HomeMy WebLinkAboutVortex Industries Inc; 2009-12-29; PWGS476PUBLIC WORKS
LETTER OF AGREEMENT
PWGS476
This letter will serve as an agreement between VORTEX INDUSTRIES INC a Corporation (Contractor) and the
City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete
project number PWGS476 for REPAIRS & SAFETY UPGRADES OF 6 DOORS AT FLEET MAINTENANCE.
per the Contractor's proposal dated October 22. 2009 and City specifications, for a sum not to exceed TWO
THOUSAND EIGHT HUNDRED FIFTY-TWO dollars and SIXTY cents ($2.852.60). This work is to commence
upon issuance of a Purchase Order and is to be completed within thirty (30) calendar days thereafter.
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 sea. 3 /3 init 6>2_._ 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. ?3O init /?? 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
- 1 - Revised 9/28/00
or her in the execution of the contract.
9. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the
completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality
Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban
Runoff Management Plan (JURMP) incorporated herein by reference.
10. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND
RETURN TO:
Heidi Versteeg
(Project Mgr)
Facilities Maintenance
(Department)
Vortex Industries Inc
(Name of Contractor)
By:
405 Oak Av Carlsbad. CA 92008
(Address)
D28/C17 287885
(Contractor's License Number)
^I >.) iZ.i
(Sign Here)7 (Print Name and Title)
(E-mail Address)
By:
"(Print Name and TitleJ
Department Head Date
(Proper notarial acknowledgment of execution by Contractor must be attached.
: must signChairman, president or vice-president and •«"rr.t^ryj ^^\^^^ eQ^,T^?ry gp^> nf nmoirtant tfooc
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:
Revised 9/28/00