HomeMy WebLinkAboutSCOTT FENCE; 2010-12-09; PWL11-19UTILPWL11-19UTIL
PUBLIC WORKS
LETTER OF AGREEMENT
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 a post and rail fence, per the Contractor's proposal dated November 5,
2010, and City specifications, for a sum not to exceed one thousand four hundred dollars
($) 1,400.00. 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 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 factions 12650, et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. /^_^J init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grou
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 of this agreement is San Diego
County, California.
Revised 9/28/00
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:
Sherri Howard Utilities 1635 Faraday Avenue Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Scott Fence C-13581918
(Name of Contractor) (Contractor's License Number)
Bv:
(Sign Here) (Print Name and Title)
(E-mail Address)
LBy:
(Sign Here) (Print Name and Title)
(E^ffiail 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 Attorney
- 2 -- Revised 9/28/00
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of <$ouy\.
On fV0V.before me,P. (J .
(Here insert name and title of th/pfficer'
personally appeared <S-m6
0^)
itleofth/jjf
who proved to me on the basis of satisfactory evidence to be the personj^f whose name(s^is/afexsubscribed to
the within instrument and acknowledged to me that he/sbeAhey executed the same in his/hef/trrair authorized
capacity(ies); and that by his/har/their signature(yfon the instrument the person(^or the entity upon behalf of
which the person^ 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 I
P, U. PARIKH J
NOTARY PUBLIC-CALIFORNIA"
COMM. NO. 1847353 S
SAN DIEGO COUNTY p
MY COMM. EXP. MAY 2, 2013 I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of"ittached document)
(Title or description of attached document continued)
Number of Pages _2_ Document Date 1 1 2
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
& Individual <tf
^ Corporate Officer0 c^-wiS -
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
notarization.
• 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.
•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
2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com
11/05/2010 11:25 7685980098
Scott
SCOTT FENCE PAGE 01/01
1255 Distribution Way • Vista, CA 92081
(760) 598-0070 • Fax (760) 598-0098
CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE
15558
Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies
Since 1956
'^PROPOSAL TO of I/O
STREET JOBHAME CCM
CITY, STATE AND ZIP CODE JQB4-OCATION -. f)
C/tcK. t>i
ARCHrTECT DATE OF PLANS JOBffiONE
W< hewby pmpai« ID fUrnlin material* and labor mcnury for th* completion of:
BE £K\ frn.
X" ^V
WE PROPOSE herfoy to furnish material and labor - complete In accordance with above specifications, for the sum of:
... ..... dollar* r* i
Payment to be matteas follows: ., .
PLL/. 0\ Ca^p\cA;c^
All material is guaranteed to Be tt speclfl«i, All »»r* to l» wntpteted In i § ubitirrtlil wortmanllte
manner aecordfng to SpKlflwrtkro? »ubmlttid, ptrsttndard pncttcss. Any altBration ordavlatlon
from above spscHlwrtlwis Involving oxtn co»t» will to woeutod only upon wrlttM enters, and
will teconw «n Htn charge vnr and above the etthnate. All agreementa eontlneent upon
ttrll»t,KcM*ntierdelayi beyond eureontral. Owner to wry fl«,tortwrf& and athBrmcBiuiy
Insurance. Our women an fully covered by workman's Comptmatton Insurance. Location of
fence ie sol* rtspoosiuiirty of the landowner. Survty *tikn required, In order to properly place
fence. Lumber pmducta ire nomln»l gbn not actual ibes. In tnt »v«flt litigation ta required,
reasonable attorney? fees, axpart wttnws feat, court costs, Etc. shall be awarded to prevailing
party. We measure through the gitw, 1 .6% Interest will be charge on Invoices past 3D days.
ACCEPTANCE OF PROPOSAL Tha above prices, specifications and
conditions are satisfactory and hereby accepted. You are authorized to do the
work as spvcKlsd. Payment will be made as outlined above
tlfltarrfAnr.HptancB-
3 A
Signature fL^T T*Lj4*&£s
Note: This proposal may be
withdrawn by us if not accepted within day*
Signature
Signature