HomeMy WebLinkAboutPlanes, Boats and Automobiles; 2017-03-29; PWL17-106GSCITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
APPIAN ROAD SLOTTED DRAIN REPAIR
PWL17-106GS
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 repair broken slotted drain grate on Appian Road, per the Contractor's proposal dated March
16, 2017 and City specifications, for a sum not to exceed two thousand six hundred fifty dollars ($2,650).
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 tess 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, Go~ent Code sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ~ init /!"Lt.' init I
6. The Contractor hereby acknowledges that debarment by another jurisdictio'"! i)r9\ounds ff!'e 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.
Appian Road Slotted Drain Repair - 1 -City Attorney Approved 2/29/2016
PWL17 -106GS
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: Eric Martinez 760-438-2980
Contractor Contact: Kevin Doherty. 760-729-7913
CONTRACTOR
PLANES, BOAT & AUTOMOBILE, a limited
liability company
800 Grand Ave STE A-9
Carlsbad, California 92008
P: 760-729-7913
F: 760-729-7913
pbalimited@gmail.com
By:
By:
(sign here)
Ra'1 E:1~s 'g&s
CITY OF CARLSBAD,
a municipal corporation of the State of California
By:
Elaine Lukey I c 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
Appian Road Slotted Drain Repair -2-City Attorney Approved 2/29/2016
TO:
CLAYTON-DAN-ERIC
COMPA."'Y:
City ofC-Bad
LTD
PIIPOSil
FROM:
KEVIN DOHERTY
DATE:
3-16-17
760.801.5238
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
PHONE NUMBER: RE:
RE: Appain St West Side
NOTES/COMMENTS:
SCOPE: Repair broken lid at slot drain west side Appain Street
-Demo fractured concrete
-Form under lid for repair
-Dowel & epoxy in rebar reinforcement for new lid area
-All labor prevailing wage & DIR reporting
TOTAL LABOR & MATERIALS = $ 2,650.00
'Ifian~ ct"ou,
'l(eWin C[)olierty
(RB)l, Lttf
800 GRAND AVE, STE A-9 -CARLSBAD -CA -92008
PH: 760/729-7913 FX: 760/729-7913
LICENSE# 816826