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HomeMy WebLinkAboutScott Fence; 2014-02-06; PKRC529Tracking #: CiTY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Fencing at Calavera Hills Community Park Community Garden Fence (PKRC529) 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 Approximately 150' of three Rail Lodge Pole Fence with Hardware Cloth and approximately 185' of 2 Rail Lodge Pole Fence without Hardware Cloth, per the Contractor's proposal dated January 2, 2014 and City specifications, for a sum not to exceed Four Thousand Seven Hundred Seventy dollars ($)4,770. This work is to be completed within 20 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 perfomiance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, njles 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 Risk Manager 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 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 Pennit 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. Fencing At Calavera Hills Community Park Community Garden Fence (Pkrc529) - i - City Attorney Approved 6/18/13 Tracking #: 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 rights 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, Govepnment Code sections 12650, et sag., and Cartsbad Municipal Code Sections 3.32.025, et seq. V^jA init init 7. The Contractor hereby acknowledges that debarment by another jurisdiction iagpftunds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. // l 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, Califomia. 9. The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concem. Payment of prevailing wages is at Contractor's discretion. 10. City Contact: Rodnev Nishimoto 760-434-2953 Contractor Contact: Scoff Fence 760-598-0070 ll ll ll ll ll II II II II II II Fencing At Calavera Hills Community Park Community Garden Fence (Pkrc529) - 2 ~ City Attorney Approved 6/18/13 Tracking #: CONTRACTOR Scott Fence 1255 Distribution Way, Vista, CA 92081 760-598-0070 Fax: 760-598-0098 scottfencewefence@yahoo.com By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia (sign here) (print name/title) By: (sign here) igor, Doputy City Manager or Department Director as authorized by the City Manager (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. See Attached California All-Purpose Acknowledgment / JiusfT' Copy-6erfificatlon Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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: CELIA A. BREWER, City Attomey BY: Assistant City Attorney Fencing At Calavera Hills Community Park Community Garden Fence {Pkrc529) 3 -City Attorney Approved 6/18/13 •Jan. 10, 2014 12:24PM PostalAr,nex #35 \1V P, i/i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § naa State of California County of ScLVX 1^ ^^^Q^ On - I } before me, fi- U • poc^j personally appeared Hare Irison Namg and Tina of (hq QWM eHII ^^30 kisdii r>"H- Nam9(5) of Signar^e) OFFICIAL SEAL .OTARV'UBLSFORNIAI COMM. NO. 2022903 -SAN DIEGO COUNTY MYa)MM£XP.MAY2.20l7 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Place Hotar/ Seal Abow Signature; OPTIONAL Though the informafion beiow is not required by law, it may prove valuable to persons relying on ths document • and could prevani fraudulent removal and reattachment of this form to another c/uw/nienf, Description of Attached Document Title or Type of Document: 'pUJloU^C l^gyj^ le::Tfer •(^^•^i/y.^xyjr- Document Date; I / ^ ftl t *-i Number of Pages: 2^ Signer(s) Other Than Named Above; _„^__^ , Capacity{les) Claimed by Signer(s) Signer's Name: Corporate Officgr — Title(s): ^ Individual • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPniNT OFSIQNtfl TOD of thumb hers Signer Ls Representing; Signer's Ngrne; • Corporate Officer — Titl6(s); • Individual • Partner — O Limited • General • Attorney in Fact, • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPqiNT OF SIGNER Top of :riLjmt here who proved to me on the basis of satisfactory | evidence to be the personj^whose name(g)^is/afe^ | subscribed to the within instrument and acknowledged | to me that he/she/tl^ executed the same in his/hef/their authorized capacity(ipej; and that by | his/hsf/theif signature(^ on the instrument the | person(9^or the entity upon behalf of which the | p©rson<^act©d, executed the instrument. O aOiD naiiorial rimary Assoclahcn • NaiicinalNolai7.6rfl • l^eoO-Ug NOTAnv (1-600-875-6827) Ite.Tl */S9C7 Scott 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 CALIFORNIA LICENSf C-l 3581918 . LOUISIANA tlCENSL 1 .J5.S8 O/Z/ces-- Cdrlshad California: Port Arthur, Texas; Bator) Rnugc. Ntw O/eans. ijuiyette, Louisiano; Grand Ca/nt'Tn, H'i-^f /.'•i/ t". 'pence Since 1956 PROPOSAL suBMiTTEo TO City of Carlsbad Parks and Recreation Calavera Hills Community Park Garden Added Fence E-IVIail paul.meadows(S)carlsbadca.gov DATE OF PLANS JOB PHONE 1/2/2014 760-522-5585 Aprox. 150' of 3 Rail Lodge Pole Fence w/Hardware Cloth @ $17.00 per LF. = $2,550.00 dollars( $ 2,550.00 All material isguarantesd to be as specified. All work to becompleled in a sutistantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are (uliy covered tjy Workman's Compensaton Insurance, location ol fence is sole responsibility of the land owner. Survey slakes required, in order to properly place fence. Lumber products are nominal sizes not actual sizes. In the event litigation is required, reasonable attorneys fees, expert witness fees, court costs. Etc. shall bo awarded to prevailing party. We measure through the gates. 1.5% interest will be charge on invoices past 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above Date of Acceptance: Authorized Signature Jon Holton Note: This proposal may be wittidrawn by i if not accepted within go Days Signature Signature Scott 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 CALIFORNIA LICENSG C-135H19I« • LOUISIANA LICENSE Offices: Cirlsbad, Calilorma; t^rt Arthur, Texas; Baton Roufje. New Orleans. Lafayette, Louisiana; Crand Cavman. W*s( Indk-i- 'pence Since 1956 PROPOSAL suBhfliTTED TO City of Carlsbad Parks and Recreation Calavera Hills Community Park Garden Added Fence E-Mail paul.meadows(S)carlsbadca.gov DATE OF PLANS JOB PHONE 1/2/2014 760-522-5586 Aprox. 185' of 2 Rail Lodge Pole Fence W/O Hardware Cloth @ $12.00 per LF. = $2,220.00 dollars( $ 2,220.00 All material is guaranteed to be as specified- All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon striltes, accidents or delays beyond our control. Owner to car^ fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance, Location of fence is sole responsibility of the land owner. Survey slakes required, in order to properly place fence. Lumber products are nominal sizes not actual sizes. In the event litigation is required, reasonable attorneys fees, expert witness fees, court costs. Etc. shall be awarded to prevailing party. We measure through the gates. 1.5% interest will be charge on invoices past 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and hereby accepted. You are auttiorlzed to do the work as specifled. Payment will be made as outlined above Date of Acceptance: Authorized Signature Jon Holton Note; This proposal may be withdrawn by i if not accepted within gQ Days Signature Signature