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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2017-04-13; PWL17-87GSCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CITY HALL THERMOSTATIC VALVE REPLACEMENT PWL17-87GS This letter will serve as an agreement between Seaside Heating and Air Conditioning, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace a failed thermostatic expansion valve, per Exhibit "A" and City specifications, for a sum not to exceed one thousand five hundred fifty seven dollars fifty four cents ($1,557.54). This work is to be completed within Five (5) 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 may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gov?:ment Code sectio??,?,650, et seq .. and Carlsbad Municipal Code Sections 3.32.025, et seq. ~ init --<c:~,,...,,,,.~~ init 6. The Contract~r her~by acknowledges that deb_a~me_nt ~y another ju~is~iction ct~~d_s for the Cit~ ~f Carlsbad to d1squahfy the Contractor from part1c1patmg m contract bidding. 1rnt ~ 1rnt 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. City Hall Thermostatic Valve Replacement -1 -City Attorney Approved 2/29/2016 PWL17-87GS 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. Contractor 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 work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Michael O'Brien x2996 Contractor Contact: Charlie Balcar 760-643-1100 CONTRACTOR Seaside Heating and Air Conditioning, Inc., a California corporation 1359 Rocky Point Dr Oceanside, CA 92056 P: 760-643-1100 F: 760-433-3904 cb@seasidehvac.com By: ~ere) ::;r; !#1: (1111 I < s e 6 r < --<+ (print name/title) By: t.i'.c~L--a (sign here) {! ?,,cry(t!".J.. '"6a:v lc-~c (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine t.:~c Works Director as authorized by the City Manager Dated: (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: CELIA A. BREWER, City Attorney BY: Deputy City Attorney City Hall Thermostatic Valve Replacement -2 -City Attorney Approved 2/29/2016 PWL17-87GS EXHIBIT A Contractor will replace the inoperable thermostatic expansion valve at the City Hall located at 1200 Carlsbad Village Dr. in Carlsbad. The replacement of the faulty York Thermostatic Expansion Valve (TXV) P#025-40900001 will be with a new Title 24 compliant TXV. Scope includes labor, torch rental, shipping and evacuation chiller valve pipe/joint. Cost includes all equipment required to perform the replacement and disposal/recycling of inoperable hardware. The completed repair will return the chiller system to optimum working and controllable condition. ITEM 1'Nff· '(;lTy DESCRlflTION PRl8E NO. · :: .. ;; ·., , .. ·. : ", .. 1 LS 1 Replace faulty thermostatic expansion valve (TXV) $1,557.54 TOTAL* $1,557.54 *Includes taxes, fees, expenses and all other costs City Hall Thermostatic Valve Replacement -3 -City Attorney Approved 2/29/2016