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Home My WebLink AboutLBI; 2009-11-10;PUBLIC WORKS LETTER OF AGREEMENT FOR CMP REPLACMENT PROGRAM DATE AND GARFIELD STREETS PROJECT NO. 6607 This letter will serve as an agreement between L.B.I., a California contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair 15" corrugated metal pipe bend with new bend by hand excavation methods, per the Contractor's proposal dated September 30, 2009 and City specifications, for a sum not to exceed three thousand seven hundred dollars ($3,700). This work is to be completed within twenty (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 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 may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code/s/ections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. ///A init ~z^~- init 6. The Contractor hereby acknowledges that deoarment by another jurisdiction is ground the City of Carisbad to disqualify the Contractor from participating in contract bidding. init ^s^" ^ init Revised 9/28/00 7. 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. 8. 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Sherri Howard Public Works. Engineering 1635 Faraday Ave. Carlsbad. CA 92008 (Project Mgr) (Department) (Address) L.B.I. (Name of Contractor) (Contractor's License Number) By:_ (Sign Here) (Print Name and Title) By: (E-mail Address) ^> t^V/A . ^/- \ * (Sign Here) (Print Name and Title) (E-mail Address) y. I eparMiDeparfitient Head u / Date (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 BV: 'Deputy City Altornev - 2 - Revised 9/28/00 Engineers- Builders A & B 886374 www.lucoscompany.com MBE/SBE Certification: Metro File #5034 DBE Certification: CUCP #37039 September 30, 2009 Sherri L. Howard Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92005 Dear Ms. Howard, Thanks for taking the time meet us in the field on such short notice, find below our proposal for the repair of the Storm Drain as discussed. We are giving you the option of Felt liner with polyester or using Glass liner with epoxy. Bid Item 1 2 / aV' A Description Units Price Repair 15" CMP 45 degree bend with new bend by hand 1 LS 3,700 excavation methods. Remove existing CMP bend and install new bend. Repair Crushed Section of CMP by the pathway 1 1$^-^^ 5,000/ CIPP 15" CMP Storm During using steam 15" x 7.5 mm Liner 1 LS /l^fcea^ CIPP 15" using Fiberglass liner 15" x 4 mm with UV curing 1 LS 34,000 Totals $3,700 / $5,000 $17,600 $3>000 Inclusions: Item Description 1 1 mob for item 1 am4-l mob for options 2 and-3 Exclusions: 1 Major Traffic Control (K-rails and or Certified TC plans and TC) 2 Permits, Engineered TC Plans, Bond (add 3.5 %) and Job Water will be supplied by GC 3 Contaminated Debris will be handled by owner If you have any questions please call me at 760-224-0100 or Willie at 562-201-4036. The above bid is predicated on prevailing project conditions (visual site inspection) and information provided by the owner. Respectfully, Lucas Builders, Inc Sam Silva L. B. I. 126 San Lorenzo Street Pomona CA 91766 Ph. (760) 224-5458 Fax. (760) 689-4917 MBE/SBE Certification: Metro File #5034 - DBE Certification: CUCP #37039