HomeMy WebLinkAboutFence, Scott; 2010-09-28; PEM 514PUBLIC WORKS
LETTER OF AGREEMENT
Scott Fence
PEM 514
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 install approximately eighty-nine lineal feet (89) of cedar wood fencing and install
one cedar wood gate at the Art's Office, per the Contractor's proposal dated September 9. 2010
and City specifications, for a sum not to exceed Two-Thousand. Nine Hundred and Sixty-four
dollars ($)2,964.00. This work is to be completed within thirty (30) 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 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 Cede* sections 12650, et seq.. and Carlsbad
Municipal Code Sections 3.32.025, et seq. ffiCj^ init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the Citv of Carlsbad to disqualify the Contractor from participating in contract bidding. / jB
init n 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:
Kelly Brooks PEM 405 Oak Ave Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Scott Fence 6- l^6ftl /ft
(Name of Contractor) (Contractor's License Number)
O
(Sign Here) (Print Name and Title)
Seeasached California
(E-mail Address) BIIUOPO peipw e»S Ail-Purpose Acknowledgment
By: _ _ _ - - - _ f
(Sign Here) (Print Name and Title)
(E-mail Address)
Department Head Djfte
(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:
"tJeputy~C"ity Attorney^
- 2 - Revised 9/28/00
•^•v •!••• ^m^r M
CALIFORNIA ALL-PURPOSE ORIGINAL
CERTIFICATE OF ACKNOWLEDGMENT
State of 'California
County of
0^'Sff>\L£j^>(.
Sow\
personally appeared
h »Vq ov
j/Obefore me,
cyHl/.^on
/> U fe^'el, Atrf P^Uc.
(Here insert name and title orfhe officer)
K&VI /" Ciclof/
who proved to me on the basis of satisfactory evidence to be the person^whose name(.fffis/a?e-$ubscr. ibed to
the within instrument and acknowledged to me that he/she/tfeey executed the same in his/hef/therr authorized
capacity(ieS), and that by his/he#/tferirsignaturej#fori the instniment the person(^f, or the entity upon behalf of
which the person(g^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 Public
(Notary Seal)
OFFICIAL SEAL
P. U. PARIKH
NOTARY PUBLIC-CALIFORNIA"
COMM. NO. 1847353 "
SAN DIEGO COUNTY •
MY COMM, EXP. MAY 2, 2013 I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
_ /
(Title or description of attached document)
(Title or deSCT.iption of attached document continued)
Number of Pages 2. Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
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
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
nolarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /we ) 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.
* 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
Scott 1255 Distribution Way • Vista, CA yJ
<760) 598-0070 • Fax (760) 598-0098
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ACCEPTANCE OF PROPOSAL The sfeo^-P pj-icas apecifieations ant)
! cQ-MtUis^ivs are satrsf*story and h*r»4»y accepted' You are authorized to d« Hie &.iE>atiira
work a* spfrtifwii P*y went will tw wnade as outlined adov*
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