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HomeMy WebLinkAboutKL Painting Inc; 2019-10-02; PWM20-906GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0493617 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 30, 2019 11 :32 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.. SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins. $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: 156-180-46-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on October 14, 2019. 6. The name of the contractor for such work or improvement is KL Painting, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM20-906GS, Project Name City Hall Lobby Enclosure 8. The street address of said property is 1200 Carlsbad Village Dr, Carlsbad, CA 92008, in the City of Carlsbad. I, the undersigned, say: CITY O~ARLSBAD J1i ~ E;\<;:,,._ '-"""I -~✓Scott Chad~ City Manager VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Oc-Jobt/ JJrd , 20_19_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (}c,ffJod JJ1,I,, 20.!_J_, at Carlsbad, California. CITY OF CARLSBAD {,rBtf~, City Clerk Hect~✓ G~rn~ 2 1 /Jep~._:1 Crl:J Cleo<' Q:\Public Works\General Services\Agreements & Contracts\K L Painting\City Hall Lobby Enclosure -PWM20-906GS\4. NOC\2.NOC -PWM20-906GS City Hall Lobby Enclosure.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS K L Painting, Inc. has completed the contract work required for PWM20-906GS City Hall Lobby Enclosure. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Tape, mud, prep and paint existing drywall wall at the newly constructed lobby enclosure of City Hall. VALUE $8,900.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS John Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of · Carlsbad is hereby directed to commence maintaining the above described improvements. 1 /tr,kx ;t?· ?-3 ·1q Qt,/ Scott Chadwic(city Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q \Public Works\General Services\Agreements & Contracts\K L Painting\City Hall Lobby Enclosure -PWM20-906GS\4. NOC\3.API -PWM20-906GS City Hall Lobby Enclosure.docx PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 1 of 6 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CITY HALL LOBBY ENCLOSURE; CONT. NO. 4718 This agreement is made on the ______________ day of _________________________, 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and KL Painting, Inc., a California corporation whose principal place of business is 2440 Lorna 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: Robert Ferris (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. Contractor 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. 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. 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: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA October2nd PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 2 of 6 City Attorney Approved 1/25/2019 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. 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. Signature: ___________________________________ Print Name: _____Kody Kinney___________________ 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 DocuSign Envelope ID: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 3 of 6 City Attorney Approved 1/25/2019 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 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within fifteen (15) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. KL Painting, Inc. 2440 Lorna Lane (name of Contractor) 899963 (street address) Carlsbad, CA 92008 (Contractor’s license number) C-33 1/31/2020 (city/state/zip) 760-613-9891 (license class. and exp. date) 1000049048 (telephone no.) 760-683-3332 (DIR registration number) 6/30/2020 (fax no.) klpainting@gmail.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 4 of 6 City Attorney Approved 1/25/2019 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR, KL PAINTING, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kody Kinney / President, CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer 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: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 5 of 6 City Attorney Approved 1/25/2019 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ DocuSign Envelope ID: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA NONENONENONE NONE 0NONE 0 NONE NONE 0 NONE PWM20-906GS City Hall Lobby Enclosure; Cont. No. 4718 Page 6 of 6 City Attorney Approved 1/25/2019 EXHIBIT B Contractor to provide all labor, equipment, and materials necessary to prep, tape, texture and paint the city hall lobby enclosure. Contractor shall install corner beads prior to installation of drywall joint compound (mud). Contractor shall tape all seams in existing drywall then mud and texture all walls with the exception of the wall behind the reception desk. Contractor shall sand, prep, then prime all walls prior to painting. The front facing side of the wall behind the existing reception desk (facing the main entry to the building) shall be finished with a smooth level 5 finish. Paint all walls, color matching existing adjacent walls. All work will be completed outside of normal business hours and shall be coordinated with the city project manager. Prior to performing work, all adjacent areas shall be masked off. Contractor shall create a plastic barrier between clean areas and work areas and Contractor shall clean up and remove temporary barriers, as needed, at the end of each work shift. JOB QUOTATION ITEM NO. UNIT DESCRIPTION PRICE 1 LS Tape, mud, prep and paint existing drywall walls at the newly constructed lobby enclosure. $8,900.00 TOTAL* $8,900.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 3ED4A1D2-FAF0-41A6-A04C-859B987017EA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/24/2019 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:3346617 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 06/27/18 06/27/19 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 : PWL19-769GS / Agreement Name : Learning Center 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 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. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 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