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Home My WebLink AboutTot Lot Pros Inc; 2016-11-08; PKRC593CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT PLAYGROUND SLIDE INSTALLATION: CONTRACT PKRC593 Tracking#: This letter will serve as an agreement between Tot Lot Pros, Inc., a playground installation contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to provide and install a new Mogul slide at Stagecoach Community Park, per the Contractor's proposal dated October 7, 2016 and City specifications, for a sum not to exceed two thousand eight hundred seventy-seven dollars and eighty-seven cents ($2,877.87). This work is to be completed within fifteen 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 "AX"; 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, Gov Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, etse. init \~ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction i::i..Ql~~ for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. it )-: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. PLAYGROUND SLIDE INSTALLATION: CONTRACT PKRC593 - 1 --City Attorney Approved 2/29/2016 Tracking#: 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: Kyle Lancaster. 760-434-2941 Contractor Contact: Travis Hurst. 909-350-9500 CONTRACTOR Tot Lot Pros, Inc. 14688 El Molino Street Fontana, CA 92335 909-350-9500 travis@totlotpros.com CITY OF CARLSBAD, a municipal corporation of the State of California By: or Department 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 BRwmey BY: ~ .iilf§iifCity Attorney 9/l._~;J~ PLAYGROUND SLIDE INSTALLATION: CONTRACT PKRC593 -2-City Attorney Approved 2/29/2016 14688 El Molino St. Fontana, CA 92335 Phone: 909-350-9500 Fax: 909-350-9502 jack@totlotpros.com www. totlotpros.com Estimate cu~tomcr City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Prr~ject Stagecoach CA Contractor Lie #967975 DIR #I 0000023 7 4 3420 Camino De Los Caches Carlsbad, CA 92009 Qt) Description I otal Provide New Mogul Slide from Warranty Purchase and provide Kids Choice square deck from Miracle ***Price includes Tax and Freight*** Installation of new Miracle pmts. 0.00 1,127.87 1,750.00 Terms: Net 30 ***Pricing Based on Prevailing Wages*** Total $2,877.87 Estimate Prepared By: TH Signature ___________ _ Print ------------Date ___ _ Please see the Tot Lot Pros Terms of Service. By contracting our services, you agree to the Tot Lot Pros Terms of Service unless othenvise noted in a separate contract. CA License #96 7975 Tot Lot Pros Terms of Service Below are the Terms of Service for all services that Tot Lot Pros offers to perform. Please refer to your estimate for types of service being performed. By contracting our services, you agree to our terms below unless otherwise noted in a separate contract. General Terms of Service: • Any/all permits and /or fees required by any governmental agency having jurisdiction are the responsibility of others unless otherwise stated. • Installation methods are based on the manufactures recommendations. • Work to be performed during normal working hours (Monday-Friday I GAM to SPM). • Tot Lot Pros maintains comprehensive insurance coverage and is available upon written request. Projects requiring specific coverage beyond Tot Lot Pro's coverage are not included in estimate unless otherwise stated. • Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to site not being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or general public emergencies. • All quotes are valid for 30 days from the date on the estimate. • Payments are due 30 days from the invoice date unless otherwise specified in a separate contract. Accounts not paid within 30 days of the date of the invoice are subject to a 1% monthly finance charge. • Estimates that specify a deposit required for the purchase of equipment, will not be ordered until payment has been received. Playground, Equipment and Shade Terms of Service: • It is assumed that there is reasonable access for tools, equipment and materials. • Unless noted different on the estimate, all spoils will be dumped and spread on-site at reasonable location. • ASTM and CPSC guidelines will be followed. Request for services that do not comply with those guidelines will result in Tot Lot Pros right to refuse installation of the equipment. • Security during the install and upon completion is the responsibility of others, unless specified otherwise. • Certified Safety Playground Inspector Audit (third party) is the responsibility of others unless otherwise specified. • Acceptance/unloading and storage of equipment is the responsibility of the others unless otherwise specified in the estimate. Surface Terms of Service: • Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler and/or water systems must be shut off 24 hours before installation and remain off for 48 hours after installation is completed. • Any changes in colors, square footage, or thickness of the surfacing, will result in changes to the price. • All colors of rubber surfacing will amber to a certain extent, some more than others, unless aliphatic binder is used. • Post installation HIC (Head Impact Criteria) test not included. • Purchaser shall be responsible for security, as needed, to prevent vandalism and/or damage of any type to the surface during the installation process, curing time, and after the installation is completed. • Any excess material at the job site upon completion is the property of Tot Lot Pros, Inc. Tot Lot Pros • 14688 El Molino St., Fontana, CA 92335 • Office: (909) 350-9500 • Fax: (909) 350-9502 www. totlotpros.com Initial: