HomeMy WebLinkAboutBoswell Painting Inc; 2014-04-30; PKRC539Tracking #:PKRC539
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEIMENT
Grand Street Beach Access South Block Wall Preparation & Paint (PKRC539)
This letter will serve as an agreement between Boswell Painting Inc. (Contractor) and the City of Carlsbad
(City) The Contractor will provide all equipment, material and labor necessary to prepare and paint the
Grand Street Beach Access South Block Wall: clean with high pressure power washing to remove dirt and
chalky paint and promote adhesion, scrape and remove peeling and flaking paint on the south beach access
block wall, bmsh and roll the primer on the block wall using 1 coat of Frazee's Prime Plus 100% acrylic
exterior primer, masking - cover landscaping, concrete, railings, walls and windows as needed to protect
from spills and splatters using tape, paper, plastic and drop cloths, work will be completed in a clean and
professional manner. Garbage is removed and cleanup is perfomied daily and at completion of the job.
Touch-up paint will be left in labeled cans, exterior painting includes bmsh and roll the finish coasts on the
block wall using 2 coats of Frazee's Duratec 100% acrylic flat exterior paint as per the Contractor's proposal
dated April 30, 2014 and City specifications, for a sum not to exceed Five Thousand dollars ($) 5,000. This
work is to be completed within 20 working days after issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carisbad Business License
2 The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
hannless 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, mles 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 indude all costs and expenses,
including attorney's fees for litigation, arbitration, or other dispute resolution method.
3 Contractor shall fumish policies of general liability insurance, automobile iiabiiity insurance and a
combined policy of wortcers 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 Risk
Manager or the City Manager. Said policies shall name the City of Carisbad 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 Califomia 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 Ttie Contractor shall be aware of and comply with all Federal, State, County and City Statues
Ordinances and Regulations, including Wortcers Compensation laws (Division 4, Califomia Labor Code)
and the "Immigration Refonn 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 shall be aware of and comply witii Califomia Regional Water Quality Control Board.
San Diego Region requirements.
A. Contractor shall not allow any discharges from the construction site, which may have an adverse
effect on receiving waters of the United States.
Contractor shall not allow any groundwater extraction water to be discharged from constmction site
except in full compliance with the General Waste Discharge Requirements for Ground Water
Extraction and Similar Discharges from Constmction and Remediation Projects (Order No. 96-41)
adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said
Painting Beach Access South Block Wall (PKRC539) - 1 - City Attomey Approved 6/18/13
C.
6.
Tracking #:PKRC539
Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and
reporting.
R In the event of conflict between the Contract and Pemiit requirements, the most stringent shall
prevail J ^rmi? requirements shall be satisfied by Contractor and accef^^^^^ issuing
agencies, andthe Owner before project will be accepted and a Notice of Completion filed.
Contractor shall at his own expense, procure any additional pemiits, certificates, arid licenses
?eqS of hS by aw for the execution of the woric. He shall comply with all FederaJ, State and
Sllws, ordnances or mles and regulations relating to the perfomiance of said woric.
P Th« rnntrartor shall incoroorate and comply with all applicable Best Management Practices
SSp^? dS the compteK agreement. All woric must be in compliance with the mos
SS'ent larSeSo Re^oSf Water Quality Control Board (RWQCB) pemiit, Caristed MunK.^^^^
Sde and the City of Carisbad Jurisdictional Urban Runoff Management Plan (JURMP)
incorporated herein by reference.
F The Contractor shall indicate in his submittals methods of compliance, equiprnent utilized to insure
compliance, training of staff and experience in compliance with environmental regulations. If in the
ooSnion of he project manager, the Contractor is not in compliance with tins provision CITY
^e^e^es ibr^hL to^^ to the maximum extent practical, and deduct payrnent due
S back charge the Contractor for implementation with a 15% maricup for administration and
overhead.
The Contractor may be subject to civil penalties for the filing of false claims as set forth in the Califomia
Sfse Sms AS, GQveJent Code sectbnsi 2650, etseg- and Carisbad Municipal Code Sections
3.32.025, et seq. ^r^'^^lnit ^—/^"""^t
7. The Contractor hereby acknowledges that debamient by ^"Other jurisdiction i^ro^sM^
Carisbad to disquality the Contractor from participating in contract bidding/^^^T^w/::^- ^f-
8 The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of
any dispuSs betv^een the parties arising out of this agreement is San Diego County Calrfomia.
