HomeMy WebLinkAboutSiemens Industry Inc; 2014-11-20;CARLSBAD MUNICIPAL WATER DISTRICT
PUBLIC WORKS LETTER OF AGREEMENT
AGREEMENT FOR REPAIR OF STREET LIGHT ON LA COSTA AVE
($5000 or less)
This letter will serve as an agreement between Siemens Industry, Inc., a corporation (Contractor) and the
Carlsbad Municipal Water District (District), The Contractor will provide all equipment, material and labor
necessary to repair a street light located at La Costa Ave east of La Costa Town Center on the north side,
per the Contractor's invoice dated 11/20/2014 and the District specifications, for a sum not to exceed
Tour Thousand Nine Hundred Ninety Seven dollars and Twenty One Cents dollars ($) 4,997,21, This
work has already been completed due to the emergency situation,
ADDITIONAL REQUIREMENTS
1, City of Carisbad Business License
2, The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless the City of Carisbad 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 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 ofthe 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 attomey'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 Risk
Manager or the Executive Manager of the District, Said policies shall name the City of Carisbad 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 Carisbad 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,
- 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 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,
9, CMWD Contact: Matt Jacobs. 760-438-2722
Contractor Contact: Jeff Pierce. 619-562-1104 office. 619-726-3495. cell ohone
CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT
1820 John Towers Ave, Suite A
El Cajon, CA
619-562-1104
jeffrev, pierce(a)siemens,com
By:
(print neme/title) J
(print name/title)
Assistant*Executive Miijager, Deputy Executive
Manager or Division Director as authorized by
the Executive Manager
Patrick Thomas
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations, Othenwise, 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:
CELIA A, BREWER, General Counsel
BY:
General Counsel Approved 6/18/13
DELEGATION OF APPROVAL AUTHORITY FROM
PRESIDENT TERRY HEATH
AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MARTIN SCHULTZ
SIEMENS INDUSTRY, INC. - MOBILITY AND LOGISTICS DIVISiON
We. the undersigned, Terry Heath, President and Martin SchuNz. Vice President. Finance and
Business Administivtion of the Mobility and Logistics Diviskm of Siemens Industry, Inc. (the
"Corporation''), a corporation duly organized and existing under the laws ofthe State of Delaware, by
virtue of the authority vested in us as PnsskJent and Vice President Finance & Business
Administration to sign or countersign and othenwise execute in the name, or on liehalf of the
Corporation, any bids, project, contracts, agreements and any certificates, affidavits or anclHaiy
documents in connectkMi therewith fbr and on behalf of the Corporation, do herei)y delegate to and
acknowledge that the following person(8) may exercise such authority for and on our tjehalf up to $3
millton.
AUTHORIZED SIGNATORIES
Business Ooerations
mama/Poslti^n^
Finanoe/Central Suooort Function
fName/Positiofll
Dana Rasmussen
Service Segment Head
Dirk Glaser
FBA
Neway Redia
Servtee Seament FBA
We further acknowledge that the following indivWuals are hereby authorized to sign or countersign
and othenwise execute in the name, or on liehalf ofthe Corporation, the same documents as
referenced in paragraph A. up to and including a transactional Hmit of $1 millton. Any such detogatton
extends to but is limited to the same scope, documents and sutjject matter as referenced and granted
in Paragraph A, limited to the monetary amount stated in this Paragraph.
AUTHORIZED SIGNATORIES
Business Ooerattons
(Nama/Position)
Finance/Central SuDDort Fundion
(Namefl^Qsltionl
Chris Reyes
Area Manaaer
Tare IntxMlboon
FBA
Steven Gititin
Area manager
Claus Maucher
FBA
Gregory Winn
Ooerations manager
Andrew Rist
Ooerations manaaer
Christopher Romeo
Operations manager
Steven Teal
Operattons manager
C. We further acknowledge that each of the signatures of the persons referred to In paragraphs A and B
are binding upon the Corporatton.
D We further acknowledge that any document shaR require the signature of two (2) of the above
Authorized Signatories, one each Irom Business Operattons and from Finance/Central Support
Functtons. whom shaU have the requisite signature authority to be legally bimfing upon the
Corporatton.
E. We further acknowtedge that each of the persons refened to herein Is authorized to delegate such
person's aufhoifty hereunder to addittonerf members of his or her management team up to the limit of
such person's delegation of authority, provkled that such delegatton is in written form signed by the
delej^ and fitod with the Legal Department.
F. We further acknowledge that the Secretary or an Assistant Secretary of the Corporatkm is authorized
to issue certiftoattons attesting to the incumbent^, authority snd status of any of the persons rafBrred
to in this resolutton.
IN ¥VITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of
the said Corporatton. as ofthe 1st day of April 2013.
Digitally ligmd by Heath Tcny
Heath Terry f^^^
Oata:»)13JM.1109:14:43 -Cirw
Teny Heath
Pre^dent
Stomens Industry, Inc.
Mobility and Logistics Division
Martin Schultz
Vice President. Finance and Business Administration
Stomens Industry. Inc.
Mobility and Logistics Division