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HomeMy WebLinkAboutBoswell Painting Inc; 2014-04-10; PWM14-40PEMPWM14-40PEM CJTY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PAINTING OF FARMERS BUILDING This agreement is made on the . . day of /y /O/^/ / 2014, by the City of Carlsbad, Califomia, a municipal corporation, (hereinafter dkllid "City"), and Boswell Painting, Inc., a Califomia Corporation, whose principal place of business Is 300 Carlsbad Village Dr. 108A-#205 Carlsbad, CA 92008 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perfonn 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 ali labor, materials, tools, equipment, and personnel to perfomi 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 fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Zunke (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concem. Payment of prevailing wages is at Contractor's discretion. 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 Califomia 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 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. PAINTING OF FARMERS BUILDING Page 1 of 5 City Attomey Approved 2/7/13 PWM14-40PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrattve 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 Carisbad to disqualify the Contractor or subcontractor from partteipating in contract bidding. Signature: ——-z^ -^=^ Print Name: if^QlQ rSo3(^e.l\ REQUiRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification of Commercial General Uability and Property Damage Insurance and a Certificate of Woricers' Compensation Insurance indicating coverage in a form approved by the Califomia Insurance Commission. The 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: (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 Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident fbr 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 priorto such cancellation. The policies shall name the City of Carlsbad as an additional insured. 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 perfomnance of the Contract or work; or from any feilure 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 attomeys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdictton for resolution of any disputes between the parties arising out of this agreement is San Diego County, Califomia. Start Woric Contractor agrees to start within 2 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 5 working days after receipt of Notice to Proceed. PAINTING OF FARMERS BUILDING Page 2 of 5 City Attomey Approved 2/7/13 PWM14-40PEM CONTRACTOR'S INFORMATION. Boswell Painting, Inc. (name of Contractor) 878250 (Contractor's license number) C-33/11-30-14 (license class, and exp. date) 300 Carlsbad Village Dr. 108A-#205 (street address) Carlsbad, CA 92008 (city/state/zip) 760 519 1291 (telephone no.) none (fax no.) boswellpainting@yahoo.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and wanrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR BOSWELL PAINTING. INC., a Califomia corporation By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia (sign here) Ken Boswell / President (print name/title) By: (sign here) Ken Boswell / Secretary (print name/title) a? authorized by the. Cr / Jim Howell lanager 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 Chairman, President, or Vice-President Groyip B 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: City Attomey PAINTING OF FARMERS BUILDING Page 3 of 5 City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California Countv of before me. ^/^/7-^//90O (^^oez,— A^^M-y/ f^^hc^ . ' (Flea' inscrl mime mid tilU' oftlie omccr) personally appeared Ae^r?&-/A^ JL Gost^e// - who proved to me on the basis of satisfectory evidence to be the person(s) whose name(s) is/are subscribed to the within instruinciit and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S. CHAVEZ WITNESS my hand and ofiicial seal. Signature ofNiitarv Pubhc (Notaiy Seal} ^ Cf-S.AVCZ O/tC^'i''' OMiVl. • 1919116 5 (ir^i ' . ^ARt 1 I L CAtiFORNIA^ A,^ ' CKi IR^ iHC 2ii. 2014, ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('I'lllc or dcscnpliiin ol'ullached diKumeiil) f'P>-n^inL of /^A</*>'frrS Bl^iM'^- (litle or descTiptHjn ofatiachcd diKunrenl ctuitinued) NuniluT of Pases Document Date I Additional ihEtH rmjiion CAPACITY CLAIMED BY THE SIGNER • individual (s) Comorate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Otiier INSTRUCTIONS F-OR CON4PLETING THIS FORM .iny afhiiiwledgiiu'iii compleled in Culiforniii 11111.11 cuiUam verbiage v.\MiIy a.s it/ipeiif.r tihove m ihe iiofmy .section or a .wparale iickmnfkdgmt'nl form niuii he properly rompkii'd. ami iilkiclml to thai tloeiiment. The only excepiion i.s if u ilocwnem i.s to he reeoriiej oitt.side of Cohforma. hj such in.stoiice.s. any alternative ackmnrleiifimeiit verbiage a.s may IK primed on .such ti docinmni so long a.s the verbiage doe.s not require ihe notary to do .something thai i.s illegal for a noiary in Califot nia (i e eertifying the authorized capacity of llie .signer) Please check the docimient corefidly for proper notarial wording and attach litrs form if reqmred. • Stale and Counfy irtforniation iiut.st be the State and County where the document signcr(s) pcr.soiially appeared before the i!Otar>' public Ibr acknowledgment • Date oi'nolari/'.ation must be the date that the S!gner(s) personally appeared which must also be the .same date the acknowledgment is conipleled. • The notar\' pubiie mu.st print his or her name as it appears withm his or her commission tbiknved by a comma and then your tille (notaiy public) • Print the nanie(s) of document signerlsj who personally a[)pear al the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. te'she/thevr is imt) or circling the correci forms. Failure to correctly indicate this information may lead fo rejection of document recording • 'Ihe notary seal impression mu.st be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, olhersvise complete a ditTerenl acknowledgmenl fonn. • Signature ofthe notaiy public must match the signature on file with the ofi'ice of the county clerk. • .Additional infomiatHin is not required hul could help to ensure this acknowledgment is not misused or attached to a dif ferent document • Indicate litle or type of attached document, number of pages and date hidicate the capacity claimed by the signer. If fhe claimed capacity is a corporale officer, indicate the tule {i.e. CFO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAI'A v 12.10.07 800-873-9865 wwv.NolaryClasses.com Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTISEliT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 878250 DISCLAIMER: A license status check provides Infomiation taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071,17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Reissue Date Expire Date License Status Classifications Extract Date 3/31/2014 Bonding 878250 BOSWELL PAINTING INC Business Phone Number: (760) 519-1291 300 CARLSBAD VILLAGE DRIVE SUITE 10SA #205 CARLSBAD, CA 92008 Corporation 05/23/2006 11/02/2010 11/30/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS 033 DESCRIPTION PAINTING AND DECORATING Workers' Compensation 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 Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BOSWELL KENNETH LYNN certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 11/02/2010 WORKERS' COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=87... 3/31/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with EVEREST NATIONAL INSURANCE COMPANY Policy Number: 7600012252131 Effective Date: 10/27/2013 Expire Date: 10/27/2014 Workers' Compensation Historv Miscellaneous Information DATE 11/02/2010 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use | Privacy Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=87... 3/31/2014 PWM14-40PEM 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 Pubiic Contract Code). If no subcontractors are to be emptoyed on the project, enter the vrord "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract None Total % Subcontracted: PAINTING OF FARMERS BUILDING Page 4 of 5 City Attomey Approved 2/7/13 PWM14-40PEM EXHIBIT B JOB QUOTATION ITENI NO. UNIT QTY DESCRIPTION PRICE 1 EA 1 Spray and Backroll the front of the main building using 1 coat of Frazee's Super Flat 100% Acrylic flat exterior paint. $4,954.32 TOTAL* $4,954.32 'Includes taxes, fee's, expenses and all other costs. PAINTING OF FARMERS BUILDING Page 5 of 5 City Attomey Approved 2/7/13