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HomeMy WebLinkAboutBoswell Painting Inc; 2015-06-24; PWM15-85PEMPWM15-85PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FACILITY INTERIOR AND EXTERIOR PAINTING BOSWELL PAINTING, INC. This agreement is made on the ^./y^"^^ day of (^J{.^/^.^ , 2015, by the City of Carlsbad, California, a municipal corporation, (hereinaft^i^lled 'tity"), and Boswell Painting, Inc., a California corporation, whose principal place of businea^!^i^00 Carlsbad Village Drive, Suite 108A#205 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: Jason Kennedy (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" forthe 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 shali 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. FACILITY INTERIORAND EXTERIOR PAINTING CONTRACT NO. 7230 Page 1 of 7 Oity Attorney Approved 4/115 PWM15-85PEM Contractor acknowledges that Calift>mia Govemment 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 ofthe information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to felse 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: " K Print Name: 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. Ths certificates shall indicate coverage during the period of the contract and must be fumished to the City prior to the start: of work. The minimum limits of liability insurance are to be placed with insurers that have a current Best's Key Rating of not less than "A-:Vir; OR with a surplus line insurer on the State of Califomia's List of Approved Surplus Line Insurere (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 quarteriy 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, tn 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 Carisbad 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 ANO 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 ofRcers 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 nature of the work covered by ttie Contrart, except for toss or damage caused by tfie sole or active FACILITY INTERIOR AND EXTERIOR PAINTING CONTRACT NO. 7230 Page 2 of 7 City Attomey Approved 4/115 PWM15-85PEM 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 30 worthing days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. FACILITY INTERIORAND EXTERIOR PAINTING CONTRACT NO. 7230 Page 3 of 7 City Attomey Approved 4/115 PWM1S-B5PEM CONTRACTOR'S INFORMATION. BOSWELL PAINTING, INC. (name of Contractor) #878250 (CcNDtrac^s ik»nse number) C33 (license class, and exp. date) Exp. 11-30-16 3(X) CW^LSBAD VILLAGE C«., STE. 108A #205 (street address) CARLSBAD, CA 92008 (dty/stat^^ 760-519-1291 (telephone no.) (fax no.) Boswell.painting@yahoo.com (e-^nati address) 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 BOSVStLL PAINTING, INC, a CaliftMTiia corpoiation By: CITY OF CARLSBAD, a municipal corporation of ttie State of Ca^orma (sign here) Ken Boswell / President Patrick A. Thomas / Public Works Director as authorized by the City Manager (print narfje/title) By: (sign here) Ken Boswell / Secretary (print name/titie) If required by City, proper notarial acknowledgment of execution by Contractor must be attadied. IjLa corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Groups Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolutton certified by the seaetary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, CjJx Attomey sy.JM FACILITY INTERIOR AND EXTERIOR PAINTING CONTRACT NO. 7230 Page 4 of 7 City Attorney Approved 4/115 CALIFORNIA ALL-PURPOSE ACKNOVIfLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of Califomia County of ^^t-^D'^^ On ir before me, Dafe personally appeared ) 1^ Were Insert Name and Title of the Officer Name^) ofSignerf^ who proved to me on the basis of satisfactory evidence to be the person(^ whose name(6) is/a^e subscribed to the within instalment and acknowledged to me that he/s^e/tfiey executed the same in his/her/tfipir authorized capacity(i^s), and that by his/lj^r/tbeir signature(5) on the instrument the person(s^ or the entity upon behalf of which the person(3j acted, executed the instrument ^' 1 OFFICIAL SEAL DAREN VASS NOTARY PUBLIC-CALIFORNIA i COMM. NO. 2087484 £ SAN DIEQO COUNTY MY COMM. EXR iTOV 21, 2018 J I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hapcTand ekfficial seal Signature' Place Notary Seal Above OPTIONAL Though thissection is optional, completing this infomiation can deter alteration ofthe document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: ©2014 National Notary Associatton • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 878250 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. ; I Business Information i : BOSWELL PAINTING INC i ? 300 OARLSBAD VILLAGE DRIVE { SUITE 108A #205 i OARLSBAD, OA 92008 Business Phone Number:(760) 519-1291 Entity Corporation Issue Date 05/23/2006 Reissue Date 11 /02/2010 Expire Date 11/30/2016 License Status This license is current and active. All information below should be reviewed. Classifications C33 - PAINTING AND DECORATING Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100141584 Bond Amount: $12,500 Effective Date: 11/02/2010 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) BOSWELL KENNETH LYNN certified that he/she owns 10 percent or more ofthe voting stock/equity of the corporation. A bond of qualifying indiviclual is not required. Effective Date: 11/02/2010 Worl<ers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9116170 Effective Date: 10/27/2014 Expire Date: 10/27/2015 VVorkers' Compensation History _ ^ _ _ IVIiscellaneous Information 11/02/2010 - LICENSE REISSUED TO ANOTHER ENTITY :ps://vmw2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=878250 4/15/20 Public Work's Contractor Registration Search Page 1 of 1 z^.'J--1 Division of Labor Standards Enforcement Public Works Contractor Registration Search This Is a listing of current and active contractor registrations pursuantto Division 2, Part 7, Chapter 1 (commencing with section 1720) ofthe Califomia Labor Code. Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Number: 1000023774 Contractor Legal Name: Contractor License Lookup License Number: Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date BOSWELL PAINTING INC 1000023774 CSLB:878250 06/15/2015 06/30/2015 Export as: Excel | PDF ( 'opvright f; 2014 State of ( alifornia https://efiling.dir.ca.gov/PWCR/Search.action 6/17/2015 PWM15-85PEM EXHIBIT A USTING OF SUBCONTRACTORS iY GENERAL CONTRACTOR Set forth below is tfie full name and location of the place of business of each sub-contractor whom tfie Contractor proposes to subcontract portions of flie 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 sut)-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 sutxxMitractoFS are to be employed on the projecS, enter ttie w<»d "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address Ucense No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted; 0% FACILITY INTERIOR AND EXTERIOR PAINTING CONTRACT NO. 7230 Page 5 of 7 City Attorney Approved 4/115 FWMib-gSPEM SCOPE OF SERVICES Interior Stairwell Preparation and Painting Masking - Mask walls and flooring as needed to protect from paint spills and splatters. Concrete Patching - Patch cracks in the concrete using Rapid Set's Wunnder Rx concrete patching compound. Sanding - Sand the metal kick fcioards and the metal in front of each step to smooth down rough surfaces and create a light bond. Note: This proposal does not indude the hand rails or railings. Stairs - Paint the stairs and landings using two <2) coats of Rustoleum's Porch & Floor anti-skid non- textured paint. Kicktwards - Paint the staircase metal kickboards to include the meta! in front of each stair using tow (2) coats of Frazee's Arothane urethane modified semi-gloss enamel. Note: This proposal does not include the hand rails or railings. Paint will be color matched to ensure colors match existing paint schemes. Clean Up - Work will be completed in a clean and professional manner. All garbage will be removed and a clean-up of all areas after the performance of daily work and at the completion of the job. Touch-up paint will be left at the facility in labeled cans for future use and color matching. Residential Structure Fascia Board and Pry Door Preparation and Painting Scrape and Sand - Loose paint on the exterior fascia boards will be scraped & sanded to create a light bond. Sand tubular steel pry door jamb to create a light bond. Loose paint chips and debris will be cleaned up and disposed of in trash receptacles. Caulking - Caulk will be applied to open joints and large cracks on the fascia boarcis using Frazee's 35 year acrylic caulk plus silicone. Masking - Contractor will cover landscaping, concrete, walls and windows as needed to protect from paint spills and splatters. Tape, paper, plastic and drop cloths will be used. Fascia Boards - Paint all fascia tioards on the residential building using two (2) coats of Frazee's Arothane urettiane modified semi-gloss enamel. Paint will be color matched to ensure colors match existing paint schemes. Wood primer will be used to spot treat exposed raw wood on the fascia boards. Contractor will use one coat of Frazee's Prime Plus 100% acrylic exterior wood primer. Pry Door and Door Jamb - Primer the tubular steel door jamb and door with one coat Rustoleum's 9100 DTM. Apply two (2) coats of Dunn Edwards Endure-GIoss paint matching existing color of fascia boards and existing doors on the residential building. Clean Up - Work will be completed in a clean and professional manner. All garbage will t>e removed and a clean-up of all areas after the performance of daily work and at the completion of the job. Touch-up paint will be left at the facility in labeled cans for future use and color matching. Exterior Fence and Gate Preparation and Painting Rust & Oxidation Removal - Grind and sand to remove rust, oxidation and peeling paint in order to form a bond between surface metal and paint for the following areas: FACILITY INTERIOR AND EXTERIOR PAINTING CONTRACT NO. 7230 Page 6 of 7 City Attomey Approved 4/115 PWMI.^-SSPFM » ruDUiar steei suD-seoions nntenorafw sj^f^ES'sssssrorins theSafetvTrairfno Center. Wumlnum purtch plate sections Ofthe perimeTtfi ttiiiut! yy"! nul be painted. - = i#e:i^r> aasR arjciesiFjega^s jocasea <«i tne imerKJr oi B«3 ffaww^^^r^S. • Two (2) swirig gates hDcated at the main Bnirahce io the training campus. • Perimeter fence including two gates surrounding the rear yard area of the residential building • One persormel gate located at the east entrance to tf>e training campus. Contractor will remove rust, oxidation, and peeling paint Contractor will mask aluminum punch plate sections to prevent damage from grinding, sanding and paint splatter. Contractor is not responsible for structural damage to fenc^ sections caused by severe corrosion. Masjqng - Contractor will cover landscaping, concrete, walls and windows as rieeded to protect from paint spills and splatters. Tape, paper, plastic and drop cloths will be used. Primer - One coat of Rustoleum's 9100 DTM will be applied to all areas to cover exposed steel surfeices. Paint - Two (2) coats of Dunn Edwards Endure-GIoss paint matching existing color will be applied to all exterior surfaces identified for painting. CjeanJiB - Work will be completed in a clean and professional manner. All garbage will be removed and - .-yr arooc afttBr mo ptKtevffte^vc^ r» t^m^'^FfrK lOg^^f^jieBOn Of the JOO. Tou(31-Up paint will be left at flie ladllty in labeled cans for ftiture use and color matching. COST ANALYSIS 1. Front Staircase: S1665.00 2. Rear Staircase: $2,610.00 3. Fascia Boards and Pry Door on Residential Structure: $1,800.00 4. Perimeter Fence and Gates; $9,050.00 Total Cost: $15,125.00 * Includes Labor, Equipment & Materials. ""Note: Work will be scheduled by the City Project Manager as to not impact training events. Interior painting will require parts ofthe facility to be closed until project is complete. FACILITY INTERIOR AND EXTERIOR PAINTING CONTRACT NO. 7230 Page 7 of 7 City Attomey Approved 4/115