HomeMy WebLinkAboutJerry's Welding; 2010-02-24;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Jerry's Welding, a Corporation (Contractor) and
the Carlsbad Municipal Water District (District). The Contractor will provide all equipment,
material and labor necessary to repair the gate at "C" Reservoir , per the Contractor's proposal
dated 211 112010 and the District specifications, for a sum not to exceed One Thousand Five
Hundred Thirty Five dollars ($)I ,535.00. This work is to be completed within thirty (30) 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 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. lnsurance 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 lnsurance 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 penalt he filing of false claims as set forth in the
California False Claims Act, Government 12650, et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq
i , ,I u 6. The Contractor hereby acknowledges that debarment by another
the District to disqualify the Contractor from participating in contract bidding ini
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 0211 1/02
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:
Carlsbad, CA 92008
(Project Mgr) (Department) (Address)
33-(t 87
(Contractor's License Number)
7EblJ w UL/; 13 >;J4 A-
(Sign Here) (Print Name and Title)
(E-mail Address)
By: //E/w~ t PA A- bl v1-f. X~&%-T VQF~ , (Print Name and ~itld)
Department Head
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 Svcretary,
CFO or
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:
Revised 0211 1102
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sd i31~L~b\7
On ZY,, ,2010 before me, Rwmc.rr A>-n.
Date Here Insert Nade and Title of th$Officer
personally appeared 5eCh(d G) Vb-t~'a
Name($ of Signer($
/9-b4.r -
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that
he/ske/they executed the same in hi4fkerItheir authorized
capacity(ies), and that by btdberltheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, 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.
Place Notary Seal Above
Signature
OPTIONAL
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: r Let& at gem,&
Document Date: 3*3Y0 /o Number of Pages: a
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - Limited General Partner - Limited General
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Other:
Signer Is Representing: I I Signer Is Representing: I I
02007 Nat~onal Notary Assoc~at~on 9350 De Soto Ave , PO Box 2402 .Chatsworth, CA 91313-24020 w Nat~onalNotary org Item #5907 Reorder CallToll-Free 1800-876-6827
JERRYS WELDING INC PAGE 02/03
PORTABLE WELDMG HEAVY EQUIPMENT REPAIR CUSTOM FAJXUCATION PIPELINE REPAIR
EMERGENCY SERVICE AVAILABLE PIPE SALES CONTRACTORS LICENSE # 834487
TO; Jase Warner, Public Works Supervisor DATE: 0211 1/20 10
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Tele: 760.438.2722 x 71 5 1
Fax: 760.43 1.2658
PROPOSAL: (valid for thirty days)
Fabricate 13' wide gate with heavy-wall 4" tubing;
Supply one 6' gatepost, made from 4" heavy-wall tubing, to be installed by Carlsbad Muni Water;
Reuse existing 6" swing post, removed by Carlsbad Muni Water, & made available for gate fabrication;
All steel to be non-coated.
PRICE: $ 1,535.00 + applicable tax, includes delivery & required on site welding.
TERMS & CONDJTIONS:
Payment terms: Net 30 days
Finance Charge; A finance charge of2.0% per month (24% per annum) will be charged on all past due accounts.
Bounced checks; Customer understands and agrees that any payment to Jerry's Welding Incorporated that is returned
for insignificant funds or any other reason that delays the deposit of payment will incur a charge of $50.00 plus any and
all fees accessed by the bank.
Attorney's Fees: If 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.
ACCEPTANCE; The above prices, specifications and conditions are satisfactory and hereby accepted.
Jerry's Welding Incorporated is authorized to do the work as specified.
CUSTOMER PURCHASE ORDER #: COMPANY NAME:
SIGNATURE: DATE:
PRINT NAME:
Jerry's WeIding Incorporated, P.O. Box 2498, Fallbrook, CA 92088
Mobile: (619) 987-4484 Fax: (760) 645-3710