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HomeMy WebLinkAboutBOSWELL PAINTING; 2010-10-12; PEM 515PUBLIC WORKS LETTER OF AGREEMENT Boswell Painting PEM515 This letter will serve as an agreement between Boswell Painting, a Sole Ownership (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to prepare and paint the exterior of the Scout House building in Holiday Park, per the Contractor's proposal dated August 29. 2010 and City specifications, for a sum not to exceed Four-Thousand, Nine Hundred and Fifty-nine dollars (3)4,959.00. This work is to be completed within thirty (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 Goete-sjections 12650x7 et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grour^ds fi the CjtvirofTCarlsbad to disqualify the Contractor from participating in contract bidding. init CJ^S—fffiT 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 general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Kelly Brooks PEM 405 Oak Ave Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Boswell Painting (J (Name of Contractor) (Contractor's License Number) (Sign Here) (Print Name and Title) (E-mail Address) By: (SignXere) (Print Name and 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 Deputy City Attorney^ - 2 -- Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me Here Msert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(^) is/ate subscribed to the within instrument and acknowledged to rne that he/sfae/tfrey executed the same in his/ljer/fl>eir authorized capacity(i^s), and that by his/tier/trtplr signature(^) on the instrument the person(»), or the entity upon behalf of which the personf^f acted, executed the instrument. ,-> .-,«»^> OFFICIAL SEAL | • ,T/^®c!p|a^p f/ SMN DifctfU-v^V^y "• -ifXMY OOMM. B<tJ. NOv. 21, /-v.iC Place Notary Seal Above I certify under PENALTY^ of the State of Califorj; true and correct. WITNESS my Signature OPTIONAL PERJURY under the laws ie foregoing paragraph is I seal. ignature/CT Notary Public \ \.Though the information below is not required by law, it may prove valuable to perspn\relying^on the document and could prevent fraudulent removal and reattachment of this form : Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 300 Carlsbad Village Dr. 108a #205 Carlsbad, CA 92008 (760)519-1291 Lie. #878250 Date: 08/29/10 Proposal Scout House Holiday Park Preparation Scrape and Sand-Loose paint on trim, wood siding and windows will be scraped & sanded to create a light bond. Loose paint chips will be cleaned up. StllCCO patch- We will scrape away peeling and bubbling stucco. We will stucco patch the areas that where scraped as well as any cracks and holes in the stucco. Primer- We will spot prime the trim and wood siding where we scraped and sanded using 1 coat of Zinnser Cover Stain oil-base stain blocking primer and bond coat. We will spot prime the stucco patched areas using 1 coat of 100% acrylic exterior primer. Caulking- We will caulk open joints on trim, windows, and fascia boards, using Dunn Edwards 45yr acrylic caulk plus silicone. We will caulk any cracks, seams, and joints in the wood siding using Dunn Edwards 45yr acrylic caulk plus silicone. 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 StUCCO, Wood Siding, & Eves- We will paint the stucco, wood siding, & eves using 2 coats of Dunn Edwards Acri-Flat 100% acrylic flat exterior paint. Fascia Boards & Trim- We will paint the fascia boards and trim using 2 coats of Dunn Edwards Acri-Flat 100% acrylic flat exterior paint. Doors- We will paint the exterior doors and door jambs using 2 coats of Dunn Edwards Evershield 100% acrylic semi-gloss enamel. This Proposal Includes: Labor & Materials Price: $4,959.00