HomeMy WebLinkAboutK L Painting; 2015-12-18; PWM16-49PEMTracking#: PWM16-49PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIRE STATION 1 EXTERIOR AND INTERIOR PAINTING
This agreement is made on the l s--Ill day of Dec~ev-, 20 l5, 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 Ln, 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 1 EXTERIOR
AND INTERIOR PAINTING Page 1 of 8 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 subc trac from pa · · · in contract bidding.
Signature:
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
every kind, nature and description, directly or indirectly arising from or in connection with the performance
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AND INTERIOR PAINTING Page 2 of 8 City Attorney Approved 1 0/6/15
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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)
\00003\ [1 \?
·· (DIR registration number)
u (~u ( W~V;
(DIR registration exp. date)
Ill
Ill
Ill
Ill
Ill
Ill
Ill
FIRE STATION 1 EXTERIOR
AND INTERIOR PAINTING Page 3 of 8
765 Avocado Lane
(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#: PWM16-49PEM
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
NDN~
Total % Subcontracted: ______ _
FIRE STATION 1 EXTERIOR
AND INTERIOR PAINTING Page 5 of 8
DIR Registration
No.
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 1 0/6/15
EXHIBIT B
SCOPE OF WORK
Tracking#: PWM16-49PEM
All work will be at Fire Station One, located at 1275 Carlsbad Village Drive, Carlsbad, CA 92009.
K L Painting will pressure wash exterior of areas to be painted, prepare and paint the eves, fascia, south
and west walls, patio, north and west side of Butler Building, K L Painting will prepare and paint the interior
walls (offices, kitchen, bedrooms, bathrooms, halls, and doors and ceiling by bathroom). K L Painting will
prepare and paint the walls and Wayne's Coating of the truck bay. All colors are matched or pre-approved
by the City and will be Sherwin Williams products only.
1. Paint Exterior: Pressure wash and remove all grime and loose paint from eves, fascia and walls to
be painted on both main fire house and Butler Building. Capture all debris and water and dispose
of properly. Bondo all wood rot and repair minor areas prior to painting. Scraping to remove peeling
or bubbling paint if needed. Patching or caulking small cracks in block walls or wood if needed.
Mask and protect all areas not to be painted. On the main fire house, paint all eves, fascia, patio
cover, west and south facing walls (color match, painting include rain gutters and exterior
pipes/conduit). Prepare and paint Butler Building north and west walls (color match). 100% acrylic
flat exterior paint (no paint on roll-up doors).
2. Paint Interior: Prepare and paint all interior spaces unless otherwise specified including hallways
(with partial ceiling), doors (both sides no jams), bedrooms, offices, bathrooms, and kitchen.
Prepare and paint walls of truck bay. Special adhesive red paint on Wayne's Coating.
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 "Greenback" 2012 edition.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION
NO. . ..
1 LS 1 Paint Exterior
2 LS 1 Paint Interior
*Includes taxes, fees, expenses and all other costs.
FIRE STATION 1 EXTERIOR
AND INTERIOR PAINTING Page 6 of 8
.•· PRICE
$11,000.00
$20,000.00
Total $31,000.00
City Attorney Approved 10/6/15
!EXIHIIBIT C
lABOR AND MATERIALS BOND
Tracking#: PWM16-49PEM
Bond #717284 77
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to K L Painting
(hereinafter designated as the "Principal"}, a Contract for:
IFIRIE STATIOI\Il11EXTERIOR ANID INTERiOR PAiNTiNG
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Cieri< of the City of Carlsbad and all of which are incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the
furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon or about the performance of the worl< agreed
to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, \filE, K L Painting, as Principal, (hereinafter designated as the "Contractor"), and
Western Surety Company as surety, are held firmly
bound unto the City of Carlsbad in the sum of Thirty One Thousand Dollars ($31,000), said sum being an
amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract
by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBUGATIOI\! IS SUCH that if the Contractor or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance
of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with
California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with
respect to the work or labor performed under this Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with
respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon
the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section
9554.
This bond shaH inure to the benefit of any of the persons named in California Civil Code section 9100, so
as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract, or to the work to be performed hereunder or the specifications accompanying the same shall
affect its obligations on this bond, and it does hereby waive notice of any change, extension of time.
alterations or addition to the terms of the contract or to the worl< or to the specifications.
FIRE STATiON 1 EXTERIOR
AND INTERIOR PAINTING Page 7 of8 City Attorney Approved 1 0/6/"15