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HomeMy WebLinkAboutArrow Pipeline Repair Inc; 2012-10-29; PWL13-15UTILPWL13-15UTIL PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Arrow Pipeline Repair, Inc., a drain-line repair company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary for an emergency repair of a two foot section of sewer line using a liner, per the Contractor's proposal dated September 19, 2012, and City specifications, for a sum not to exceed two thousand four hundred sixty five dollars ($2,465). This work is to be completed within one (1) [working] day after issuance of a Purchase Order. See Exhibit A for location and asset ID. ADDITIONAL REQUIREMENTS City of Carlsbad Business License 1. 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 alt 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 toss 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. 2. 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. 3. 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. 4. 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/^ections 12650, et seq.. and Cartsbad Municipal Code Sections 3.32.025, et seq. p^i init init 5. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for theiJ3iJy of Carisbad to disqualify the Contractor from participating in contract bidding. yt init C.jP init - 1 -- Revised 9/28/00 6. 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. 7. 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 Utilities (Project Mgr) (Department) 5950 El Camino Real Carisbad. CA 92008 (Address) Arrow Pipeline Repair. Inc. (Name of Contractor) By: >ign Here) ill Addres By: (Sign Here) (Contractor's License Number) (Print Name and Title) (Print Name and Title) 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. 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: RONALD R. BALL, City Attorney BY: Deputy City Attorney Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ } OnQS^teer n-7i^ly before me. Ch%<JiA HoAi?* Hi 'UJ>\JX^^^ ^4c: Dale '' 7^ Here insert Name and Tliie o1 Ihe Officer y f Name(s) of Signer^s) personally appeared ^^^dB>^lw^afrtiil>ii«iflto<B>ws!^Aiii<^iii<>iii«^ii<ft«i CASEY MADEIRA-WILCOX Commission # 1893341 ! Notary Public - California : San Diego County My Comm. Expires Jun 20,20141 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persoi^fs)/whose name^is&re subscribed to the within instrument and acknowledged to me that he/she/H^^xecuted the same in his/her/1i(l|i£Krthorized capacit^^ and that by his/her/t^^if^signatuigg on the instrument the personf^, or the entity upon behalf of which the person(i^ef6ted, 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 Signature OPTIONAL Though the information below is not required by law, it may prove vala and could prevent fraudulent removal and reattachment of " Description of Attached Document Title or Type of Document: . Document Date: , wpersons relying on the document to another document. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPfllNT Top of thumb here Signer's Name: • Individual • Corporate Officer— Tltle(s): • Partner — • Limited • Genera! • Attorney in Fact • Trustee • Guardian or Conservator • Other: '. Signer Is Representing: RIGHTTHUMBPRINT • • OF SIGNER ••' Top of thumb here ©2007 National Notary Assodafion- 9350 De Solo Ave.. P.O.Box 2402-Chalsm,rlh.CA 91313-2402- wwvvr.NalionalNolary.org Hem #5907 ReordenCantoB-Ftee 1-800-876-6827 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUf^ER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 811046 DISCI-AIMER: 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. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Extract Date 10/3/2012 Bonding 811046 ARROW PIPELINE REPAIR INC Business Phone Number: (760) 476-9388 1330 PARK CENTER DR #101 VISTA, CA 92081 Corporation 07/26/2002 07/31/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS C36 DESCRIPTION PLUMBING GENERAL ENGINEERING CONTRACTOR Workers' Compensation CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 138594 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) POST CARLTON LANE III 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: 04/22/2008 WORKERS' COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=81... 10/3/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation Insurance with CYPRESS INSURANCE COMPANY Policy Number: 3300062106121 Effective Date: 07/25/2012 Expire Date: 07/25/2013 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=81... 10/3/2012 Oak & Ocean Streets, Carlsbad, CA - Google Maps Page 1 of 1 Gogle Address Oak Ave & Ocean St Carlsbad, CA 92008 Exhibit A 9/20/12 Emergency Sewer Line Repair 12 ft. south of manhole 15B-7 Cypress Ave Coaster •4^ Pi7/a Port Car*st>aci ^ Shop Ding Cftrle .0^ % The ^ O" a. f Iff I* ,1^ ^ Piiie Av . 1 Google - Map data ©2012 Google http://maps.googlexoin/maps?f=q&source=s_q&hl=en&geocode=&q=Oak+%26+Ocean+... 9/24/201^ 1330 Park Center Drive Suite 101, Vista, CA 92081 Phone: 760-476-9388 Fax: 760-476-0090 PROPOSAL Date: 9-19-12 City of Carlsbad 5950 El Camino Real Carlbad, Ca. Ken Burtech 760-828-5347 Email:kenburtech@carlsbadca.gov JOB ADDRESS/PROJECT: Manhole cross streets Oak and Beach / 2 foot spot liner. JOB DESCRIPTION: Through the manhole located at the cross streets of Oak and Beach we will install a two foot spot repair liner twelve feet upstream from a manhole that is 9feet deep. We will do this without any disruption in sewer service. We will install liner in the morning of September 20,2012. ESTIMATE: $2465.00 Includes all materials, parts, equipment and labor for all work as described. Notes: Bid goodfor 30 day Any unforeseen problems found, management will be notified immediately. Wor/c to be scheduled upon receipt of approved proposal Net due upon completion. Past due accounts are subject to additional charges for all reasonable collection and attorney's fees. Service charge ofl% per month (12% per annum) will be charged on all past due accounts. Respectfully submitted, Bill Schramm, 760-265-8925, Arrow Pipeline, Pacific Drain. For proposal acceptance: Please sign: Date: