HomeMy WebLinkAboutDan Vaughn Masonry and Concrete; 2012-07-24; PKRC519PUBLIC WORKS
LETTER OF AGREEMENT
Aviara Park Restroom Sidewalk (PKRC519)
This letter will serve as an agreement between Dan Vaughn Masonry and Concrete, a masonry
and concrete company (Contractor) and the City of Carlsbad (City). The Contractor will provide
all equipment, material and labor necessary to remove existing soil and construct a new
concrete sidewalk around Aviara Park restroom area, per the Contractor's proposal dated July
2, 2012 and City specifications, for a sum not to exceed Three Thousand Five Hundred Seventy
dollars ($3,570). This work is to be completed within 21 calendar days after issuance of a
Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Cartsbad 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 ali 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 ail costs and expenses, including
attomey'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 Attomey or the City Manager. Said policies 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 Califomia 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 ali Federal, State, County and City
Statues, Ordinances and Regulations, including Woriters Compensation laws (Division 4,
Califomia Labor Code) and the "Immigration Refomn 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 shall be aware of and comply with Califomia Regional Water Quality Control
Board, San Diego Region requirements.
A. Contractor shall not allow any discharges from the construction site, which may have an
adverse effect on receiving waters of the United States.
Contractor shall not allow any groundwater extraction water to be discharged from
construction site except in full compliance with the General Waste Discharge
Requirements for Ground Water Extraction and Similar Discharges from Construction
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and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to
submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all
compliance requirements therein, including monitoring, testing, and reporting.
B. In the event of conflict between the Contract and Permit requirements, the most stringent
shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all
issuing agencies, and the Owner before project will be accepted and a Notice of
Completion filed.
C. Contractor shall, at his own expense, procure any additional pennits, certificates, and
licenses required of him by law for the execution of the v/ork. He shall comply with all
Federal, State and local laws, ordinances or rules and regulations relating to the
performance of said work.
E. The Contractor shall incorporate and comply with all applicable Best Management
Practices (BMPs) during the completion of this agreement. All woric must be in
compliance with the most cun-ent San Diego Regional Water Quality Control Board
(RWQCB) permit, Carisbad Municipal code and the City of Carisbad Jurisdictional UrtDan
Runoff Management Plan (JURMP) incorporated herein by reference.
F. The Contractor shall indicate in his submittals methods of compliance, equipment
utilized to insure compliance, training of staff and experience in compliance with
environmental regulations. If in the opinion of the project manager, the Contractor is not
in compliance with this provision CITY reserves the right to implement BMP's to the
maximum extent practical, and deduct payment due or back charge the Contractor for
implementation with a 15% markup for administration and overiiead.
6. The Contractor may be subject to civil penalties for the filing of false clayns as set forth in the
Califomia False Claims Act, GovernmentcGocje dectionsXlkbSDji ^_§eg., and Carisbad
Municipal Code Sections 3.32.025, etseq. W init jJyfA init
7 The. ContrastQLlig'eby acknowledges that debarment by another jurisdiction is grounds for
< thejofty oTcariSja/n to disqualify the Contractor from participating in contract bidding.
1 >ZI/v init l/jnW
8. 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.
9. The City of Carisbad Is a Charter City. Carisbad Municipal Code Section 3.28.130
supersedes the provisions of the Califomia Labor Code when the public work is not a
statewide concem. Payment of prevailing wages is at contractor's discretion.
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TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE
BELOW AND RETURN TO:
Rodney Nishimoto Parks & Recreationi 166 Carlsbad Village Dr.Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Dan Vaughn Masonry and Concrete 450969
(Name of Contractor) (Contractor's License Number)
^ (PrMName (Sign Here) (Pnm Name and Title)
(E-mailAddress)
(PrintHame and Title)
(E-mail Address)
Department Head
(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
BY:
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