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HomeMy WebLinkAboutVaughn Irrigation Services Inc; 2010-03-29; PKRC483PUBLIC WORKS LETTER OF AGREEMENT 6" Recycled Water Backflow at Poinsettia Park (PKRC483) 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 (1) remove and replace the existing 6"(inlet and outlet gate valves, with items supplied by City of Carlsbad Parks Department (existing gate valves are adjacent to the 6" backflow device, and the new valves are to be same type as existing), (2) provide and install 1 - 6" - model 580 Cla Val check valve on to the inlet riser of the 6" recycled backflow device. (580 check valve to be fitted with the optional stainless trim, Buna seat ring, and 3m epoxy coating), (3) provide and install 1 - 6" ductile iron and concrete lined spool onto the outlet riser of the recycled backflow assembly, (4) provide assistance in removal of the unused irrigation booster pump when at the site performing steps #1,2,3 above (City of Carlsbad Parks Department staff to remove and transport booster pump equipment from the site), plus additional items listed in the "Notes", per the Contractor's proposal dated January 27, 2010 and City specifications, for a sum not to exceed Four Thousand Four Hundred and Thirty- six dollars ($4,436). 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. Revised 9/28/00 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, GovemmeRLCode sections 12650, iet seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. 7p^> [/ init •xfv init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for City of Carlsbad to disqualify the Contractor from participating in contract bidding. l/_init /t\l 'n't 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 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. 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) (Department) (Address) Vaughn Irrigation Services. Inc. C27-B27278 (Name of Contractor) (Contractor's License Number) /./jl T). 1/gga Lv - (Sign Here) (Print NameJand Title) , C,OrY\ • vuu^w (Sign Here) " (Print Name and Title) Vauirr fa (E-mail Adjftres 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. BAtL^City Attorney BY: ity Attorney -- 2 ~ Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date ' personally appeared //^before me, D. Here Insert Name and Title of the OfficeiVaugh n"" Narnfe(s) of Sigher(s) SARAH BAKER CommlMton * 1757196 Nototy PubWc - CoNfomto f Son Dtego County ' M^Cornm. Bm»e« JU19.3011 I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person{s)- whose name{6) is/afe- subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/her/therr authorized capacity^+esj, and that by his/frer/their signature^ 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. Signature OPTIONAL - 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: n Individual D Corporate Officer — Title(s): LJ Partner — D Limited D General n Attorney in Fact LI Trustee Li Guardian or Conservator n Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual U Corporate Officer — Title(s): D Partner — D Limited n General D Attorney in Fact D Trustee LI Guardian or Conservator L1 Other: Signer Is Representing: RIGHTTHUMBPRINT Oft SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NattonalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California < County of _C On ff}0_JfT^A. IIf ^Qjefore me, personally appeared ISARAH BAKER Commission * 1757*94 Notary Public - CoHfomta i Son Otogo County who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs-) is/are subscribed to the within instrument and acknowledged to me that •he/she/they executed the same in kts/her/toerr authorized capacity^es); and that by his/her/thetFsignaturefs) on the instrument the person(s)ror 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. .^£Signature of Notary PublicSignature ^_ OPTIONAL - Though the information below /s 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: : Individual Corporate Officer — Title(s): '. Partner— Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: : Individual Corporate Officer — Title(s): i i Partner— Limited General j Attorney in Fact Trustee '. Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRIWT OF SIGNER