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HomeMy WebLinkAboutVaughn Irrigation Services Inc; 2014-12-17; PKRC542Traclcing #: CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Pump and Motor Replacement at La Costa Heights Elementary School (PKRC542) 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 necessary to remove one existing G&L stainless steel irrigation pump and 10hp motor assembly and install new G&L stainless irrigation pump and 10hp motor assembly, per the Contractor's proposal dated October 30, 2014 and City specifications, for a sum not to exceed Three Thousand One Hundred Sixty-Six dollars ($)3,166. 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 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 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 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. 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. Pump & Motor Replacement at La Costa Elementary School (Pkrc529) -i- CityAttorney Approved 6/18/13 Tracking #: 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. E. 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. 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 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, Goj^emmeni Code sections 12650, et seg.. and Carlsbad Municipal Code Sections 3.32.025, et sea. -/-X^ (/ init <Pt\l init 7. The Contractor hereby acknowledges that debarment by another jurisdictloilis arovmds for the City of Carlsbad to disqualify the Contractor from participating in contract blddinsujfj^ (]/ init ^fVV 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, California. 9. 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 10. City Contact: Paul Harrison 760-434-2953 Contractor Contact: Vaughn Irrigation Services, Inc. 760-747-0353 // // // // // // // // // // Pump & Motor Replacement at La Costa Elementary School (Pkrc529) ~2~ CityAttorney Approved 6/18/13 CONTRACTOR Vaugh Irrigation Services, Inc. P.O. Box 460037 Escondido, CA 92046-0037 760-747-0353 Fax: 760-747-5215 Tracking #: CITY OF CARLSBAD, a municipal corporation of the State of California (print name/(ipe) By^ (sign here) or, Doputy City Managor •or Department Director as authorized by the City Manager Chris Hazeltine (print name^ijle) (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. Othenwise, 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, CityAttorney BY: Assistant City Attorney \ Pump & Motor Replacement at La Costa Elementary School (Pkrc529) - 3 City Attorney Approved 6/18/13 California All Purpose Certificate of Acknowledgment State of California County of _^Q3D_Xii£^Q Ks On h/afo/^M , beforeme, ^\<cVo\p. coY>\Qr t notary public, personally Date (Here insert name and title of the officer) appeared "Te-VP-.r. A. Vcvot^Vis \ T\v.viA D- ^Q^^^'livho proved to me on the basis of satisfactory evidence to be the person)^ whose namefg is/^subscribed to the within instrument and acknowledged to me that he/she/(tli9 executed the same in his/her/tOgiP authorized capacity^, and that by his/her/ttieiPsignature(^ on the instrument the person<^, or the entity upon behalf of which the persoii^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OFFtCIALSEAL I M^iS:?2'^'''^'-C0NIERI J '^°'SSJ.?y?'pCALIFORNIAi COMM. Na 1991544 S .iv-SJf'P'^ COUNTY i MY COMM. EXP. SEPT. 17.20161 (Notary Seal) Title or Type of Document_ Document Date Name of Signer_ Title(s) Signer is Representing:_ OPTIONAL SECTION DESCRIPTION OF ATTACHED DOCUMENT Number of Pages_ CAPACITY(IES) CLAIMED BY SIGNER California Acknowledgment 909517.3553 www.Socalnotaryclasses.com VAUGHN IRRIGATION SERVICES, INC. LIC #C27-627278 PO BOX 460037 ESCONDIDO, CA 92046-0037 PH (760)747-0353 FAX (760) 747-5215 PROPOSAL AND ACCEPTANCE PHONE 760-802-8306 10/30/2014 JOB NAME Levante Park irrigation booster pump JOB LOCATION 3035 Levante St. Carlsbaci, CA PROPOSAL SUBMITTED TO City of Carlsbad STREET 1166 Carlsbad Village Drive CrrY. STATE AND ZIP CODE Carisbad, CA 92008-1907 ATTN: Paul Meadows We hereby submit specifications and estimates for: 1. Remove one existing G&L stainless steel irrigation pump and 10hp motor assembly. 2. install one new G&L stainless steel irngation pump ant lOhp motor assembly. 3. Disassemble, clean and install one new OEM Cla-Val service kit into the existing 2" Cla-Val main control valve and the two existing Cla-Val pilot control valves. 4. Perform the start up of the new irrigation pump and the repaired pressure control valve equipment Notes: A. The new pump and motor assembly includes the new motor lead wiring between the new lOhp motor and the existing motor power contactor assembly. B. The indicated scope ofwork is understood to be completed with any on site labor being paid in accordance with local prevailing wage requirements set by the state of California. C. All work included in this proposal is estimated to be completed in 1-2 working days. D. All old equipment items are to be removed from the site by Vaughn Inigation staff. E. It is understood that the total job cost of $6332.00 is to be split 50/50 with the Encinitas Union School District with each entity being invoiced $3166.00. We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: Three thousand one hundred sixty-six and xx/100 dollars $3,166.00 Payment to be made as follows: Due upon completion. it is hereby agreed that any costs arising for collection of amount due. such as attorney fees, expenses and court costs will be paid by customer. All delinquent amounts subject to Service Charge of 21 % per Annum All material is guaranteed to be as specified. All worit to be completed in a worl<manlil<e manner Authorized according to standard practices. Any alteration or deviation from above specifications involving Signature extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon stril<es, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made as outlined 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 referred to the registrar of the board whose address is: Contractors License Board, PO Box 26000 Sacramento. CA 95826.