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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2016-03-16; PWL16-89PEMPWL 16-89PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SAFETY CENTER EXPANSION TANK BLADDER REPLACMENT: CONTRACT 4723 This letter will serve as an agreement between Seaside Heating & 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 aging bladders in both chilled and hot water expansion tanks at the Safety Center, per the attached Exhibit A and City specifications, for a sum not to exceed two thousand eight hundred fifteen dollars and sixty-four cents ($2,815.64). This work is to be completed within sixty (60) 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Qc"? init f..;.? init 6. The Contractor hereby acknowledges that debarment by another jurisdiction c-r?4nds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. · "nit C j!? 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. SAFETY CENTER EXPANSION TANK BLADDER REPLACMENT: CONTRACT NO. 4723 --1 --City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF WORK PWL 16-89PEM Seaside Heating and Air Conditioning, Inc. will replaced aged expansion tank bladders on both the chilled water loop and the hot water units at the Safety Center, located at 2560 Orion Way, Carlsbad, CA 92008. Price includes two bladders, labor, tax, and shipping. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 $1,407.82 2 Expansion Tank Bladder Replacement $2,815.64 Total $2,815.64 *Includes taxes, fees, expenses and all other costs. SAFETY CENTER EXPANSION TANK BLADDER REPLACMENT: CONTRACT NO. 4723 --3 --City Attorney Approved 2/29/2016