Loading...
HomeMy WebLinkAboutWestern Pump Inc; 2013-11-21; PWL14-23PEMPWL14-23PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FUEL MANAGEMENT SYSTEM PROJECT ($5000 or less) This letter will serve as an agreement between Western Pump Inc a California corporation (Contractor) and the City of Carlsbad (City) The Contractor will provide all equipment matenal and labor necessary to install one (1) new field management system terminal per the Contractors proposal dated October 22 2013 and City specifications for a sum not to exceed three thousand nine hundred fifty dollars ($3950) This work is to be completed within 183 calendar days after issuance of a Purchase Order and as per the directions from the project manager 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 descnption directly or indirectly ansmg 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 ail 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 IVIanager or the City IVIanager 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 Bests Key Rating guide of at least A- V and (2) are admitted and authonzed 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 pnor 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 venfying 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 seg fifi- init init FUEL MANAGEMENT SYSTEM PROJECT - 1 City Attorney Approved 6/18/13 PWL14-23PEM 6 The Contractor hereby acknowledges that debarment by another junsdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding A(L imt init 7 The Contractor agrees and hereby stipulates that the proper venue and junsdiction for resolution of any disputes between the parties ansmg out of this agreement is San Diego County California 8 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 9 City Contact Stephanie Harnson, 760-602 2778 or Joe Garuba. 760 434-2893 Contractor Contact Rvan Shadburn. 619-239 9988 CONTRACTOR WESTERN PUMP INC a California corporation 3235 F Street San Diego CA 92102 619-239-9988 rvans(a>westernpump com CITY OF CARLSBAD a municipal corporation of the State of California By (sign here) Ryan E Rethmeier/President (pnnt name/title) Janice C Rethmeier/Secretary (pnnt name/title) By Assictant City IsTot^figbr Doputy City Managor OP Department Director as authonzed by the City Manager (Proper notanal 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 empowenng the officer(s) signing to bind the corporation ) APPROVED AS TO FORM CELIA A BREWER City Attomey BY ssistant City Attorney FUEL MANAGEMENT SYSTEM PROJECT City Attorney Approved 6/18/13 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 673853 DISCLAIMER A license status check provides information taken from the CSLB license database Before relying on this information, you should be aware of the following limitations CSLB complaint disclosure is restncted by law (B&P 7124 6) If this entity is subject to public complaint disclosure a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information Per B&P 7071 17 only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration Due to workload there may be relevant information that has not yet been entered onto the Board s license database License Number Business Information Entity Issue Date Expire Date License Status Classifications Certifications Bonding 673853 Extract Date 11/4/2013 WESTERN PUMP INC Business Phone Number (619) 239 9988 3235 F STREET SAN DIEGO CA 92102 Corporation 07/01/1993 07/31/2015 ACTIVE This license is current and active All mformation below should be reviewed CLASS DESCRIPTION D40 SERVICE STATION EQUIPMENT AND MAINTENANCE A GENERAL ENGINEERING CONTRACTOR CIO ELECTRICAL CERT DESCRIPTION HAZ HAZARDOUS SUBSTANCES REMOVAL CONTRACTOR S BOND This license filed a Contractors Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number 100199049 Bond Amount $12 500 Effective Date 06/25/2012 Contractors Bond History BOND OF QUALIFYING INDIVIDUAL https //www2 cslb ca gov/OnlineServices/CheckLicensell/LicenseDetail aspx'^LicNum=67 11/4/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 1 The Responsible Managing Officer (RMO) RETHMEIER DENNIS DALE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date 07/01/1993 2 This license filed Bond of Qualifying Individual number 100225296 for MIZICKO