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HomeMy WebLinkAboutKL Painting Inc; 2018-05-07; PWL18-147GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SENIOR CENTER POLE PAINTING TRACKING#: PWL18-147GS This letter will serve as an agreement between KL Painting Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to sand, primer and two coats paint of three Senior Center Poles (2 flag poles and 1 video monitoring pole), per Exhibit A and City specifications, for a sum not to exceed two thousand five hundred dollars ($2,500). This work is to be completed within five (5) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers 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 of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sec~ti~~2650, ~-. and Carlsbad Municipal Code Sections 3.32.025, ~-____ init ¥-:_ ~ init j 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. ___ init x:: '/ft init 7. 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. Senior Center Flag Pole Painting - 1 -City Attorney Approved 2/29/2016 TRACKING#: PWL18-147GS 8. 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Michael O'Brien, 76~21-9158 Contractor Contact: Kody Kinney, 760-613-9891 CONTRACTOR KL Painting Inc., a California corporation 765 Avocado Ln Carlsbad, CA 92008/ P: 760-613-9891 F: 760-683-3332 klpainting@gmail.com By: By:~ )<. --.---~(s"""ig-n-he_r_,..,....._ ___ _ \<6~ \~?fn~~eltifuEO CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey.ed'blic Works Director as authorized by the City Manager (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER, City Attorney Senior Center Flag Pole Painting -2-City Attorney Approved 2/29/2016 EXHIBIT A SENIOR CENTER POLE PAINTING SCOPE OF WORK AND FEE Contractor to provide all necessary tools, materials, and labor to prep, primer and paint three poles (two flag poles and one video monitoring pole) at the Carlsbad Senior Center, located at 799 Pine Ave, Carlsbad, CA 92008. Work to Include: 1. Sand and scrape surface (addressing any rust spots) on all metal. 2. Prime complete surface and treat any rust with red oxide before finish paint. 3. Paint, two coats finish with industrial product to match existing color. Additional Notes and Requirements of Contractor: 1. All areas not to be painted will be protected including concrete and plants. 2. Flags will be removed prior to work, and video equipment will be protected prior to work. Flags will be reinstalled after paint work is completed. 3. Scissor lift and all required equipment is included. 4. All paint, material, labor and, taxes are included. 5. All material to be Sherwin Williams products. 6. Work areas will be barricaded to protect from dropped and or dropped and deflected tools or paint; all tools, buckets and other paint equipment will be tethered. 7. All OSHA fall protection safety requirements will be adhered to. ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Preform all preparation, primer and paint of three poles. $2,500.00 TOTAL* $2,500.00 *Includes taxes, fees, expenses and all other costs. Senior Center Flag Pole Painting - 3 -City Attorney Approved 2/29/2016 ACORD' I DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE L __...,.,, 08/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Phone: (858) 642-0200 Fax: (858) 642-0205 CONTACT ALL COMMERCIAL INSURANCE SERVICES, LLC. NAME: ALL COMMERCIAL INSURANCE SERVICES, LLC. PHONE (858} 642-0200 l~AX (858) 642-0205 6790 TOP GUN STREET #3 INC No Ext): AIC Nol: E-MAIL www.2insure.biz SAN DIEGO CA 92121 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Agency Lie#: OC64552 INSURER A · NATIONWIDE MUTUAL INSURANCE CO 23787 INSURED INSURER B INFINITY SELECT INSURANCE COMPANY 20260 KINNEY, KODY OBA KL PAINTING INSURERC 765 AVOCADO LN INSURER D: CARLSBAD CA 92008-5058 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 3336557 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WJD POLICY NUMBER tMM/DDNYYYl IMM/DDNYYYl A X COMMERCIAL GENERAL LIABILITY ACP7855050387 05/27/17 05/27/18 EACH OCCURRENCE $ 1,000,000 -=:J CLAIMS-MADE l~OCCUR DAMAGE TO RENTED $ 100,000 PREMISES (Ea occurence) MED. EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl 0PRO-D POLICY X JECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY 504590622685001 06/27/17 06/27/18 COMBINED SINGLE LIMIT 1,000,000 B -(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED X AUTOS BODILY INJURY (Per accident) $ -AUTOS ~ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ~ ~ AUTOS (per accident) $ A UMBRELLA LIAB ~ OCCUR ACP7845050387 05/27/17 05/27/18 EACH OCCURRENCE $ 2,000,000 - X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I !RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- ANO EMPLOYERS' LIABILITY STATUTE ER Y/N E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE =:J OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE-EA EMPLOYEE (Mandatory in NH) $ If yes, describe under E.L. DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations City of Carlsbad is included as Additional Insured with respect to general liability as per the attached endorsement. *1 O Day Notice of Cancellation for Non-Payment/30 Day Notice of Cancellation for all other causes CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163-4668 ~~£ ~-Attention: Mark Rubin ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organization{s) CITY OF CARLSBAD 1635 FARADAY AVE. CARLSBAD, CA 92008 Location(s) Of Covered Operations ALL LOCATIONS AT WHICH ONGOING OPERATIONS ARE BEING PERFORMED FOR THE ADDITIONAL PERSON(S) OR ORGANIZATION(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 2010 0413 ACP GLO 7865050387 5I7J 17088 © Insurance Services Office, Inc., 2012 INSURED COPY Page 1 of 2 47 0004069 CG 2010 0413 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the All terms and conditions apply unless modified by this endorsement. Page 2 of 2 ACP GLO 7865050387 5I7J 17088 © Insurance Services Office, Inc., 2012 INSURED COPY CG 2010 0413 47 0004070 STATE COMPENSATION lNSUAANCE FUNO ISSUE DATE: 03-28-2018 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: POLICY NUMBER: 1907534-2017 CERTIFICATE ID: 57 CERTIFICATE EXPIRES: 10-01-2018 10-01-2017/10-01-2018 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE# 56 DATED 02-12-2018 SP This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ti -62/ d----.di~~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2017-11-14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-05-2018 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2018-02-12 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2017-10-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY EMPLOYER KL Painting, Inc 765 AVOCADO LN CARLSBAD CA 92008 (REV.7-2014) SP PRINTED [P1R,HO] 03-28-2018 SP STATE COMPENSATION !NSUAANCE FUND ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS 1907534-17 RENEWAL HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 1, 2017 AT 12. 01 A.M. SP 5-41-90-72 PAGE 1 OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING OCTOBER 1, 2018 AT 12.01 A.M. KL PAINTING 765 AVOCADO LN CARLSBAD, CA 92008 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY IBIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. IBIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN IBIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH IBIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: SEPTEMBER 27, 2017 IL,,~ .J/-L~~ 1 ~~,q, PRESIDENT AND CEO 2572 SCIF FORM 10217 (REV.7·2014) OLD DP 217