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HomeMy WebLinkAboutVaughn Irrigation Services Inc; 2012-12-12; PKRC522PUBLIC WORKS LETTER OF AGREEMENT Repair of Irrigation Pump Station at Valley Jr. High (PKRC522) This letter will serve as an agreement between Vaughn Irrigation Services, Inc., an irrigation company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor to repair irrigation pump station equipment at Valley Jr. High, per the Contractor's proposal dated October 30, 2012 and City specifications, for a sum not to exceed Four Thousand Four Hundred and Thirty dollars and Fifteen cents ($4,430.15). This work is to be completed within 21 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, 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 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 City. 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 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. 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, 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 shall be aware of and comply with California 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 and Remediation Projects (Order No. -- 1 -- Revised 9/28/00 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 permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. D. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. E. 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 overhead. 6. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act-Iiaki^nraent Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. init 'TAV/ init 7. The Contractor hereby acknowledges that debarment by another jurisdlcljDn is gpdunds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding,-ffi5j/_ init (nV init 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, California. 9. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at contractor's discretion. // // // // // // // -- 2 -- Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Paul Harrison Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Project Mgr) Parks & Recreation 1166 Carlsbad Village Dr. (Department) (Address) Vaughn Irrigation Services. Inc. (Name oif Contractor) (Sigh Here) C27-627278 (Contractor's License Number) (Print Name and Title) ^Y€<,^^^0 (E-mail /Vddress) (Sign Here) (E-mail Address) epartment Head (Print Name and Title) ^Ori^i Date (Proper notarial acknowledgment of execution by Contractor must be attached. PLEAS&SEE ATTACHED NOTARIAL CERTIFICATE. 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 At| BY: _. ^ Ipoputy ^^y^^orney Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I I I I i i I i I I I I i i t i I i I I I I I i I State of California countvof vCan Pi^^ On il|2^|Z0|2 } •Date personally appeared before me, (AMI, fiO\or^ f^io ( Here Insert Name anoTitle of the Officer Name(s) of Siqner(s) ^ 1 OFFICIAL SEAL RUBY CRUZ NOTARY PUBLIC-CALIFORNlAi COMM. NO. 1981849 " SAN DIEGO COUNTY MY COMM. EXP. JUNE 14,2016 J who proved to me on the basis of satisfactory evidence to be the person(^ whose name^p^e/s subscribed to the within instrument and acknowledged to me that he/si itt^y) executed the same in +tiSite^^^ authorize&^apacity(fes), and that by 'his/heri^^ signatur^ on the instrument the persong) or the entity upon behalf of which the person(g)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL " Signaturetawlc lotary Public Though the information below is not required by law, it may prove valuable to persons 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): Individual Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) l,gm VAUGHN IRRIGATION SERVICES, INC. Lie #C27-627278 PO BOX 460037 ESCONDIDO, CA 92046-0037 PH (760)747-0353 FAX (760) 747-5215 PROPOSAL AND ACCEPTANCE City of Carlsbad - Parks Dept STREET CnY. STATE AND ZIP CODE ATTW: Paul Meadows F^H6NE DATH 10/30/2012 JOB NAME Valley Park Irrigation Pump JOB LOCATION Park site at Valley Jr. High We hereby submit specifications and estimates for Repair of irrigation pump statbn equipment including: 1. Disassemble, clean and install new Cla Valve servrce kits and pilot control items. 2. Installation of four new stainless steel pressure gauges on pump assembly equipment 3. Remove and replace the existing lOhp pump motor. 4. Provide assistance to Parks Dept staff to correct adaptor flange leak. 5. Provide the Cla Valve repair kits, new 10 hp pump motor, flange gaskets and adaptor flange. 6. Perfomi start up and adjustment of repaired Cla Valve and new pump motor. 7. Test repaired 4" piping flange connections for leaks. Note: All existing flange bolts are to be reused as is. City of Carlsbad Paries Dept. staff understood to provide at site labor to participate in repair of the 4" flange leak repair and motor replacement. Pari<s Dept. staff to also be present to provide assistance when performing pressure control adjustments, etc. Estimated time for completion: 2 days. We propose hereby to fumish material and labor-complete In accordance with above specifications, for the sum of: Four thousand four hundred thirty and 16/100 dollars $4,430.15 Payment to be made as follows: Due upon completion. ^ It is hereby agreed that any costs arising for o^lection of amount due, such as attorney fees, expenses and court costs will be piOd by customer. All delinquent amounts subject to Service Charge of 21% per Anni, AH material is guaranteed to be as specified. AH work to be completed In a workmanlSte manner Authorized according to standard practices. Any alteration or deviation from above specifications Involving Signature extra costs wHI be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our Note: This proposal may be control. Owner to cany Are, tornado and other necessary insurance. Our workers are fully withdrawn by US if not accepted covered by Worknwn's Compensatton Insurance. within 30 days. Acceptance of Proposal The above prk»s, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made as outiined above. Date of Acceptance. Signature Signature NOTICE TO OWNER: Contractors are required by law to be licensed and regulated by the contractors' state license board. Any questions concerning a contractor may be refened to the registrar of the board whose address is: Contractors License Board, PO Bjox 26000 Sacramento, CA 95826.