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Home My WebLink AboutFence, Scott; 2011-08-15; PKRC508PUBLIC WORKS LETTER OF AGREEMENT Twin Inn Gazebo Handrail Installation at Magee Park (PKRC508) 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 four custom handrails on the Twin Inn Gazebo located at Magee Park, 258 Beech Avenue, per the Contractor's proposal dated July 21, 2011 and City specifications, for a sum not to exceed Three Thousand Nine Hundred dollars ($3,900). This work is to be completed within 31 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 Revised 9/28/00 Requirements for Ground Water Extraction and Similar Discharges from Construction 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. D. 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. E. 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 seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. ^^ init init 7. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the pity of Carlsbad to disqualify the Contractor from participating in contract bidding. init 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 (Project Mgr) Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Department) (Address) By: Scott Fence (Name of Contractor) (Sign Here) (E-mail Address) C-13581918 (Contractor's License Number) Kent Scott. Owner (Print Name and Title) By: (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. B, BY: Attorney - 3 -Revised 9/28/00 7605388838 Scott 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 CALIFORNIA LICENSE c-i 3581918 • LOUISIANA LICENSE 15558 Offices. Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans., lafayette, Louisiana; Grand Cayman, West Indies Since 1956 /"PROPOSAL suwmfB TO STREET PHONE DATE "7-2.1-U Crv. STATE M»DBP CODE JOB NAME JOB LOCATION ARCHTEC-(DATE OF PLANS Wit hw»by p'npow to 1unMth matarM« w*4 labor niCMMty f™ tfw c&TKUCffe" of: JOBPHO«E *« WE PROPOSE hortoy to furnish material and labor - compl«t» In accordance with above specifications, for th« sum of: dollars ($ Payment to tw made as follows; All material to guarantnti to b» » ipwMM All work to Us cempl«t*d In 1 sutntuntUI work-ninllknT jrnnr iceonllng to sctclficitkini submlMd, par itjnSJM piictfctt. Any altirjttM oraev;itlcnfrom sbuv« ip«iSiabcn> Iff/tHymg oxtra cottt will b» e«««ulBd only upon wrtt»n ofd»™, indwill bectfini in enrs cfliras ov*r »na ibov* UM tstlmstB. All igraememt* cortin(i«rt upon•Wkw, icclddnB or flfiiiytbtyond our control. Owi«r to carry f]-8,tomido and older ne:««»iryln»ur«ncB. Our wort»r» art fully CSVTTW) by WoftnMn » Comp«rt««Jon Iniurancc. LociBon or ff IKB l< toll mporulWllly of th* l»nd owrar. Survty lUkn rgqulred. In onfcr to propsrty pl<»f»flce. Lumbar ptnluca am nomlnil ttm not nctuil iln*. In the *««nt Ktljaflon l> mqulrod,rsMonib «ittomvyf f»««, »p*rt witnwi fM«, court cottt, Etc. «MH bt iwirdKl to gnyi pirty. We masaurt through the ;»to«. 1.9% Intern! will rw chtrge on Inrolcm pot 30 9<y* Authort£»d Signature _ Note: This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The abovs price*, specifications and conditions are satisfactory and hereby accepted. You art authorized to do the signatuw work aa specified. Payment will txs mad* as outlinsd above Date of Acceptance: __._ Signature _ V ]