HomeMy WebLinkAboutFence, Scott; 2011-02-22; PKRC501PUBLIC WORKS
LETTER OF AGREEMENT
Fence Repair at Calavera Hills and Poinsettia Community Parks (PKRC501)
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 repair the handrail located at Poinsettia Community Park and tennis court chain
link fence repairs located at Calavera Hills Community Park, per the Contractor's proposal dated
January 21, 2011 and City specifications, for a sum not to exceed Four Thousand Two Hundred
Ten dollars ($4,210). This work is to be completed within 35 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 shall be aware of and comply with California Regional Water Quality Control
Board, San Diego Region requirements.
A. Contractor shall not allow any discharges from the construction site, which may have an
adverse effect on receiving waters of the United States.
Contractor shall not allow any groundwater extraction water to be discharged from
construction site except in full compliance with the General Waste Discharge
Requirements for Ground Water Extraction and Similar Discharges from Construction
Revised 9/28/00
and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to
submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all
compliance requirements therein, including monitoring, testing, and reporting.
B. In the event of conflict between the Contract and Permit requirements, the most stringent
shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all
issuing agencies, and the Owner before project will be accepted and a Notice of
Completion filed.
C. Contractor shall, at his own expense, procure any additional permits, certificates, and
licenses required of him by law for the execution of the work. He shall comply with all
Federal, State and local laws, ordinances or rules and regulations relating to the
performance of said work.
E. The Contractor shall incorporate and comply with all applicable Best Management
Practices (BMPs) during the completion of this agreement. All work must be in
compliance with the most current 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.
F. The Contractor shall indicate in his submittals methods of compliance, equipment
utilized to insure compliance, training of staff and experience in compliance with
environmental regulations. If in the opinion of the project manager, the Contractor is not
in compliance with this provision CITY reserves the right to implement BMP's to the
maximum extent practical, and deduct payment due or back charge the Contractor for
implementation with a 15% markup for administration and overhead.
6. 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 sea., and Carlsbad
Municipal Code Sections 3.32.025, et seq. l/\(k init tyA init
7. 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.
init W init
8. 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.
9. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130
supersedes 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.
- 2 - Revised 9/28/00
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE
BELOW AND RETURN TO:
Paul Harrison Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Scott Fence C-13581918
(Name of Contractor) (Contractor's License Number)
By: /^ ^\JW L-" < M.,., t[ ^ ^.raa Kent Scott. Owner
(Sign Here) ' ' '"-Onsnf (prjnt Name and Title)
(E-mail Address)
By:
(Sign Here) (Print Name and Title)
(E-mail 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:
RONAljilQjALL, City Attorney
IDeptrty City Attorney
-- 3 ~ Revised 9/28/00
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
before me,(J.
(Here insert name and title of the officer)
personally appeared ^
who proved to me on the basis of satisfactory evidence_to be the personj^Twhose naiaets) is/a^subscribed to
the within instrument and acknowledged to me that(b,e^fee7they' executed the same in his/her/Ujett" authorized
capacity(ieS), and that by his/he^/thprsignature(s^on the instrument the person(^for the entity upon behalf of
which the personjXf 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.
(Notary Seal)ignature of Notary Public I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or'description of attached document continued)
Number of Pages ^ Document Date 7** 7 11
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
IJ^P Corporate Officer r\
D
D
D
D
(Title)
Partner(s)
Attomey-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 authorised 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
signers) 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/thoy, 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
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
'81/21/2811 13:20 7605980098 SCOTT FENCE PAGE 02/02
1255 Distribution Way • Vista, CA 92081
(760) 598-0070 * Fax (760) 598-0098
CALIFORNIA LICENSE C-l35ei 918 - LOUISIANA LICENSE
_ _ 15558
Offices- Carlsbad. California. PvrtAnhur, Texas; Baton Rouge, N^ Orleans, Lafayette, Louisiana; Grand Cayman, West Indies
Since 1956
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CITY. STAl* AND flPCODI
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WE PROPOSE h*rby to furnish m*t*clal *nd labor • complete In aetonttnce witti above »p»clf)«it)om, for the sum of:
Payment to b* m«d* «follows:
Authorlnd
(mm it>ov« iptdicttieM involving tin cot & wtl &t Metmid only ifpoti wrlMn emtn,mffi fcteanu »n »«v» ehuras a*»r Md «lwvi tk« ««giMfe, All tgraMienti tondnjtnt up«w!i«». »tr.M«"« or o«liy» b«y«fi<i ouf e»Ktml. Owrwrto tiny (l!», *»ni<*o «niJ afiwrmMMi
IMUMMI. Our w»rti«r» *M lullf c*»if«l by WerfaMnl CeMp*MMien NMIHMW*. Utrtw -. ,. . t_ „hnc. i» iol» tMpa«i«>!«ty »»«d» l»««l owiwr. Surviy ittkn wqalwd. In ante IB »wttrly plect *»itnwf»>*n by u* If not »cctpUd within „_ days»tnc« Umber preduett ir» nwntnil ttzt* AM «c1u»l «h»t. 1« tht ««nt litigation If miwM,t»i»omb!« ittomtyi fiti, tipirt «dn«»» <tM, cosfl told, Etc. tki II 6« »w»rt«d to DrnviHlcj
pirty Wf HMMtun thm^h &M a«t« i£% IntlfMt wHI N cNf^c on Inn&letl put 3S ttyt.
ACCEPTANCE OF PROPOSAL Tha above pricw, tpeeifleailotw and ... ,conditlone are satisfactory end hereby accepted. You an authorized to do the signaturework as »peciftett. Payment will b» m»d» »» outlintd abova
Debt of Acceptance;Signature