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HomeMy WebLinkAboutAyala Engineering; 2013-07-11; PWL13-50UTILPWL13-50UTIL PUBLICWORKS LETTER OF AGREEMENT This letter will serve as an agreement between Ayala Engineering, a sole proprietorship (Contractor) and the City of Carisbad (City). The Contractor will provide all equipment, material and labor necessary to saw-cut into existing concrete channel at the Poinsettia lift station 12 inches deep, 12 inches wide, 48 inches long. Remove and dispose of concrete, remove liner and rebar as encountered and replace with Arrowlock liner, per the Contractor's proposal dated May 14, 2013 and City specifications, for a sum not to exceed one thousand six hundred dollars ($1,600). Work is to be completed within 5 worthing days after issuance of a Purchase Order. • No right-of-way permit required • All Cai OSHA regulations enforced ADDITIONAL REQUIREMENTS 1. City of Carisbad 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 daims, 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 induding 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 daims, toss, 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 indude ail costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish polides 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 Attomey or the City Manager. Said polides shall name the City of Carisbad 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 Caiifomia by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing ofthe contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, induding Woricers 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 daims as set forth in the California False Claims Act, Govemment Code sections 12650, et seq.. and Cartsbad Municipal Code Sections 3.32.025, etseq. Ji^ init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor from partidpating in contract bidding. xW init init - 1 -- Revised 1/30/13 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. 8. PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carlsbad Munidpal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contrador's discretion. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Don Wasko Utilities 5950 El Camino Real Carisbad. CA 92008 (Project Mgr) (Department) Avala Enoineerinq. a sole proprietorship (Name of Contractor) By: (Sign Her; •7 (E-mail Address) (Sign Here) (Address) California dass "A" 959385 (Contractor's License Number) (Print Name and Title) (Print Name and Title) (E-mail Address) 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: CELIA A. BREWER, City Attorney Assistant City Attorney - 2 ~ Revised 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } Date personally appeared before me, _ Heretnsert Name and Title of the Officer Name(s) of Signer(s) OFFICIALSEAL DAREN VASS SAN DIFGO cOlJWfy who proved to me on the basis of satisfadory evidence to be the person(a() whose name(^) is/ar^ subscrit>ed to the within instrument and acknowledged to me that he/st}eAi}ey executed the same in his/i}er/th^ authorized capacity(if s), and that by his/h^r/ti)eir signature(^ on the instrument the person(^, or the entity upon behalf of which the personps) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State oj^alifornia th^t the foregoing paragraph is true and cofred. WITNESS my hand and official seal Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable roT^sb/Jb 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: ^^^--^ '^^^^ ^ ^^^V^^^v^ Document Date: ^ jut^^i^ Number of Pages: Signer(s) Other Than Named Above: Capaclty(jes) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact n Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association* 9350 DeSoto Ave., P.O. Box 2402* (Dhatswortfi,CA 91313-2402»www.NationaiNotary.org ltem#5907 Reorder: Call Toil-Free 1-800-876-6827 j'agc I 01 z DEPARTIVIENT OF CONSUMER AFFAIRS , Contractors State License Board Contractor's License Detail - License # 959385 /is 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. 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 Bonding Workers' Compensation ^59385 Extract Date 4/18/2013 AYALA ENGINEERING Business Phone Number: (714) 823-7179 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Sole Ownership 03/29/2011 03/31/2015 ACTIVE This license is current and active. All information beiow should be reviewed. CLASS DESCRiPTiON A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with WESCO INSURANCE COMPANY. Bond Number: 04WB016962 Bond Amount: $12,500 Effective Date: 03/17/2013 Contractor's Bond History WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2014 Workers' Compensation Histop^ https://www2.cslb.ca.gov/OnlineSemces/CheckLicenseII/LicenseDetail.aspx?LicNum=95... 4/18/2013 1 Cl^^ Ui JL. Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://v^^ww2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=95... 4/18/2013 AYALA ENGINEERING UCENSE #959385 5753 E. Santel^^ Ste.G,#571 Anaheim Ca. 92807 Phbttc: (714) 823-7179 Fax- (714) 912-4571 May 14,2013 City ofCarlsbad 5960 £1 Camino Real Carisbad, CA 92008 Attention: Don Wasko Project: Poinsettia Lift Station Carbbad Califomia Scope: Lining Removal Cnt Trough in Influent Channel and Re-Line Inclusions: Mobilization All Labor and Equipment Confined Space Eatry Procedure Lock Out / Tag Out Prior to entiy Removal of all Liner in the floor area of trough Saw cut existing concrete 10"x 12"x 48" long Removal of existing re-bar as encountered Reline with Arrowlock Linmg System Installers trained by Ameron for the application Testing per manufactures recommendations to include Spark and Probe Testing Assumptions: Work to be performed during shutdown to repair Wet WeU Lining City to provide Vactor Support City to provide bypass as needed to perform task City Staff to monitor bypass Water source provided at Lift Station Worldng Hours will be continuous until completion Exdusions: TraflSc Control / Encroachment Permit Infiltration Control Testing of Entire Structure Removal of any mechanical Total Price: $1,600.00 Sincerely, Ricardo Ayala AYALA ENGINEERING