HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2018-05-07; PWL18-149GS PWL18-149GS
City Hall - Urgent Hot Water Pump Rebuild - 1 - City Attorney Approved 2/29/2016
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
CITY HALL - URGENT HOT WATER PUMP REBUILD
This RATIFICATION OF LETTER OF AGREEMENT between Seaside Heating & Air Conditioning, Inc., a
California corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the _______ day of
_____________________________, 2018, but effective as of the 24th day of April, 2018, ratifying the work performed for the City Hall - Urgent Hot Water Pump Rebuild. The Contractor provided all equipment, material
and labor necessary to rebuild two (2) hot water pumps for the HVAC system, per Exhibit “A” and City
specifications, for a sum not to exceed three thousand nine hundred dollars ($3,900). This work will be completed
within five (5) working days after the Notice to Proceed was issued. Upon full execution, the Letter of Agreement
is ratified.
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. __________ init __________ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. _______ init _______ init
DocuSign Envelope ID: 36270203-8798-46A7-9426-5AE4B67EC6D6
May
7th
PWL18-149GS
City Hall - Urgent Hot Water Pump Rebuild - 2 - City Attorney Approved 2/29/2016
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.
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: Brian Bacardi, 760-434-2944
Contractor Contact: Charlie Balcar, 760-643-1100
CONTRACTOR
Seaside Heating & Air Conditioning,
a California corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
1359 Rocky Point Dr.
Oceanside, CA 92056
P: 760-643-1100
F: 760-842-5642
cb@seasidehvac.com
By: By:
(sign here)
Jay Sebring / President
Elaine Lukey / Public Works Director
as authorized by the City Manager
(print name/title)
By: Dated:
(sign here)
Charles Balcar / CFO
(print name/title)
(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
DocuSign Envelope ID: 36270203-8798-46A7-9426-5AE4B67EC6D6
May 7, 2018
PWL18-149GS
City Hall - Urgent Hot Water Pump Rebuild - 3 - City Attorney Approved 2/29/2016
EXHIBIT A
City Hall - Urgent Hot Water Pump Rebuild
SCOPE OF WORK AND FEE
DESCRIPTION PRICE
Contractor provided all materials, tools and labor to remove, rebuild,
and reinstall two (2) hot water pumps for the HVAC system located at
Carlsbad City Hall Complex. Rebuild to include two (2) new 2 HP
motors and seal kits.
$3,900
TOTAL $3,900
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: 36270203-8798-46A7-9426-5AE4B67EC6D6