9 The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3^28.130 supersedes «ie
provisions of the Califomia Labor Code when tfie public woric is not a statewide concem. Payment of
prevailing wages is at Contractor's discretion.
10. City Contact: Grea Dauss 760-497-3798 — —
Contractor Contact: Boswe// Painting Inc. 760-519-1291 _
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Painting Beach Access South Block Wail (PKRC539) - 2 - City Attomey Approved 6/18/13
Tradcing #:PKRC539
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CONTRACTOR
Ken Boswell
Boswell Painting Inc.
License #878250
300 Carisbad Village Dr. Ste. 108a #205
Carisbad, CA 92008
(760) 519-1291
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
(sign here) Deputy City Manager
«r Department Director
o SoSoO^vX ProSv<^«r\'V as authorized by the aty Manager
(print name/title) ~ Chris Hazeltine
See Atehed Acknowledgment
(sign here)
(print name/titie) f
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman president or vce-president and secretary, assistant secretary, CFO or assistant treasurer must
S^for coronations Ottierwise. the corporation must attach a resolution certified by the se^^^^^^ or
assistant secretary under corporate seal empowering the officer{s) signing to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREyygTOCIty Attorney
BY:
Assistant City Attomey
Painting Beach Access South Block Wail {PKRC539) - 3 - City Attomey Approved 6/18/13
State of California
Countyof }
On
personalty appeared
1 OFFICIAL SEAL
MILO L. MCCORMAC „
NOTARY PUBLIC-CALIFORNIA g
COMM. NO. 2053109 ^ SAN DIEGO COUNTY MY COMM. EXP. DEC. 23,2017
Who proved to rne on the basis d satisfactory evidence to
be Ihe pecsonW whose name(^ is/a» sitwcribed to the
within Instalment and adowwledged to me that
he/*e/lb«y e)(Bajted the same in his/ber/lh*
capadtyCies). and that by his/heiTlheir slgnaiureW on the
instmment the person(^, or the entity upon behalf of
virtiich the peison(») aded, executed ttie InstnimenL
I oertity under PEI^TY OF PERJURY under tiie iavire
of the State of CaUfomia ttiat tiie foregoing paragraph is
tme and correct
WITNESS my hand and ofiicial seal.
PiBoe Notary Seal Mxwe
Signature.
OPTIONAL -
ef Notary PiMc
Description of Attached Document
Title or Type of Document: , .:
Docuinent Date: __ •.— .Number of Pages:.
SIgneits) Other Than Named Above:
Capacity(ies) Claimed by Signer<8)
Signei^Name: .
• Indivklual
• Corporate Officer—Tltle(s): —
• partner—• Umited • General
• Attomey in Fad
• Trustee
• Guardian or Conservator
lop of'ttMimb here
Signer Is Representing:
Signer's Name:
• Individual
• Coiporate Officer—Tille(s):
• Partner-• Limited • General
• Attorney in RK4
• liuslee
• Guardian or Consen^tor
• Ottier: ___
Signer Is Representtrig:
IbporVwmbtiere
300 Carlsbad Village Dr. Ste. 108a #205 Carlsbad, CA 92008
(760)519-1291
Lie. #878250
Date: 04/30/14
Fstitnate for Grand Street Beach Access South Block Wall
Preparation
Pressure wash- High-pressure power washing the south beach access block wall will
remove dirt and chalky paint 8c promote adhesion.
Scraping- We will scrape and remove peeling and flaking paint on the south beach
access block wall.
Primer- We will brush and roll the primer on the block wall using 1 coat of Frazee's
Prime Plus 100% acrylic exterior primer.
Masking- We will cover landscaping, concrete, railings, walls and windows as needed
to protect from 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 ofthe job. Touch-up paint
will be left in labeled cans for your future convenience.
Kxterior Painting
Block Wall- We will brush and roll the finish coats on the block wall using 2 coats of
Frazee's Duratec 100% acrylic flat exterior paint.
This Proposal Includes: Labor and Materials
Price: $4,944.00