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HomeMy WebLinkAboutSouthwest Millworks Inc; 2012-10-29; PEM586PUBLIC WORKS LETTER OF AGREEMENT PEM586 This letter will serve as an agreement between Southwest Millworks, Inc, a Casework Contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to fabricate and install and re-laminate (Wilsonart Dove Grey #D92-60) the kitchen cabinets at Fire Station #2, per the Contractor's proposal dated August 15, 2012 and City specifications, for a sum not to exceed Three Thousand, Nine Hundred and Seventy-seven dollars ($)3,977.00. This work is to be completed within thirty (30) working 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, 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 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 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 fjiing of false clawcJ§ as set forth in the California False Claims Act, Government Code ^s^f^iofis 126§ft^^M_seci., and Carlsbad Municipal Code Sections 3.32.025, et seq. he Contradtdr hereby acknowledges that debarment by another jurisdiction is grounds for the City^^^igfrlsbad to disqualify the Contractor from participating in contract bidding. II -- 1 ~ Revised 9/28/00 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 supersedes 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Bob Richardson (Project Mgr) PEM - FAC (Department) 405 Oak Ave (Address) Carlsbad. CA 92008 Southwest Millworks, Inc 791023 (Contractor's License Number) Christopher Hoqan. President (Print Name and Title) Christopher Hoqan . Secretary (Print Name and Title ^0/^^//^ fment l-©a0jd Hauser, Director Date Property & Environmental Management (Proper n9lai>^l acknowledgment of execution by Contractor must be attached. (^[^^n, president or vice-president and secretary, assistant secretary, CFG or assistant ^^^^P must 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: Deputy City Attorney -- 2 Revised 9/28/00 SWMI SOUTHWeST MILLWORKS, INC. Contractor Specializing in Caseworl^ August 15, 2012 Mr. Gerald Bjork City of Carisbad 1633 Faraday Avenue Carlsbad, OA. 92008 Re: Fire Station #2 / Kitclien cabinetry relamlnatlon quote HI Geraki: The cost to fabricate and install a new sink base cabinet that has been severely damaged by water, along with the cost to provide all new doors and drawer fronts, field apply new laminate finished ends and remove all existing PVC edgebanding on existing cabinet bodies and install new PVC edgebanding on those cabinet bodies to match the new laminate color selection woukJ be as indicated below. I have included the cost to relaminate the bottoms of the upper wall cabinets. No new address is figured for the existing solid surtace countertop. TOTAL $3,977 Sincerely, SOUTHWEST Ml RKS, Inc. Cl^ij^flog'ar Cc: City wCarlsbad- Fire Station #2 quote 7925 Dunbrook Road Suite A San Diego, CA 92126 (858) 578-4640 Fax (858) 578-4661 E-mail swconmill@sbcglobal.net Website: www.southwestmillworksinc.com CA License 791023 AZ License ROC239296 State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT before me, (here insert name andlitle of {he officer) ' personally appeared CMoVl^V/TphrK- WpC^Cj^ who proved to me on the basis of satisfactory evidence to be the person^ whose name^ \s/aj^ subscribed to the within instrument and acknowledged to me that he/sj^/th^y executed the same in his/h/r/tl^ir authorized capacity(i^, and that by his/l^r/th^r signature(^on the instrument the person^, or the entity upon behalf of which the person(^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. Signature COMM. #1959679 c Holary PubKc • Califomtt g ' S«) Wego County t liy OmuL Eaaiwt Wow. 7,201SI (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attaclied to a document titled/for the purpose of A^^XC containing Q_ pages, and dated Q jdl H j ^OCD^ . The signer(^ capacity or authority is/^e as: ^i^^lndividuaKs) EH Attorney-in-Fact EH Corporate Officer(s) Title(s) EH Guardian/Conservator EH Partner-Limited/General I I Trustee(s) • Other: representing: Name(s) of Person(s) or Entity{ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: I—# form(s) of identificatiori O credible witnes5(es) Notarial event is detailed in notary journal on: Page* (j^ Entry* Notary contact: ^^^^ QMpf . Other I I Additional Signer(s) EH Signer(5) Thumbprint(5) • i Copyright 2007-2011 Notary Rotary, Inc. PC Box 41400, Des Moines, lA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.