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HomeMy WebLinkAboutKL Painting Inc; 2022-11-23; PWL23-2030FAC PWL23-2030FAC Dove Library Auditorium Vestibule Painting - 1 - City Attorney Approved 8/2/2022 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Dove Library Auditorium Vestibule Painting This letter will serve as an agreement between KL Painting, Inc., a California corporation (Contractor) and the City of Carlsbad, a municipal corporation of the State of California (City). The Contractor will provide all equipment, material and labor necessary to paint three vestibules in the auditorium, per Exhibit A, B and City specifications, for a sum not to exceed four thousand nine hundred dollars ($4,900). This work is to be completed within thirty (30) 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 DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 PWL23-2030FAC Dove Library Auditorium Vestibule Painting - 2 - City Attorney Approved 8/2/2022 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 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 PWL23-2030FAC Dove Library Auditorium Vestibule Painting - 3 - City Attorney Approved 8/2/2022 9. City Contact: Daniel Smith, 760-573-9280 Contractor Contact: Kody L. Kinney, 760-613-9891 CONTRACTOR KL Painting, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 2440 Lorna Lane Carlsbad, CA 92008 P: 760-613-9891 F: 760-683-3332 klpainting@gmail.com By: By: (sign here) Kody L. Kinney, President & 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: CINDIE K. McMAHON BY: City Attorney DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 Nov. 23, 2022 PWL23-2030FAC Dove Library Auditorium Vestibule Painting - 4 - City Attorney Approved 8/2/2022 EXHIBIT A Dove Library Auditorium Vestibule Painting SCOPE OF WORK AND FEE Contractor to provide all tools, material, and labor necessary to paint three vestibules in the auditorium at Dove Library, 1775 Dove Lane, Carlsbad, CA 92011. • Stage left area to be Sherwin Williams ProMar 200 Tricorn Black, eggshell (City will provide). • Vestibule entrance walls to be Sherwin Williams ProMar 200 Iron Ore, eggshell (Contractor to provide). • Vestibule door jambs to be Sherwin Williams Pro Industrial Iron Ore, semi-gloss (City will provide). All work to be consistent with Contractor’s proposal dated October 26, 2022, and attached to this agreement as Exhibit B. DESCRIPTION PRICE Painting three vestibules in auditorium. $4,900 TOTAL* $4,900 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 PWL23-2030FAC Dove Library Auditorium Vestibule Painting - 5 - EXHIBIT B Dove Library Auditorium Vestibule Painting DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 KL PAI NTING, INC License # 899963 Kody Kinney 3809 Carnegie Dr Oceanside, CA 92056 Phone: 760-613-9891 Fax: 760-683-3332 Email: klpainting@gmail.com ATTN: Dan Smith 405 Oak Ave. Carlsbad, CA 92008 Phone: 442-339-2943 office Phone: 760-573-9280 cell Email: a,~•~· - Auditorium: IJOB SITE Dove Library 1775 Dove Lane Carlsbad, CA 92011 Job Description Estimate October 26, 2022 1. Paint walls and ceiling in hallway leading up to stage, two coats finish paint, black (no paint on handrails) 2. Paint walls only in both entries into auditorium to match glass door trim, two coats finish paint Notes: 1. Mask off and protect all surrounding areas not receiving paint including baseboards and electrical 2. Repair minor drywall damage where necessary before finish paint 3 . Stage stairwell wall: SW ProMar 200 in Tri con Black, eggshell, provided by city Vestibule door jambs: SW Pro Industrial in Iron Ore, semi gloss, provided by city 4. Start date to be determined Estimate Total Auditorium: $4,900.00 Total: $4,900.00 KL Painting Date Owner Date CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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 certifi cate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 certifi cate does not confer rights to the certifi cate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, NO, EXT): FAX (A/C, NO): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN’L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER:$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS ‘ LIABILITY N/A PER STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 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 ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) 31-1769 11-15 WOODLAND Louis Mitchell Jr. IBSEN DENISE(9532V3E) 414 Fourth ST STE A 530-668-8818 10/19/2022 530-379-2826 dibsen@farmersagent.comCA95695 CARLSBAD K L PAINTING INC Mid Century Insurance Company 216872440 LORNA LN CA 92008-1034 C Y Y A09514719 1,000,000 1,000,000 1,000,000 The City of Carlsbad is listed as Additional insured on the named Insured's workers compensation policy for all projects with the city. Waiver of Subrogation applies in favor of the certificate holder on the workers compensation policy. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta GA 92564 Denise Ibsen 10/01/202310/01/2022 DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 ACORb® ~ I I -□ □ - Fl □ □ --~ -~ -~ -~ I I xi I I C I DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Waiver of Subrogation endorsement (WC 00 03) in favor of the City of Carlsbad This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured K L Painting Inc Insurance Company Mid Century Insurance Company WC 00 0313 (Ed. 4-84) © 1983 National Council on Compensation Insurance. Effective Policy No. A09514719 Endorsement No. Premium Denise Ibsen 10/1/2022 Countersigned by ________________ _ PDFDevice by Brainy DataCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/20/2022 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME:ALL COMMERCIAL INSURANCE SERVICES, LLC.ALL COMMERCIAL INSURANCE SERVICES, LLC. 16769 Bernardo Ctr Dr. #1-843 San Diego CA 92128-2546 PHONE (A/C, No. Ext):(858) 642-0200 FAX (A/C, No):(858) 642-0205 E-MAIL ADDRESS www.2insure.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURED Agency Lic#: 0C64552 INSURER A: INSURER B: INFINITY SELECT INSURANCE COMPANY NATIONWIDE MUTUAL INSURANCE CO 20260 23787 KL PAINTING INC 2440 LORNA LANE CARLSBAD CA 92008 INSURER C:NATIONAL UNION FIRE CO OF PITTSBURGH, PA 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:3362122 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 ADDLINSRD SUBRWVD POLICY EFFDATE (MM/DD/YY)POLICY EXPDATE (MM/DD/YY) X POLICY NUMBER EACH OCCURRENCE LIMITS $1,000,000ACOMMERCIAL GENERAL LIABILITY ACP7815050387 05/27/22 05/27/23 DAMAGE TO RENTED PREMISES (Ea occurence)$100,000CLAIMS MADE X OCCUR 5,000MED EXP (Any one person)$ 1,000,000PERSONAL & ADV INJURY $ 2,000,000GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT GENERAL AGGREGATE $ 2,000,000POLICYXLOCPRODUCTS-COMP/OP AGG $ OTHER: 504590622685001 06/27/23 COMBINED SINGLE LIMIT (Ea accident) $ B AUTOMOBILE LIABILITY 06/27/22 $1,000,000 ANY AUTO BODILY INJURY (Per person)$ OWNED AUTOS ONLY X SCHEDULED AUTOS BODILY INJURY (Per accident)$ X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE $(Per accident) $ C UMBRELLA LIAB X OCCUR EBU013781095 05/27/22 05/27/23 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PERSTATUTE OTH-ER ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH) Y/N N/A E.L. EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYEE $ If yes, describe underDESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ RE: ALL PROJECTS 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 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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. Attention: Emilyn Ryan Mark RubinLic # ACORD 25 (2016/03)Certificate #3362122 © 1988-2015 ACORD CORPORATION. All right reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 ACORD"" I ~ I I □ ~ □ □ - ----~ ---- -H I I I I I □ ~~£-·~. ACP GLO 7815050387 MACH 21089 INSURED COPY 47 0007426 DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 ACP GLO 7815050387 MACH 21089 INSURED COPY 47 0007427 DocuSign Envelope ID: 5B5FA3EA-1200-4FBD-B03F-0D0CDE9A9F96 CG 20 33 0413 2. "Bodily injury" or "property damage" occurring after: a. 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 b. 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: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413