HomeMy WebLinkAboutOne Source Distributors; 2012-04-04;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between One Source Distributors, a Limited Liability
Corporation (Distributor) and the Carlsbad Municipal Water District (District). The Distributor has
provided all equipment, material and labor necessary to repair VFD's at Carlsbad Water
Recycling Facility, per the Contractor's quote dated 7/18/2011 and the District specifications, for
a sum not to exceed Two Thousand One Hundred Ninety Six dollars and twenty five cents
($)2,196.25. This work has already been completed and was an emergency repair.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Distributor 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 Distributor 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 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. Distributor shall furnish policies of general liability insurance, automobile liability insurance
and a combined policy of workers compensation and employer's liability in an insurable
amount of not less than five hundred thpusand 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 additional 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 Distributor 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" (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 Distributor 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 seg.. and Carlsbad
Municipal Code Sections 3.32.025, et seg i^cC init <jU init
6. The Distributor hereby acknowledges that debarment by another jurisdiction is grounds for the
District to disqualify the Distributor from participating in contract bidding. UcfinW <3N init
'I
7. The Distributor 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
~ 1 ~ Revised 02/11/02
Section 1770, 1773 and 1773.1 ofthe 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. The Distributor 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:
Jase Warner Water Utilities 5950 El Camino Real, Carlsbad, CA 92008
(Project Mgr) (Department) (Address)
One Source Distributors
(Print Name and Title)
By:
(E-mail Address)
^Jgy—
(Sign Here) (Print Name and Title)
Ti^n^ddr^^^""
Department Head Date
If required by CMWD, proper notarial acknowledgment of execution by Distributormust be
attached.
If a Corporation. Agreement must be signed, by one corporate officer from each of the following
two groups.
'Group A:
Chairman,
President, or
Vice-President
'Group B:
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the bfficer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: 1
Dfeputy^ty Attorne
-- 2 Revised 02/11/02
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Quotation
D t S Tl
Euimiini/||uiTOiiunoi/iriiiiY
9235 BROvl&JtER ROAD SAN DIEGOrCA 92121 858-452-9001 Fax 858-546-0638
UOTE TO:
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD.CA 92008
QUOTE DATE QUOTE NUMBER
07/18/2011 S3573385
ORDER TO:
BR2 ONESOURCE DISTRIBUTORS. LLC 923fi BROWN DEER ROAD
SANDIEGO, CA 92121
858.4S2-90Q1 Fax 868-646-0630
PAGE NO. ORDER TO:
BR2 ONESOURCE DISTRIBUTORS. LLC 923fi BROWN DEER ROAD
SANDIEGO, CA 92121
858.4S2-90Q1 Fax 868-646-0630 1 Ofl
SHIP TO:
CITY OF CARLSBAD
6210 & 6216 AVENIDA ENCINAS
ATTN: TOM PAGAKIS
CARLSBAD, CA 92009
CUSTOiWER NUMBER CUSTOMER QRDER NUMBER RELEASE NUMBER SALESPERSON
57051 TOM PAGAKIS Mark Pack, x3695
WRITER SHIP VIA TERMS SHIP DATE FREIGHT EXEMPT
DUHLE BW-BEST WAY NET 30 DAYS 07/18/2011 No
NUW ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE
5EA
1EA
SEA
AB GMS ON SITE LABOR (PER HOUR,
4 HOUR MIN) - DIRECT ONLY
FS TECHNICIAN: RUDY BARRANCO
ON SITE 7/18/11
ONSITRE CONTACT: TOM PAGAKIS
CELL# 760-802-4647
AB GMS ON SITE LABOR (PER HOUR,
4 HOUR MIN) - DIRECT ONLY
FEE FOR THE 1/2 HOUR OF LABOR
TOTAL HOURS: 5.5
AB GMS TRAVEL TIME (PER HOUR)
SERVICE TICKET* 4001337298
TAXES NOT INCLUDED
XJ
280.000/EA 1400.00
140.000/EA
218.750/HR
140.00
656.25
THIS IS A QUOTATION
Prices are subject to change without notice.
APPLICABLE TAXES EXTRAI
Terms subject to credit evaluation and customer credit availability.
Subtotal
S&H Charges
2196.25
0.00
Amount Due 2196.25
Printed By: DUHLE on G/15/2011 9:10:90 AM