HomeMy WebLinkAboutScott Fence; 2016-11-06; PKRC594Tracking#:
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT ~
FENCE INSTALLATION AT PIO PICO PARK: CONTRACT PKRC594
This letter will serve as an agreement between Scott Fence, a fencing contractor (Contractor) and the City
of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install a fence
at Pio Pico Park, per the Contractor's proposal dated August 19, 2016 and City specifications, for a sum
not to exceed two thousand one hundred and seventy dollars ($2, 170.00). This work is to be completed
within 5 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, Gov~ent 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 jurisdictio!};\!? grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ~/<A in it 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.
FENCE INSTALLATION AT PIO PICO PARK
CONTRACT PKRC594 --1 --City Attorney Approved 2/29/2016
Tracking#:
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: Kyle Lancaster, 760-434-2941
Contractor Contact: Deborah Heintschel. 760-598-0070
CONTRACTOR
Scott Fence
1255 Distribution Way
Vista, CA 92081
760-598-0070
scottfencewefence@yahoo.com
By:
(sign here)
Ke~~ J .5'~ o r t:
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
i anager, Deputy City Manager
or Department Director
as authorized by the City Manager
Dated:
(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~ eputy6tYAttOffl
FENCE INSTALLATION AT PIO PICO PARK
CONTRACT PKRC594 --2 -City Attorney Approved 2/29/2016
PROPOSAl SUBMI1TEO TO
City of Carlsbad/Cynthia Kearney
1220 Knowles Ave. carlsbad CA
124LF of 6' Tall Board oo Board Cedar Wood Fencing
S3s.oo per LF =$4,340.00
Fence to be split 50/50 With City of Carlsbad and Cvnthia Keamey
,J1A I { 1) ( ,·f;S w c.a.A~~ t y Yl lc...IAa~ . I f}.:J
8/19/2016
Authorized
Signature
e-A, (7-611
7 ~0 <f3t J..tJ57
Jon Holton
Note: This proposal may be withdrawn by l
if not accepted within
Signature ~2-. ~ ,
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Signature