HomeMy WebLinkAboutMark Sauer Construction; 2010-03-04; PWGS 485PUBLIC WORKS
LETTER OF AGREEMENT
PWGS485
This letter will serve as an agreement between MARK SAUER CONSTRUCTION a Corporation (Contractor)
and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to
complete project number PWGS485 for CARRILLO RANCH ARCHWAY STABILIZATION, per the Contractor's
revised proposal dated December 21.2009 and City specifications, for a sum not to exceed THREE
THOUSAND FIVE HUNDRED FORTY-ONE dollars and ZERO cents ($3.541.00). This work is to commence
upon issuance of a Purchase Order and is to be completed within thirty (30) calendar days thereafter.
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 ($500,000) each, unless a lower amount is approved by the City Attorney or the City
Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to
be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and
(2) are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with
contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances
and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the
"Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not
limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants
that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections
3.32.025, et sea. Sif> init Sj/wL? _ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ft$ init MjOf^L 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 City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supercedes 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. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the
- 1 - Revised 9/28/00
completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality
Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban
Runoff Management Plan (JURMP) incorporated herein by reference.
The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND
RETURN TO:
Heidi Versteeq
(Project Mgr)
Facilities Maintenance
(Department)
Mark Sauer Construct
(E-mail Address)
By: QjfiW.
(Sign Here)er. Cm
(E-mAddress)
405 Oak Av
(Address)
Carlsbad. CA 92008
B 500572
(Contractor's License Number)
(Print Name and Title)
(Print Name and Title)
Department Head Sate
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer mast 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:Mi
Deputy City Attorney
2 —Revised 9/28/00
ACTION BY WRITTEN CONSENT
OF THE SOLE DIRECTOR
OF
MARK SAUER CONSTRUCTION, INC.,
A CALIFORNIA CORPORATION,
EFFECTIVE JANUARY 1, 2010
The undersigned, constituting the sole director of Mark Sauer Construction, Inc.,
a California corporation, hereby adopts the following resolutions to be effective as of
January 1, 2010.
Appointment of Officer:
The undersigned, desiring to appoint a new corporate Secretary as authorized by
the corporation's Bylaws, hereby adopts the following resolution:
RESOLVED: That Janene Durham be, and she hereby is, appointed as
Secretary of the corporation in place and stead of Cheries Sauer, to serve as such until
the next annual meeting of directors, or until her successor has been elected and has
qualified.
Binding Signature Authority:
RESOLVED: That in the absence of the Chief Executive Officer and Chief
Financial Officer, Janene Durham, in her capacity as Secretary and Vice President,
Administration, and Mark Green, in his capacity as Vice President, Project
Management, shall be and they hereby are duly authorized to sign documents on behalf
of the corporation and to thereby bind the corporation in all respects.
RESOLVED FURTHER: That the foregoing authority is effective until
revoked or until such time as either officer no longer holds office or is no longer
employed by the corporation.
IN WITNESS WHEREOF, the undersigned director has executed this Action by
Written Consent to be effective as of the date first above written.
DIRECTO
Pagel
Corporate Office
19712 Temescal Canyon Road
Corona, CA 92881-5656
Executive Office
3696 Park Hill Dr.
Corona, CA 92881-8438
Mark Sauer Construction, Inc.
Phone: (951) 279-4245
Fax: (951)279-5917
Website: www.msauer.com
Email: contact@msauer.com
Small Business Cert. # 0035176
Excellence since 1986!California License # 500572 B Nevada License # 0068157 B
REVISED 2/24/10
Date: 12-21-09 Original Submittal
Submitted To:
Mick Calarco
City of Carlsbad
Recreation Services Manager
799 Pine Ave. Suite 200
Carlsbad, Ca. 92008-2428
Job Name + Location:
Leo Carrillo Ranch
Arch Way Stabilization
6200 Flying LC Lane
Carlsbad, Ca. 92008
Mark Sauer Construction, Inc. (MSC) will provide the following labor and
materials:
MSC will stabilize, without professional engineering, the existing archway in question
by standard contractor methods which will include re-pointing of the arch and
adjacent base stone wall areas. The arch will remain in its current "out of plumb"
condition.
This is a private wage proposal.
Base Bid: $ 3,541.00
Three Thousand Five Hundred Forty One andxx/00
General Notes:
1) MSC will provide all necessary labor, materials, and equipment to execute the work described
in this proposal and in the plans and specifications provided for this bid.
2) This proposal includes only work described herein and no other.
3) The Owner is responsible to provide access to each work area.
4) The Owner is responsible to provide electrical and water service.
5) MSC is not responsible for delays caused by Owner, Architect, Engineer, Managing Agency,
Local Building Official, or lender. MSC shall be compensated for all rental costs; labor
standing time (minimum cost $125 per day), and administrative costs (minimum cost $125 per
day) in the event any project is delayed by others.
6) MSC is not responsible and not liable for theft, unlawful entries, or vandalism beyond our
control.
7) MSC is not responsible for error and omissions by designers, architects, engineers or owners.
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8) Slab Grade to be within +/- 0.10" of proposed finished grade.
9) Site to be left broom clean.
10) MSC is not a licensed structural engineer
Excluded from this Proposal:
-Unless Otherwise Noted-
1) Cost of permits, cost of fees, cost of Encroachment permits.
2) Engineer, or Engineering fees
3) Cost of Bonds.
4) Cost of testing, handling, abatement of all health hazard materials.
5) Cost of Special Inspection, Surveying, Soils Testing or Engineering
6) Cost of course of construction / fire insurance.
7) Movement, handling, or storage of all furniture, books, office equipment, artwork, or any/all
personal items not physically attached to the building or structure.
8) All movement, protection, handling of high-tech or computer equipment is the responsibility of
the owner.
9) Movement or alteration of any/all concealed pipes, ducts, electrical wiring, fire life systems, and
alarm systems outside of specified scope of work.
10) Damage to underground lines not clearly marked
Terms:
1) This proposal is good for 30 days.
2) This proposal shall be attached to any signed contract and shown as an "Exhibit".
3) Request for Pay to be based on percentage of completion.
4) Payment due a maximum of net 14 days. Late charges will be levied at highest legal level.
5) All Change Orders to be done in writing and a value of profit and overhead paid to MSC.
6) This proposal allows for retention only if applicable. Maximum 10%. All retention due to MSC
is payable no more then 35 days following substantial completion of our own work.
MarkSauer Dated 2/24/10
Mark Sauer, President, MSC, Inc.
Dated
Accepted
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