HomeMy WebLinkAboutWind and Shade Screens Inc; 2021-01-25; PWL21-1358FACPWL21-1358FAC
Monroe Pool Fence Windscreen Replacement -1 -City Attorney Approved 2/29/2016
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Monroe Pool Fence Windscreen Replacement
This letter will serve as an agreement between Wind and Shade Screens, Inc., a California corporation
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to remove and replace fence windscreen, per Exhibit A, B and City specifications, for a sum not
to exceed two thousand seven hundred forty-seven dollars and thirty-seven cents ($2,747.37). This work
is to be completed within sixty (60) working 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, officials, employees, and volunteers 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 one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or
the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits
available to the named insured shall also be available and applicable to the City as an additional
insured. Insurance is to be placed with California admitted insurers that have a current Best’s Key
Rating of not less than “A-:VII”,; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least
“A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners
(NAIC) latest quarterly listings report. 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. __________ init __________ 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 _______ 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.
DocuSign Envelope ID: D1B70E5A-CC4A-439B-AFB7-A8A70899BDF7
PWL21-1358FAC
Monroe Pool Fence Windscreen Replacement - 2 - City Attorney Approved 2/29/2016
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. Contractor 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 work covered by this Letter of Agreement. Contractor and any subcontractors shall
comply with Section 1776 of the California Labor Code, which generally requires keeping accurate
payroll records, verifying and certifying payroll records, and making them available for inspection.
Contractor shall require any subcontractors to comply with Section 1776.
9. City Contact: Brian Bacardi, 7360-434-2944
Contractor Contact: Paul Leathem, 760-761-4994
CONTRACTOR Wind and Shade Screens, Inc., a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
1223 Linda Vista Dr. San Marcos, CA 92078
P: 760-761-4994 F: N/A
wnnshd@aol.com
By: By:
(sign here) Paul Gerard Leatham, President & CFO
Paz Gomez,, Deputy City Manager, Public Works, as authorized by the City Manager
(print name/title)
By: Dated:
(sign here)
(print name/title)
(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:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
DocuSign Envelope ID: D1B70E5A-CC4A-439B-AFB7-A8A70899BDF7
January 25, 2021
PWL21-1358FAC
Monroe Pool Fence Windscreen Replacement -3 -City Attorney Approved 2/29/2016
EXHIBIT A
Monroe Pool Fence Windscreen Replacement
SCOPE OF WORK AND FEE
Contractor to provide all materials, tools and labor to remove and replace approximately 150 lineal feet of
7’6” tall chain-link fence blue windscreen at the Monroe Street Pool located at 3401 Monroe Street,
Carlsbad, CA 92008. All work to be consistent with the contractor’s proposal dated December 14, 2020
and is attached to this agreement as Exhibit B.
**Additional Notes**
-Labor costs include prevailing wage rate.
-Contractor to haul away and dispose of removed windscreen and leave the work site
in a clean and craftsman like manner.
DESCRIPTION PRICE
Remove and replace existing chain-link fence windscreen. $2,747.37
TOTAL* $2,747.37
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: D1B70E5A-CC4A-439B-AFB7-A8A70899BDF7
PWL21-1358FAC
Monroe Pool Fence Windscreen Replacement - 4 -
EXHIBIT B
DocuSign Envelope ID: D1B70E5A-CC4A-439B-AFB7-A8A70899BDF7