HomeMy WebLinkAboutReliabuilt Fence Company; 2015-01-14; PWL15-53PEMPWL15-53PEM
CITY OF CARLSBAD
PUBUC WORKS LETTER OF AGREEMENT
TAMARACK BEACH BATHROOM FENCE ADDITION
PROJECT NO. 45081
This letter will serve as an agreement between Reliabuilt Fence Company, a licensed fencing contractor
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to install aluminum fencing at the Tamarack Beach Bathroom, per the Contractor's proposal
dated January 14, 2015 and City specifications, for a sum not to exceed two thousand four hundred sixty
dollars ($ 2,460). This work is to be completed within five (5) 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
perfonnance of this Contract or work; or fi-om 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 Risk
Manager or the City Manager. Said polides 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 Califomia 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, Califomia 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 Califomia
False Claims Act, Government Code s^ons 12650, et seq.. and Carisbad Municipal Code Sections
3.32.025, et seq. <J^4\ init \l Cn init
The Contractor hereby acknowledges that debarment by another
Carisbad to disqualify the Contractor from participating in contract
jurisdiction \^j3taun6s ^2Llhe City of
: bidding, p-init \y-0':?init
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of
any disputes between the partiies arising out of this agreement is San Diego County, Califomia.
TAMARACK BEACH BATHROOM FENCE ADDITION - 1 - City Attorney Approved 6/18/13
PWL15-53PEM
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 Califomia Labor Code. Pursuant to Section 1773.2 of the Califomia Labor code, a
cunent 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 or her in the execution of the contract
9. City Contact: Jesse Zunke 760-434-2992
Contractor Contact: George Gutien-ez 760-295-8776
CONTRACTOR
RELIABUILT FENCE COMPANY, a general
partnership
31916 Del CieloEste#20
Bonsall, Ca 92003
Phone: 760-295-8776
Fax: 760-295-0678
reliabuiltfence27(a)vahoo.com
By:
CIPi' OF CARLSBAD, a municipal corporation
of the State of Califomia
(sign here)
George Gutierrez / Owner - Partner
(print name/title)
as authorized by the City Manager
Patrick Thomas
By:
(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 Cit/Attomey
TAMARACK BEACH BATHROOM FENCE ADDITION City Attorney Approved 6/18/13
CHANGE ORDER
Lio#948809
31916 Del Cielo Este#20
Bonsall Ca, 92003
(760) 295-8776 FAX (760) 295-0678
PROPOSAL SUBMITTED TO PHONE DATE
City of Carlsbad 760-317-3508 1-14-15
STREET JOB TYPE
Tamarack Railing Proiect Aluminum Railing
CITY, STATE and ZIP CODE JOB LOCATION
Carlsbad Ca, 92009 Carlsbad
ATTENTION: E-mail PROPOSAL* Salesperson
Jesse jesse.zunke@carlsbadca.gov 7191 George
We hereby submit spedfications and estimates for:
Installation of Roughly 16' of 40" Alumir^um Railing
Nevi/ Construction
Same as New Product we are installing
Coredrill. T Post
Try to make Radius same design as concrete if possible for material to bend
We propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: $2,460
Payment to be made as follows:
When Project is Cnmplfttft'
A* material is guaranteed to be as spedfied. All work to be completed in a worlonanlike
manr>er according to standard practk^. Any deration or deviation from at>ove
specifications involving extra i»sts will loe executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other
necessary insutance. We are not responsible for property lines or unforeseen
underground utilities, and Sprinklers. Owners Responsibilities for necessary
pennit and Association approvals.
Acceptance of Proposal — The above prices, spedfreations and
conditions are satisfactory and aie hereby accepted. You are authori2ed to do the work
as specified. Payment will be made as outlined above.
Date of Acceptance:
"Rely on us for all your Fencing Needs"
Thank you,
George Gutierrez
Licensed and Insured!
Authorized
Signature^.
Note: This proposal may be withdrawn by us
if not accepted within 30 days.
Signature;