HomeMy WebLinkAboutScott Fence; 2009-09-21; PWGS466PUBLIC WORKS
LETTER OF AGREEMENT
PWGS466
This letter will serve as an agreement between SCOTT FENCE a Sole Ownership (Contractor) and the City of
Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete project
number PWGS466 for STAGECOACH BACKFLOW ENCLOSURE, per the Contractor's proposal dated July 2.
2009 and City specifications, for a sum not to exceed TWO THOUSAND EIGHT HUNDRED FIFTYFIVE dollars
and ZERO cents ($2,855.00). This work is to commence upon issuance of a Purchase Order and is to be
completed within thirty (30) calendar days thereafter.
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 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 five hundred
thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City
Manager. Said policies 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 California 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, 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. '%£&' Jaifc 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. ^Z^Cinit init
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising but of this agreement is San Diego County, California.
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. 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
Revised 9/28/00
or her in the execution of the contract.
9. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the
completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality
Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban
Runoff Management Plan (JURMP) incorporated herein by reference.
10. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND
RETURN TO:
Rodney Nishimoto Park Maintenance 1166 Carlsbad Village Dr Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
of Contr^ac|<|r) (C|^traptor's License Numfeir)
(Sjign Her^j (pint Name and ittle)
il Addresjs)
By:
(Sign Here) (Print Name and Title)
(E-maJI Address)
Department Head Date
(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:
RONALD R. BALL, City Attorney
BY:
Deputy City At\prney
-- 2 -- Revised 9/28/00
CALIFORNIA
CERTIFICATE OF
-PURPOSE
LEDGMENT
Siate of California
County of !»'
0" JtJ before me,P. Q ,(Nfof
(Here insert name and title of the officer)
ouru
cer) {
personally appeared
"vvho proved to me. on the basis of satisfactory evidence to be the person^whose name(g^is/ai^§ubscribed to
the within instrument and acknowledged to me that he/^btffljjey executed the same in his/h of/theft authorized
capacity(ie^, and that by his/herffljeir signature(s^bn the instrument the person^ or the entity upon behalf of
the person^Tacted, 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.
WITNESS my hand and official seal.
gnature of Notary Public (,(Notary Seal;
OFFICIAL SEAL
P. U. PARIKHiNOTARY PUBLIC-CALIFORNlAg
COMM. NO. 1847353 -
SAN DIEGO COUNTY |
MY COMM. EXP. MAY 2,2013 |
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
14£*d nc(Title or description1 of attached Document continued)
Number of Pages 2. Document Date T/ (
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
(& Corporate Officer p£>toYv_aj*~ SCotr fen<?e ,
D
D
D
D
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appeal's above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording 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 notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary 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.
be/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgmenl form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•!• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
<• Indicate title or type of attached document, number of pages and date.
<• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document