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Home My WebLink AboutACV Systems LLC; 2010-05-21;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between ACV Systems, LLC, a Limited Liability Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to service and repair Cla-Val Automatic Control Valve at 1977 Palomar Airport Rd., Carlsbad, CA, per the Contractor's estimate dated 3/1/2010 and the District scope of work as outlined in Exhibit "A", for a sum of One Thousand Three Hundred Four dollars and forty two cents ($)1,304.42 plus 20% contingency ($260.88) for a total not to exceed One Thousand Five Hundred Sixty Five dollars and 30 cents ($1,565.30). This work is to be completed within thirty (30) 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 of Carlsbad and the District, 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 District; 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 District. 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 employer's 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 and the District 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 District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, 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 Qolia sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, etseq //^tnit init 6. The Contractor hereby acknowledges that debarment by another jurisdictimta^rounds for the District to disqualify the Contractor from participating in contract biddinq/C^ORtt init 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. Jase Warner (Project Mgr) Water Operations, 5950 El Camino Real (Department) (Address) Carlsbad. CA 92008 (Name of Contractor (Contractor's License Number) (Print Name and Title) (E-mail Address) By: (Sign Here)(Print Name and Title) /- Department Head Date If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A: Chairman, President, or Vice-President *Group B: Secretary, Assistant Secretary, CFOor Assistant Treasurer 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 BY: PLEASE SEE ATTACntu .„, ., uRPOSE ACKNOWLEDGMENT WITH WORDING REQUIRED IN CALIFORNIA FOR NOTARY PUBLIC SEAL Deputy City Attorney' BEST ORIGINAL 9 __nOM 1 /m Exhibit "A" CMWD Cla-Val Maintenance Scope of Work Objective: To keep hydraulic control valves in fully functional condition and correct any problems before they interrupt operations through preventative maintenance. Directions: Check and record upstream/downstream pressures prior to starting work. After District personnel isolate the hydraulic control valve to be serviced, the contractor will begin to safely depressurize the valve and disassemble. Cla-Val factory rebuild kits will be installed on all flow control valves and pilot valves. All hard parts will be inspected and cleaned by the contractor. Any new hard parts needed will be rebuilt, repaired, or replaced with factory parts (when applicable) at the recommendation of the contractor and approval of the District. All screens, strainers, speed controls and tubing will be inspected, and cleaned, or replaced if needed after District approval is obtained. After servicing is complete a District employee will turn on the upstream valve and the contractor will purge all air from the hydraulic control valve and set up pilot controls to achieve District specified pressures with accurate gauges in the presence of a District employee. The contractor will maintain operational control of the valve at all times to prevent pressure surges, spikes, or water hammer. District staff will turn on downstream isolation valves and confirm the hydraulic control valve operates properly. Contractor Responsibilities: All applicable jobsite and employee safety. All traffic control. Starting and completing the job according to a schedule predetermined by the District. Return all removed parts to District staff. 3 year warranty on parts and labor. *Drip tight shutdowns are not guaranteed. no/-M/m CALIFORNIA ALL-PURPOSE State of California County of Riverside OnlAOjU 2A .OQ\0 before me,Notary Public (Here insert name and title of the officer) personally appeared \.>huj\'Q 0 . who proved to me on the basis of satisfactory evidence to be the personfaJPwhose namefl0(yjta(3 subscribed to the within instrument and acknowledged to me that(ne)^h£&fcey executed the same in(nP^^their authorized capacityCjpspand that by J^hp^tMr signature^ on the instrument the persort^j or the entity upon behalf of which the persork^^-cted, 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. EDEN NOBLE} . . •, Cr- • i i i/ifl£*KBBS COMMJ 1811567 MWITNESS my hand and official seal. OffffSsiialH NOTARTPUBUC-CAIJFOIWIA Wj . \uacasKJ RIVERSIDE COUKTT Mr Com. EXP. AUG. 29, 2012 Tf Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT "PcJo Vr. VO or (Title or description of attached document) i(Title or utscnption of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ACV Systems, LLC 31142 Sunningdale Drive Temecula, CA 92591 Estimate Date 3/1/2010 Estimate # 131 Name / Address Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Description Estimate to service and repair two Cla-Val Automatic Control Valves. 6" & 10" 92-01 Cla-Val Combination Pressure Reducing/Sustaining Valve 6" Diaphragm 6" Disc 1 0" Diaphragm 10" Disc CRD Diaphragm CRD Disc Retainer CRL Diaphragm CRL Disc Retainer Labor Note: Quote is to replace all rubber parts, if hard parts need replacement ie. stems, seats etc. these parts will be billed separately. Qty • I look forward to serving you. 1 1 1 1 2 2 2 2 6 Rate 164.00 31.50 276.00 70.00 16.00 28.50 16.00 34.00 85.00 Project Total 164.00T 31. SOT 276.00T 70.00T 32.00T 57.00T 32.00T 68. GOT 510.00 Subtotal $1,24050 Sales Tax (8.75%) $63 92 lOtal $1,304.42