Loading...
HomeMy WebLinkAboutScott Fence; 2015-04-17; PWL15-70PEMPWL15-70PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT HAWTHORNE PROPERTY FENCE REPAIR This letter will serve as an agreement between Scott Fence, a licensed fencing contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair appx. 100' of tube steel fence at 2065 Camino Vida Roble (Hawthorne Property), per attached Exhibit A and City specifications, for a sum not to exceed four thousand dollars ($4,000). This work is to be completed within thirty (30) 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, officials, employees and volunteers, 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 one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an 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 Refonn 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, Governnnent Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et sea. ^Jf- init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction jSjoroMnds for the City of Carlsbad 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 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. HAWTHORNE PROPERTY FENCE REPAIR -1 - City Attorney Approved 2/24/15 PWL15-70PEM 9. City Contact: Jesse Zunke 760-434-2992 Contractor Contact: Jon Holton 760-598-0070 CONTRACTOR SCOTT FENCE, a sole proprietorship 1255 Distribution Way Vista, CA 92081 Ph - 760-598-0070 Fx - 760-598-0098 scottfencewefencetSjyahoo.com (sign here) Kent Scott / Owner, Sole Proprietor CITY OF CARLSBAD, a municipal corporation of the State of California By: Patrick Thomas, Public Works Director as authorized by the City Manager By: (print name/title) See Attached California All-Purpose Acknowledgment/Jttrat/ Copy Ofirtitieation (sign here) (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. Othenwise, 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: mi Of Assistant City Attorney ^ HAWTHORNE PROPERTY FENCE REPAIR City Attorney Approved 2/24/15 California Acknowledgment Form A notary puDJic or otter officer completing Ms certificate venfles only the identity of the iudividual who signed the document to which this certificate is attached, and not the tniMiIness. accniacv. or validity of that document. State of California Coimty of K,'^, j-ss. On n^^L ?a^-j^/Ar • —y personally appeared r^^fl<^ .before me, f' U • ^ Nc)h>^ U'c_ (here insert name and title of the officer) ~f ' —Sr^tr - • who proved to me on the basis of satfefactoiy evidence to be the person^fwhose nam©(s5ls/j2i^subscribed 0 the Within instrument and acknowledged to me that he/sbeAhey executed the same in his/hei#ieir au- thorized capacity(j«<. and that by his/herth0irsignature(^n the instrument the personj^a^orthe entity upon behalf of which the personj^jcted, executed the instrument. 1 certiiy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Seal 1 OFFICIAL SEAL R U, PARIKH NOTARY PUBLIC-CALIFORNIA g COMt^. NO. 2022903 ^ SAN DIEGO COUNTY MY COIVIM. EXP. MAY 2, 2017 J Wl I NESS my hand and official seal. (:::^A>^oc='«-'^ t-^-^^——^. Signature of I^Jotary Optional Information To belp prevent frand.^ it is recommended Hat you provide information about lie attached document below. *'*'*Thi3 is not required under California State notary public law.*** Document Title: # of Pages:. Notes ©2014 Golden State Notary, Inc. www.Nofary.net 263-1977 PWL15-70PEM EXHIBIT A JOB QUOTATION FOR HAWTHORNE PROPERTY FENCE REPAIR Item No. Unit Description Total 1 Fencing Approximately 100' of pre-galvanized and powder coated tube steel fence 68" panels 1"x1" top and bottom rails, 5/8" sq. pickets and 2"x2" posts @ $40.00 per linear foot for repairs at 2065 Camino Vida Roble (Hawthorne Property). $4000.00 TOTAL NOT TO EXCEED $4000.00 Includes taxes, fees, expenses and all other costs. HAWTHORNE PROPERTY FENCE REPAIR •3 ~ City Attorney Approved 2/24/15 Scott 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 CALIFORNIA LICENSE C-13581918 • LOUISIANA LICENSE 15558 Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies Since 1956 PROPOSAL SUBMITTED TO City of Cafisbad 2065 Camino Vida Roble Fence Repair DATE OF PLANS JOB PHONE 1/5/15 760-802-5756 Approx. 100' of Tube Steel Fence 68" Panels l"xl" Top & Bottom Rails, 5/8"sq. Pickets and 2"x2" Posts @ $40.00 per L.F. = $4,000.00 Pre Galvanized and Powder Coated! dollars( $ 4,000.00 All material is guaranteed to be as specified. All work to be compieted in a substantial wrionanlike manneraccordlng to specifications submitted, per standard practices. Any altera«onordewi^^ from above specificatlOTS involving extra CMIS VWH be executed only upon written orders, and vnll become an extra clwrge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Otmt to cany lire, tornado and ott»r necessary insurance. Our workeis ai* MIy covered by Workman's Compensatfen Insurance. Loatmnof fence is sole responsibility of the land ovwer. Survey stakes required, in order to property ptea fence. Lumber prwtads are nominal sizes not actual sizes. In the event litigation is required, reasonat^ attorneys fees, expert witness fees, court costs. Etc, shall be avrarded to prevailing party. We measure through the gates. 1.5% interest will be charge on invoices past 30 days. ACCEPTANCE OF PROPOSAL The atwve prices, sgecificatior»s and conditions are satisfactory and hereto accepted You are auttionzed to do the work as speciHed. Payment will be made as outlined above Date of Acceptance: Authorized Jon Holton Signature Note: This proposal may be withdrawn by i if not accepted within go Days Signature Signature