CONTRACT 7105 Maintenance and Repair AgreementAgreement No. 7105 --
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
BACKFLOW APPARATUS & VALVE COMPANY
This MAINTENANCE AGREEMENT is entered into this 1 ST day of July, 2024, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and BACKFLOW APPARATUS & VALVE COMPANY ("SAVCO"), a
CALIFORNIA CORPORATION ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR a sum
not to exceed Nine Thousand dollars (9,000.00) for CONTRACTOR's
services. CITY may modify this amount as set forth below. Unless
otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "B," which is incorporated
by reference. CITY will pay such amount promptly, but not later than 30
days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from July 1, 2024, to June 30, 2025. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing vehicles, transportation„ office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever`neexcept as herein otherwise expressly .specified to be
furnished by CITY„ cessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES.
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Agreement o. I IDS
A. Pursuant to Labor Code § 1720, and as specified iri 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing.
wages. It is CONTRACTOR's responsibility to interpret and implement
any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage
laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must
post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
When employment in the area of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
ii. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state-wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
Page 2 of 8 Rev 4/4/24
any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
vii, Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex-ofFcio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified
payroll records showing the name, occupation, and the actual per diem
wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that
CONTRACTOR has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed except at CONTRACTOR's own risk until written
instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONTRACTOR will procure and maintain
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Agreement o. 7105
the following types of insurance with coverage limits complying, at a
minimum, with the limits 'set forth below:
Typ of Insurance Limi ,s combined sin le
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements
of ISO-CGL Form No. CG 00 01 1185 or 88. The amount of insurance set
forth above will be a combined single limit per occurrence for bodily injury,
personal injury, and property damage for the policy coverage. Liability
policies will be endorsed to name City, its officials, and employees as
"additional insureds" under said insurance coverage and to state that such
insurance will be deemed "primary" such that any other insurance that may
be carried by City will be excess thereto. ,Such insurance will be on an
"occurrence," not a "claims made," basis and will not be cancelable or
subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by City from
time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. CONTRACTOR will require its insurer to
modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6
of this Agreement; and
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Agreement No. 7105
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against
any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, arising out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from CONTRACTOR's removal,
remediation, response or other plan concerning any Hazardous Waste
resulting in the release of any hazardous substance into the environment.
Should CITY be named in any suit, or should any claim be brought against
it by suit or otherwise, whether the same be groundless or not, arising out
of this Agreement, or its performance, CONTRACTOR will defend CITY
(at CITY's request and with counsel satisfactory to CITY) and will
indemnify CITY for any judgment rendered against it or any sums paid out
in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the
law of the State of California and that if any portion is held invalid, it is
agreed that the balance will, notwithstanding, continue in full legal force
Page 5 of 8 Rev 4/4/24
and effect.
D. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any
approval of said insurance by CITY, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by
CONTRACTOR pursuant to this Agreement, including, without limitation,
to the provisions concerning indemnification.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which is it performed. CONTRACTOR will be free to contract for
similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
10. NOTICES.
All notices given or required to be given pursuant to this Agreement will be in writing and
may be given by personal delivery or by mail. Notice sent by mail will be addressed as
follows:
If to CONTRACTO If to CITY:
Attention: Greg Purzycki
Attention: Anthony Esparza
Backflow Apparatus & Valve Company
City of El Segundo
20435 S. Susana Rd.
400 Lomita St.
Long Beach, CA 90810
El Segundo, CA 90245
(310) 639 - 5231
(310) 524 - 2746
service@bavco.com
aesparza@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
Page 6 of 8 Rev 4/4/24
11. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE.
A. Restriction on Artificial Intelligence Usage. CONTRACTOR must not utilize,
employ, or incorporate any form artificial intelligence, machine leaming, or
other similar technologies (collectively, 'Al") in the provision of professional
services in this Agreement without CITY's express written consent.
B. Exclusions. The Al prohibition set forth directly above will not apply to
general business tools and software that may have Al components but are
not directly involved in the execution or delivery of professional services that
this Agreement covers, provided that such tools and software do not
significantly impact the quality or nature of such services.
