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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
EXTERIOR PAINTING OF SCOUT AND KRUGER HOUSE AT HOLIDAY PARK
CONTRACT NO. 47091
This agreement is made on the /9^-^ day of //^-^A/ / , 2015, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called^City"), and Boswell Painting, a licensed
painting contractor whose principal place of business is 300 Carlsbad Village Drive, Suite 108, 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 Specifications, 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 conflict,
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 Carisbad
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).
WAGE RATES. 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 Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
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 execution of the contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the
Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair
Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and
4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the peri'ormance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
EXTERIOR PAINTING OF SCOUT AND Page 1 of 6 City Attorney Approved 3/6/15
KRUGER HOUSE AT HOLIDAY PARK;
CONTRACT NO. 47091
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FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to ttie City must be asserted
as part of the contract process as set forth in this agreement and not in antidpatlon 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 daim 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.
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 debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding.
Signature:
Print Name: [^evA |^r:> g^l )j5-€^ W
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 Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of ttie contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
$1,000,000
Property damage insurance in an amount of not less than $1,000,000
Automobile Liability Insurance in the amount of $1,000,000 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.
Tne 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.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Wori<ers' Compensation limits as
required by the Califomia Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless flie City, and its officers and employees, from ail claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
of the Contract or wori<; 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,
EXTERIOR PAINTINe OF SCOUT ANO Page 2 of 6 City Attomey Approved 3/6/15
KRUGER HOUSE AT HOLIDAY PARK-
CONTRACT NO. 47091
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damages, injury and liability, howreoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, excapt for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense indude 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 ttie parties arising out of this agreement Is San Diego County,
California.
Stan WOTK: uontractor agrees to start witntn ten (iu) worKing days after receipt or Notice to proceea.
Completion; Contractor agrees to complete work within sixty (60) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
BOSWELL PAINTING
(name of Contractor)
878250
(Contractor's license number)
C33-11/30/2016
(license dass. and exp. date)
300 CARLSBAD VILLAGE DRIVE, SUITE 108
(street address)
CARLSBAD, CA 92008
(dty/state/zip)
760-519-1291
(telephone no.)
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(fax no.)
boswell.painting@Yahoo.com
(e-mail address)
EXTERIOR PAINTING OF SCOUT AND
KRUGER HOUSE AT HOLIDAY PARK;
CONTRACT NO. 47091
Page 3 of 6 City Attorney Approved 3/6/15
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AUTHORITY. The individuals executing ttiis Agreement and the instruments referenced in it on ijehait of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
BOSWELL PAINTING, INC., a CaHfornia
corporation
By:
CITY OF CARLSBAD, a munidpal corporation
of the State of California
(sign here)
Ken Boswell / President
Patrick A. Thom^V Pliblic Works Director
as authorized by the City Manager
(sign here)
Ken Boswell / Secretary
(print name/titte)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation. Agreement must be signed by one corporate officer from each of the following two groups:
Chairman,
President, or
Vice-President
varoup a
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
utnerwtse, me ccMporanon must anacn a resolution certinea tne secretary or assisiara secretary unoer
corporate seal empowering ttie offlcer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City AJtoi
Assistant City Attorney
EXTERIOR PAINTING OF SCOUT AND
KRUGER HOUSE AT HOLIDAY PARK;
CONTRACT NO. 47091
Page 4 of 6 City Attwney Approved 3/6/15
f VV IVIJLD-/ OK t tVJ
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set fcKlh below is the full name and tocation of the place of business of each sut)-contractor whom the
Contractor proposes to subcontract porttons of ttie Project in excess of one-half of one percent of ttie 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 ttie Project
to be performed under ttie contract in excess of one^ialf of one pement of the bid, flie contractor
shall be deemed to have agreed to perform such porHon, and ttiat the Contractor shall not be
permitted to sublet or sutxxmtract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writtng as a public record of the Awarding
Authority, setting forth the facts constituttng the emergency or necessity in accordance with the
provisions of the Subletting and Suticontracting Fair Practices Act (Section 4100 et seq. of the
Califomia Public Contract Code).
It iiu sHJDconiractors are lo oe empioyea on ine project, eriter ir@ WCTO "NOnt.'
