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HomeMy WebLinkAboutScott Fence; 2010-02-24; PKRC480PUBLIC WORKS LETTER OF AGREEMENT Robertson Ranch Park Site Gate Installation (PKRC480) This letter will serve as an agreement between Scott Fence, a fencing company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install a galvanized pipe gate at Robertson Ranch Park Site, per the Contractor's proposal dated January 14, 2010 and City specifications, for a sum not to exceed One Thousand Eight Hundred dollars ($1,800). This work is to be completed within 21 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 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 employer's 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 Coda, sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et seq. ffi^xJ init init / 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for ity of Carlsbad to disqualify the Contractor from participating in contract bidding, init init Revised 9/28/00 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. 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 or her in the execution of the contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Paul Harrison _ Parks & Recreation1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Scott Fence _ C-13581918 _ (Name of Contractor) (Contractor's License Number) See attached California By: &*^_J L^d<JM/\ _ AjLBumooo Acknowledgment _ Kent Scott. Owner (Sign Here) **" ^ (Print Name and Title) (Sign Here) ' (Print Name and Title) (E-mail Address) 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 Attorney -- 2 -- Revised 9/28/00 01/14/2010 l't>12 7b05980099 SCOTT FENCE 01/31 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 - Fax (760) 598-0098 CALIFORNIA LICENSE C-1 358191 8 • LOUISIANA LICENSE 15558 Offices Carlsbad, California: Porr Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Cnnd Cayman, We-st Indies Scott Since 1956 ^PROPOSAL SUBWTTCD TO STREET Cltt, STATE AND ZIP CODE ARCHITECT DAT! OF PLANS DATE „I-IH-IO JOB NAME JOB "HONE WE PROPOSE herby to furnish material and labor • complain in accordance with above specifications, for tha sum of: ..,. nOD"dollar Payment to b* mad* a* follows: All mnirtal li gutranuttfto H iiapecUUd. AI wort to becontplmd In iiubiuneilwonminiilii Authorized manittr according MiMdfluDoni momltUd. Mr lUnttard praeifcii. Any illmton or divUtton from ibovi ipKiAcitfoni Involving ntn coin will ba tneuud only upon wrttufi oraira, ind will bacomi an tr.n chirnt e»ir and ibov« th* iitlmia. All taratmtnta contfn|ini uponidkfi, tccMtnta or dili|rik>yend ourconM. Ownir to tiny fin, tomido ind othir iK««»«ryiruunnct. Ourwotnin in killy covmd BK WonuMoiConipirmllon miuridcg. Location ofrann li aoll mponilblllty otthi lind ownw. Surviy mkii raqalnd. lit ortir to praptrty pltcihnu. Lumbar pnducMir* nominal iliM not acluiltlua. In *• ivtnt NtiBitlo" » wilrtd,raatonadla ittomoyi f»M. ispart wtlimi leal, court toita, Etc thil ta iwirdMl to pnviHIngparty We imiuia ihrou|h Uii galai. 1 ,S% Iniwwt wtl Da ehirga on Invelcii put 30 diyi. Note: Thla proposal may be withdrawn by us If not accepted within ACCEPTANCE OF PROPOSAL The abova priea*. tMGincallons andcondition! are Mti*lactory and hereby iccaptad. You are authorlnd to do the work 3i Rpacifi»ct. Paymant will be mada a* outllrwd abovv Signature Signature • CALIFORNIA ALL-PURPOSE • .CERTIFICATE OF ACKNOWLEDGMENT State of California County of JQ/Qbefore me, P • 0 , fe/r (•f personally appeared (Here insert name and title of the officer)' )-<e>/l f Srott C- who proved to me on the basis of satisfactory evidence to be the personf^fwhose name(^ns/5*d'subscribed to the within instrument and acknowledged to me that he/sJie/feeyexecuted the same in his/hep/fckerr authorized capacity (ieS), and that by his/h^flftheirsignature^on the instrument the person^ or the entity upon behalf of which the personj^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." WITNESS my hand and official seal. Signature of Notary fpblic (Notary Seal) OFFICIAL SEAL ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Work - L^-fTe^r (Title or description of attached document) (Title oddescription of attached document continued) Number of Pages Q< Document Date J l&( 1 / 10 (Additional information) CAPACITY CLAIMED BY THE SIGNER 02 Individual ($T D Coiporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) ft Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears 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, airy alternative ackncnvledgmenl 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. rie/she/they, • is /afe) 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 of lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •J* 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 onns Voremn PAPA ul9 in 01 Rf)0-871-Q8fi^ wwwNntarvflasses cnm