The URL can be used to link to this page

Home My WebLink AboutWIND AND SHADE SCREENS INC; 2012-02-28; PKRC512PUBLIC WORKS LETTER OF AGREEMENT Fabricate and Install New Windscreen at Calavera Hills Community Park (PKRC512) 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 to fabricate and install new windscreen around tennis courts at Calavera Hills Community Park, perthe Contractor's proposal dated January 24, 2012 and City specificatjons, for a sum not to exceed Three Thousand Three Hundred Sixty-four dollars and fifty-four cents ($3,364.54). 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 ofthe 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 thiB 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 Califomia 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 shail 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. 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 126^0 et seq.. and Carlsbad Municipal Code Sections 3.32.025, et sea. /^Z. init init The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for tl]? City of Cartsbad to disqualify the Contractor from participating in contract bidding. rL, init init 7. 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. // // // // // // Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Rodney Nishimoto Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Wind & Shade Screens. Inc. (Name of Contractor) (Sign Here) (E-mail Address) (Sign Here) (E-mail Address) (Contractor's License Number) (Print Name and Title) - V-T (Print Name and Title) rtment 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. Othenwise, 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: 3 -Revised 9/28/00 ai/24/2012 ea:81 7607614998 WINDANDSHAF WIND 8i SHADE SCREENS INC. Stnd to: OTY OF GMtUSBAO Attjention: ROTNCY NISHIMOnPO OfBce Location: Fax NumtHwr: (7«0) 434-7185 From: RMJLL£A1>»1 Offloe Location: SAM t MCOS PhoneNumben 800 ^ 0588 Hijtrbmr cf Pages, Xnclt|cllng Cover t RE HEW .J URGBfirr U REPLY ASAP O PUEA$B CXSMMSNnr Q MJBASE I COMMSNTS: FASRIC REPLACB^IiSrn'RmTBWIS COUirrS AT OUAVBM a3MMUf4rY PAftC JO& DeSCRiPnON: TO FABRICATE Ar40 irWALl NEW CLOSED MESH GR AROUND THe PERIMETER OF TWO TENN»S COURTS. OLD SCREENS SHALI|B6 CUT DOWN ANC FABRIC: $1965.60 TAX:$!5Z34 INST ALIA HON AND CUTDOWN: *1246.60 PLEASE CALL wrrH ANY QUESTIONS ROONEY. PAUL LEATHEM Al v**onm numbar 70O~T9tJUm^i | Wot immhmr 7*0-791 499a EN POLYPROPYLENE WINDSCREEN PAGE 31 a RSft YO m INFOWMATIOH REMOVED. BEST COPY