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Home My WebLink AboutSouthwest Pipeline & Trenchless Corp; 2011-06-01; PWL11-53UTILPWL11-53UTIL PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Southwest Pipeline & Trenchless Corp., a Underground/Plumbing (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete an emergency sewer sectional liner repair (48 inches long ) at Tamarack Avenue and the railroad crossings, per the Contractor's proposal dated April 30, 2011, and City specifications, for a sum not to exceed Two Thousand Five Hundred dollars ($2,500). This work is to be completed within 1 [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 Cojie sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ,)^) init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding, init 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: Ken Burtech Utilities/Wastewater 5950 El Camino Real Carlsbad, CA 92008 (Project Mgr) (Department) Southwest Pipeline & Trenchless Corp. (Name of Contractor) STEVEN R. VOSSMEYER PRESIDENT/TREASURER SOUTHWEST PIPELINE AND TRENCHLESS CORP. By: (Sign Here) (Print Name and Title) s t eve (jjswp ipeline.com JUSTIN|P. DUCHAINEAU (Sign Here) (Print Name and Title) Junstin@swpipeline.com. 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: Revised 9/28/00 BOARD OF DIRECTORS RESOLUTION SOUTHWEST PIPELINE AND TRENCHLESS CORP. APRIL 20,2009 The undersigned being at! of the members of the Board of Directors of Southwest Pipeline and Trenchless Corp., a California Corporation, certify thai the Bylaws of (be corporation authorize the directors to act by unanimous consent Pursuant to Section 307 (b) of the California General Corporation Law and the Bylaws of the corporation, the undersigned acknowledges tbeir continuing consent to adoption of the following resolution as the act of die Board of Directors of the Corporation RESOLVED, that Steven R. Vossmeyer b authorized as President/Treasurer pursuant to the Bylaws of the corporation to sign any and all contracts, bid bonds, perfonnanw borids, paymem bonds, and other pertinent documents of a nature, for and on behalf of Southwest Pipeline and Trenchless Corp. This resolution has been effective since July 24,2007 and it remains in full force and effect for pertinent documents signed hereafter. RESOLVED, that Justin P. Duchameau is authorized as Secretary pursuant to the Bylaws of the corporation to sign any and all contracts, bid bonds, pertbraunce bonds; payment bonds, and other pertinent documents of a nature, for and on behalf of Southwest Pipeline and Trenchless Corp. This resolution has been effective since April 20,2009 and it remains in full force and effect fat pertinent documents signed hereafter. M. Colich. Member of Board of Directors ofDirectors COPY SOUTHWEST PIPELINE AND TRENCHLESS CORP. License No. A-773862 539 W. 140th Street Gardena, Ca. 90248 SOLD TO: City of Carlsbad Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 INVOICE Attn: Don Wasko Teie: 760.433.2722 Mob9e: 760.802.4773 Fax: 760.431.1601 email: don.wasko@carisbadca.gov INVOICE NUMBER INVOICE DATE OUR ORDER NUMBER YOUR ORDER NUMBER TERMS CONTRACT NO. 025-CA5-1 4/30/2011 Net 30 days Bid (tern QUANTITY 1.0 DESCRIPTION City of Carlsbad Emergency Repairs Sectional Liner Repairs-4 feet «\ UNIT PRICE S 2,500.00 SUBTOTAL Questions concerning this invoice? Total Call: Steve Vossmeyer MAKE ALL CHECKS PAYABLE TO: 31 0.329.871 7 Southwest Pipeline & Trenchless Corp. AMOUNT S 2,500.00 2,500.00 2,500.00 PAY THIS AMOUNT RECEIVED '"KAY-9 2011 " City of Carlsbad Waste Water-Storm Water Divoion AMOUNT: ACCOUNT: APPROVED BY: BATCH NO, P0#_..PARTIAL FULL Taxable:. Sales Tax on invo«e: