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HomeMy WebLinkAboutScott Fence; 2017-05-12; PKRC623Tracking#: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT GATE INSTALLATION AT ALGA NORTE DOG PARK; CONTRACT PKRC623 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 larger chain link gates to improve maintenance access to the Alga Norte Dog Park, per the Contractor's proposal dated March 28, 2017 and City specifications, for a sum not to exceed three thousand six hundred dollars ($3,600.00). This work is to be completed within 15 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 §arne 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, GoveiD'}lent Code se3!ns 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. '-:!::!. init ':1!!. init 6. The Contractor hereby acknowledges that debarment by another jurisdiction i~unds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. 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. GATE INSTALLATION AT ALGA NORTE DOG PARK CONTRACT PKRC623 -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: Tim Selke 760-434-2857 Contractor Contact: Jon Holton 760-802-4568 CONTRACTOR Scott Fence 1255 Distribution Way Vista, CA 92081 760-598-0070 scottfencewefence@yahoo.com By)~~#Jtl/f (sign here) ~IJL$J 1(6Vf :sc()IT (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City r, 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: Deputy City Attorney GATE INSTALLATION AT ALGA NORTE DOG PARK CONTRACT PKRC623 --2 -- See attached California Alt.-Purpose AcknowJedgment City Attorney Approved 2129/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal~a Q , County of _ V\ \ (J fj D On l:j } r J ,I Jo I } before me, Date personally appeared :)}J ~ I 5 0 n J. i6t ,·~+i & M l) i:L.::t:, . He~rt Name and Title of the Officer K. co+± Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above -----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached DocumW't ~ A 1 /) Title or Type of Document: _ ___.....CJ_"-'-1_:_:-;;.--d-----=-tfl_,_f_-""L:....:.. 4~---=---"-' s=--=bt-=t';___,._(J_ltJ_b_J_,=t__,Wo...=;~=--...::...Y....::..r'_S.L..-_.U~H-t: ,.__ Document Date: ------------------Number of Pages: ____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies} Claimed by Signer(s} Signer's Name:------------Signer's Name:------------ 0 Corporate Officer -Title(s): _____ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: --------------Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2015 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 S 1255 Distribution Way • Vista, CA 92081 Cott '?~ (760) 598-0070 • fax (760) 598-0098 Since 1956 CALIFORNIA IJCf:NSf C-!358191El • ! OU!Sti\NA LICENSE 15558 Ot7ioc:5: c,,i:;IMri, r:~/ifomia; l'ort Arthur, Te.<&s; B,Hon Rouge, New O!lt:ilns. taiaretcc. Lnuisi<~M; Gr.md Caym.ln, H'i:5t lndie~ PROPOSALSUBMilTEDTO City of Carlsbad Alga Norte Dog Park Replace Black Vinyl Db!. Gates South Side DATE OF PlANS 3/28/17 I JOB PHONE 760-802-4568 Install 6'X15' Set of Dbl. Chain Link Gates on Existing 2.-7/8" Posts $1,800.00 North Side lnstaii6'X15' Set of Dbl. Chain Unk Gates on Existing 2-7/8" Posts $1,800.00 Bid Prevailing Wage Excludes All Concrete Work! Water line to be Moved by Others! All material i$ guaran!Aled to be a& speclfted. All work to be~pleled in a aubstantial worklilanUke manner 4"ordlng to $pe~lflcalloM submitted, peratandard pra••· Any alteration or deviation from above apeclficaHons Involving exira C08b will be executed only upon written ordm, and will buome an exira cha~ ovar and above the esUmate. All Agft!l!ll'ltnla contingent Upon strikes, accidents ~r dolayt b&yo~~d our control. Ownet to cany fi~&, tornado and other neeessaty insurance. Our workers are fully covered by Workman's Compensation lllsurance. location of fMce is sole responslbllif¥ of llle land owner. Survey stalles required, In order to properly place fence. Lumber producls are nominal sizes not actual sizes. In the event Htl{lallon 1$ required, reasonable attorneys feeJ, expert WJ1ness feet, court costs, Etc. shaU be awaided to preva!Qng party. We measum lhrough the gates. 1.5% interest will be charge on lnvoites past 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifil:atlons and conditions are satisfactory and hereby acceptBd. You are authorized to do the work as specified. Payment will be made as outfined above Date of Acceptance: Authorized Signature Jon Holton Note: This proposal may be withdrawn by t if not accepted within Signature Signature