HomeMy WebLinkAboutDan Vaughn Masonry And Concrete; 2014-03-27; PKRC535Tracking #:PKRC535
CITYOFCARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Alga Norte Park Scorer Table Top and Bench Height Adjustment (PKRC535)
This letter will serve as an agreement between Dan Vaughn Masonry & Concrete, a masonry and
concrete company (Contractor) and the City of Carlsbad (City). The Contractor will provkle all equipment,
material and labor necessary to modify the scorer table top and bench top heights by saw cutting 8" from
bottom of top at grout joint and adding 2 blocks on table and bench in 3 areas, per the Contractor's
proposal dated March 27, 2014 and City specifications, for a sum not to exceed Four Thousand Eight
Hundred dollars ($) 4,800. This work is to be completed within 20 working 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 hokl
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 ofthe 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 ioss or damage
was caused solely by the active negligence ofthe City. The expenses of defense include all costs and
expenses, including attomey's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall fumish policies of general liability insurance, automobile liability insurance and a
combined policy of workers compensation and employers liabilfty in an insurable amount of not less
than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the Risk
Manager 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 gukle 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 rnsurance with contracting department prfor 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, Califomia Labor
Code) and the "Immigration Refomn and Control Act of 1986" (8USC, Sections 1101 through 1525), to
inciude 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 SNaier Quality Control Board,
San Diego Region requirements.
A. Contractor shall not allow any discharges from the constmction 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 constmction
site except in full compliance with the General Waste Discharge Requirements for Ground Water
Extraction and Similar Discharges firom Constmction and Remediation Projecfs (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 Pemirt requirements, the most stringent shall
prevail. All penmit 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 permits, certificates, and licenses
required of him by law for the execution of the wori^. He shall comply with all Federal, State and
local laws, ordinances or mles and regulations relating to the performance of said work.
Scorer Table and Bench Top Modification Alga Norte (PKRC535) - i - city Attorney
Annrm/oH K/1ft/1^
Tracking #:PKRC535
E. The Contractor shall incorporate and comply with all applicable Best Management Practices
(BMPs) during the comptetion of this agreement. Ali work must be in oimpUance with the most
cunrent San Diego Regional Water Quality Control Board (RWQCB) pemirt, Carisbad Municipal
code and the City of Carisbad Jurisdictional Urban 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 rights to implement BMP's to the maximum extent practical, and dedud
payment due or back charge the Contractor for implementation with a 15% maricup for
administration and overiiead.
6. The Contrador may be subject to ciwi penalties for the filing of false claims as set forth in the
Califomia False Claims Act, Government Code sections 12650, etseq.. and Carisbad Municipal Code
Sections 3.32.025, et seo. 'VU init init
7. The Contractor hereby acknowledges that debannent by another jurisdiction's grounds feothe' City of
Cartsbad to disqualify the Contractor firom participating in contract bklding. init init
8. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of
any disputes between the parties arising out ofthis 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 Caiifomia Labor Code when the public worit is not a statewkle concem. Payment of
prevailing wages is at Contractor's discretion.
10. City Contact: Rod nev Nishimoto
760-434-2953
Contractor Contact: Dan Vaughn Masonry & Concrete 760-519-4222
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
Dan Vaughn Masonry & Concrete the State of Califomia
License #450969
Scorer Table and Bench Top Modification Aiga Norte (PKRC535) - 2 - city Attorney
fracking #:PKRC535
1781 Costa Verde Lane
Vista/CA/'92081
(760)519-4222
JJDL83(gsbcg lobal.net
By:
Acgietiiint City ManagBifueputy City Manager or
Department Director
as authorized by the City Manager
Chris Hazeltine
(sign here)
(print name/title)
(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:
CELIAA. BREWER, City Attomey
BY:
Scorer Table and Bench Top Modification Alga Norte (PKRC535) - 3 - city Attorney