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HomeMy WebLinkAboutAFFORDABLE DRAIN SERVICE INC; 2010-09-04; PWL11-07UTILPWL11-07UTIL PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Affordable Drain Service, INC. a plumbing contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to CCTV 8 inch, 10 inch and 12 inch publicly owned sewer lines throughout the City of Carlsbad to be designated by Project manager and provide the city with DVD copy's of all televised work completed. The contractor will provide a CCTV truck with two operators the work will be done on four separate eight hour days to be determined by the contract manager per the Contractor's proposal dated August 12, 2010 and City specifications, for a sum not to exceed Five Thousand Dollars ($)$5,000. This work is to be completed within 180 [working/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. 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, elUseq.. and Carlsbad Municipal Code Sections 3.32.025, et sea. 6l& init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is ground the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init £ f 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: James Gusman Wastewater 5950 El Camino Real Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Affordable Drain Services (Name of Contractor) (Sign Here) ^rint Name and Title) .~ ^ri (E-mail Address) Bv:_ (Sign Here) (Print Name and Title) f Department Head 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 BY: Deputy City Attorney^ V - 2 - Revised 9/28/00 ^LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On I2 20(0 before me, IT • \ personally appeared C",TCM£! -ST Here Insert Name andTTtle of the Officer Name(s) of Signer(s) OFFICIAL SEAL A O'LOUGHLIN ,,NOTARY PUBLIC-CALIFORNIA!COMM. NO. 1696249 iSAN DIEGO COUNTY pMY COMM. EXP. OCT. 12,2010 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument arid acknowledged to me that Jje7sfteAhey executed the same in jifs/^rAheir authorized capacity(ies), and that by his/her/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 harwland official seal. Place Notary Seal Above Signature . OPTIONAL - Signature of Notary Public Though the information below is not required toy 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . D Individual D Corporate Officer—Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Signer's Name: Q Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINTi OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Solo AVB., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NatronalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827