HomeMy WebLinkAboutWIND & SHADE SCREENS INC; 2011-09-14; PKRC509PUBLIC WORKS
LETTER OF AGREEMENT
Fabricate and Install New Windscreen at La Costa Canyon Park (PKRC509)
This letter will serve as an agreement between Wind & Shade Screens, Inc., a shade screen
manufacturer (Contractor) and the City of Carlsbad (City). The Contractor will provide all
equipment, material and labor necessary to fabricate and install new closed mesh green
polypropylene windscreen at La Costa Canyon Park, per the Contractor's proposal dated May
19, 2011 and City specifications, for a sum not to exceed Four Thousand Three Hundred
Seventy-three dollars and ninety cents ($4,373.90). This work is to be completed within 35
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 employer's 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 shall be aware of and comply with California Regional Water Quality Control
Board, San Diego Region requirements.
A. Contractor shall not allow any discharges from the construction site, which may have an
adverse effect on receiving waters of the United States.
Revised 9/28/00
Contractor shall not allow any groundwater extraction water to be discharged from
construction site except in full compliance with the General Waste Discharge
Requirements for Ground Water Extraction and Similar Discharges from Construction
and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to
submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all
compliance requirements therein, including monitoring, testing, and reporting.
B. In the event of conflict between the Contract and Permit requirements, the most stringent
shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all
issuing agencies, and the Owner before project will be accepted and a Notice of
Completion filed.
C. Contractor shall, at his own expense, procure any additional permits, certificates, and
licenses required of him by law for the execution of the work. He shall comply with all
Federal, State and local laws, ordinances or rules and regulations relating to the
performance of said work.
D. The Contractor shall incorporate and comply with all applicable Best Management
Practices (BMPs) during the completion of this agreement. All work must be in
compliance with the most current 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.
E. The Contractor shall indicate in his submittals methods of compliance, equipment
utilized to insure compliance, training of staff and experience in compliance with
environmental regulations. If in the opinion of the project manager, the Contractor is not
in compliance with this provision CITY reserves the right to implement BMP's to the
maximum extent practical, and deduct payment due or back charge the Contractor for
implementation with a 15% markup for administration and overhead.
6. 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 126,50, et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. ^V , init </?/ init
7. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the City of Cadsbad to disqualify the Contractor from participating in contract bidding.
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8. 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.
9. 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.
- 2 - Revised 9/28/00
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE
BELOW AND RETURN TO:
Rodney Nishimoto Parks & Recreation 11 66 Carlsbad Village Dr. Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Wind & Shade Screens. Inc.
(Name of Contractor (Contractor's License Number)
(Print Name and Title)
(Print Name and Title)
(E-mail Address)
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 Attorney
— 3 —Revised 9/28/00
08/02/2011 ay:
WIND & SHADE SCREENS INC.
DATE; 5/19/11
Send to; CITY OF CARLSBAD
Attention: RODNEY
Office Location:
Fax Number:
PAUL LEATHER
Office Location:
Phone Number:
Number of Pages, Inc
U URGENT REPLY ASAP PLEASE COMMENT Q PLEASE RE JIBN
COMMENTS: CLOSED MESH POLYPROPYLENE FOR TENNIS COURTS
JOB DESCRIPTION: TO FABRICATE AND INSTALL NEW CLOSED MESH G
FOR LA COSTA CANYON PARK. FABRIC SHALL BE 9' TALL AND SHALL 8
TOP MIDDLE , AND BOTTOM, EXISTING FABRIC SHALL 8E CUT DOWN A
FABRIC: $2713,10
INSTALL: $1660.80
TOTAL INCLUDES FABRIC. TAX, AND INSTALLATION. /^
THANKS FOR THE OPPORTUNITY TO BID ON THIS PROJECT
iding Cover: 2
a FOR YC UR INFORMATION
POLYPROPYLEHE
ATTACHED TO THE
v|D DISPOSED OF BY
WINDSCREEN
FENCE AT THE
WIND& SHADE.
in™ .:3 V ^
Wind & Shade Screens
1225 Linda Vista Drive, San Marcos CA 92078
phone number 760-761-4994 | fax number 760-761-4998
e-mail address wnitshd@aol.oom
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
before me,H~.
personally appeared
(Here insert name and title of the officer)
A.
tM
) /
who proved to me on the basis of satisfactory evidence to be Jhe_person(s) whose name(s) is/m^ubscribed to
the within instrument and acknowledged to me that he/she/tfie^Aecuted the same in his/heT^nejpauthorized
capacity(ies), and that by his/hep*fh'ejp$ignature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
is true and correct.
WITNESS my hand and official seal.
BARBAHR «Commission # 1902240
Notary Public - California
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
4r
(Title or description of attached document)
SH£yJT
'(Title or description of attached document continued)
Number of Pages Document Date_
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (jl)
D Corporate Officer
(Title)
D Partner^)
D Attorney-in-Fact
D Trustee(s)
D Other
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Securely attach this document to the signed document
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