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HomeMy WebLinkAboutStatewide Traffic Safety and Signs Inc; 2014-11-21; UTIL1146UTIL1146 AGREEMENT FOR ON-CALL TRAFFIC CONTROL SERVICES STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. TKHS AGREEMENT is made and entered into as of the J^. / day of // ^/z^/*// A/^/^ 2014, by and between the CARLSBAD MUNICIPAL WAT^R DiSTRICt, a Publlc Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad, ("CMWD"), and STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., a Delaware corporation, ("Contractor"). RECITALS CMWD requires the professional services of a temporary traffic control (TTC) equipment rental company that is experienced in set up and removal of TTC equipment. Contractor has the necessary equipment and experience in providing these professional services and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will not exceed ten thousand dollars ($10,000) per agreement year. No other compensation forthe Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or makes to or on behalf of an injured employee under the CMWD's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. General Counsel Approved Version 1/30/13 UTIL1146 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenwise authorized and approved by the Risk Manager or the Executive Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in ali four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carisbad Business License for the term of this Agreement. 9. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, ifthe services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of CMWD. 13. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. General Counsel Approved Version 1/30/13 UTIL1146 15. PREVAIILING WAGE 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 ofthe California Labor Code. Pursuant to Section 1773.2 ofthe 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. CONTRACTOR STATEWIDE TRAFFIC SAFETY AND SIGNS, INC., a-OaHfomia-corporatJon Delawa" By: (sign here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carisb^ i«ftt, Exooutivc"MonogoHef'Director Patrick Thomas (print name/title) 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: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 UTIL1146 EXHIBIT "A" SCOPE OF SERVICES Statewide traffic safety and signs agrees to perform the following services for the Carisbad Municipal Water District: • Prepare traffic control plans per the Manual on Uniform Traffic Control Devices (MUTCD) • Install/set up TTC equipment per the MUTCD • Portable equipment will be delivered and picked up from one location unless otherwise noted • CMWD is not responsible for any damaged and/or lost equipment • Removal of rented TTC equipment Total not-to-exceed amount for the one (1) year Agreement term: $10,000.00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of '^^*^\ Uv>iSll^lS<po On before me. Here insert Name'and Title of the Officer j personally appeared Rarne(s) of ame(s) of Signer(s) fTACYMOLOT CMMRiBtiM'^ 19HM7 feMvy PubNc' (MMtrait who proved to me on the basis of satisfactory evidence to be the personfe)- whose name(s)- is/afe- subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in his/h«r/thGir authorized capacity(t©^, and that by his/her/their signature(s) 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 see Place Notary Seal Above Signature: OPTIONAL SignBture of Notary Public Though the information beiow is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date:. . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thunnb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here 3 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CiVIL CODE § 1189 State of California j [J/fflAN/\^ On jbefore me, County of Dafe personally appeared 'ere Insert Name and Title 6f thelOfficer Name(s) of Signer(s) MARYANNE SEIDL Commission # 2062070 Notary PubUc • California Oran^ County ^ 1^ Comm. *^ 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personfs) whose name(e) is/af»- subscribed to the within instrument and acknowledged to me that he/she/t'bey executed the same in his/ber/ti4etF authorized capacity(i«e), and that by his/*»er/th«if signature(e) 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 correcl WITNESS mWharld/and dffibial seal. Signature: 1^ \Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached D| Title or Type of Docunient: Number of Pages Signer(s) Other Than Named Above: Document Dat Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907