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HomeMy WebLinkAboutBonsall Construction Services; 2009-04-13;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Bonsall Construction Services, Inc., a California Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install five (5) footings in grass area in front of building and at the Cole library for art pieces and sign footing, per the Contractor's proposal dated March 26, 2009 and City specifications, for a sum not to exceed four thousand one hundred ninety dollars ($4,190.00). This is a non-prevailing wage rate. This work is to be completed within thirty (30) working 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 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, Government Cada, sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. (U* init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding, 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 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. The contractor to whom the contract is awarded 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 contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Karen McGuire Cultural Arts 1200 Carlsbad Village Drive Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Bonsall Construction No. 753339 (Name of Contractor) (Contractor's License Number) By: (Signl+ereT' ' (Print Name and Title) (E-mail Address) (Sign Here) -^ y (Print Name and Title) (E-mail Address) Department Head Date (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: RONALDJ^BALL, City Attorney _D©ptrty"City Attorney Mar 26 09 08: lip p. 1 Boncall CoMtruction Services, Inc. SDB Certified - State of CA Small Business Certified - Minority Contractor - License #753339 March 26, 2009 Karen McGulre City of Carlsbad Curator of Exhibitions 1775 Dove Lane Carlsbad. CA 92011 RE: Artwork A. Install 5 footings In grass area In front of building and at library for art pieces and *|gn footing. (prevailing wage applies) .................................................. $4.890.00 - •-• • •••••••' • '"•"•'- •-"-"•—-:* B. install 5 footings in grass area in front of building and at library for art pieces and &ign footing (non-prevailing wage) .................... , .................................. 34.190.00 ~ «_„ »v. - ..^•~..^*»n™!^^.^^^t.,^A,:,^^^^__^^ ....... C. Set sculptures on concrete pad&. (prevailing wage applies) ................................................... $2,586.00 D. Set sculptures on concrete pads. (non-prevailing wage) ................ , ....................................... $2,186.00 1. CLEAR ACCESS to construction area must be provided 2. ALL COST for special inspections and RF1 engineering design changes will be incurred by others 3. Bonsai! UABIUTY and AUTO INSURANCE Is structured at 1 Million Dollars If additional coverage Is required, cost win be paid by others. 4. Due to the volatility of the construction market, above price i* good for 30 days. 5. Price Includes I move-on, additional move-on'a will be charged at 92,200.00 each. Exclusions; No permits, boncte or fees No underground utilities replacement or repair, including sprinklers No security services provided Proposal is binding for 30 days No landscaping, no replacement of plants or vegetation No bard dirt or rock digging Ail footing spoils to be left onsttc No other work other than listed above Prices are based on regular work hours 1M-F 8hr day) Ail staking done by others No caulking, sealants, or sealers No color or stamped concrete No concrete for thrust blocks, man holes, etc. No SWPP. dust control or street sweeping No concrete coring of any kind Shoring for backfill or safety purposeSoil pre-saturation Installation of non-template imbed items Concrete or Oypcrcte Items/products No night work or trench plates Thank you T"") — ' . . . In J& \ 1 •/*&•**• \\ \^ (** \^ Ci O^t (760)758-2499 P.O. Box 1085 Bonsall. California 92003 FAX(760)758-5434