HomeMy WebLinkAboutSeaside Heating & Air Conditioning Inc; 2008-02-20; PWL 08-20ENGPUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Seaside Heating & Air Conditioning, a California
W- corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will
provide all equipment, material and labor necessary to install Fugitsu ductless mini split in the
Ammonia Room at Maerkle Reservoir/Dam site including purchasing and installing all necessary
equipment, including electrical, per the Contractor's proposal dated October 1, 2007 and the
District specifications, for a sum not to exceed three thousand four hundred dollars ($3,400).
This work is to be completed within ten (10) 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 of Carlsbad and the District, and its agents, officers and employees,
from ail 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 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 insurabie
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 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 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" (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, etseq /v3 init <? y init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for*
the District to disqualify the Contractor from participating in contract biddinq/V^ init /?/ 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.
Revised 02/11/02
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. 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:
Kevin Davis Public Works 1635 Faraday Avenue Carlsbad. CA 92008
(Contracts) (Department) (Address)
Seaside Heating and Air Conditioning 790514
(Name of Contractor) (Contractor's License Number)
S> ^ /' u/'nwrt Jtjr/'nt,. jfr5By:_
^ (Sign Here) ^ D (Print Name and TiifeJ
(E-mail Address)
By:
(Print Name and Title)
Department Head Date''
If required by CMWD, proper notarial 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
Deputy City Attornej
- 2 - Revised 02/11/02
A Quotation From
EXHIBIT "A"
2942 Industry Street #A
Oceanside, CA 92054
Lie. # 790514
HEATING & AIR CONDITIONING Phone #760 643-1100
Fax # 760 433-3904
Customer
City of Carlsbad
1635 Faraday
Carlsbad, CA
Job Location
Maerkle NH3
Sunny Hill RD
Carlsbad, CA
Install Fugitsu ductless mini split in the Ammonia Room. Install new electrical circuit from the electrical
panel to the ductless mini split. Scope of work includes materials, labor paid at prevailing wage and tax.
Total $3,400.00
1 '/2% per month will be charged on overdue accounts.
All service required by items furnished under this contract will be provided only during normal working hours and is subject to our
standard printed service warranty. REPLACEMENT OF FILTERS, FUSES OR EMERGENCY SERVICE CALLS NOT DUE TO
DEFECT IN WORKMANSHIP OR MATERIALS WILL BE BILLED AT NORMAL SERVICE RATES.
It is understood that this proposal sets forth our entire agreement. Any labor or equipment in addition to that required by this proposal
will be paid for by you as an extra at our normal rate. All equipment remains the "personal" property of Seaside Heating and Air
Conditioning, Inc. until final payment is received. All warranties commence upon date of equipment start-up, and are void in their
entirety in the event full payment is not received for the work performed under this contract.
Customer agrees to pay reasonable legal and/or collection fees
PURCHASER'S ACCEPTANCE:
By:
(Customer signature)
Phone:
Date:
By: Charlie Balcar 10/1/2007
(Authorized Seaside Representative)
QUOTATION GOOD FOR 30 DAYS