HomeMy WebLinkAboutCla-Val Co; 2010-03-17;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between CLA-VAL Co., a Corporation (Contractor) and the
Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material
and labor necessary to perform preventative maintenance on valves at Upper El Fuerte Vault,
per the Contractor's quote dated 12/21/2009 and the District scope of work as outlined in Exhibit
"A", for a sum of One Thousand Six Hundred Eighty Nine dollars and ten cents ($)1689.10 plus
20% contingency (337.82) for a total not to exceed Two Thousand Twenty Six and ninety two
cents ($2,026.92). This work is to be completed within thirty (30) calendar 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 harmless the City of Carlsbad and the District, 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 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 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 employer's 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 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 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 seq.. and Carlsbad
Municipal Code Sections 3.32.025, et seq^feJL init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the District to disqualify the Contractor from participating in contract bidding. ^^JLinit init
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.
Revised 02/11/02
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:
Jase Warner Water Operations 5950 El Camino Real, Carlsbad, CA 92008
(Project Mgr) (Department) (Address)
(Name of Contractor)(Contractor's License Number)
(Sign Here) ~ ~V*
cA<x- Vg\ t.
,
(Print Name and Title)
(E-mail Address)
(Print Name and Title)
Date
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:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
- 2 -Revised 02/11/02
Exhibit "A"
CMWD Cla-Val Maintenance Scope of Work
Objective: To keep hydraulic control valves in fully functional condition and correct any problems
before they interrupt operations through preventative maintenance.
Directions: Check and record upstream/downstream pressures prior to starting work.
After District personnel isolate the hydraulic control valve to be serviced, the contractor will begin
to safely depressurize the valve and disassemble.
Cla-Val factory rebuild kits will be installed on all flow control valves and pilot valves.
All hard parts will be inspected and cleaned by the contractor. Any new hard parts needed will be
rebuilt, repaired, or replaced with factory parts (when applicable) at the recommendation of the
contractor and approval of the District.
All screens, strainers, speed controls and tubing will be inspected, and cleaned, or replaced if
needed after District approval is obtained.
After servicing is complete a District employee will turn on the upstream valve and the contractor
will purge all air from the hydraulic control valve and set up pilot controls to achieve District
specified pressures with accurate gauges in the presence of a District employee. The contractor
will maintain operational control of the valve at all times to prevent pressure surges, spikes, or
water hammer.
District staff will turn on downstream isolation valves and confirm the hydraulic control valve
operates properly.
Contractor Responsibilities:
All applicable jobsite and employee safety.
All traffic control.
Starting and completing the job according to a schedule predetermined by the District.
Return all removed parts to District staff.
3 year warranty on parts and labor
*Drip tight shutdowns are not guaranteed.
- 3 - Revised 02/11/02