HomeMy WebLinkAboutBOSWELL PAINTING INC; 2011-09-23; PEM560PUBLIC WORKS
LETTER OF AGREEMENT
PEM560
This letter will serve as an agreement between Boswell Painting, Inc, a Sole Ownership
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material
and labor necessary to complete the exterior painting at Harding Center's Auditorium, per the
Contractor's proposal dated August 2, 2011 and City specifications, for a sum not to exceed
Four Thousand, Seven Hundred and Seventy dollars ($)4,770.00. This work is to be completed
within 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 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 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 five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers
that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are
admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner. 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 1265u,^et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. H/ J^^wk ^ &L~— dniL."T*^^^ - • - T"^S^
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds
the Pjty^Df Carlsbad to disqualify the Contractor from participating in contract bidding.
Revised 9/28/00
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 City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130
supersedes the provisions of the California Labor Code when the public work is not a
statewide concern. Payment of prevailing wages is at contractor's discretion.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Bob Richardson
(Project Mgr)
Boswell Painting, Inc.
PEM, Facilities
(Department)
By:
(Name of Contractor)
(Sign Here)
(E-mail Address)
405 Oak Ave
(Address)
878250
Carlsbad, CA 92008
(Contractor's License Number)
(Print Name and Title)
By:
(Sign Here,) --(Print Name and Title)
Department Head Date
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:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
-- 2 --Revised 9/28/00
B>oswett
300 Carlsbad Village Dr. Ste. 108a #205
Carlsbad, CA 92008
(760)519-1291
Lie. #878250
Date:
Proposal for Harding Center Auditorium
Exterior Painting
Preparation
Pressure wash- Low-pressure power washing all stucco, trim, wood siding, and eves
will remove dirt and chalky paint & promote adhesion.
Scrape and Sand-Loose paint on the trim, wood siding, eves, and windows will be
scraped & sanded to create a light bond. Loose paint chips will be cleaned up.
StUCCO patch- We will scrape and remove peeling and bubbling stucco. We will
stucco patch the areas where stucco was removed as well as any cracks and holes in the
stucco using Rapid Set's Stucco Mix.
Wood Patching- We will patch wood wrought and termite damage using Bondo.
Wood Primer- We will spot prime the areas where we scraped, sanded, and patched
using 1 coat of Frazee's Prime Plus 100% acrylic exterior primer.
StUCCO Primer- We will prime the areas that we stucco patched using 1 coat of
Frazee's Prime Plus 100% acrylic exterior primer.
Caulking- We will caulk open seams and joints on the trim, windows, door jambs, and
fascia boards, using acrylic caulk.
Masking- We will cover landscaping, concrete, walls and windows as needed to
protect from paint spills and splatters using tape, paper, plastic and drop cloths.
Clean Up- Work will be completed in a clean and professional manner. Garbage is
removed and clean up is preformed daily and at completion of the job. Touch-up paint
will be left in labeled cans for your future convenience.
300 Carlsbad Village Dr. Ste. 108a #205
Carlsbad, CA 92008
(760)519-1291
Lic.# 878250
Exterior Painting
StUCCO, Wood Siding, Windows, & Eves- We will paint the stucco, wood
siding, windows, & eves using 1 coat of Frazee's Duratec 100% acrylic flat exterior
paint.
Doors & Door Jambs- We will paint the doors and door jambs using 1 coat of
Frazee's Mirro-Glide 100% acrylic semi-gloss enamel.
Fascia Boards & Trim- We will paint the fascia boards and trim using 1 coat of
Frazee's Mirro-Glide 100% acrylic semi-gloss enamel.
This proposal includes: labor and materials
Price: $4,770.00