HomeMy WebLinkAboutSequoia Roofing Inc; 2011-05-18; PEM541PUBLIC WORKS
LETTER OF AGREEMENT
PEM541
This letter will serve as an agreement between Sequoia Roofing, Inc, a roofing contractor
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material
and labor necessary to replace the roof on the garage at Pio Pico Park, per the Contractor's
proposal dated April 6, 2011 and City specifications, for a sum not to exceed Three Thousand
dollars ($)3,000.00. This work is to be completed within 30 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, etseq. _x^>i_Jnit Tj^Z--^ in it
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the Citvf Carlsbad to disqualify the Contractor from participating in contract bidding.
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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.
8. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130
supersedes 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.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Kelly Brooks
(Project Mgr)
Sequoia Roofing, Inc.
PEM, Facilities
(Department)
405 Oak Ave
(Address)
Carlsbad. CA 92008
C39 897098
(Name of Contractor)(Contractor's License Number)
By:
(Print Name and Title)
(E-mail Address)
By:
(Sign Here)(Print Name and Title)
^hln
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:
'Deputy City Attorne
Revised 9/28/00