HomeMy WebLinkAboutRobotic Sewer Solutions Inc; 2016-03-28; PWL16-90UTILPWL 16-90UTIL
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT FOR
EMERGENCY SEWER MAIN REPAIR AT CAMELLIA PLACE AND HARDING STREET
CONTRACT NO. 7226
This letter will serve as an agreement between Robotic Sewer Solutions, Inc., a California corporation
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to perform an emergency spot repair to a section of eight inch sewer main at Camellia Place and
Harding Street, per the Contractor's proposal dated March 7, 2016 (Exhibit A) and City specifications, for a
sum not to exceed two thousand seven hundred fifty dollars ($2,750). This work was completed on March
11,2016.
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
"AX"; 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, Go~nt Code secti\)~ 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ~ init fiL init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is Q1r:ounds for ~l City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ----W--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.
EMERGENCY SEWER MAIN REPAIR AT
CAMILLIA PLACE AND HARDING STREET
CONTRACT NO. 7226 -1 -City Attorney Approved 2/29/2016