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HomeMy WebLinkAboutBoswell Painting Inc; 2011-07-25; PEM550PUBLIC WORKS LETTER OF AGREEMENT PEM550 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 the Swim Complex, per the Contractor's proposal dated June 1, 2011 and City specifications, for a sum not to exceed Three Thousand, Two Hundred and Eighty dollars ($)3,280.00. 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 12650.^ seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. ^S^^^Tfiit g^jj^.—mit 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grou the City oJXarlsbad to disqualify the Contractor from participating in contract bidding. init 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 PEM. Facilities 405 Oak Ave Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Boswell Painting. Inc. 878250 (Name of Contractor) ^ (Contractor's License Number) / By:_ (Sign Here) (Print Name and Title) (E-mail Address) By:_ (Sign Here) (Print Name ancf Title) (E-mail Address) 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:A ""Deputy City Attorney ^ ^ -- 2 - Revised 9/28/00 Boswell 300 Carlsbad Village Dr. Ste: 108a #205 Carlsbad, CA 92008 (760)519-1291 Lie. #878250 Proposal for Swim Complex Exterior Painting Preparation Pressure wash- Low-pressure power washing all stucco, trim, metal, and eves will remove dirt and chalky paint & promote adhesion. Scrape and Sand-Loose paint on the trim, doors, and metal louvers will be scraped & sanded to create a light bond. Loose paint chips will be cleaned up. StUCCO patch- We will scrape away peeling and bubbling stucco. We will stucco patch the areas that were scraped as well as any cracks and holes in the stucco. Prime- We will prime 5 metal louvers, 3 doors, and the front door and window using 1 coat of Galv-Alum exterior metal Primer. Caulking- We will caulk open seams and joints on the doors and door jambs using acrylic caulk. 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 job. Touch-up paint will be left in labeled cans for your future convenience. Exterior Painting StUCCO - We will paint the stucco using Frazee's Duratec 100% acrylic flat exterior paint. Block- We will paint the bottom 2 feet of block around the building a different color then the stucco using Frazee's Duratec 100% acrylic flat exterior paint. 300 Carlsbad Village Dr. Ste: 108a #205 Carlsbad, C.A. 92008 (760)519-1291 Lic.# 878250 Exterior Painting Doors, Door Jambs, Louvers, Front window and Door- We will paint the doors, door jambs, louvers, front window and door using Rustoleum's Metal Max. Price: $ 3,280.oo This proposal includes: labor and materials