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HomeMy WebLinkAboutAffordable Pipeline Services; 2010-02-02;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Affordable Pipeline Services, a General Plumbing Contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to clean and removing debris in wet wells located in the City of Carlsbad, per the Contractor's proposal dated October 28, 2009 and City specifications, for a sum not to exceed Five Thousand dollars ($)5,000.00. This work is to be completed within 60 [working] days after issuance of a Purchase Order. See attached proposal 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 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 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 filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et seq. & . init cf'_, init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init .-r- init 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 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Ken Burtech (Project Mgr) wastewater (Department) 5950 ECR Carlsbad, CA 92008 (Address) (Name^of Contractor)(Contractor's License Number) /(Sign Here;(Print Name and Title) By: (E-mail Address) (Printint Name and Title)/^ / ff Department Head Date (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. 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 CYNTHIA HAAS, Deputy City Manager BY: Deputy City Attorney Date Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On o before me,Q Date personally appeared.j3 S r£T>\ Here Insert Name and Title of the Officer Tula Name(s) of Signers) OFFICIAL SEAL A. O'LOUGHLIN who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanjiand official seal. Place Nobuy Seat Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ?/\ L\ . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT Or- SIGNER Tot/of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here SignerTs^Rspresenting:. ©2007 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402-Ctialsworth, CA 91313-2402 • www.NattonalNotary.org Item »5907 Reorder-. Call Toll-Free 1.800-876-68: AFFORDABLE NP t I i KE SERVICES A DIVISION Ol Al I ORDABLE DRAIN SERVICE, INC. Proposal January 26, 2010 City of Carlsbad Don Wasko RE: Wet-Well Cleaning Dear Mr. Wasko, Affordable Pipeline Services is pleased to offer the following proposal for your Cleaning project. Scope of Work: Provide a combination jet/vac truck with 10-yard debris holding capacity with one operator to perform wet-well cleaning. The cleaning of the wet well will consist of driving the truck up to the wetwell. The operator will setup the truck to begin the vacuuming operation. Next, necessary vacuum tubes will be setup according to the depth of the well. City of Carlsbad personnel will pump down the well to the lowest possible level. The top layer or grease mat will be vacuumed into the truck. If possible, the grit that settles on the bottom of the wet well will also be vacuumed into the truck. Once the combination truck is full, the crew will drive to the Encina Plant, dump the truck and drive to the next site to be cleaned. The wet wells to be cleaned will be identified by City of Carlsbad crews. Price: • Combination Jet/Vac Truck with two man crew $240.00 per hour (4-hour minimum) OR • Combination Jet/Vac Truck with two man crew $1680.00 daily rate Exclusions: • Does not include bonds, traffic control plans or permits. • Additional Insurance requirements may increase costs. Current insurance provided with this proposal. (Appendix A) Assumptions: • Project is Non-prevailing Wage. • All manholes are accessible by cleaning equipment. • City of Carlsbad will provide a location to dump liquids and debris at no cost to Affordable Pipeline Services. • Price may increase for easement areas, inaccessible manholes and confined space entry. • Standard Traffic control equipment will be provided by Affordable Pipeline Services. Does not include the use of arrow boards if needed. • Price quote is valid for 30 days. Thank you for contacting us. Please feel free to contact me at (858) 689-4000. Sincerely, Accepted by:/v<2r/s-'?^^-'-—// Print Name: Corey Charfauros Operations Manager Title: 8340 Juniper Creek Lane, San Diego, California [8581 688-4000 Fax (858] 689 4035 H#780818