HomeMy WebLinkAboutPlanes, Boats and Automobiles; 2016-08-31; PWL17-19GSPWL17-19GS
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
OUTFALL FENCE REPAIR AT LA COSTA AVENUE & EL CAMINO REAL
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 equipmen~ material and labor
necessary to remove all of the rusted posts, replace all posts with new hot-dipped galvanized posts and
install utilizing the existing top rails and fence fabric located at the Northwest corner of La Costa Avenue
and El Camino Real, per the Contractor's proposal dated July 26, 2016 and City specifications, for a sum
not to exceed four thousand eight hundred seventy five dollars ($4,875}. 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, 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 Besfs 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, Government Code settW 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, ~-in it Z l in it
6. The Contractor hereby acknowledges that deb~~me~t b~ another ju~isd_iction is grou~~s for ~Ci_ty_ of
Carlsbad to disqualify the Contractor from part1c1patmg 1n contract b1ddmg. 1n1t ~< \J ~ 1mt c;::>
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.
OUTFALL FENCE REPAIR AT LA COSTA
AVEANDECR - 1 -City Attorney Approved 212912016
PWL17-19GS
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 760-434-2980
Contractor Contact Kevin Doherty 760-801-5238
CONTRACTOR
PLANES, BOATS & AUTOMOBILES, 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:
Kevin Doherty I Vice President -Secretary
(print name/title)
By:
(sign here)
Ray Files I President
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
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
OUTFALL FENCE REPAIR AT LA COSTA
AVEANDECR -2-City Attorney Approved 212912016
Exhibit "A"
LTD
TO: FROM:
Clayton -Dan -Eric KEVIN DOHERTY 760.801.5238
COMPANY: DATE:
City ofC-Bad 7-26-16
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
PHONE NUMBER: RE:
N/W corner of La Costa Ave
NOTES/COMMENTS:
PROPOSAL
SITE: N/W corner of La Costa A venue & El Camino Real. 200 yards west of El
Camino Real on bridge.
SCOPE: Remove the rest of rusted posts. Replace with new HD galv posts
and erect existing top rail & fence fabric. No traffic control is included.
TOTAL LABOR & MATERIALS = $4,875.00
IJJianfl 'You,
'Kevin CDolierty
<FB}l, Ltd.
760.801.5238
800 GRAND AVE, STE A-9 -CARLSBAD -CA -92008
PH: 760/729-7913 FX: 760/729-7913
LICENSE# 816826