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HomeMy WebLinkAboutScott Fence; 2012-04-23;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Scott Fence, a sole proprietor (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to remove 4' of existing chain link fending and fabricate (1) walk gate for access, per the Contractor's proposal dated 3/8/2012 and the District specifications, for a sum not to exceed One Thousand Nine Hundred Fifty dollars ($)1,950.00. This work is to be completed within thirty (30) working days after issuance of a Purchase Order. ADDITIONAL REQUIREIVIENTS 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 of Carlsbad and the District, 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 District; 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 District. 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 and the District 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 District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, 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 seq init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the District 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. 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the - 1 - Revised 02/11/02 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: Carlsbad. CA 92008 (Project Mgr) (Department) (Address) (Name of Contractor) (Contractor's License Number) y^^^T^ /h^d/Zl See attached California \j , ^ By: ^ \Ari/^ All-Purpose Acknowledgment KCAV bColV 0^is.tr (Sign Here) (Print Name and Title) (E-mail Address) By: (Sign Here) (Print Name and Title) Department Head Date If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A: **Group B: Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer 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 02/11/02 Scott 1255 Distribution Way • Vista, CA 92081 ^m€€ (760) 598-0070 • Fax (760) 598-0098 Since 1956 CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE 15558 Offices: Carlsbad, Califomia; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies PROPOSAL SUBMITTED TO PHONE CITY OF CARLSBAD JOB NAME VVATER TOWER STREET JOB LOCATION 4291 SKYUNE CITY, STATE, AND ZIP CODE CARLSBAD, CA ARCHITECT DATE OF PLANS JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of: PREVAILING WAGES REMOVE 4* OF EXISTING CHAINLINK FENCING AND FABRICATE (1) WALKGATE FOR ACCESS. GATE SHALL HAVE (3) STRANDS OF BARBWIRE. FABRIC SHALL BE 2" MESH GALVANIZED. REMOVE APPX (180) LF OF EXISTING BARBWIRE. REMOVE APPX (20) LF OF EXISTING BARBWIRE AND REPLACE WITH NEW. DATE 3/8/12 WE PROPOSE hereby to furnish material and labor-Complete in accordance with above specifications, for the sum of: dollars ($ ^ 950 ) Paynnent to be made as follows: UPON COMPLETION Allmat8riali8guaranteedtobea88pecifled.Allworktobea)mpletedinasubstantlalTO Authorized ^ /} , manneraccordmg to specifications submitted, jjer standard practfce yfyiMn-y^^y, »-l from above specifications InvoMng extra costs will l»e emuted only upon Signature /^SAAii^ will become an extra charge over and above ttte estimate. All agreements contingent upon strikes, accidents or delays beyond our ^nUol. Ovmer to carry fire, tornado and ott^r necessary insurance. Our workers at« ftilly covered by Workman's Compensation Insurance. Loca^n of Note: This proposal nnay be withdrawn by us fence is sole responslblllty ofthe land owner. Survey states required, in order to properiy place ^rrpntpH «/ithin an H^WC fence. Lumber products are nominal sizes not actual sizes. In the event litigation IS required, IT not acceptea witnin 30 aays. reasonable attomeys fees, expert witness fees, court costs, Etc. shall be awarded to prevailing par^. We measure through the gates. 1.5% Interest will be charge on invoices past 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and Signature conditions are satisiiactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above Date of Acceptance: Signature CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Sa/vi hiego On Ha^rck 7^0^2012 before me, P - U . R^^cU- f\fs^ Pu<AU^_ (Here insert name and title of the ifficer) personally appeared k^r^j^ ^^rr^jf — who proved to me on the basis of satisfactory evidence to be the personj^whose name(«fis/ape-Subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h©f/thetf authorized capacity(i^, and that by his/hef/ttieif signature(sfon the instrument the personj»for the entity upon behalf of which the person;(sfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign ignature of Notary ublic (Notary Seal) OWCIAL SEAL i P. U. PARIKH ^ NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1847363 2 SAN DIEGO COUNTY • MYCOMM. EXP. MAY2, 2013 I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) TitW or descriptiQ(l of attac (Titre or descriptiQ||l of attached document continued) Number of Pages <?? Document Date 3^^6^I 3- (Additional information) CAPACITY CLAIIVIED BY THE SIGNER X Individual Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notaiy 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. Wshe/theyr 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 sea! impression smudges, re-seal if a sufficienl area permits, otherwise complete a different acknowledgment fonn. • 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 A D A n 1A n-7 onn QII CQC^ ,r,.„,. M-t