HomeMy WebLinkAboutPlanes Boats and Automobiles; 2017-03-15; PWL17-91GSPWL 17-91GS
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
INSTALLATION OF ONE GALVANIZED FENCE GATE AT SOUTH END OF GABBIANO LANE
This letter will serve as an agreement between Planes Boats & Automobiles, a limited liability company
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to install one galvanized fencing gate on top of outfall headwall located on south end of Gabbiano
Lane, per Exhibit "A" and City specifications, for a sum not to exceed one thousand three hundred eighty
five dollars ($1 ,385.00). This work is to be completed within fifteen {15) 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 subject to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Gove~ent Code sect!gns 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ~y init &.Y init
6. The Contractor hereby acknowledges that debarment by another jurisdiction i~ounds fo/(1tt).e City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ~ init "'1-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.
Installation of Galvanized Fence at
Gabbiano Pump Station - 1 -City Attorney Approved 2/29/2016
PWL17-91GS
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: Clayton Dobbs 760-434-2940
Contractor Contact: Kevin Doherty 760-729-7913 160-g'O ( -l)";A 6 ~
CONTRACTOR CITY OF CARLSBAD, a municipal corporation
PLANES, BOATS & AUTOMOBILES, of the State of California
a limited liability company
800 Grand Ave. Suite A-9
Carlsbad, CA 92008
Phone: 760-729-7913 Fax: 760-729-7913
pbalimited@gmail.com
By:
j (sign here)
Kevin Doherty I Vice President -Secretary
(print name/title)
By:
(sign here)
Ray Files I President
(print name/title)
By:
Elaine Luke ublic Works Director
as authorized by the City Manager
(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
Installation of Galvanized Fence at
Gabbiano Pump Station --2 -City Attorney Approved 2/29/2016
PWL 17-91GS
EXHIBIT "A"
SCOPE OF SERVICES
Contractor will supply all labor and materials to install one galvanized fencing gate on top of outfall headwall
located on south end of Gabbiano Lane.
taxes,
Cut in 48" wide gate. 1 5/8 gate frame with 11 gage wire
with 2 7/8 posts.
Two (2) new posts set against existing headwall. Top and
bottom 1 5/8 rail. Use existing wire fabric re-stretch and tie
off. All labor prevailing wage and DIR certified.
TOTAL*
other costs
,385.00
Installation of Galvanized Fence at
Gabbiano Pump Station -3-City Attorney Approved 2/29/2016