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Home My WebLink AboutScott Fence; 2010-03-31; PWGS495PUBLIC WORKS LETTER OF AGREEMENT PWGS495 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 PWGS495 for STAGECOACH COMMUNITY CENTER PRESCHOOL PLAY YARD FENCE INSTALLATION, per the Contractor's proposal dated February 10. 2010 and City specifications, for a sum not to exceed ONE THOUSAND TWO HUNDRED EIGHTY dollars and ZERO cents ($1.280.00). 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 sea. Wj& 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. ALjJ 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 of this agreement is San Diego County, California. 8. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supercedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. Revised 9/28/00 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. 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: Heidi Versteeg Facilities Maintenance 405 Oak Av Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Scott Fence C13 581918 (Name of Contractor) (Contractor's License Number) (Sign Here) (Print Name and Title) (E-mail Address) By: I/ ' (Print Name and Title) b-J*~, v -J/-/<9 '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 officers) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorn Revised 9/28/00 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On KdLrck before me, ?. O . (Here insert name and title oftheofficdr) personally appeared who proved to me on the basis of satisfactory evidence to be the person($Twhose name(s> is/a(pe/subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same, in his/herAhrrr authorized capacity(ies); and that by his/her/their signature^s^on the instrument the person(^or the entity upon behalf of which the personts^acted, executed the instrument. 1 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. c-T~Iv^ct-^VMA- ^ Signature of Notary public (Notary S OFFICIAL SEAL P. U. PARIKH JNOTARY PUBL!C-CALIFORNIA 1 COMM. NO. 1847353 SAN DiEGO COUNTY MY COMM. EXP. MAY 2 2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT r CJfrvi: - L (Title or description of attached document) (Title or Description of attached document continued) Number of Pages 2- Document Date 3 f )7 / )0 c-e , (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer n n n 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 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, 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. he/she/they^- 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 acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •t* 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. •J* 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 2008 Version CAPA vl 2.10.07 800-873-9865 www.NotaryClasses.com SCOTT FENCE PAGE 01/01 1255 Distribution Way * Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 Stne*19S6 CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE 15558 Offices: Carlsfcd, California; Port Arthur, Texas; Baton Rovge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies 02/10/2010 11:37 7605988098 Scott i TO p /n> oV (-fcg-TKI 8TMIT CITY, STATI AND 2PCOOI Jt* LOCATION ARCHITECT DATlOfPLAHS JOB PHONE *wr*4» nA-c \ / f .', /» A \ WE PROPOSE h*ri>y to furnteh m«»ri«l *iMl tabor - oompltt* In «ooort«n«» with above iprciflcatlora, tar th« «um of: ' dollara ($P»ym«nt to b* mad« a* follows: All mnwtell* quirtntMdtobMi ipMHM All wort lob* coin pfcttdlnminntriccw4nf.ttip*elBci«oM»i*mlBid,p«rftindirt|>it«ttMt., (ram tbovt tfftmutfa* imoMug Mtm «o«i wll fetuNUliit only wN OMOfM Ml KRTR Onl^M tft9f t/Mt MOW m9 VWRMni* Aw HH tanc*. LumMr pretfuet* art nemtotl AMfMMMM**tto«Nt¥t MM, »*t*n witniM tut, court oo«t», Eh. •!«« ta ivwMkparty. W» RiMtun ftfougfc On giM, t JW MtrtM will M ettutti tm tov&Btt pt»t 30 ACCEPTANCE OF PROPOSAL Th. .bov. pricw, uwcMarttorai mdeo(M«ion«ar»t«ti»%otory «mf h««»aeo^lML Iftw «• wifoorteid todottMwork «* »p«olfltd. P«ymerrtwillb»n>id»MootJ)n«dalx»v« "O ! -* ^ H Go/e 31'