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Home My WebLink AboutValley Center Fence Company; 2015-06-04; PWL15-88TRANPWL15-88TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CHAIN LINK FENCE REPAIR AT 7238 PONTO ROAD; CONTRACT 7550 This letter will serve as an agreement between Valley Center Fence Company, a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair 50 feet of chain link fence at 7238 Ponto Road, per the City specifications, for a sum not to exceed two thousand one hundred seventy four dollars ($2,174). This work is to be completed within thirty (30) 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with insurers that have a current Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Goverament Code sections 12650, etseg.. and Carlsbad Municipal Code Sections 3.32.025, et seq. init QC- init 6. The Contractor hereby acknowledges that debarment by another jurisdiction js grounds fortti)^ City of Carlsbad to disqualify the Contractor from participating in contract bidding, fe^ - Q^^ 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. CHAIN LINK FENCE REPAIR 7238 PONTO RD: CONTRACT 7550 ~ 1 ~ City Attorney Approved 4/1/15 PWL15-88TRAN 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 ofthe contract 9. City Contact: Tony Ulloa. 858-231-0224 Contractor Contact: Jessie Lopez. 760-644-7047 CONTRACTOR CITY OF CARLSBAD, a municipal corporation VALLEY CENTER FENCE COMPANY, a of the State of Califomia California corporation 29020 Lilac Rd. Valley Center, CA 92082 760-749-1212 sales@valleycenterfence.com (sign t}ere) Patrick A. Thom^, Public Works Director ^(2U,c^ ^]o^y XQ(L<:^A~eA^'h as authorized by the City Manager (print name/title) (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 Attorney BY: ssistant City Attorney CHAIN LINK FENCE REPAIR 7238 PONTO RD: CONTRACT 7550 - 2 - City Attorney Approved 4/1/15 A Notary PuMk or other officer completing this certificate verifies only the identity of the indiviclual who signed the document, to which this certificate attached, and not tiie truthfulness, accuracy, or validity of that document.. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACltNOWLEDGMENT State of Califomia County of San Diego On hrju H t 2015 before me. Nadine R. Ganz, Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person|^ whose name^ is /are subscribed to the within instrument and aclcnowledged to me that he/she/efiey)executed the same in his/her/^fiehr authorized capacityand that by his/her^fi^ signature^on the instrument the person^ or the entity upon bifialf of which the persoi|(s^acted, executed the instrument. I certify under the 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 Notary leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 675194 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. Business Information VALLEY CENTER FENCE COMPANY 29020 LILAC ROAD VALLEY CENTER, CA 92082 Business Phone Number:(760) 749-3477 Entity Corporation Issue Date 08/04/1993 Expire Date 08/31/2015 License Status [This license is current and active. All information below should be reviewed. C13- FENCING Classifications Bonding Information Contractor's Bond iThis license filed a Contractor's Bond with AlVlERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SCI 047509 IBond Amount: $12,500 lEffective Date: 03/02/2009 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) CLARK BRUCE WILLIAM certified that he/she owns 10 percent or more ofthe voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11 /30/2005 Worl<ers' Compensation An employee service group holds the workers compensation insurance. Policy Number:RWCC48121652 Effective Date: 06/30/2014 Expire Date: 06/01/2015 Workers' Compensation History Otiier Personnel listed on this license (current or disassociated) are listed on other licenses. ;ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=675194 5/4/20 Public Work's Contractor Registration Search Page 1 of 1 '•ikt/ ^'^'^ Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Pari 7, Ctiapter 1 (commencing witti section 1720) of ttie Califomia Labor Code. Enter at least one search criteria to display active registered public wortfs contractor(s) matching your selections. Registration Number: Contractor Legal Name: Contractor License Lookup License Number: 675194 Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date BRUCE WILLIAM CLARK 1000009720 CSLB:789619 02/13/2015 06/30/2015 CSLB:675194 Export as: Excel | PDF Copyrislit t 2014 State of CuliCorriiit https://efiling.dir.ca.gov/PWCR/Search.action 5/4/2015 PWL15-88TRAN EXHIBIT "A" CHAIN LINK FENCE REPAIR AT 7238 PONTO ROAD Contractor shall provide all labor, equipment, and materials, necessary to replace damaged 50 ft. of galvanized chain link fencing. Fence shall consist of the following: 3' galvanized 9 GA chain link fabric, 2-7/8" S40 galvanized terminal / gate posts set in concrete, 2-3/8" S40 galvanized line posts set in concrete. Contractor shall dispose/recycle all damaged materials. CHAIN LINK FENCE REPAIR 7238 PONTO RD: CONTRACT 7550 3 --City Attorney Approved 4/1/15