HomeMy WebLinkAboutSOUTHWEST PIPELINE AND TRENCHLESS CORP; 2010-09-16; PWS11-08UTILPWS11-08UTIL
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LETTER OF AGREEMENT
This letter will serve as an agreement between Southwest Pipeline and Trenchless Corp., a
General (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment,
to do two trenchless emergency pipeline repairs at two locations in the City of Carlsbad (Fern PI.
Janis Way) and City specifications, for a sum not to exceed Three Thousand Six Hundred
dollars ($3,600.00). This work is to be completed within 2 [working/calendar] days after issuance
of a Purchase Order.
All work will be done to Cal OSHA specifications.
City will provide right away permit and traffic control.
See Exhibit "A" for complete scope of the work.
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 filipg of false claims as set forth in the
California False Claims Act, Government Code^sejetfons 12650, et_seg.., and Carlsbad
Municipal Code Sections 3.32.025, et seq. j^^ init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is ground* fojx
the City of Carlsbad to disqualify the Contractor from participating in contract bidding, fj/^
init init
Revised 9/28/00
PWS11-08UTIL
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 Utilities 5950 El Camino Real Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
Southwest Pipeline and Trenchless Corporation A-773862
(Namejjf^ontractor) (Contractor's License Number)
PRESIDENT/raeAfSf rocp
(Sign Here) <s (Print Name and Title)
stevetjjswpipeline.com
(E-mail Address)
By:
(Sign Here) (Print Name and Title)
//*
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
- 2 - Revised 9/28/00
U-LINER
WEST
Southwest Pipeline
and Trenchless Corp.
PWS11-08UTIL
National Liner
WEST
539 W. 140th Street, Gardens, CA 90248
*• License No. A-773862 -^
Facsimile Cover Sheet
To: Don Wasko
Company: City of Carlsbad
Phone:
Fax; (760) 431-1601
From: Steve Vossmeyer
Company: Southwest Pipeline
Phone; (310) 329-8717
Fax: (310)329-0981
Date: August 19th, 2010
Pages including this
cover page: 1
Re: City of Carlsbad "Emergency Repairs"
Proposal: 2 Fibergalss Sectional Liners (up to 3 feet ea.)$1,800.00 ea
1 Repair or Replace Existing Sectional Liner $0.00 ea
TOTAL $3,600.00
Scope Includes: Minor Traffic Control
Mobilization
Hydrojet cleaning / root removal as needed
Sectional Liner Installation (Fiberglass, UN/Curing, Epoxy Adhesive)
Pre & Post Video of Repair
Scope Excludes: Permits and Bonds
If Bond required add 2%
Bypass
Removal of heavy debris from mainline
Major Traffic Control (Flagmen & Arrow boards)
E &LA.
BOARD OF DIRECTORS RESOLUTION
SOUTHWEST PIPELINE AND TRENCHLESS CORP.
APRIL 20,2009
The undersigned being all of the members of the Board of Directors of Southwest Pipeline and Trenchless
Corp., a California Corporation, certify that the Bylaws of the 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 their continuing consent to adoption of the
following resolution as the act of the Board of Directors of the Corporation
RESOLVED, that Steven R. Vossmeyer is authorized as President/Treasurer pursuant to the Bylaws of
the corporation to sign any and all contracts, bid bonds, performance 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 July 24,2007 and it remains in full force and effect for pertinent
documents signed hereafter.
RESOLVED, that Justin P. Duchaineau is authorized as Secretary pursuant to the Bylaws of the
corporation to sign any and all contracts, bid bonds, performance 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 k remains in full force and effect for pertinent
documents signed hereafter.
bhn M. Colich, Member of Board of Directors
flaiUne T. Colich, Member orfioard of Directors