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HomeMy WebLinkAboutSouthwest Pipeline and Trenchless Corp; 2012-04-27; PW12-16-UTILPUBLIC WORKS PWL12-16UTIL LETTER OF AGREEMENT This letter will serve as an agreement between Southwest Pipeline and Trenchless Corp., a California corporation (Contractor) and the City of Carisbad (City). The Contractor will provide all equipment, material and labor necessary to do an emergency repair to a broken sewer main line with cured in place fiberglass pipe liner, per the Contractor's proposal dated November 1, 2011, and City specifications, for a sum not to exceed two thousand two hundred fifty dollars ($2,250). This work is to be completed within one (1) [working/calendar] day. ADDITIONAL REQUIREMENTS 1. City of Carisbad 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 Carisbad 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 Co^e sections 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. DO init K(\ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Cityof Carisbad to disqualify the Contractor from participating in contract bidding. 0\) init 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. ~ 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 ofthe 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: Clavton Dobbs. Utilities. Wastewater (Project Mgr) (Department) Southwest Pipeline and Trenchless Corp.. a Califemra^sqcporation. 5959 El Camino Real (Address) A-773862 Carisbad. CA 92008 PRESIDENTmiEASUREWRMO SOUTHWEST PIPEUNE/SsiS^ TRENCHLESS CORR (Print Name and Title) ROBERT E.BOLGER. JR. SECRETARY SOUTHWEST PfPEUNE AND TI^NCHLESSCORR (Sign Here) Department Head (Print Name and Title) 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 (!Tity Attorney 2 ~ Revised 9/28/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles } On March 26, 2012 before me, Sharon Ines Farmer, Notary Public Qate Here Insert Name and Title of the Officer personally appeared Justin P. Duchaineau and Robert E. Bolger, Jr. Name(s) of Signer(s) MM <^«n»iiMlon # 1800938 Motary PHMic. CaMomia Loa Ansatea Comty s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -ie/are subscribed to the within instrument and acknowledged to me that hei^ehe/they executed the same in hisA^er/their authorized capacity(ies), and that by hio/hor/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 Califomia that the foregoing paragraph is true and correct. WITNESS my hap^ and official seal. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public 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: Capacity(ies) Claimed by Slgner(s) Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 BOARD OF DIRECTORS RESOLUTION SOUTHWEST PIPELINE AND TRENCHLESS, CORP. January 5,2012 The undersigned being all of the members of the Board of Directors of Southwest Pipeline and Trenchless Corp., a Califomia Corporation, certify that the Bylaws of the corporation authorize the directors to act by unanimous consent. Pursuant to Section 307 (b) of the Califomia General Corporation Law and the Bylaws of the corporation, the undersigned acknowledges their continuing consent to adoption ofthe following resolution as the act of the Board of Directors of the Corporation RESOLVED, that Justin P. Duchaineau 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 is effective on January 5,2012 and will remain in full force and effect for pertinent documents signed hereafter. RESOLVED, that Robert E. Bolger 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 is effective on January 5,2012 and will remain in full force and effect for pertinent documents skned hereafter. ohir^. Colich, Member of Board of Directors nine T. Colich, MemberotBoard of Directors