HomeMy WebLinkAboutScott Fence; 2010-04-01; PKRC484PUBLIC WORKS
LETTER OF AGREEMENT
The Ranch Development - Trail Pipe Gate Installation (PKRC484)
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 a 16' set of double pipe gates at The Ranch Development (access road for
Olivenhain Municipal Water District), per the Contractor's proposal dated February 24, 2010 and
City specifications, for a sum not to exceed One Thousand Two Hundred dollars ($1,200). This
work is to be completed within 21 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 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 employer's 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 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 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, etseo. ^tLty init _ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
of Carlsbad to disqualify the Contractor from participating in contract bidding.
.init _ init
- 1 -- Revised 9/28/00
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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 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.
9. California Regional Water Quality Control Board. San Diego Region
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.
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.
d) 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 Jurisdiction^ Urban
Runoff Management Plan (JURMP) incorporated herein by reference.
e) 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 right 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.
-- 2 - Revised 9/28/00
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TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE
BELOW AND RETURN TO:
Liz Ketablan
(Project Mgr)
Paries & Recreation 799 Pine Avenue. Ste 200 Carlsbad. CA 92008
(Department) (Address)
By:
Scott Fence
(Name of Contractor)
(Sign Here)
C-13581918
(Contractor's License Number)
See attached California
'"Ail-Pus pose Acknowle&jironr Kent Scott. Owner
(Print Name and Title)
(E-mail Address)
By:
(Sign Here)(Print Name and Title)
i-mail Address)
Department Head Date
(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:
RONALD R. BALL, City Attorney
BY: ./V/ii
- ^
Haas, Depdty City Manager
City Attorney
<a Revised 9/28/00
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of .gourv
naYoiv n I ^OtQ before me,
personally appeared
P- U.
(Here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(^f whose name^is/^rt" subscribed to
the within instrument and acknowledged to me that he/slje/they executed the same in his/her/th&ir authorized
capacity(ies), and that by his/he-F/thetr signature^on the instrument the person(X£or the entity upon behalf of
which the person(^Tacted, 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.
<d^s-^f=ia^^
Signature of Notary Public ((Notary Seal) 03
OFFICIAL SEAL |
P. U. PARiKH _!
NOTARY PUBLIC-CALIFORNIA^
COMM. NO. 1847353 -
SAN DIEGO COUNTY «/
MYCOMM.F.XP. MAY2.2013 I
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
PufeUc Utork ~ Letted eg.
(Title or description of attached document) ^
/WttAyv^Jr . PkRc^igif
(Titlaor description of attached document continued)
Number of Pages '^) Document Date 3 P 1 \ \O
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
D
D
D
D
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notaiy section or a separate acknowledgment 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 alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (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.
he/she/they, is /afe ) 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 information 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 the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com
02/24/2010 14:56 7605980098 SCOTT FENCE PAGE 01/01
f\\ \NJ; 1255 Distribution Way • Vista, CA 92081
(760) 598-0070 • Fax (760) 598-0098
c- i OCA CALIFORNIA LICENSE C-13581918 - LOUISIANA LICENSE_ Since 1956 ^^
Offices: Carlsbad, California; Port Arthur, Texas; Baton Rouge, New Orleans, Lafayette, Louisiana; Grand Cayman, West Indies
Scott
PROPOSAL SOBMTTTCD TO PHQWE
STREET
CfTY, STATE AND ZIP CODE JOBLOCATBN
ARCHITECT DATE OF PLANS JOB PHONE
W* h*rMy propMi to fumlih imUtWi wd bbar n
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WE PROPOSE hertoy to furnish material and tabor - complete In accordance
Payment to be mada aft follows:
dollars fs )
mannti according to tpQcHlctllont tufanKtwL Mf ttMidinJ prt&DfiM. Any iltwitlon ordtvtfttkun
vnn pMMA% in tKvi cttaiQv ow MB avow VM anMMiwi. All a^nMAWiai conunavm ttpoR•trikMt •cddfliito of dttay* D^yCnid AW control. OviiMrtoeAfiyllr^iorMdotndolhwrTOMMtiy
tenc» It wta reepcwIbllKyof the toml OMW. Survty ttakM nqulrad, In ortwte property ptac*tanca. LUMPtr prooucti wv aominii nztt not •cww VIZM. m nt tvini auguon iv iwiwnM,FMsonftbtt ittMiMys fefi , ttpert wMntft fiMp court cotta, Etc. riiiH be MMtnied to prwiwnfl
ACCEPTANCE OF PROPOSAL HM above prtcn, mcincatiom andconoiUoftt Afft sittefiictory and hwby accoptev* You w iiuinorizad to do thawork as specified. Payment will be mada as outlined above
n^tanf Aeeaptanc*! ,,
V
AuthorlZKlSignature
Note: This proposal may be
vrittirJraMm by us if not accupted wlUrin . ,. ri=y«
Signature _^^.
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Encinitas Trail
Carlsbad Trail
J:\Requests\Recreation\4165061_09 City of Carlsbad
The Ranch and Santa Fe Trails