HomeMy WebLinkAboutEmerald Landscape Service Inc; 2013-06-06; PWL13-51TRANPWL13-51 IRAN
PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Emerald Landscape Services, Inc., a California
corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all
equipment, material and labor necessary to install type 2 rock to match existing at six locations,
per the Contractor's proposal dated May 9, 2013 and City specifications, for a sum not to
exceed four thousand three hundred sixty dollars eighty cents $4,360.80. This work is to be
completed within 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 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 Code sections 12650. et seq.. and Cartsbad
Municipal Code Sections 3.32.025, et seq. init /J^ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the City of Caftebad to disqualify the Contractor from participating in contract bidding.
init init
1 - Revised 1/30/13
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:
John Maashoff. Streets Superintendent. 405 Oak Avenue. Cartsbad. CA 92008
Emerald Landscape Services, Inc. 754049
(Name ntractor) (Contractor's License Number)
John. C. Croul. President
(Sign Here)
emerald@elsinc.biz
(Pnnt Name and Title)
(E-mail Address)
(Sign Here)
emerald(S)elsinc.biz
Pamela Mclntvre. Secretary
(Pnnt Name and Title)
(E-mail Address)
DepartmentWHead Date
(Proper notanal 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:
' Assistant City Attolrney
.. 2 -Revised 1/30/13
May 9.2013 ^SERVICES, me.
Mr. John Maashoff
City of Carisbad
Project Joint First Responder Training Center
Re: Installation of Rock
The following Is a proposal to purchase and install type 2 rock to match existing at 6 locations, see map
for location.
Material: $972.00
• 11 - Cubic Yards Rock
• 560 - Square Feet Murafi Fabric
Equipment: $1,140.00
• 3 - Skip Loader
Labor: $1,680.00
• 24 - Hrs Foreman
• 24 - Hrs Laborer
Subtotal: $3,792.00
15% P&O: $568.80
Total Cost. $4.360.80
To accept this proposal, please sign below, date and return a copy of this form to our office, at a suitable
time..
ZtfeQ.
p. No. Date
The above quote is valid for 90 days from the above date. Contractor is not responsible for damages
beyond our control, soil to be disposed at the adjacent vacant lot
Please call if you have any questions.
Res^ctfyrtjy submitted,
scape Services, Inc.
CLfCA
1041 North Kemp SI. Anaheim. GA 92801
(800) 601-4777 • (714) 844-2200 • FAX (714) 844-2275 • LIC. C27«754049
www.emeraldlandscapeservices.conr!