HomeMy WebLinkAboutJERRY'S WELDING INC; 2011-05-20;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Jerry's Welding, Inc., a corporation (Contractor)
and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment,
material and labor necessary to weld the 27" recycled water line at Palomar Airport Rd., east of
Ei Camino Real, per the Contractor's invoice dated 5/6/2011 and the District specifications, for a
sum not to exceed One Thousand One Hundred Eighty Seven dollars and 50 cents ($)1,187.50.
This work has already been completed but ran over an unanticipated $187.50.
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 of Carlsbad and the District, 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 District; 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 District. 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 and the District 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 District.
4. The Contractor shall be aware of and comply with all Federal, State, County and City
Statutes, 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 seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the District 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
-- 1 - Revised 02/11/02
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.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Clement Harris, Water Utility Maintenance, 5950 El Camino Real, Carlsbad, CA 92008
(Project Mgr) (Department) (Address)
f >, i i I ' . ~f~~l ^ "? <L
(Name, of Contractor)(Contractor's License Number)
(x/Po.i/0 i i
(Sign Here)(Print Name and Title)
(E-mail Address)
ail Address)
(3j>-—i—-i-^-^—
Department Head
,
(Print Name and Title)
Date
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
"Group A:
Chairman,
President, or
Vice-President
*Group B:
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
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:
Deputy City Attorney
Revised 02/11/02
PORTABLE WELDING • HEAVY EQUIPMENT REPAIR • CUSTOM FABRICATION • PIPELINE REPAIR
EMERGENCY SERVICE AVAILABLE • PIPE SALES • CONTRACTORS LICENSE # 83448f M\/O I /** c
BILL TO
CARLSBAD MUNICIPAL WATER DIST
ATTN: ACCOUNTS PAYABLE
5950 EL CAMINO REAL
CARLSBAD, CA 92C
760-438-2722
DATE
5/6/2011
INVOICE
11-1936
P.O. NO.
CLEMMONS
TERMS
NET 30 DAYS
QTY.UNIT DESCRIPTION RATE AMOUNT
MRS.
HRS.
RE: OUR WORK ORDER/INVOICE # 305638
JOB SITE: EL CAMINO REAL & PALOMAR AIRPORT RD
5/4/201 1 - WELDING SERVICE - 27" WATERL1NE REPAIR
5/4/20 1 1 - WELDING SERVICE - 27" WATERL1NE REPAIR - O.T.
RATE
95.00
142.50
760.00
427.50
Contractors are required by law to be licensed and regulated by the
Contractors' State License Board which has jurisdiction to investigate
complaints against contractors if a complaint is filed within three years
of the date of alleged violation. Any questions concerning a contractor
may he referred to the Registrar. Contractors' State License Board, P. O.
Box 26000, Sacramento, CA 95826.
FINANCE CHARGE: A finance charge of 2.0% per month (24% per
annum) will be charged on past due accounts.
ATTORNEY'S FEES: ff legal action becomes necessary to collect any
monies due, customer agrees to pay reasonable attorney's fees and
costs incurred by Jerry's Welding Incorporated.
Subtotal $1,187.50
Sales Tax (8.75%)$0.00
1013 1 $1,187.50
Jerry's Welding Incorporated,
P.O. Box 2498, Fallbrook, CA 92088
Mobile: (619)987-4484