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HomeMy WebLinkAboutReliabuilt Fence Company; 2015-09-10; PKRC552Tracking #: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ELMWOOD PARKING LOT FENCE ADDITION: PKRC552 This letter wiil 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 fencing at the Elmwood Parking Lot, per the Contractor's proposal dated July 20, 2015 and City specifications, for a sum not to exceed three thousand two hundred dollars ($3,200). 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 faiiure 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 insurers that have a current Best's Key Rating of not less than "A-:VH"; 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 forthe filing of false claims as setforth 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 ofthis agreement is San Diego County, California. ELMWOOD PARKING LOT FENCE ADDITION PKRC552 ~ 1 ~ City Attorney Approved 4/1/15 Tracking #: 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shali 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. 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: Kyle Lancaster, 760-434-2941 Contractor Contact: George Gutierrez, 760-295-8776 CONTRACTOR CITY OF CARLSBAD, a municipal corporation RELIABUILT FENCE COMPANY, a general of the State of California partnership 31916 Del Cielo Este #20 Bonsall, CA 92003 Phone: 760-295-8776 Fax: 760-295-0678 Email: reliabuiltfence27@yahoo.com ?r. Deputy City-Manager •OF Department Director as authorized by the City Manager (print name/title) ^ Chris Hazeltine 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 ASJi CELIAXBRJEV^IpCity Attbrney City^ttDF^" ELMWOOD PARKING LOT FENCE ADDITION PKRC552 - 2 ~ City Attorney Approved 4/1/15 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of San Diego A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed fhe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of ±iat document. 0^^\i(l[\S\ .2-^^2-0\r before me, Michelle Violet Basil, Notary Public, personally appeared J CSY7^ Gro+yV ^ir%p. . . , who proved to me 'on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within in- strument 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 iastrument. I certify under PENALTY OF PERJLTRY under the laws of the State of Cahfomia that the foregoing paragraph is trae and correct. WITNESS my hand and official seal. Signature of Notary Public MICHELLE VIOLET BASIL f Commission # 2050482 | "f Notary Public - C£!iforni3 r San Diego County - , 1/ Comm. Expires Har 9. 2018 r> (notary seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or descri.ption of attached document continued) Nuinber of Pases Document Date ' (Additional information) CAPACITY CLAIMED BY THE SIGNER jfc Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acicnowiedgment completed in Califoniia musl contain verbiage exactly as appears above in the notary: section or a separate ackncnvkdgment form must be properly compieted and attached to that document. Tiie only exception is if a document is to be recorded outside of California. In such instances, any ahemalive acknowiedgmenl verbiage as may be printed on such a document so long as the verbiage does not require the notarj' lo do something that is illegal for a notaiy in California (te. certifying the authorised capacit}! of the signer). Please check the document carefully for propernotarial ivording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notarj' public for acknowledgment. • Date of n'otarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notar\' public must print his or her name as it appears within his or her commission foUowed by a comma and then your title (notarj' public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they, is /afe) or circliogthe correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notarj' seal impression must be clear and photographically reproducible. Impression mtist not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, other^^'ise complete a different acknowledgment form. • Signature of the notary public must match tlie signature on file ivith tlie office of the county clerk, •:• Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document, *:• Indicate title ortype of attached document, nuraber of pages and date. <* indicate tlie capacity' claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretarv'), • Securely attach this document to the signed document PROPOSAL Lic#948809 31916 Del Cielo Este #20 Bonsall Ca, 92003 (760) 295-8776 FAX (760) 295-0678 PROPOSAL SUBIVIITTED TO City of Carlsbad (Attn: Kyle Lancaster) PHONE 760-434-2826 DATE 7-20-15 STREET 799 Pine Ave #200 JOB TYPE Lodge Poll CITY, STATE and ZiP Carlsbad Ca, 920 CODE 09 JOB LOCATION Elmwood Parking Lot-Carlsbad ATTENTION: Kyle E-mail Kvle.Lancaster(®,carlsbadca.gov PROPOSAL* 7456-1 Salesperson George We hereby submit specifications and estimates for Installation of 118' of 2-Rail Lodge Poll Fencing New Construction 5" Post. 3.5" Rails. 901b concrete. 24" footings. Crowned Bottoms ACQ Treated Material Post on side for Chain We will provide Chain for gate 2 Day Project We propose hereby to furnish material and labor - complete in accordance with above speciflGations, for the sum of: $3,200 Payment to be made as follows: inn% WhPn Prnjprt i.<:; Cnmplpfpl All material is guaranteed to be as specified. Ali work to be compieted in a workmanlike manner according to standard practices. Any alteration or deviation fnom above spedfications involving extra costs wiil be executed only upon written orders, and wili become an extra change over and above the estimate. Ali agreements contingent upon strikes, accidents or delays beyond our controi. Owner to carry fire, tomado and other necessary insurance. We are not responsible for property lines or unforeseen underground utilities, and Sprinklers. Owners Responsibilities for necessary permit and Association approvals. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and ane heneby accepted. You ane authorized to do the wori< as spedfied. Payment will be made as outlined above. Date of Acceptance: Thank you, George Gutierrez Licensed and Insured! Authorized Signature:_ Note: This proposal may be withdrawn by us if not accepted within .^Q davs "Rely on us for all your Fencing Needs"