HomeMy WebLinkAboutScott Fence; 2014-08-28; PKRC548Tracking #:PKRC548
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Galvanized Chain Unk Fence (PKRC548)
This letter will serve as an agreement between Scott Fence (Contractor) and the City of Carlsbad (City).
The Contractor will provide all equipment, material and labor necessary to install a fence approximately
150' of 6'9 gauge Galvanized Chain Link @ $25 per L.F. that runs along the west side of the parks
maintenance yard (1166 Carlsbad Village Drive), behind the storage lockers. The site is to be left in the
condition it was found and any mess made needs to be cleaned up, per the Contractor's proposal dated
August 28, 2014 and City specifications, for a sum not to exceed Three Thousand Seven Hundred Fifty
dollars ($) 3,750. This work is to be completed within 20 working days after issuance of a Purchase Order.
ADDITIONAL REQUIREIWENTS
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 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 ali 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 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.
Galvanized Chain Link Parks Yard (PKRC548) -i - City Attorney Approved 6/18/13
Tracking #:PKRC548
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.
1. 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 seg.. and Carlsbad Municipal Code Sections
3.32.025, et sea. init init
2. 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. ^Cks init init
3. 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.
4. 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.
5. City Contact: Morgan Rockdale 760-802-7942
Contractor Contact: Scott Fence - Jon Holton 760—598-0070
Galvanized Chain Link Parks Yard (PKRC548) - 2 -- City Attorney Approved 6/18/13
Tracking #:PKRC548
CONTRACTOR CITY OF CARLSBAD, a municipal corporation
Scott Fence of the State of California
License #13581918
1255 Distribution Way
Vista/CA/92081
(760) 598-0070
(sign here)
V(^m scm mmsK
(print name/title)
er Department Director
as authorized by the City Manager
Chris Hazeltine
By:
_See Attached California AH-Purpose
(sign here) Acknowledgment / Jurat /
^ Copy Certification
(print name/title)
(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:
CELIA A. BREWE
BY:
Galvanized Chain Link Parks Yard (PKRC548) ~ 3 ~ City Attorney Approved 6/18/13
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ^ \ e
On S^r^j- ?)C> <X0{l4 before me, p- 0 . tc\^ ^ ri^oi-^ (L. ,
I 't (Here insert name and title ofthe offiber)
personally appeared U 'Sc^^O e-r\ 1" Scio'tt" .>
who proved to me on the basis of satisfactory evidence to be the person(^whose namefs)" is/^te-subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(i68^7 and that by his/her/their signaturej^on the instrument the person(.8^r the entity upon behalf of
which the person^acted, executed the instrument.
I certify_mdjr 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 ofNotary Public (Notary Seal)
OFFICIAL SEAL
NOTARY PUBLIC-CALIFORNlAi
COMM. NO. 2022903 '
SAN DIEGO COUNTY
MYCOMM. EXP. MAY 2, 2017 J
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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iptioiiof at
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(Title)
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2008 Version CAPA vl2.10.07 800-873-9865 www.NotaiyClasses.com
1255 Distribution Way • Vista, CA 92081
(760) 598-0070 • Fax (760) 598-0098
CALIFORNIA LICENSE c-13581918 • LOUISIANA UCENSf
Offices: CM C^orni.TpanAnHt., Texas; B.ton Rouge, New Orleans, L.f.yette, LoSS Gr.nd C^nt.n, Westltidtes
Scott Since 1956
PROPOSAL SUBMITTED TG
Morgan Rockdale
City of Carlsbad
DATE OF PLANS
5/28/2014
JOB PHONE
760-434-2985
Approx. 100' of C Wind Screen @ OlO.OO ptr L.r.»- $2,850.00
Approx. ISO- of 6' 9 gauge Galvanized Chain Link @ $25.00 per L.F.= $3,750.00
dol!ars( $
&rrFPTANCE OF PROPOSAL Tht above prices, SF<^pcations and
work as specified. Payment will Se made as outlined above
Date of Acceptance:
Authorized
Signature Jon Holton
Note: Tills proposal may be withdrawn by i
if not accepted within 90 Days
Signature
Signature