HomeMy WebLinkAboutBOSWELL PAINTING; 2011-02-23; PEM528PUBLIC WORKS
LETTER OF AGREEMENT
Boswell Painting
PEM 528
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 stucco walls at Calavera Hills Community Center
Gym, per the Contractor's proposal dated January 24. 2011 and City specifications, for a sum not
to exceed Four-Thousand. Eight Hundred and Twenty-Nine dollars (SV4.829.00. 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
attorneys 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 Codensections IgSSO^et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. jj/£fzz=~^ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is g
City of-Carisbad to disqualify the Contractor from participating in contract bidding.
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
(Project Mgr)
PEM
(Department)
405 Oak Ave Carlsbad. CA 92008
Boswell Painting
(Address)
8782SO
(Name of Contractor)(Contractor's License Number)
By:
(Sign Here)(Print Name and Title)
(E-mailAddress)J
VJttu
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.COr-x
By:
(Sign H (Print Name and Title)
(E-mail Address-)
Department Head D£te
(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 officers) signing to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:-
Deputy City Attorney
Revised 9/28/00
300 Carlsbad Village Dr. ste. 108a #205 Carlsbad, CA 92008
(760) 519-1291
Lie. # 878250
Proposal Calaveras Park Gymnasium
Exterior Stucco Painting
Preparation
Masking: We will cover landscaping, concrete, walls, and windows as needed using
tape, paper, plastic, and drop cloths. This will prevent paint spills and splatters.
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.
Primer- We will spot prime the stains on the stucco peaks using 1 coat of Zinnser
Cover Stain oil-base stain blocking primer and bond coat.
Lifts- We will rent 1 60 ft. boom and 1 26 ft. scissor lift to reach the stucco peaks we
will be painting.
StUCCO Peaks- We will paint the stucco peaks around the gymnasium using 2 coats
of Frazee,s Duratec 100% acrylic flat exterior paint.
This proposal includes: labor and materials.
Price: $ 4,829.00