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HomeMy WebLinkAboutBob Turner's Crane Service Inc; 2010-02-09; PWGS 488PUBLIC WORKS LETTER OF AGREEMENT PWGS488 This letter will serve as an agreement between BOB TURNER'S CRANE SERVICE. INC. a Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete project number PWGS488 for BEACH ACCESS STAIRS CRANE SERVICE, per the Contractor's proposal dated December 9. 2009 and City specifications, for a sum not to exceed THREE THOUSAND SIX HUNDRED TWENTY-NINE dollars and NINETY-EIGHT cents ($3.629.98). This work is to commence upon issuance of a Purchase Order and is to be completed within thirty (30) calendar days thereafter. 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 and employees, 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 five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. 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^rrynent Code^j^btions 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. (At// init Ull// init 6. The Contractor hereby acknowledges that debarment by another jurisdf^^usgrourt^fo^the City of Carlsbad to disqualify the Contractor from participating in contract bidding.(x^/X/init ^f_^/_ 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. 8. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supercedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. Revised 9/28/00 ] -ORN1A ALL-PURPOSE ACKNOWLEDGMENT State of California County o' On \ Date personally appeared Name(s) of Signer(s) MARIE Q. MALAGA Commission # 1826260 Notary Public - California San Diego County My Comm. Expires Jan 7, 2013 who proved to me on the basis ojjgatisfactory evidence to be the person^Twhose namp^jjs^are subscribed to the /vvrthjn instrument and acknowledged to me that (! he/she/they executed the same ir/his/hW/their authorized cEfpacityj^esTT and that byfhj^/her/trtetrsignatuj^S) on the instrument the person^or the entity upon behalf of which the persons-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS rrw nan M'l\ Mi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General C Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 PWGS488 BEACH ACCESS STAIRS CRANE SERVICE BOB TURNER'S CRANE SERVICE INC SCOPE OF WORK 1. Provide crane and operator to lift concrete stair treads from Carlsbad Blvd and support them while City crews secure them in place. 2. Traffic control to be placed and maintained by City crews.