Loading...
HomeMy WebLinkAboutKL Painting; 2016-03-25; PWM16-79PEMPWM16-79PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT HARDING COMMUNITY CENTER EXTERIOR PAINTING; CONT. NO. 4723 This agreement is made on the c525-IA day of Marc.~\ , 2016, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and KL 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. 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. HARDING COMMUNITY CENTER EXTERIOR PAINTING; CONT. NO. 4723 Page 1 of 8 City Attorney Approved 10/6/15 PWM16-79PEM 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 participating in contract bidding. :~~·:::.. ~z a 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 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 HARDING COMMUNITY CENTER EXTERIOR PAINTING; CONT. NO. 4723 Page 2 of8 City Attorney Approved 10/6/15 PWM16-79PEM 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 10 (ten) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 18 (eighteen) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. K L Painting (name of Contractor) 899963 (Contractor's license number) C-33 Painting & 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 HARDING COMMUNITY CENTER EXTERIOR PAINTING; CONT. NO. 4723 Page 3 of8 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 10/6/15 PWM16-79PEM 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 DIR Registration be Subcontracted "-'0\JE: Total % Subcontracted: ------ HARDING COMMUNITY CENTER EXTERIOR PAINTING; CONT. NO. 4723 No. Page 5 of8 License No., %of Classification & Total Expiration Date Contract City Attorney Approved 1 0/6/15 Bond No. 71763436 PWM16-79PEfv1 EXI-i!BIT C LABOR ·"NO MATERiALS BOND VVHERE;\S , the Ciiy Council of the City of Carlsbad, State of California, hCJs awarded to KL Painting (hcrcinaf1cr clt:s1gneterJ as the 'Principal"). a Contract for: HARDING CENTER EXTERIOR PAINTING in the City of Carlsbaci, in strict conformity witt1 the drawings and specifications, and other Contract Documents now on file in ihe Office of the City Clerk of tile City of C;:;rlsbcJCl and all oiwhich are incorpor;:;ted herein by this rderence. WHEREAS, Principill has executed or is about io execute said Contract and the terms thereof require the iurnishins; of a bond, providing that if Principal or <my of its subcontractors shall fail to pa)' for any materials, provisions. provender or otr,er supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same lo the extent r,ereinarter set forth. NOW, THEREFORE, WE. KL Painting, as PrincipJI, (hereinaftar designated as the "Contractor"), and --~g;STERN SURE."TY COMPANY as Surety, are held firmly bound unto tt1e City of Carlsbad in the sum of thirty eight thousand dollars ($38,000), said sum being an amount equal to One hundred percent (1 00%) of tile tole! amount payable under the terms of the Contract by the City of Carlsbad, and for which payment weli and lru!y 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 OBLiGJl.TION IS SUCH that if the Contractor or hisfher 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 o:her work or labor :hereon of any kind. consistent with California Civil Code section 9100. or for amounts due under tile Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted. withheld, and pa1d over to the Employment Development Department from the wages of employees oi llle contrac!ur and suucontraclors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, th<Jt the Surety will pay for the same, and. also. in case suit is brought upon the bono, reasonable attorney's tees, to be fixed b~r the court consistent with California Civil Code section 9554. Til is bond sh;;d! inure to the benefit of any of the persons named in C<Jiifornia 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 ;;Jffect its obligations on this bond, and it does hereby waive notice of any change, ex1ension of time, alteranons or addition to the terms of the contract or to H1c work or to the specifications. H/\RDING COMMUNITY CENTER EXTERIOR PAINTING; CONT.' NO. 4723 Pogc 7 of B City Attomey Approved 10/6/15 ·~.\~~~~ ~. ~ .. . ~ '"',' '' ,";. Company Profile ... l CALIFORNIA , ··~ ! DEPARTMENT OF INSURAFiCE Company Profile Company Search Company Information Old Company Names ' Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #: California Company ID #: Date Authorized in California: License Status: Company Type: I State of Domicile: back to top NAIC Group List NAIC Group #: lines Of Business WESTERN SURETY COMPANY 333 S. WABASH AVEMIE CHICAGO, IL 60604 Effective Date 13188 I 0761-7 I 07/29/1930 I UNLIMITED-NORMAL I II Property & Casualty I II SOUTH DAKOTA I 0218 CNA INS GRP The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY back to top © 2008 California Department of Insurance Page 1 of 1 https ://interactive. web. insurance .ca. gov I companyprofile/ companyprofile ?event=company P... 3/16/2016