HomeMy WebLinkAboutBoswell Painting Inc; 2014-06-30; PWM14-61PEMPWM14-61PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
EXTERIOR PAINTING OF FARADAY BUILDING
This agreement is made on the day of <^ /^^^<X^^ , 2014, by the City
of Carlsbad, California, a municipal corporation, (hereinaftepcsHled "City"), and Boswell Painting, Inc., a
California corporation, whose principal place of business-jCsOT Carisbad Village Dr. 108A #205 Carisbad,
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 Specificafions, 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 confiict,
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: Jesse Zunke (City
Project Manager)
PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carisbad 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.
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 California Government 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.
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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 debamnent by another jurisdiction is grounds for
the City of Carisbad to disqualify the Contractor or subcontractor from participating in contract bidding.
Signature: >^— ^
Print Name: f^05v^-e^VV
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification
of Commercial General Liability 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 furnished to the City
prior to the start of wori<. The minimum limits of liability insurance are to be placed witii 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 tiie 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 tiie amount of $100,000 combined single limit per accident for 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 prior to such cancellation.
The policies shall name the City of Carisbad as an additional insured.
INDEMNITY. The Contractor shall assume tiie defense of, pay all expenses of defense, and indemnify and
hold hamiless 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 perfbrmance
of the Contract or worit; 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 directiy or indirectly from the
nature of the worit 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 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 Worit: Contractor agrees to start within 5 woriting days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work wittiin 40 woriting days after receipt of Notice to Proceed.
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CONTRACTOR'S INFORMATiON.
BOSWELL PAINTING, INC.
(name of Contractor)
878250
(Contractor's license number)
C33
(license class, and exp. date)
EXPIRES 10/27/2014
300 CARLSBAD VILLAGE DR. 108A #205
(street address)
CARLSBAD, CA 92008
(city/state/zip)
760-519-1291
(telephone no.)
(fax no.)
boswell.painting@yahoo.com
(e-mail address)
AUTHORITY. The individuals executing this Agreement and the instiuments referenced in It on behalf of
Contractor each represent and wanant that tiiey have the legal power, right and actual authority to bind
Contractor to tiie temis and conditions of this Agreement
CONTRACTOR
BOSWELL PAINTING, INC., a California
corporation
By:
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
(sign here)
Ken Boswell / President as authorized by the!
Jim Howell
(sign here)
Ken Boswell / Secretary
SeeABac^^owIe^
(print name/titie)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If_a
conaoration. Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, tiie 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:
CELIA A. BREWER, CiW.A^pmey
Assistant City Attome;
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CAUFORNIA ALL4HlitPOSE ACKHQWUEPOIIENT
State of OalifcHTila }
NaRie(B]orsigne((B)
1 OFFICIAL SEAL
MILOL. MGCORMAC
NOTARY PUBLIC-CALIFORNIA S COMM. NO. 2053109 -SAN DIEGO COUNTY | MY COMM. EXP. DEC, 23,2017 I
'—*
who pioved to rne on the basis of satisfEKSlory evide^
be the persorKiO who®^ name(^ is^ subecribed to the
within instrument and acknowledged to me that
he^Bbeltwy eNSCuted the same in NsMfeeir authorized
c£4)acftyCie6), and that by NsAwi/beir signature(«) on the
tnsmjment ttie pei8on(s). or the entity upon behalf of
which the person(8) acted, eNBCuted the instnimenL
I certify under PENALTY OF PERJURY under the laws
of the State of CaBfomia tfiat flie foregoing paiagiaph is
true and correct
WITNESS my hand and official seal.
Place Notary Seal Above
Signature. SIgmtiK or tMaiy PuUc
OPTIONAL
Though mMorttiaXkmb^ Is rMT0qiriredtylm,Hriia^
andcoMpieveialiaiKMetaiernoialafKlieet^^
Descfff plfcHi of Attached Document
TWe or Type of Document: .
Document Date: . , . Number of Pages:
Signer(s) Other Than Named Above:
CapacHyOes) Claimed by Signeita)
SigneriB Name:.
• Individual
• Corporate OBioer—TWe(s):
• Partner—• Limited • General
• Attorn^ in Fact
• Trustee
• Guardian or Conservator
• Othen
Signer Is Representing:.
-Ihumbhere
Signer^Name:
• Individual
• Corporate Officer—THIe(8):
• Partner—•Umiled • General
• Attorney bl Fact
•Tmstee
• Guardian or Conservator
• Other L_
Signer Is Rapresenthig:
IbpafVtumbheie
«2aC7NBaanal Notary AssocMon'9350 De Soto Ave, P.aBGK24aZ«Ch^ tsmfSSOT R«iider.CallUHine1400.87fr68Z7
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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 Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
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EXHIBIT B
JOB QUOTATION
Scope of Work:
Provide labor, materials, and equipment to prepare and paint the exterior of the City of Carisbad
Administration Building located at 1635 Faraday Avenue, Carisbad, CA.
Specifications:
• Expansion Joint Caulking- DAP Dyna-Flex 230
• Metal Primer- Rustoleum DTM 9100 Exterior Metal Primer
• Stucco Primer-Dunn Edwards Flex Prime
• Finish Coat-Dunn Edwards Sparta Shield 100% Acrylic flat exterior paint
Proposal:
• Pressure Wash - Contractor shall Low-Pressure power wash all stucco, trim, and metal to remove dirt
and chalky paint & promote adhesion.
• Scraping - Contractor shall remove loose paint on the stucco, doors, and door jambs by scraping or
wire brush.
• Expansion Joints - Contractor shall scrape and remove loose, and peeling paint from expansion joints.
• Expansion Joint Caulking - Contractor shall caulk the expansion joints on an as needed basis,
• Masking - Contractor shall protect landscaping, concrete, walls and windows from spills, splatters, and
overspray using tape, paper, plastic, and drop clothes,
• Metal Primer - Contractor shall prime the following:
• Utility Doors
• Trash Enclosures
• Pipes
• Metal Doors
• Exposed Steel around Back Entrance
Stucco Primer - Contractor shall prime the exterior ofthe building using one (1) Coat of Dunn Edwards
Flex Prime
Stucco Finish - Contractor shall paint the exterior of the building using two (2) coats of Dunn Edwards
Evershield 100% Acrylic Flat Exterior Paint. Contractor shall back roll finish coats.
Miscellaneous Metal - Contractor shall paint all exterior metal using two (2) coats of Dunn Edwards
Endura Gloss Exterior Oil Based gloss enamel.
Stucco Cap - Contractor shall paint Stucco Cap using two (2) coats of Dunn Edwards Sparta Shield
100% Acrylic Flat Exterior Paint. Stucco Cap will be a separate color.
Clean Up - Project Waste and Debris shall be removed from the site daily. Contractor shall walk the
site with City of Carisbad representative to identify and correct any project clean up items before the
work is accepted.
Extra Paint - Contractor will leave touch-up paint in labeled cans.
Price: $24,598.10
includes taxes, fee's, expenses and all other costs.
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