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HomeMy WebLinkAboutRick Post Welding and Wet Tapping; 2013-12-30;CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT WELDING SERVICES AT EL CAMINO REAL AND KELLY DR This letter will serve as an agreement between Rick Post Welding & Wet Tapping, a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to repair 14" water main, cut out bad section of pipe and replace with buttstrap and had hole, per the Contractor's proposal dated 9/18/2013 and the District specifications, for a sum not to exceed One Thousand Fifty dollars ($)1,050.00. This work has already been completed due to an emergency water main break. 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 their 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 connecfion 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, resulfing direcfiy 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 litigafion, arbitrafion, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensafion 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 Risk Manager or the Executive Manager of the District. Said policies shall name the City of CarlslDad and the District as a co-insured or addifional insured. Insurance is to be placed with insurers that have (1) a rafing 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 Compensafion laws (Division 4, California Labor Code) and the "Immigrafion 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, siibcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalfies for the filing of false claims as set forth in the California False Claims Act, Government Code secfions 12650, et seq., and Carlsbad Municipal Code Secfions 3.32.025, et seq ^ init init 6. The Contractor hereby acknowledges that debarment by another juasdictipn is grounds for the District fo disqualify the Contractor from participafing in contract bidding. init \ init die disputes between the parties arising out ofthis agreement is San Diego County ,\(^alifornia. 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdictjon for resolufion of any tvAC Agreement for repair of water main at ECR/Kelly - 1 - General Counsel Approved 6/18/13 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 Secfion 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. 9. CMWD Contact: Clement Harris, 760-438-2722 Contractor Contact: Rick Post, 760-598-1186 CONTRACTOR 3863 Sumac Summit, Fallbrook, CA 92028 760-598-1186, 760-731-1396 CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real, Carlsbad, CA 92008 760-438-2722, 760-431-2658 [Enter E-mail] rUV(.f»o^ti4><?Ui<^^*<^'^ Clement.harris@carlsbadca.gov (sign here) POST - OLOKkR, (print name/fitle) By: (sign here) ioiatanf Executive Manager, Doputy Exocufivo Manager or Division Director as authorized by the Execufive Manager (print name/tifie) If required by CMWD, proper notarial acknowledgment of execufion by contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporafions. Otherwise, the corporation must attach a resolufion certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: Agreement for repair of water main at ECR/Kelly 2 -General Counsel Approved 6/18/13 Rick Post Welding & Wet Tapping 3863 Sumac Summit Fallbrook, CA 92028 760-598-1186 SEP 20 2013 INVOICE Number 9551 Date 09/18/2013 Account 208 Sold To: CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 92008 Ship To: P.O. Number Kelly Dr. Shipped Via El Camino Terms 30 Days Salesman Rick Quantity Item No. Description Unit Price Amount Small Invoice #5729 8-27-2013 Repair 14" water main, cut out bad section of pipe & replace with buttstrap & hand hole. (2:30 to 9:30 evening) 4 hrs. reg time 4 hrs. Time & 1/2 AMQUNT:/<^£?0 ACCT#;36,^ Ce3^0^SSU APRVD: Jt2X^Q/^ APRVD TAXABLE: YEJ SALES TAX ON INV: YES 420.00 630.00 SUBTOTAL 1050 00 FREIGHT 0 00 SALES TAX 0 00 SUBTOTAL 1050 00 PAYMENT 0 00 TOTAL DUE 1050 00 THANK YOU