HomeMy WebLinkAboutBoswell Painting Inc; 2014-06-16; PKRC541Tracking #:PKRC541
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Pine St. Bathrooms Wrought Iron Entry Gates Preparation & Paint (PKRC541)
This letter will serve as an agreement between Boswell Painting Inc. (Contractor) and the City of Carisbad
(City). The Contractor will provide all equipment, material and labor necessary to prepare and paint the
Pine Str. bathrooms wrought iron entry gates by removing mst and oxidation by grinding and sanding the
wrought iron entry gates to the men's and women's bathrooms to remove rust, oxidation, and peeling
paint. The contractor noted that they are not responsible for holes in the metal where the rust has
corroded through the metal. Contractor will then prime the wrought iron entry gates using 1 coat of
Rustoleum's 9100 CTM 2 part epoxy. Sand the wrought iron entry gates after priming to create a light
bond. Cover landscaping, concrete, walls and windows as needed to protect from spills and splatters
using tape, paper, plastic and drop cloths. Work will t)e completed in a clean and professional manner.
Garbage is removed and cleanup is performed daily and at completion of the job. Touch-up paint will be
left in labeled cans for future convenience. Exterior painting: Wrought iron entry gates will be painted
using 2 coats of Dunn Edwards Endura-Gloss siliconzed rust preventative semi-gloss enamel as per the
Contractor's proposal dated May 8, 2014 and City speciflcations, for a sum not to exceed Two Thousand
one hundred eighty seven dollars ($2,187). This work is to t>e completed within 20 working days after
issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Cartsbad 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, directiy or indirectiy arising from or in connection with
the perfomnance 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
directiy or indirectly fram 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 attomey's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall fumish 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 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. 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, Califomia 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 shall be aware of and comply with Califomia Regional Water Quality Control Board,
San Diego Region requirements.
A. Contractor shali 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
P;«intin0 Pinp Rathrnnm« Irnn FntrvfiatAC fPK'Rri;A1\ _ 1 _ rtih/Attnrnpu Annrr>«pH R/IR/I-^
Tracking #:PKRC541
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
Order No. 96-41 and review all compliance requirements therein, including monitoring, testing,
and reporting.
B. in the event of conflict between the Contract and Permit requirements, the most stringent shall
prevail. All permit requirements shall be satisfled by Contractor and accepted by all issuing
agencies, and the Owner before project will be accepted and a Notice of Completion filed.
C. Contiactor shall, at his own expense, procure any additional permits, certificates, and licenses
required of him by law for the execution of the work. He shall comply with all Federal, State and
local laws, ordinances or mles and regulations relating to the performance of said work.
E. The Contractor shall incorporate and comply with all applicable Best Management Practices
(BMPs) during the completion of this agreement. All work must be in compliance with the most
cunrent San Diego Regional Water Quality Control Board (RWQCB) pemiit, Carisbad Municipal
code 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, equipment utilized to
insure compliance, training of staff and experience in compliance with environmental regulations.
If in the opinion of the project manager, the Contractor is not in compliance writh this provision
CITY reserves the rights to implement BMP's to the maximum extent practical, and deduct
payment due or back charge the Contractor for implementation with a 15% markup for
administration and overhead.
6. The Contractor may be subject to civil penalties for tiie filing of false claims as set forth in the
Califomia False Claims Act, GovepnmeptCode^segtions 12650, et seq.. and Carisbad Municipal Code
Sections 3.32.025, et seq. ^^•''•""'^g^^^^^^--^^ init
7. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for^ City of
Carisbad to disqualify the Contractor from participating in contract bidding. ^^^^^^^^^Z-"^^"mtt:
8. The Contractor agrees and hereby stipulates tiiat the proper venue and jurisdiction for resolution of
any disputes between the parties arising out of this agreement is San Diego County, Califomia.
9. The City of Carisbad is a Charter City. Carisbad 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.
0. City Contact: Greg Dauss 760-497-3798
Contractor Contact: Bosweii Painting Inc. 760-519-1291
Paintina Pina Rathrnnnrnt Irnn Fntrw Ratp</PKRCMH _ 9 _ r.ih/&ttnmf>w AnnrnwpH fi/is/i-:*
//
//
Tracking #:PKRC541
//
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
By:
(sign here)
By:
Aooiotant ^itj" MoriasbCSeputy City Manager or
. ^ \ v Department Director
K-~€'Jf\ O'QS'LOCW -r r<^^c^-eia,\ as authorized by the City Manager
(print name/title) Chris Hazeltine
By:
(sign here)
(print name/titie)
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chainman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Otherwise, the corporation must attach a resolution certifled by the secretary
or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BRE\A/iR, City Attomey
BY: ^
stent City Attorney
State of Califomia
Counfy of San Diego
^l^scrfoed and sworn to (or affirrn^before me on thisZ^]
to me on the basis of satisfactory evident
appeared before me.
proved iepersoi)(eIwlio
OFFICIAL SEAL
BREANA AGUIRRE
NOTARY PUBLIC-CALlFORNlAg
COMM. NO. 1976745 -
SAN DIEGO COUNTY
MY COMM. EXP. APR. 29.2016 j
Paintincr Pin« Rathmnmc Irnn Fntrv Ratac fPKRri;/11 \ rtih/ Attnmou Ar>nrn«*»rl R/1R/1^
300 Carlsbad Village Dr. Ste. 108a #205 Carlsbad, CA 92008
(760)519-1291
Lie. #878250
Date: 05/08/14
Estimate for Pine St. Bathrooms Rot Iron Entry Gates
Preparation
Rust & Oxidation Removal-We will grind and sand the wrought iron entry gates
to the men's and women's bathrooms to remove rust, oxidation, and peeling paint. Note:
Contractor is not responsible for holes in the metal where the rust has corroded
through the metaL
Primer- We will prime the rot iron entry gates using 1 coat of Rustoleiun's 9100 DTM
2 part epoxy.
Sanding- We will sand the rot iron entry gates after priming to create a light bond.
Masking- We will cover landscaping, concrete, 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 of the job. Touch-up paint
will be left in labeled cans for your future convenience.
Exterior Painting
Rot Iron Entry Gates- We will paint the rot iron entry gates using 2 coats of Dunn
Edwards Endura-Gloss siliconzed rust preventative semi-gloss enamel.
This Proposal Includes: Labor & Materials
Price: $ 2,187.00