(866) 376-2511 NAIC# 20443 20260 19445 REVISION NUMBER· 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. INSR T't'PE OF INSURANCE {'ffi-I� POLICY NUMBER POI..ICYEFF POUCYEXP LIMITS LTR IM 1,_ t t 1. A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 -D CLAIMS-MADE [K] OCCUR DAMAGE TO REKTED 100,000 X X C6984546721 5/27/2025 5/27/2026 PREMISES IEa occurrence\ s MED EXP IAnvoneMISOlll s 5,000 -PERSONAL & ADV INJURY s 2,000,000 -4,000,000 =7GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s POLICY [K] � □ LOC PRODUCTS -COMP/OP AGG s 4,000,000 OTHER: s B � OMOBILE LIABllllY �l;�J_��f!NGLE LIMIT s 1,000,000 X ANY AUTO 50011866901 6/27/2025 6/27/2026 BODILY INJURY IPer........,,,,, s OWNED � SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY IPeracciden!l S -�ll'Y& ONLY >--��-� fp��[mu?AMAGE s s C UMBRELLA LIAB �OCCUR EACH OCCURRENCE s 1,000,000 -BE018576833 5/27/2025 5/27/2026 1,000,000 X EXCESS LIAB ClAIMs-MADE AGGREGATE s OED I I RETENTION s s WORKERS COMPENSATION I PER I I OTI+ AND EMPLOYERS' LIABILITY STATUTE ER YIN /Wt PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT s ��E�EXCLUDED? n orym E.L. DISEASE -EA EMPLOYEE S lfm desaibe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES IACORD 101. Additional Remarks Schedule. mav be attached if more soace is reauiredl CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I C�At- ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91 Docusign Envelope ID: C6264F2B-CA96-467E-A15E-FFD3E737DF91