HomeMy WebLinkAboutSCOTT FENCE; 2012-08-14;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Scott Fence, a sole proprietor (Contractor) and
the Carlsbad Municipal Water Distnct (District). The Contractor will provide all equipment,
material and labor necessary to remove 6' of existing chain link fence and repair fence damaged
by tree at Santa Fe I, per the Contractor's proposal dated 6/29/12 and the Distnct specifications,
for a sum not to exceed Two Thousand Four Hundred dollars ($)2,400.00. 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 of Carfsbad and the District, and its agents, officers and employees,
from all claims, loss, damage, injury and liability of every kind, nature and descnption, 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 Distnct; 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 Distnct. 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 Carfsbad 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 ^)6q init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the Distnct to disqualify the Contractor from participating in contract bidding.^C^ init init
7. The Contractor agrees and hereby stipulates that the proper venue and junsdiction for
resolution of any disputes between the parties ansing 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 ofthe California Labor Code. Pursuantto 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:
Jase Warner Water Utilities
By:
(Project Mgr) (Department)
5950 El Camino Real Carlsbad. CA 92008
(Address)
(Contractor's License Number) (Name of Contractor)
/nlJ^ \ ^A See attached California
(Sign Here) (Pnnt 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:
Chairman,
President, or
Vice-President
'Group B:
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowenng the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, CityAttorney
BY:
Revised 02/11/02
Scott 1255 Distribution Way • Vista, CA 92081
^CHce (760) 598-0070 • Fax (760) 598-0098
Since 1956 CALIFORNIA LICENSE C-l 358191.8 • LOUISIANA LICENSE
15558
< WKWOSALSUBUmEOTO ^"^ ~~ "
Carlsbad Water District
PHONE
760-4.18~:?799
DATE
STREET
5950 El Camino Real
JOB NAME
Fence Repair
CITY. STATE AND ZIP COOE
Carlsbad CA 92008
JC» LOCATION ^
Tank off of Palomar PoaH
ARCHrreCT
V
We h«r«by propoM to fumish matarMs and (•bof nacMM
DATE OF PLANS
ry for th« comolation of: 1 JOB PHONE
Repair 6* Chain Link Damaged by Tree.
Remove Barbed Wire from Perimeter Fence.
Total $2,400.00
Bid Prevailing Wage.
10 vUw.^*™^ PiMMvanbed car Waimity oo Hot Di|^ C^gva^
^ AgaaistRastQajy
WE PROPOSE herby to fumrsh matsriai and labor - complete In accordance with above specifications, for ttw^um^^ ^^rrm AND mmd^
2 ^400,00 Payment to be made a» foil dollars ($
All mattrial itguarantNd to be as tfiMifiad. AM work to be complatad in a substantial wortonaniikt manner according to specificattons submtttodi par standard inetiess. Any attaraton or dtviation fiwi abovi spM^flicattons involving extra colts wiil be executed only upon written oiders, and wW become an extra ciiarDe over and abov* tiie estimate. AH agreemente contingent upon strftes, accMente or deteys brn^d our eontn^. Owner to canry fira. tornado and otiier necesury hisufince. Our woricenare My covered by NVorionan's Compensation Insurance. lu»aflon of fence to sote respoiwibility of AM tend owner. Suivey stakes tequired, In order to properiy ptace fence. Lumber producte are nominal ebee i^»t actual sizes. In fiie event Ntioation is rraurir»d, reasonaWe attomeys Um, expert witoess feee. court coste, Ete. shall be awarded to prevailing party. We measure throiHiii tlie s^tes. 1.S% intemt m be cliarge on invotees past 30 tteys.
Authorized
Signature .
Note: This proposal may be
withdrawn by us If not accepted within days
^^SfPROPOSAL The above prices, specifications and coiiditions are satisfactory and hereby accepted. You are auttiorized to do the Signature worit as specified. Payment wiil be made as outiined above
Date of Acceptance: Signature
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of f^awx h>i^gyn
On ^lAct 3?>^^ AOia before me, P> O 'l^o^Mn- ATdl-m^ P^Uc.
J (Here insert name and title of thd officer)
personally appeared h 11Acm ke^vn t" 6' CfbW
who proved to me on the basis of satisfactory evidence to be the personj^s^^hose narae(sfTs/3i€^subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/h@f/their authorized
capacity(i^8)f and that by his/her/their signature(^on the instrument the person(?)^ or the entity upon behalf of
which the person(;8^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 Nolary Public
(Notary Seal)
1 OFFICIAL SEAL
P. U. PARIKH
NOTARY PUBLIC-CALIFORNlAg
COMM. NO. 1847353 "
SAN DIEGO COUNTY
MY COMM. EXP. MAY 2, 2013
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
riptioolof a (Title or descriptioolof attached document continued)
Number of Pages ^ Document Date "7/ 3.2>/ \^
(Additional infomiation)
CAPACITY CLAI]V1ED BY THE SIGNER
^ Individual^
• CoqDorate Officer
(Title)
• Partner(s)
• Attomey-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknoyvledgnient completed in California must contain verbiage exactly as
appears above in the notary section or a separate ackno-wledgment 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 altemative
acknowledgment verbiage as may be printed on such a doaiment so long as the
verbiage does not require the notary to do something tltat is illegal for a notary in
Califonnia (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/they, is /ape) 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 infomiation 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 tlie capacit>' claimed by the signer. Ifthe claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
onns n^V)^ ..n mm or\r\ 011 noci: ,. M-i /-"I--