HomeMy WebLinkAboutIDAC West Inc; 2006-06-08;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between IDAC WEST, Inc., a corporation (Contractor) and
the Carlsbad Municipal Water District (District). The Contractor will provide all equipment,
material and labor necessary to convert existing software and devlop code to remove proprietary
XID command, per the Contractor's proposal dated May 31, 2006 and the District specifications,
for a sum not to exceed Three Thousand Nine Hundred dollars ($)3,900.00. This work is to be
completed within thirty calendar 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 of Carlsbad and the District, and its agents, officers and employees,
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, rides or
regulations including those relating to safety and health; except for loss or damage which was
caused solely by the active negligence of the District; 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 District. 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 five hundred thousand dollars ($500,000) each, unless a lower amount is
approved by the City Attorney or the City Manager. Said policies shall name the City of
Carlsbad and the District as a co-insured or addrtional insured. Insurance is to be placed with
insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and
(2) are admitted and authorized to transact the business of insurance in the State of California
by the Insurance Commissioner. 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 District.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California
Labor Code) and the "Immigration Reform and Control Act of 1986" (6USC, 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, Governmerjt^TJbjle sections 12650, et sea, and Carlsbad
Municipal Code Sections 3.32.025, et &ecr-\?f init jljarlnit
6 The Contractor hereby acknowledges that debarment by another jurisdctipn is grounds for the* [ Formatted: Bullets and Numbering
District to disqualify the Contractor from participating in contract biddingH%~ InitffiSr 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.
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 Tile in the office of the
- 1 - Revised 02/11/02
City Engineer. The contractor to whom the contract is awarded 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 contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
F \XJ -QrefQrln 6\i ] 5 ^O & fe> .' no QfeJ Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
ITQflC
(Name of Contractor) (Contractor's License Number)
(Sign Here) (Print Name and Title)
(E-mail Address)
(Sign Here) (Print Name and Title)
\QvqKGf I cf.<Xcu>esi~. Cx>*~r-\
-^-mail Address)
Departmenf Head /y Date
If required by CMWD, proper notarfar acknowledgment of execution by contractor must be
attached.
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
•Group A: **Group B:
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or
Assistant Treasurer
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:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
- 2 - Revised 02/11/02