HomeMy WebLinkAboutK L Painting; 2015-12-03; PWM16-46PEMTracking#: PWM 16-46PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIRE STATION 4 ROOF PRESSURE WASH AND EXTERIOR PAINTING
This agreement is made on the ~ ( J day of \)ece, 'IY\ be,r , 20 \ ~ by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and K L Painting, a sole
proprietorship, whose principal place of business is 765 Avocado Lane, Carlsbad, CA 92008 (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:
Michael O'Brien
(City Project Manager)
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. The contractor to whom the contract is
awarded 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.
The Prime 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.
FIRE STATION 4 ROOF PRESSURE
WASH AND EXTERIOR PAINTING Page 1 of 6 City Attorney Approved 1 0/6/15
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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 pa. ·cipating in contract bidding.
Signature:
' ?2._..;/\..
Print Name:
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.
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
FIRE STATION 4 ROOF PRESSURE
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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 5 (five) working days after receipt of Notice to Proceed.
Completion:
to Proceed.
Contractor agrees to complete work within 15 (fifteen) working days after receipt of Notice
CONTRACTOR'S INFORMATION.
K L Painting
(name of Contractor)
899963
(Contractor's license number)
C-33 Painting and Decorating Exp:7/31/2017
(license class. and exp. date)
1000031913
(DIR registration number)
6/30/2016
(DIR registration exp. date)
Ill
Ill
Ill
Ill
Ill
Ill
Ill
FIRE STATION 4 ROOF PRESSURE
WASH AND EXTERIOR PAINTING Page 3 of6
765 Avocado Ln
(street address)
Carlsbad, CA 92008
(city/state/zip)
760-613-9891
(telephone no.)
760-683-3332
(fax no.)
klpainting@gmail.com
(e-mail address)
City Attorney Approved 1 0/6/15
Tracking#: PWM16-46PEM
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 Business Name and Address
be Subcontracted
~D~b
Total% Subcontracted: -c~f-XJ-"-~~.J·~------
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WASH AND EXTERIOR PAINTING Page 5 of 6
DIR Registration
No.
license No., %of
Classification & Total
Expiration Date Contract
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City Attorney Approved 10/6/15
Tracking#: PWM16-46PEM
EXHIBITS
Scope of Work: K L Painting will pressure wash the roof, retaining walls and building, prepare and paint the
building, retaining walls and trash enclosure and replace two wood gates at Fire Station Four located at
3885 Batiquitos Dr, Carlsbad, CA 92009. All colors are matched and will be Sherwin Williams products
only.
1. Pressure Wash Roof: Remove all debris and leaves from roof. Low-pressure clean roof tiles with
antimicrobial wash. Capture all trash, debris and water and dispose of properly.
2. Paint Exterior: Low-pressure wash building, pony walls, wood trim and trash enclosure walls. Bonde
all wood rot and repair minor stucco areas prior to painting, scraping to remove peeling or bubbling
paint and stucco if needed. Patch stucco if needed. Caulk small cracks if needed. Mask and
protect all areas not to be painted. Paint all stucco on building, pony walls and trash enclosure
using 100% acrylic flat exterior paint. Paint all trim around building including eaves, fascia, rain
gutters, doors and jams (no paint on roll-up doors).
3. Replace Two Wood Gates: Remove existing gates, construct and install new gates (new gates to
match existing gate design and construction details), prime and paint gates with two coats of paint.
Clean-Up and Completion: Project waste and debris shall be removed from the site daily. Contractor shall
walk the site with City of Carlsbad representative to identify and correct any scope oversights or clean-up
items before the work is accepted.
Paint materials, paint preparation, and painting application must be consistent with the specifications
described in the "Greenbook" 2012 edition.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION
NO.
1 LS 1 Pressure Wash Roof
2 LS 1 Paint Exterior
3 LS 1 Replace Two Wood Gates
*Includes taxes, fees, expenses and all other costs.
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PRICE
$2,000.00
$8,300.00
$800.00
TOTAL* $11,100.00
City Attorney Approved 1 0/6/15