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
NONE
Total % Subcontracted:
EXTERIOR PAINTING OF SCOUT AND KRUGER HOUSE AT HOLIDAY PARK;
CONTRACT NO. 47091
Page 5 of 6 City Attprney Approve 3/6/15
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EXHIBIT B
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1
Exterior painting of Scout and Kruger House at Holiday Park -
Chestnut Street and Pio Pico
$7,100.00
TOTAL* $7,100.00
*lncludes taxes, fees, expenses and all other costs.
Scope of Work:
Preparation:
• Pressure Wash- Low Pressure power washing all stucco, trim, and eves. Will remove dirt and chalky
paint to promote adhesion.
• Scrape and Sand- Loose Paint on the fascia boards, windows, and trim will be scraped and sanded to
promote bonding. All debris will be cleaned up. Caulking
• Wood Patching- Patch wood rot and termite damage using Bondo and Fix-It-All.
• Stucco Patching-Patch cracks and holes in stucco utilizing a stucco mix.
• Stucco Primer- Spot prime the areas that were patched with new stucco using one (1) coat of Frazee's
Prime Plus 100% Acrylic exterior primer.
• Wood Primer-Spot prime raw wood using one (1) coat of Frazee's Prime Plus 100% Acrylic exterior
primer.
• Masking- Cover landscaping, concrete, walls and windows to protect from spills and splatters using
tape, paper, plastic, and drop clothes.
• Clean Up- Each site will be cleaned on a continuous basis. The contractor will not leave the site each
day until all of trash, debris, paint, and empty paint cans/buckets are removed.
• City representative will inspect all prep work for the exterior painting. Contractor agrees to complete re-
work at the direction of the City representative until the City clears the Contractor to move on to the
next phase of the work.
Exterior Painting:
• Stucco, Wood Siding & Eves- Paint each of the listed surfaces with two (2) coats of Frazee's Duratec
100% Acrylic flat exterior paint.
• Trim & Fascia Boards- Paint each of the listed surfaces with two (2) coats of Frazee's Duratec 100%
Acrylic flat exterior paint.
• Doors, Door Jambs, and Window Frames- Paint each surface with two (2) coats of Frazee's Arothane
urethane modified semi-gloss enamel.
Contractor will not start work without a written notice to proceed from the City Representative.
Contractor will provide a mock up on each of the various surfaces.
The existing colors of the facilities will be matched by the contractor.
Total Price $7,100
EXTERIOR PAINTING OF SCOUT AND
KRUGER HOUSE AT HOLIDAY PARK;
CONTRACT NO. 47091
Page 6 of 6 City Attorney Approved 3/6/15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other offrcer completing tfiis certificate verifies only the identity of ttie individual who sianed the
document to which ttils certificate Is attached, and not ttie truttifiilness, accuracy, or validity of ttiat document
State of Califomia
County of "Sgn tStc^c^
)
On ^7-)S before me "^^S^ P^irVl . A^^, fiVf,
Date
personally appeared Ken ^nSnreJl
Here Insert Name and We Officer
Namf(^ of Signef^
who proved to me on the basis of satisfactory evidence to be the peraon(sJ whose namei^ is/are-
subscribed to the within instalment and acknowledged to me that he/sheAhw-executed thJsame in
hi^WHwTMuttionze^ capacityfi^), and that bv his/heiyih«r«gnature(^ on the instmment the person(^r
or the entity upon behalf of which the person^) acted, executed the instmment. ^
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia tfiat the foregoing paragraph
is true and con-ect. 1 OFFICIAL SEAL TESSA PATTI g
NOTARY PUBLIC-CALIFORNIAS
COMM. NO. 20923^ SAN DIEGO COUNTY | MY COMM. EXP. DEC. 5.2018 I
WITNESS my hand and official seal.
Signature.
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optionsJ, completing this infonnation can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
CapacHy(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Partner - • Limited • General
• Individual • Attomey in Fact
• Trustee • Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Name:
• Corporate Officer - Title(s):
• Partner - QUmited •General
• Individual • Attomey in Fact
• Trustee • Guardian or Conservator
• Other
Signer Is Representing:
Item #5907