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Home My WebLink AboutKL Painting; 2016-09-07; PWL17-21GSPWL 17-21GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIRE STATION 5 ENTRANCE EXTERIOR WALL REPAIR AND PAINTING This letter will serve as an agreement between K L Painting, a sole proprietorship (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to prep, stucco patch, smooth and round rough edges and paint the exterior entrance (north-east side with Solarguard Hy- build primer and paint or its equivalent) at the City's Fire Station 5, located at 2450 Orion Way, Carlsbad, CA 92010, per the Contractor's proposal dated August 22, 2016 and City specifications, for a sum not to exceed three thousand dollars ($3,000.00). This work is to be completed within ten (10) 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, GoJEtVment Code sections 12650, ~-.and Carlsbad Municipal Code Sections 3.32.025, et seq. ~ init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction~ounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init init FIRE STATION 5 ENTRANCE EXTERIOR WALL REPAIR AND PAINTING --1 --City Attorney Approved 2129/2016 PWL17-21GS 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 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: Robert Ferris 760-434-2944 Contractor Contact: Kodv Kinney 760-613-9891 CONTRACTOR KL PAINTING, a sole proprietorship 725 Avocado Lane Carlsbad, CA 92008 760-613-9891 Phone 760-683-3332 fax klpainting@gmail.com By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Elaine Lukey I Acting Public Works Director as authorized by the City Manager Dated: (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: C/16~ Deputy City Attorney FIRE STATION 5 ENTRANCE EXTERIOR WALL REPAIR AND PAINTING --2 -City Attorney Approved 2/29/2016 KL PAINTING License # 899963 Kody Kinney 765 Avocado Lane Carlsbad, CA 92008 Phone: 760-613-9891 Fax: 760-683-3332 Email: klpainting@gmail.com !ATTN: Michael O'Brien Phone: 760-434-2996 Email: michael.obrien@carlsbadca.gov Email: robert.ferris@carlsbadca.gov Brick Wall: 1. Grind off all metal screws and old plaster Estimate August 22, 2016 Exhibit "A" JOB SITE Fire Station #5 2540 Orion Way Carlsbad, CA 92010 2. Smooth out the rough edges, stucco patch any holes, round the corner 3. Prime and int to match existin color with Sola uard uild Notes: 1. Mask and protect all areas not to be painted 2. All material to be Sherwin Williams product 3. All material labor and taxes are included KL Painting Date Authorized Signer Date