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Home My WebLink AboutStoneface Inc; 2016-07-21; PWL16-76TRANCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Carlsbad Boulevard Roundabout Boulder Repair PWL 16-76TRAN This letter will serve as an agreement between Stoneface Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace portions of the damaged boulders within the roundabout at Carlsbad Boulevard and State Street per the Contractor's proposal (Exhibit "A") dated March 3, 2016 and City specifications, for a sum not to exceed four thousand seven hundred eighty-five dollars ($4,785.00). This work is to be completed within (20) twenty calendar 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, Go:;z:ent Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. . init init 6. The Contractor hereby acknowledges that debarment by another jurisdictio~;nds 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. CARLSBAD BOULEVARD ROUNDABOUT BOULDER REPAIR --1 --City Attorney Approved 2/29/2016 06/21/2016 16:24 Page 3/3 PWL 16-76TRAN 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: Tony Ulloa, 760-434-2980 Contractor Contact: Mark Allen 949-370-9880 CONTRACTOR STONEFACE, INC, a California corporation 33208 Paseo Cerveza, Suite G San Juan Capistrano, CA 92675 949-481-4498 p 949-481-4499 f (print name/title) By (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Dated: / .,( v 1z::1 :c; • e (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 CARLSBAD BOULEVARD ROUNDABOUT BOULDER REPAIR ~=tt Maricopa County, Arizona ,. My Comm. Expires 05-11-19 r --2-City Attorney Approved 212912016 Authorizing Resolution and Incumbency Certificate The undersigned certifies that STONEFACE, INC. is a California corporation (the "Company") and the undersigned Secretary certifies that the following is a true copy of resolutions (the "Resolution") adopted pursuant to, and in compliance with, its organizational documents and applicable law, which adoption occurred on a date which is on or before the date of this certificate. The Resolution now stands of record on the books ofSTONEFACE, INC. in full force and effect and has not been modified or revoked in any manner whatsoever. RESOLVED, that the President ofSTONEFACE, INC., holding the title set forth below, is the authorized signatory as verified by this incumbe cy certificate and is authorized as follows: 1. MARK ALLEN, President an. RESOLVED, that the President of the Company has the authority, on behalf of the Company, to execute any contract, lease, loan document, mortgage, waiver or any other agreement on behalf of the Company and the execution of any such obligation by the Managing member on behalf of the Company shall constitute the ratification of the terms and conditions thereof by the Company. 2. Incumbency: The above-named person holds the position of President as specified above and that following their name has inscribed their actual signature. IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned have hereunto set their hands and seals this 1st day of July, 2016. I STOt~EFACE lt~C. 33208 Paseo Cerveza Ste. G San Juan Capistrano, CA 92675 T: 949-481-4498 F: 949-481-4499 Name I Address City of Carlsbad Attn: John Maashoff john.maashoff@carlsbad.gov Rock Repair Description Remove broken rock and replace in two areas of the project. Thank you for allowing Stoneface to present this proposal for your project. We are absolutely committed to ensuring that our customers are completely satisfied with our product and service. Mark Allen 949-370-9880 Estimate Date Estimate # 3/3/2016 16-011 Exhibit "A" Project City of Carlsbad Total 4,785.00 Total $4,785.00