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HomeMy WebLinkAboutDaryl Griffis Acoustics Inc; 2008-04-18;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Darvl Griffis Acoustics. Inc. , an acoustics consulting firm (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install acoustical materials in the Carlsbad City Library lobby entrance area per the Contractor's proposal dated March 25. 2008 and City specifications, for a sum not to exceed four thousand five hundred dollars ($4,500). This work is to be completed within 90 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 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 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 12QJ5Q, et seq., and Carlsbad Municipal Code Sections 3.32.025, etseq. y4l init "0 A. init DG 17G 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the\City of (jjaifjsbad to disqualify the Contractor from participating in contract bidding. MA init ^ J\ init Revised 9/28/00 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 appl icable 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Dave Curtis Library 1775 Dove Lane Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Daryl Griffis Acoustics, Inc 402601 N(Name of Contractor) (Contractor's License Number) Daryl Griffis, By: f\Z LJ/Lw\ Vice-President \Sign Here) (Print Name and Title) dga@griffisinc.com (E-mail Address) Jt • - 0 . ,. A - Vivian Griff is,UAjLJU ^. ,.\^} 11 By: UAjLJUTLm /^\\\^}])A^ _ Treasurer"~(Sign Here) 11 "~ (Print Name and Title) dqagqriff isinc . com __ (E-mail Address) frJK DepartmenfHe'ad 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: __ Jeputy City Attorney - 2 -- Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countvof San Dieqo On April 4, 2 0 0 8- before me.1 Date ' personally appeared Daryl Grif f i p 1 ^£Kb>. SAMANTHA DALTON k l^Tjfk Commtetfon* 1636801 | iH^lsiiy Notary Public - California \ J \ilf|jg*K7 San Diego County f | X3fip£' MyComrn.ExpiresJan16.2010f Place Notary Seal Above OPT }ss. Samantha Dalron Name and Title of Officer (e.g., "Jane Doe, Notary Public") and Vivian Gri f f i s Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &/are subscribed to tHe"~within instrument and acknowledged to me that^e^^they executed the same in feig&klfflheir authorized capacity(ies), and that by bds/fcsr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \^Yl^j^M/^ JJ A^TtrZ^vD'~^ZA^v '' '" Signature of Notary Public lf\ » 1 A I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Public Works Letter of Aareement Document Date: March 25, 2008 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signers Name: Darvl Griff is fc Vi Number of Paaes: 2 vian GrilflS mm:iai:iiiL<ii:ia»i^ii D Individual Top of thumb here S Corporate Officer — Titled: Vice President- & Treasurer D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Daryl Griff is Acoustics, Inc. (9 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wviw.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 Mar, 25. 2008 12:56PM Daryl Griff is Acoust ics No. 1705 P.Daryl Griffis Acoustics, Inc. Proposal 4958 Naples St. San Diego CA 92110 Phone 619-275-3060 Fax 619-275-3869 "In Business Since 1975" DATE 3/25/2008 CA License* 402601 TO: Carlsbad Library Attn: Dave Curtis Fax- (760) 602-7942 Bid for Project Name and Location: Carlsbad City Library 1775 Dove Lane Carlsbad Description ACOUSTIC WALL PANELS Provide labor and material to install Lamvin Inc. Sonic II wall panels composed of 2" thick, 7lb. Density fiberglass core, chemically hardened square edges, mechanically mounted, wrapped in Guilford of Maine fabric, color to be selected Work performed in Foyer/Entrance, 8 panels 48" high x 120" long to wrap all 4 walls PRICES 4,280 Prepared by Jerry Monroe TOTAL Quotation valid for1 30 days Upon acceptance of this proposal, signer agrees to provide preliminary information for this project Contractor name and address: Property owner name and address: Lender name and address: Date of Acceptance: Signature: Printed Name: If any legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to actual attorney's fee incurred, in