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HomeMy WebLinkAboutL.C. Paving and Sealing Inc; 2019-10-15; PWL20-867TRANTRACKING # PWL20-867TRAN Stagecoach Park ADA Curb Ramp Installation ; Contract No. 6052 - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT STAGECOACH PARK ADA CURB RAMP INSTALLATION: CONTRACT 6052 This letter will serve as an agreement between L.C. Paving & Sealing, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to Install an ADA Curb Ramp at Stagecoach Park, per Exhibit A and City specifications, for a sum not to exceed three thousand nine hundred thirty four dollars ($3,934). This work is to be completed within ten (10) 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: 969185E4-6A26-4CE7-A604-E5B72E2DB22B TRACKING # PWL20-867TRAN Stagecoach Park ADA Curb Ramp Installation ; Contract No. 6052 - 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: Emad Elias, 760-602-7558 Contractor Contact: Nick Haas, 760-752-1743 ext.106 CONTRACTOR L.C. Paving & Sealing, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 620 Alpine Way Escondido, CA 92029 P: 760-752-1743 ext.106 nick@lcpaving.com By: By: (sign here) Jose A. Salinas, 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: Deputy City Attorney DocuSign Envelope ID: 969185E4-6A26-4CE7-A604-E5B72E2DB22B October 15, 2019 ADA CURB RAMP INSTALLATION AT STAGECOACH PARK; CONT. NO. 6052 Page 3 of 3 City Attorney Approved 9/27/16 EXHIBIT A Stagecoach Park ADA Curb Ramp Installation All work to be done in compliance with the City of Carlsbad Engineering Standards, 2016 Edition, and the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards. SCOPE OF WORK AND FEE DESCRIPTION PRICE Demo existing asphalt, sidewalk and curb & gutter, and install new ADA compliant curb ramp at Stagecoach Park lower parking lot. $3,934 TOTAL $3,934 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 969185E4-6A26-4CE7-A604-E5B72E2DB22B