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HomeMy WebLinkAboutPBA LTD; 2010-09-13; PWL11-03UTILPWL11-03UTIL PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between PBA, LTD., a general Class A (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to raise a storm drain catch basin to grade and reuse a cast iron ring and cover in a 10' drainage easement located between 2428 and 2426 Bagajoz Place, per the Contractor's proposal dated July 19, 2010 and City specifications, for a sum not to exceed one thousand eight hundred fifty dollars ($) 1,850.00. This work is to be completed within 2 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 thte 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 Carlsbad Municipal Code Sections 3.32.025, elseg. & init K^ 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, fir init Revised 9/28/00 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Sherri Howard Utilities 1635 Faraday Avenue Carlsbad, CA 92008 (Project Mgr) (Department) (Address) (Name of Contractor) (Contractor's License Number) By: (Sign Here) (Print Name and Title) (E-mail Address) /]/ By: (Print Name and Title Lk 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: RONALD R. BALL, City Attorney BY:-De'puty"City Attorney - 2 - Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On i -\S ~~\ Date personally appeared SARAH FILES | Commission # 1847325 I Notary Public - California I Orange County 2 My Comm. Expires May 9 2013t ' • "I • " I • •*? who proved to me on the basis of satisfactory evidence to be the persort® whose nam^§) is/<£re}subscribed to the within instrument and acknowledged to me that he/she/foe^ executed the same inJtte/hel£theJ£>a.uthorized capacity^^, and that ty his/her(the|^signature(s) on the instrument the person^ or the entity upon behalf of which the person© 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 my haMand official seal. Signature OPTIONAL y/Si signature of Notary Public 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 D 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 OF SIGNER 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 Toll-Free 1 -800-876-6827 # 72010 00 GRAND AVE, STE A - 9 - CARLSBAD - CA - 9200 COMPANY: CITY OF CRALSBAD DATE: 6-22-10 TOTAL NO. OF PAGES INCLUDING COVER: ATTN: shetri PHONE NUMBER:RE: RAISE LID D URGENT D FOR REVIEW D PLEASE COMMENT D PLEASE REPLY D PLEASE RECYCLE SHERRI RAISE LID AT BAGAJOZ PLACE TOTAL CONTRACT AMOUNT 1850.00 INVOICE AMOUNT --1,850.00 THANK YOU KEVIN DOHERTY 760-801-5238 PH: 760/729-5428 FX: 760/729-7917 LICENSE # 816826