addition to any other relief to which that party may be entitled, CALIFORNIA 20-DAY PRELIMINARY NOTICE (PUBLIC WORKS OF IMPROVEMENT) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTION 3098. DATE March 27, 2008 YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: Person Furnishing Labor, Services, Equipment Or Material (Claimant) Daryl Griff is Acoustics, Inc _ (Name) 4958 Naples Street _ (AddressSan Diego, CA 92110 (City, State, Zip) To: Owner, Reputed Owner, or Public Agency (See over) Carlsbad City Library Description Of Labor, Services, Equipment Or Material Supplied Or To Be Supplied Supply and Install Wall Panels The Name and Address of Person Contracting For the Above (Your Customer) Is: Carlsbad Citv Library 1775 Dove Lane (Name) 1775 Dove Lane (Name) Carlsbad, CA 92 ss) (City, State, Zip) To: Prime, Reputed, or Original Contractor Carlsbad City Library (Address) Carlsbad. CA 92008 (City, State, Zip) Jobsite (Street and Legal Description, If Known): Carlsbad Citv Library 1775 Dove Lane (Name)1775 Dove Lane (Name) (Address) Carlsbad, CA 92008 (City, State, Zip) To: Construction Lender or Reputed Construction Lender N/A (Name) (Address) (City, State, Zip) (Address) Carlsbad. CA 92008 3/27/08 (Date) (City, State, Zip) An Estimate Of The Total Price Of The Labor, Services, Equipment Or Material Furnished Or To Be Furnished Is: $ 4 , 280 . 00 Trust Funds To Which Supplemental Fringe Benefits Are Payable (Name) (Address) (City, State, Zip) (Only Subcontractors Are Required To Identify The Trust Fund) Heather Russell-Project Admin (Name of Person Signing)(Title) PROOF OF SERVICE AFFIDAVIT (CIVIL CODE § 3097.1) I, Heather RUSSell. declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) O By personally delivering copies to (name and title of person served) at (Address) on (b) 09 By First Class . (date), at . (time). March 27 service, postage prepaid, addressed to each of the parties at the address shown above on 2008 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. signed at San Diego _, California, on March 2 2008 [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETU (Signature ofc*erson Making Service) FORM209B-1 • ©2004 BY BUILDER'S BOOK, INC. • BOOKSTORE • PUBLISHER • 8001 CANOGA AVE. • CANOGA PARK, CA 91304 TEL: (818) 887-7828 • TOLL FREE: (800) 273-7375 • FAX: (818) 887-7990 • WEBSITE: www.buildersbook.com -.^t -^™- ^-™- ~™^ ~ ™ ^ «« x, ^»™ ^™™«™»>-™--*"-™«- - -*• ™|L™. ™™ ™™. ™ -» ,»». ~™~™- Mrf^^uinmi.^^^™™^-™:™-™^ . a different Preliminar 20- I his torrn is ror Kibuc 'works orny. in tiic event uiai you have any uoubi «>> 10 whether your project: is a Public Works or Private Works project, particularly if you are doing work where public funds are involved (as an example HUD projects), you may want to use both forms. It is also important that your estimate of the total puce of the labor, services, equipment or materials to be furnished is an accurate estimate, either based upon purchase orders from your contractor, or based upon your experience dealing with the particular type of project and your relationship with your customer. You. should out merely guess just to till in a number. n <;f»rvp « Preliminary Notice within 21) . .. may prevent the government - ' . • f>y persona! service and the vVhether you choose the first , persons and/or entities who ' i.of the Preliminary Notice. • i,ny Notice to the contracting " i 'ctor, irst Class Mail. Certified, or i •> manner. The law does not lor registered mail envelope • vp jt there sealed, Service is • s- to serve by mail, you must .. -I>L . N, the receits of the Certified "o >ci ,c ., F e i1 :: .1 • '>! ». ^ >:»« »»»'i ,-c!v>' '* *hi'-L c> /, ht.!»»i *.«» HK }>* ..;;TMO« should «>K-- -i r« v IHJ- a , whom you contracted, may tractina officer can be Served ,ier as above, the Prelirninary in lien of YOU (211) DAY 20 OF OR TO THE THE IN OR TO TO THE OF 21) TO THE YOU THE -,,-« FORM2,)9B-2 • ©2004 BY BUILDER'S BOOK, INC, • BOOKSTORE • PUBLISHER « 8001 CANOGA A\E. • CANOGA PARK, tA 91 JIMu J TEL: (818) 887-7828 « TOM., FREE: (800) 273-7375 - : \X <818i 887-7990 * WEBSITE: www.lniiidersbook.cQni