C. Notification. CONTRACTOR must promptly notify CITY, in writing, of any
proposal to employ Al in connection its provision of services to the CITY
under this Agreement. CITY will have the sole discretion to grant or deny
such proposal.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character,
14. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute
a waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of Califomia, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
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Agreement No. 7105
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratifications by the El Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and warrant
that all necessary action has been taken by the Parties to authorize the undersigned to
execute this Agreement and to engage in the actions described herein. This Agreement
may be modified by written agreement. CITY's city manager may execute any such
amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so executed constitute
one Agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code § 15.5, the
Parties agree that this Agreement, Agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be considered
signed when the signature of a party is delivered by electronic transmission. Such
electronic signature will be treated in all respects as having the same effect as an
original signature. CONSULTANT warrants that its signatory (or signatories, as
applicable) to this Agreement has the legal authority to enter this Agreement and bind
CONSULTANT accordingly.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govem and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' ccontrol, then
the Agreement will immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To
the extent that there are additional terms and conditions contained in Exhibit W that are
not in conflict with this Agreement, those terms are incorporated as if fully set forth above.
There are no other understandings, terms or other agreements expressed or implied, oral
or written.
[SIGNATURES ON FOLLOWING PAGE]
Page 8 of 8 Rev 4/4/24
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Agreement No. 7105 ....
EXHIBIT A
City of El Segundo Backflow Testing and Possible Repair
Scope of Work for Annual Testing and Maintenance of All City Backflow Devices
Fiscal Years 2024 — 2025
Location: The City of El Segundo's Backflow Devices are located throughout the
City. See the attached list for each location and device detail.
Purpose: Backflow devices must be tested annually to protect the City's water
supply and the Public from possible cross -connection hazards. This test carries
the approval of the LA County Department of Health Services.
Scope of Work: Test backflow device that the City owns on an annual basis. The
testing method for each backflow device will depend on the type of protection the
device is providing at each location. Each backflow device must pass the test. If
a backflow device fails, a separate quote for cost of repair or replacement will be
submitted for review based on T & M. From this quote, staff will determine if the
repair work or replacement will be done by this contractor or by City Staff.
All backflow passing test reports must be on file with the City of El Segundo's
Water Purveyor and submitted to the Los Angeles County Department of Health
Services.
CITY OF EL SEGUNDO BACKFLOW DEVICE LIST Agreement No. 7105
Test_Id9
Acci Number Cualomer Name
Addeees 1
Location
Wieemi SIM Assembly Model
Serial ?lumber
Assembly Type
11:375
230OWI-WO ES Scaocr Fields
F2D1 E Madpoan Ave Iwasl
or Man Erlrawa
909
06273
RP
12027
675-20741-001) ES Perks Dept ITeei Mr)
406 E Grata Ave
FroM o1 Properly-IrWaon
1" 525Y
40157+7
RP
12066
ES PARKS DEPT
22C E GRAND AVE
MECHANICAL R001A
z" 975X
46362
RP
12099
ES PARKS DEPT
ACACIA PARK
ACACIA PART(
F' 4009M3
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RP
1;M 3
NoAcct Number ES Planl#4
1501 E Hollj Ave
Ncxl. to Wa1Wee: rA Gm�inols
NIV, 0
r22431
RP
12036
445-73-SID14000 ES Parke Dap
765 W'lnperld AMe
West End of Imperial Strp
Z' 909
173695
RP
11959
C65.14221 AXI) ES Slorrro Oran Plant a 17
1415 E Veperial Ave
Storm Drmn Plant iTl7fCander & IMP Ave
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227540
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12034
23D-164014y]D ES Soccer FIBltle
2201, E Marpose Ave
E3y-Baas For A FIre Service
3 M1" WEI
60Fi145
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Man & Mariposa Sr
NrW Confer c+ Parking Lot
1" 376XL
132650
RP
11955
09543901-WO ES ParksDapi (L.L.Fiab) -
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CaffarNa$ Oak SA'I-Crxnar
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Canlar (slaved 00 Bldk S Sepuli Blvd
1 W, 975XL
1438516
RP
12317
220-07501-MID f$ Packs NO
100 E+Ic, N PACFT , C VAST HIGHWAY
On Island 100 Dlk of Sepuvedo
1" 975XL
1452054
RP
123S4
020-00130-000 ES Packs Dcpl (Pkg. Larl
2W 8IK- Richmond
East Endl of Parkas LO.
