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HomeMy WebLinkAboutPLANES BOATS AND AUTOMOBILES LTD; 2010-11-22;PUBLIC WORKS LETTER OF AGREEMENT Planes, Boats and Automobiles This letter will serve as an agreement between Planes, Boats and Automobiles, LTD., a General Engineering (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to perform emergency repairs on a 2 inch main water line located at the Buena Vista Lift Station 2140 Jefferson Street, per the Contractor's oral proposal dated 9/21/2010 and City specifications, for a sum not to exceed Eighteen Hundred Fifty dollars ($)1,850.00. This work is to be completed within one [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 Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Xffi/ init ftp 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 KD init - 1 - Revised 9/28/00 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: ClayDobbs Utilities 5950 ECR Carlsbad. CA 92008 (Project Mgr) (Department) (Address) PBA, LTD. - Planes, Boats and Automobiles, LTD #816826 (Name of Contractor) (Contractor's License Number) By: (Sign Here) (Print Name and Title) a. VfiH^0 (E-mail Address) \/P (Print Name and Title/ (I 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 Deputy City Attorney \ - 2 - Revised 9/28/00 PBA LIMITED INV # 929110 TO: FROM: CLAYTON DOBBS KEVIN D COMPANY: DATE: CITY OF CARLSBAD 9-29-10 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: RE: 760-802-4773 Emergency WATER REPAIR NOTES/COMMENTS: SITE ADDRESS: CORNER MARRON RD And JEFFERSON AT DUCK POND PBA LTD MADE EMERGENCY REPAIR TO A 2—INCH SCH 80 WATER MAIN GOING TO THE SEWER PLANT TOTAL COST 1850.00 TOTAL DUE THIS INVOICE—1,850.00 THANK YOU KEVIN DOHERTY 760-801-5238 800 GRAND AVE, STE A-9 - CARLSBAD - CA - 92008 PH: 760/729-5428 FX: 760/729-7917 LICENSE # 816826