HomeMy WebLinkAboutSouthwest Pipeline and Trenchless Corp; 2005-01-19;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Southwest Pipeline, a Sewer line rehabilitation
contractor (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment,
material and labor necessary to rehabilitate the sewer line at 1 199 Tamarack Ave, Carlsbad, CA,
per the Contractor's proposal dated December 6, 2004 and City specifications, for a sum not to
exceed Two Thousand Four Hundred Fifty dollars ($)2,450.00. This work is to be completed
within thirty (30) 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" (SUSC, 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, et seq., and Carlsbad
Municipal Code Sections 3.32.025, et seq. k?? init e 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. ,&e
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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.
-- 1 -- Revised 9/28/00
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:
e-1 &bo Carlsbad, CA 92008
(Address)
773862 - Class A
(Contractor’s License Number)
Chris D. Scarratt, President
(Print Name and Title)
cscarratt@swpipeline.con
By: -
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Chris D. Scarratt, Secretary
(Print Name and Title)
January 19, 2005
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 Atthrney
Revised 9/28/00 -- 2 --
State of California
County of LOS Angeles
On January 19th, 2045 before me, Alisha Arthur, Notary Public 3
} SS.
Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public")
Signer's Name:
U Individual
0 Corporate Officer - Title(s):
personally appeared Chris D. Scarratt ,
Narne(s) of Signer($
Signer's Name:
0 Individual
Corporate Officer - Title(s):
El personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) idare subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hidherhheir
signature(s) on the instrument the person@), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
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:
U Partner - c1 Limited 0 General 0 Partner - 3 Limited General
c! Attorney in Fact n Attorney in Fact
0 Trustee Trustee
0 Guardian or Conservator
0 Other:
0 Guardian or Conservator
0 Other:
Signer Is Representing: I Signer Is Representing: /I I It 1 I -1 -
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0 2004 National Notary Association 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827