MICHAEL CHRISTOPHER in the amount of $12,500 with AMERICAN CONTRACTORS INDEMNITY COMPANY Effective Date 06/20/2013 BQI s Bond Historv WORKERS COIVIPENSATION This license has workers compensation insurance with LIBERTY MUTUAL FIRE INSURANCE COMPANY Policy Number WC2Z91458968013 Effective Date 04/01/2013 Expire Date 04/01/2014 Workers Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses Workers Compensation Personnel List Other Licenses Conditions of Use j Pnvacv Policy Copynght © 2010 State of California https //www2 cslb ca gov/OnlineServices/CheckLicensell/LicenseDetail aspx'?LicNum=67 11/4/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of F':3OU^\X>\€^0> } Date Here Insert Name and Titleof the Officer personally appeared k\iAy\t. Rftf-UyxlgJ g LB A ^i^\mPJ Pf , J Name(s) of Signer(s) 'sTEPHAN'IE'SUSANNE CORREIA \ Commission # 1919313 ^ Notary Public California r fj San niego County | Myt^"""" F«oiresJan26 2015 ^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-48/are subscribed to the within instrument and acknowledged to me that •he/sbe/they executed the same in tue/her/their authorized capacity(ies) and that by-hio/hcr/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument I 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 Signature of Notary Public Though the informatton below ts 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 Document Signer(s) Other Than Named Above rtem or tnis rorm to anoiner aocumeni Feel (/Hmi^sgemi^ s,ijfU*^ Proper Number of Pages Capacity(ies) Claimed by Signer(s) Signers Name • Individual ^ ^ , . ^ Corporate Officer — Title(s) rc^^.l 0€*q • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other Signer Is Representing niGHT THUMBPRINT OF SIGNER Top of thumb here bjaner is Hepresenting Signers NamelT^^^^g-^ Rej-Um^eT • Individual . ^Corporate Officer —Title(s) S>»<tC/'gTaLJf U • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Represepling ©2007 National Notary Association 9350 De Soto Ave POBox2402 Chatsworth CA 91313 2402 wwwNationalNotaryorg ltem#5907 Reorder Call Toll Free 1 800 876 6827 MEMBER WESTERN PUMP, INC. ifEk petroleum & lubrication equipment specialists October 22 2013 Quotation #CAR102213 Mr Tony Winney CITY OF CARLSBAD 405 Oak Ave Carlsbad CA 92008 Tel (760) 434 2925 Email tony wimiey@carlsbadca gov RE FUEL MANAGEMENT SYSTEM PROJECT - Scope of Work and Quotation Install one (1) new Fuel Management System Terminal at the City ofCarlsbad Fueling Facility located at 2480 Impala Dr Carlsbad CA 92208 Westem Pump Inc is pleased to offer the following Quotation SCOPE of WORK (Fuel Management Svstem) • Discormect all fuel system electrical • Remove and properly dispose of one (1) existmg Fuel Management System Terminal • Mount one (1) new Customer Supplied Island Terminal Fuel Management Pedestal in the previous location • Make necessary connections on four (4) existmg mechamcal pumps • Clean up all trash and debns caused by our work Our Budgetary Price for the Above Scope of Work is $3.950 00 NOTES 1 Above pnce includes all barricades for site safety 2 Above price excludes any/all equipment (supplied by customer) 3 Above pnce excludes providing or installing any Main Electncal Panels (tying into existmg) 4 Above pnce excludes any/all Repairs to existmg defective Equipment (Fuel Dispensers, Flow Meters Electncal Wiring etc) 5 Above pnce excludes any/all start up programming and training on fuel management system (by others) 6 Above pnce excludes prevailing wage rates 7 Above price is based on a maximum of 32 total man hours and utilizing existing electrical wires and conduit runs If additional work is required Westem Pump will be compensated at a rate of $80 00 per man hour plus materials 8 Westem Pump Inc shall be compensated for labor at $80 00 per man hour plus matenals at cost plus 18% for additional work performed or delays caused by others 9 Terms based upon credit approval 50% deposit balance due net 30 days upon receipt of invoice(s) 10 Quotation is valid for Sixty (60) days If you have any questions, please do not hesitate to contact me at (619) 578 2199 If proposal and terms are acceptable, please sign below and retum to Westem Pump with your deposit Submitted by Accepted and Approved by Ryan Shadbum Date