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HomeMy WebLinkAboutDesigner Glass Carlsbad; 2012-10-29; PEM590PUBLIC WORKS LETTER OF AGREEMENT PEM590 This letter will serve as an agreement between Designer Glass Carlsbad, a division of Stained Glass Overlay, a Sole Owner Glass Company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to provide and install four mirrors and outlet covers at the Senior Center's Dance Room, per the Contractor's proposal dated October 16, 2012 and City specifications, for a sum not to exceed Two-thousand, Nineteen dollars and Fifty-one cents ($)2,019.51. This work is to be completed within forty-five (45) 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 woric; 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 ail 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 Attomey or the City Manager. Said policies shall name the City of Carisbad 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 Wori<ers 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, Govemment Coda^ctions 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. init N/A init The Contractor hereby acknowledges that debarment by another jurisdiction is groun^ the City of Carisbad to disqualify the Contractor from participating in contract bidding init N/A init - 1 -- 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 Payment of Prevailing Wages Is not required. The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concern. Payment of prevailing wages Is at contractor's discretion. TO INDICATE ACCEPTANCE OF THIS AGREEMENT. PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Bob Richardson (Project Mgr) Designer Glass Carisbad Facilities (Department) 405 Oak Ave (Address) 681787 Carlsbad. CA 92008 (Name of Contractor) By: (Sign Here) (E-mail Address) (Contractor's License Number) Paul Vander Pioeg. Sole Owner (Print Name and Title) See AHached Acknowledgment Q> 6 Bv: N/A N/A (Sign Here) (Print Name and Title) N/A Department Heffevld Hauser. Director ^ate (Proper notarial acknowledgmerS of execu^^^ attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othen/vise, 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: Deputy City Attorney 2 ~ Revised 9/28/00 state of California County of On } before me personally appeared ' N .^-»<f-f If'' Here Insert Name and Title of the'OTicer'-^ A ^ 1 OFFICIAL SEAL IFNNIFER L. TRITT oo iNOTArPUBWA^^ ' COMM. NO. 1866902 -SAN DIEGO COUNTY MY COMM . EXP. OCT. 2.2013 who proved to me on the basis of satisfactory evidence to be the person^s) whose nameO^is/aV^ subscribed to the within instrument and acknowledged to me that he£)^i^ executed the same in his/hMtis^r authorized capacity(ife^, and that by his/Fhsc?th^ir signaturd^^on the instrument the person^l^ or the entity upon behalf of which the person(9Kacted, 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 jeal. Place Notary Seal Above OPTIONAL '-r^ignature'ef Notary Public valuable tqpen ons relying on the document Description of Attach Title or Type of Document Document Date ocuijjnent Signer(s) Other Than Named Above: Number of Pag Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual P^A^^LI A Corporate Officer — Title(s):A LOotM!- • Partner — • Limited • General • Attomey in Fact • Trustee H Guardiaivor Conservator ^-Other: jQ:fyJ(SSL/- Signer Is Representing:. Top of thumb here Signer's Name: . • Individual • Corporate Officer — Title{s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ^ Signer Is Representing:. ^^^^^^^^^^f^'^^'^^nT^^^i^oTvrpir 91313-2402.www.NationalNotaryorg ©2007 National Notary Association • 9350 De bote Ave., r.u. DUA .L^^uc Oct 16 12 11:43a Designer Glass Carlsbad 7607293164 P.1 Designer Glass Carlsbad, a Division of Stained Glass Overlay 2579 State Street Carlsbad, CA 92008-1624 ph:760-729-i064 Estimate Date Estimate # 10/16/2012 93306 Name/Address City of Carisbad 1 Senior Center Project DescriptFon Qty Cost Total 3/16" Mirror I @ 52 172x86 1 @ 191/2x86 2@81 x80 Cut Outs and Outlet Covers Included Labor and Installation Califomia Sales Tax 1,155.00 775.00 7.75% 1.155.00T 775.00 89.51 Total $2,019.51 Customer Signature