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HomeMy WebLinkAboutSeaside Specialty Construction; 2017-06-26; PWL17-135GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT MONROE STREET POOL NEW RESTROOM PARTITIONS FW...17-135GS This letter will serve as an agreement between Seaside Specialty Construction, a sole proprietership (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary for to install new floor anchored, solid plastic, restroom partitions in the men's restroom, per the Exhibit "A" and City specifications, for a sum not to exceed Four Thousand One Hundred Forty-Four dollars ($4, 144). This work is to be completed within fifteen (15) 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, officials, employees, and volunteers 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 one million dollars ($1 ,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII",; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 ma~·ct to civil penatties for the filing of false claims as set forth in the California False Claims Act, ' ent Code 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 jurisdicf rounds for the City of Carlsbad to disqualify the Contractor from participating in contract biddi ~g~ . .!5:::::,.......=--in it in it 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. Monroe 8: Pool New R:lstroom Partitions -1 -Oty Attorney Approved 2/29/2016 ITEM UNIT eTY NO.,· '''' '" ';> ~; ,, 1 LS 3 I '< EXHIBIT A JOB QUOTATION DESCRIPTION ' ' .> Install new floor anchored overhead braced HOPE solid plastic restroom partitions. Color to be determined. Two (2) Stalls and one (1) Urinal Screen TOTAL* *Includes taxes, fees, expenses and all other costs. PWL17-135GS PRfCE '' $4,144.00 $4,144.00 Monroe St Pool New Restroom Partitions -3-City Attorney Approved 2/29/2016