314" 975XL
1575613
RP
12014
055.06Ct+-Wc ES Pala -Win Street Irrigation
Grand $ Main ME
Behnd deren,n Fire Slalom Park ng Lc4
7 975XL
16119611
RP
12015
220 1430i-WI) ES Parks Dept
2000 E Grano Ave
C;reea frlediern ti d SepLlyede Cln IirB rd Ava
93S
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220-1611 t-000 ES Soxer F-Mkis
22W C Morip= Ave
300 Fl- West of V rorl Gate
2 975XL
27OD232
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2251 E Maroza. Aye
Wasl5i3a ar DLit,
2" 975XL
3100409
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22041931-000 ES Parks Dept
630 S DCnsg�39 51
On Douglas SLNNW Comar rn Parking Lot
7 975XL
353D599
RP
12C09
025-1 B22?-OM ES PARKS DEPT
RICHMCND AND F RANKLIN
NO Corner Hictmortl l Franklin
71 975%L2
4214360
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9795
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NNW Caner of ES an* R-rhrnam
NAM Griner El Sspjrdo d Rn nmond
2® 975XI-2
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RP `
12010
025-10228-M ES . Perks Npl
Rirhmond and HW
&W Gww Rchinond I Holly
T 976xul
425w4i
RP
4,2W
£S PARKS DEPT
2240 E GRAND AVE
MECHANCAL ROOM
2 975XL2
e637019
RP
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ES PARKS DEPT
2240 E GRAND AVE
MECHANICAL Rdpld
7 975XU
dil=21
RP
2D35
ES PARKS DEPT
224D E GRAND AVE -
MECHANICAL ROOM
71 975XL2
E63ma
RIP
12037
122M6C6T-W0 ES. Parks Dept
640VIR13INI4 ST
-
ON VIRGINIA ST SOUTH OF PALM AVE
T 975XL2
490D937
RP
12D39
M-1f.741"JU ES Parlor Dopt - Dog Pork
911 F, IrripariplAye
911 E Imperial Ave
3ra" 9152%1
4R36 5520
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220.16G11 4"0 5S Somw Vvk1s
22M E Marjm�sD6 Ayo
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RP �
12026
055.16781-WO ES Parks Dept . Dog Park
541 E Imperial Air. -
In the Dag Park - Mnldrg Forman
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A215704 -
PIP
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090-11a51-000 ES Parks Dept (Sycamore Parke
11200 Elk E Syter'aare Aye
NAM Gagner of Perk by Drilkhg IdWitalift
1. - - 825Y
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RP
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12029
035-111:41-0Cd t5 ParaUepl ((Chary Park}
I 120 WPelm Ave
100 61t of Pslm tr Park
and^ BiSY
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RP
112W2
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D56-04961-000 E5 Packs Dept (Baseball Fnell)
401 N Eucalyptue Dr
Slewmson Eaeedall Field Srmck Bet
31d" 625Y -
BF9567
RP
12023
D60-15401-000 ES Perks Dept (LAlbhoueel
0t;5-0SL01 070 ES Parks pvpl f,Joselyn Center)
13DO bls E Plne Ave
33D f ucal/geus Lin
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Agreement No. 7105
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111 W Wpma Ave
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02044831-000
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111 IN Wposa Ave
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12095
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2C9 Caniw rdef Blvd
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2'
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412 Malt S1
JSJE Corer imBusheWPublic Perasng Lot
314"
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11904
22G.7D379.000
ES Peik Depl
2CQl0 Ave
Maple St Wdian in From of Addroom
1 In',
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300 81k Marylald St
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2251 E Mar%= Ave
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600 Blk. W .HalF Ave
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EXHIBIT B Agreement No. 7105
BACKFLOW APPARATUS & VALVE COMPANY
MECHANICAL 20435 S. Susana Road Long Beach, Calif. ,90810-1136
,ICES (310) 639-5231 (800) 458-3492 Fax: (310) 639-0721
PROPOSAL & CONTRACT
w
To � ��+ � Conta � S GiLc;a 6A. ,-,)yM t
Add'rIty Phone
Job Address U"" . j 5_ ,3,( City Phone
The yearly testing of the Backflow Prevention Devices on . property owned / managed by you were found
to be defective and in need of repair / replacement to comply with health / water department regulations
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Cost estimates are based on rebuilding the devices with factory rubber parts kits. If after disassemble
of unit extra parts are needed such as seats, springs or covers to complete the repairs, they will be
charged in addition to the quoted price.
All work unless stated in writing, will be completed during normal working hours. Mon -Fri 8AM / 413M
Building owner, manager or personnel will be responsible for the shutdown and maintenance of all pumps
machines or other water equipment during and after repairs.
If you have any questions, please feel free to cell us. We are here to serve your needs.
For Backflow Apparatus and Valve Company
State Contractors License # 382648
%CCEPTANCE OF PROPOSAL:
rho undersigned hereby, -authorizes BAVCO to furnish all materials and labor required to complete the work
iescribed above. The undersigned agrees to pay the amount stated in said proposal upon presentation of
)llilrrgg and or other means of notification. If legal action is neceswwary to collect any monies due on this
:ontract, the undersigned agrees to pay all court costs and attorney fees. The undersigned is authorized
;o sign this acceptance as the owner, manager or designated person, and as such binds them and all
)there listed as legal owners of job address listed on this. proposal.
signature
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