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HomeMy WebLinkAboutULTRA ENGINEERING INC; 2014-09-29; PWL15-26UTILPWL15-26UTIL CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT POTHOLING SERVICES This letter will serve as an agreement between Ultra Engineering Inc., a Califomia corporation and utility locating company, and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to pothole to locate lealc on a water main, per the Contractor's proposal dated 7/21/2014 and the District specifications, for a sum not to exceed two thousand one hundred dollars ($2,100.). This work is to be completed within 15 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 hannless 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 connection with the perfonnance 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 indude all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall fumish 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 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 Wori<ers Compensation laws (Division 4, California Labor Code) and the "Immigration Refonn 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 induded in this Contract. 5. The Contractor may be subje^*a civil penalties for the filing of false claims as set forth in the Califomia False Claims Act, GovernmimtjCbde sections 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, fit sefr'=^?^tr ^ji^ 6. The Contractor hereby acknowledges that debannent by another jurisdictiw^grounds for the District to disqualify the Contractor from participating in contract biddtngr^guott yjWm^ 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, Califomia. POTHOLING SERVICES - 1 - General Counsel Approved 6/18/13 WATER MAIN LEAK ON EL CAMINO REAL PWL15-26UTIL 8. The general prevailing rate of wages, for each craft or type of wori<er 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 Califomia Labor Code. Pursuant to Section 1773.2 of the California Labor code, a cun-ent 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: Don Wasko. 760-438-2722 Contractor Contact: John West. 951-223-3552 CONTRACTOR ULTRA ENGINEERING CONTF?ACTORS, INC., a Califomia corporation 36806 Pebley Court Winchester, CA 92596 951-223-3552 john@digwithair.com CARLSBAD MUNICIPAL WATER DISTRICT (sign here) Monagor, Dsputy fir- It <j \ \ Eyj^tivo Managor or Division Director as _JoA^ J ' L^j:)r \J'{<-'<- ifeJC J*^^— authorized by the Executive Mahager (print name/title) ' " " Jim Howell If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. Chainnan, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer 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: CELIA A. BREWER, General Counsel BY: K}P./( Oh- Assistant General CoiJnsel POTHOLING SERVICES WATER MAIN LEAK ON EL CAMINO REAL - 2 General Counsel Approved 6/18/13 ACKNOWLEDGMENT State of Califomia ' , County of Ki v<cr<> i OLLJ ) (insert name and title of the officer) personally appeared Q ^ _——-—• who proved to me on the basis of satisfactory evidence to be the personfs) whose name(^ ls/&Fe subscribed to the within instrument and acknowledged to me that he/^/fhsy executed the same in hls/h8f/ih«ir authorized capacity{fe6j, and that by his/ftec/tfteir signatureCs^on the instalment the person^sl, 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 Caiifomia that the foregoing paragraph is true and correct. T t^SJ^ o^f^^ COMM. »1983283 i V^^^Bm I'ublic - California 9 WITNESS my hand and official seal. f \SaI3&' Riverside County = 1 ^^!I^3P^_ Wy Comm. Expires June ». 2016{ Signature cxr Ky b>^s>^,g_>^>-^ (Seal) ACKNOWLEDGMENT State of Calrfornia County of [(\>r^ rsiLt^ ) On Su-fyt:g,rrvi>e.r\"?^ before me, (insert name and title of the officer) personally appeared _ who proved to me on the basis of satisfactory evidence to be the person"^ whose name^s^ is/&f^ subscribed to the within instrument and acknowledged to me thatfte/she/they executed the same in "his/her/their authorized capacityftea), and that by"ht§/her/lhair 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. ' H iiillii I WITNESS my hand and official seal. 9|BiB l£S?Kii»S*-?S!2i 1 f^E^^^ IwMrside County -* /I V-ywy^j ^ ^y"!- "^y*?* Check A License - License Detail - Contractors State License Board Page 1 of 3 Home 1 Online Services | License Details Contractor's License Detail for License # 971768 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations, (hide/show disclaimer) Business Information ULTRA ENGINEERING CONTRACTORS INC 36806 PEBLEY COURT WINCHESTER, CA 92596 Business Phone Number:(951) 223-3552 Entity Corporation Issue Date 04/03/2012 Expire Date 04/30/2016 License Status This license is current and active. All information below should be reviewed. Classifications https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/11/2014 Check A License - License Detail - Contractors State License Board Page 2 of 3 A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY. Bond Number: Wl 50154713 Bond Amount: $12,500 Effective Date: 03/27/2013 iContractor's Bond Historv Bond of Qualifying Individual The Responsible Managing Officer (RMO) WEST JOHN FRANCIS certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/03/2012 Workers' Compensation https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/11/2014 Check A License - License Detail - Contractors State License Board Page 3 of 3 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9013876 Effective Date: 05/30/2012 Expire Date: 05/30/2015 iWorkers' Compensation Historv Other Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Copyright © 2013 State of California Contractors State License Board https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 9/11/2014 Ultra Engineering Contractors, Inc. 36806 Pebley Court Winchester, CA 92596 Date Invoice # 7/21/2014 799 Bill To City ofCarlsbad ATTN; Accounts Payable 1635 Faraday Avenue Carisbad, CA 92008-7314 P.O. No. Terms Project P128660 Net 30 Quantity Description Rate Amount Ticket #852 on 07/21/2014 Potholing Services at Municipal Water District 350.00 2,100.00 Questions on this invoice, Please call 951.223.3552 Total $2,100.00 Pay online at: https://ipn.intuit.com/kzsx3whb