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HomeMy WebLinkAboutPatterson Brothers Lighting Inc; 2017-04-05; PWL17-86GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT STREETLIGHT INFRASTRUCTURE REPAIR PWL 17-86GS This letter will serve as an agreement between Patterson Brothers Lighting, a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to troubleshoot and repair underground electrical wire for streetlights near the intersection of Levante Street and Cima Court, Carlsbad, CA, per Exhibit "A" and City specifications, for a sum not to exceed four thousand eight hundred eighty dollars ($4,880). This work is to be completed within 15 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, 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 bibject to civil penalties for the filing offalse claims as set forth in the California False Claims Act, Gov ment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. init init 6. The Contractor hereby acknowledges that debannent by another jurisdiction ~rounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. in it in it 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. Streetlight Infrastructure Repair at Levante St. and Cima Ct. - 1 -City Attorney Approved 2/29/2016 PWL 17-86GS 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: --~C~Ia~vt~o:!.!n..!:D:..:.o~b~bs::...7!...:6~0~-4~3~4w-2::.::9:..:.8~0/T~o!.!.m:...:S~u::.:=gL::Ig...:.7~6:o..0-..:::8...:.45"'--6=900:<...!.1 Contractor Contact: Kyle Patterson 619-390-2875 CONTRACTOR PATTERSON BROTHERS LIGHTING INC., a California corporation PO Box2037 Lakeside, CA 92040 P: 619-390-2875 (sign here) ,t;;,,c ~,~~k~C '{Piiflti1ir11et¢e} By: ~ CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Luk blic Works Director as authorized by the City Manager Dated: (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 Streetlight Infrastructure Repair at Levante St. and Cima Ct. -2-City Attorney Approved 2/29/2016 PWL17-86GS EXHIBIT"A" SCOPE OF SERVICES Contractor will provide all equipment, material and labor necessary to troubleshoot and repair underground electrical wire for streetlights located near the intersection of Levante St. and Cima Ct., Carlsbad, California. This will include approximately twenty five (25) feet of trench and conduit installation behind city sidewalk and within public right of way; approximately one hundred (1 00) feet of #1 0 thw wire and all necessary splicing and installation of two No. 3 pull boxes. ITEM UNIT QTY DESCRIPTION NO. 1 LS 1 Provide all equipment, material and labor necessary to troubleshoot and repair underground electrical wire for streetlights located near the intersection of Levante St. and Cima Ct., Carlsbad, California TOTAL (Not to Exceed)* *Includes taxes, fees, expenses and all other costs. Streetlight Infrastructure Repair at Levante St. and Cima Ct. PRICE $4,880.00 $4,880.00 -3-City Attorney Approved 2129/2016