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HomeMy WebLinkAboutNissho of California Inc; 2017-06-15; PKRC629Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT IRRIGATION RETROFIT IN MEDIAN PLANTERS: CONTRACT PKRC629 This letter will serve as an agreement between Nissho of California, Inc., a landscape company (Contractor} and the City of Carlsbad (City}. The Contractor will provide all equipment, material and labor necessary to install Techline-RW Drip/Micro irrigation in four median planters along Palomar Airport Road, per the Contractor's proposal dated January 19, 2017 and City specifications, for a sum not to exceed one thousand five hundred sixty-four dollars and fifty-nine cents ($1,564.59}. This work is to be completed within ten 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, officials, employees and volunteers, 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 one million dollars ($1,000,000} each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X•; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 su 1ect to civil penalties for the filing of false claims as set forth in the California False Claims Act, G ent Code~ 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. init -~"-.-init i 6. The Contractor hereby acknowledges that debarment by another jurisdiction · unds f~ity of Carlsbad to disqualify the Contractor from participating in contract bidding. init ~ init 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. IRRIGATION RETROFIT IN MEDIAN PLANTERS: CONTRACT PKRC629 --1 -City Attorney Approved 2/29/2016 Tracking#: 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. Contractor 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 work covered by this Letter of Agreement Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Morgan Rockdale. 760-434-2985 Contractor Contact: Tom Baird. 760-727-9719 Ext 142 CONTRACTOR Nissho of California, Inc. 1902 South Santa Fe Avenue Vista, CA 92083 760-727-9719 tbaird@nisshoca.com By: yf (sign here) -;;/V"I :/?«?.,c-rL rk Q '7?cs<de.n f (print name/title) By: ~I(i~ (s1gn here) C'e c t Lq lJ o l(£'fua . .!3ac rrtzrrLj. (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistan c· er, Deputy City Manager or Department Director as authorized by the City Manager Dated: All-~ee attached Calltomia urpose AcknoWledgment (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: CELIA A. BREWER, City Attorney BY: Deputy City Attorney IRRIGATION RETROFIT IN MEDIAN PLANTERS: CONTRACT PKRC629 --2 --City Attorney Approved 2/29/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California D' ) County of ~at') _ ( 'G(f cJ ) On ~ ,)\X)~ 9D1 "1 before me, Arnon~ hlk"L, !tJJ}'J.B,j~?;tl Qub 1,(: Date Jb Here Insert Name and Title oftheoider personally appeared ~CiYias A. Rca led and ua1H a. (), ·~ \) L . Name(s) of Signer(s) uOt £122() who proved to me on thA b8.sis of sat1sfactor; evidence to be th.a )?erso~hose nam~/~ subscribed to the within instrument and acknowledged to me that rte/~e/they executed the same in yns/r.er/their authorized capacity(ies), and that by f(iS!h~r/their signature(s) on the instrument the person(s), or ttie entity upon behalf of which the person(s) acted, executed the instrument. ~ AMANDA LUTZ J COMM #2138854 i!n NOTARY PUBLIC-CALIFORNIA :: SAN DIEGO COUNTY I My Comm Expires Jan. 1 2020 •••••••••••••••••••••• Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur ------------------~~--------OPTIONAL--------------------------------- Though this section is optional, completing this information 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: -------,---------------------- DocumentDate: ___________________ NumberofPages: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2015 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, Gallfomla 92083 Phone 760.727.9719 Fax 760.727.8706 Ucense WORK ORDER C.O.C. Medians City of Carlsbad pi'Oj8Ci Name 760-802-8811 Client Name Tom Sanche% cllii'itPiloileJ Authorized by (Print) tcmlwshezflsp"""tf.pey email AuthOriZed by (Sign) Date DETAILED DESCRIPTION OF WORK TO BE PERFORMED HaiES~~'TURESBaOW AR~HAVE Nlssho Internal Only (Maintenance Depar1nlent) Daniel Flnlan . Project Manager (Print) Sales Rep Approval (Sign) REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVaOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California RepresenlaUve Client Representative Daniel Finlan Print Prlnl - Sign VL t \ \J A\;;' 1M9/2017 Date