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HomeMy WebLinkAboutRight of Way Engineering Services Inc; 2006-05-03;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Right of Way Engineering Services, Inc. , a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to Monitor Maerkle Reservoir, per the Contractor's proposal dated April 5, 2006 and the District specifications, for a sum not to exceed One Thousand Six Hundred Forty dollars ($)1 ,640.00. This work is to be completed within 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 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 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 l&- 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.^y^ 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 02/1 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: Ball (Project Mgr)(Department) 5%D £(Carlsbad. CA 92008 (Address) at (Name of Contractor) &r\ (Sign Here) > 6oX,/)cV— (E-mail Address) (Contractor's License Number) L- (Print Name and Title) By: (Sign Here)(Print Name and Title) (E-mail Address) Department Head f 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, 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: /I o^C-\y" - 2 -Revised 02/11/02 ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On before me, appeared ^Vl i" Cv\d C*fl , personally , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BARBARA J. DANIELS COMMJ1565515 NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTY MY Com. Exp. APR. 27,2009 / imy hand and official sjbald and off Jli NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE mm^^^^^mm OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. TTTLE(S) CAPACITY CLAIMED BY SIGNER (PRINCIPAL) C] INDIVIDUAL [] CORPORATE OFFICER n PARTNER(S) C] ATTORNEY-IN-FACT [] TRUSTEE(S) n GUARDIAN/CONSERVATOR n OTHER: DESCRIPTION OE.ATTACHED DOCUMENT of TITLE OR NUMBER OF PAGES *•/ - go- ex* DATE OF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)RIGHT THUMBPRINT OF SIGNER OTHER APA10/05 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM © 2005 VALLEY-SIERRA INSURANCE Right-Of-Way Engineering Services, Inc. Land Surveying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31,2003. Michael L. Schlumpberger President "G. Duane Nixon Shareholder 4167 Avenidade la Plata Suite 114 - Oceanside, CA 92056 • (760)732-1366 • FAX (760) 732-1367 E-Mail: roweng@cox.net Right-Of-Way Engineering Services, Inc. Land. APRIL 05, 2006 MR. KURT MUSSER CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMDSfO REAL CARLSBAD, CA 92008 SUBJECT: DAM MONITORING OF MAERKLE RESERVOIR RECEIVED APR 07 2006 CARLSBAD MUNICIPAL WATER DISTRICT DEAR KURT, PER YOUR REQUEST, RIGHT-OF-WAY ENGINEERING SERVICES, INC. HAS PREPARED A SCOPE OF WORK AND RELATED FEES FOR SUBJECT PROJECT. SCOPE OF WORK TASK HOURS COST 1. PROVIDE A PRECISE LEVEL LOOP ACROSS DAM AXIS 4.0 $ 640.00 AND PROVIDE ELEVATIONS OF MONITORING MONUMENTS IN NGVD 29 VALUES 2. PROVIDE HORIZONTAL LOCATIONS OF EACH MONITORING 4.0 640.00 MONUMENT IN NAD 83 VALUES (12 POSITIONS) 3. PREPARE MONITORING NOTES REFLECTING PREVIOUS 4.0 360.00 AND CURRENT MONITORING (ELEVATIONS AND NAD 83 VALUES) TOTAL (TIME AND MATERIAL) NOT TO EXCEED $1,640.00 SINCERELY, RIGHT-OF-WAY ENGINEERING SERVICES, INC. MICHAEL SCHLUMPBERGER, P.L.S. PRESIDENT CMWD MAERKLE MONTTORING.PRO 4167 Avenidade la Plata Suite 114 - Oceanside, CA 92056 • (760)732-1366 • FAX (760) 732-1367 E-Mail: roweng@cox.net