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HomeMy WebLinkAboutKL Painting Inc; 2020-01-09; PWL20-993GS PWL20-993GS Dove Library Gallery Floor Epoxy Application - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Dove Library Gallery Floor Epoxy Application 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 apply floor epoxy, per Exhibit A and City specifications, for a sum not to exceed five thousand dollars ($5,000). This work is to be completed within ninety (90) 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 sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ init 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 _______ 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. 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 DocuSign Envelope ID: 9F95B474-42A7-47D3-94C1-668F5E9D5C62 PWL20-993GS Dove Library Gallery Floor Epoxy Application - 2 - City Attorney Approved 2/29/2016 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: Brian Bacardi, 760-434-2944 Contractor Contact: Kody Kinney, 760-613-9891 CONTRACTOR KL Painting, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 2440 Loma Linda Carlsbad, CA 92008 P: 760-613-9891 F: 760-683-3332 klpainting@gmail.com By: By: (sign here) Kody Kinney / President, CFO, Secretary Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager (print name/title) By: Dated: (sign here) (print name/title) (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 BY: Deputy City Attorney DocuSign Envelope ID: 9F95B474-42A7-47D3-94C1-668F5E9D5C62 January 9, 2020 PWL20-993GS Dove Library Gallery Floor Epoxy Application Page 3 of 3 City Attorney Approved 9/27/16 EXHIBIT A Dove Library Gallery Floor Epoxy Application SCOPE OF WORK AND FEE Contractor to provide all materials tools and labor to apply two coats of Sherwin Williams Armor Seal 8100 2-part floor epoxy (or equivalent.) - Scuff sand existing finish on floors. - Mask and protect all baseboards. Notes: - Gallery to be cleared of furnishings by city staff. - Color to match existing. DESCRIPTION PRICE Two coat application of Armor Seal 8100 2-part floor epoxy. $5,000 TOTAL $5,000 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9F95B474-42A7-47D3-94C1-668F5E9D5C62 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/05/2019 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 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 CONTACTNAME:ALL COMMERCIAL INSURANCE SERVICES, LLC.ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 92121 PHONE(A/C, No, Ext):(858) 642-0200 FAX(A/C, No):(858) 642-0205 E-MAILADDRESS:www.2insure.biz INSURER(S) AFFORDING COVERAGE NAIC # Agency Lic#: 0C64552 INSURER A :NATIONWIDE MUTUAL INSURANCE CO 23787 INSUREDKL PAINTING, INC. 2440 LORNA LANE CARLSBAD CA 92008 INSURER B :INFINITY SELECT INSURANCE COMPANY 20260 NAT'L UNION FIRE INS CO OF PITTSBURGH, PAINSURER C : INSURER D: INSURER E : COVERAGES CERTIFICATE NUMBER:3346749 INSURER F : 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. INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY ACP7885050387 05/27/19 05/27/20 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTEDPREMISES (Ea occurence)$100,000 MED. EXP (Any one person)$5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER:$ B AUTOMOBILE LIABILITY 504590622685001 06/27/19 06/27/20 COMBINED SINGLE LIMIT(Ea accident)1,000,000 ANY AUTO BODILY INJURY (Per person)$ $ ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident)$ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE(per accident)$ $ C UMBRELLA LIAB X OCCUR EBU011211885 05/27/19 05/27/20 EACH OCCURRENCE $2,000,000 X CLAIMS-MADE AGGREGATE $2,000,000 DED EXCESS LIAB RETENTION $$ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY PERSTATUTE OTH-ER Y / N E.L. EACH ACCIDENT $ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?N / A E.L. DISEASE-EA EMPLOYEE $(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number : PWL19-733GS / Agreement Name : Safety Center Gate Painting The City of Carlsbad is included as Additional Insured with respect to general liability as per the attached endorsement. *10 Day Notice of Cancellation for Non-Payment/30 Day Notice of Cancellation for all other causes CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 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 Attention:Mark Rubin ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD© 1988-2014 ACORD CORPORATION. All rights reserved. THE CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008 ALL LOCATIONS AT WHICH ONGOING OPERATIONS ARE BEING PERFORMED FOR THE ADDITIONAL PERSON(S)OR ORGANIZATION(S) ACP GLO 7885050387 5IEX 19088 INSURED COPY 47 0003449 ACP 7885050387 ACP GLO 7885050387 5IEX 19088 INSURED COPY 47 0003450