HomeMy WebLinkAboutSeaside Heating & Air Conditioning Inc; 2014-10-02; PWL15-25PEMPWL15-25PEM
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
FIRE STATION #1 HVAC REPAIR
This letter will serve as an agreement between Seaside Heating & Air Conditioning, a HVAC contractor
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to replace an evaporator coil and fumace at Fire Station #1, per the Contractor's proposal dated
8/25/14 and City specifications, for a sum not to exceed two thousand two hundred eighty dollars $2,280.
This work is to be completed within 45 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, 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, 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 five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the Risk
Manager or the City Manager. Said policies shall name the City of Carlsbad as 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 Califomia by the Insurance Commissioner. Proof of all such insurance shall
be given by filing certificates of insurance with contracting department prior to the signing ofthe 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 Refomn 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, Govemment Code sectiqns 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, etseg. U ^ init O ^ init
FIRE STATION #1 HVAC REPAIR ~1~ City Attorney Approved 6/18/13
PWL15-25PEM
6. The Contractor hereby acknowledges that debarment
Carlsbad to disqualify the Contractor from participating
by another jurisdictioni^ grounds for th^Xity of
I in contract bidding. (/^ init y ) 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 City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the
provisions of the California Labor Code when the public work is not a statewide concern. Payment of
prevailing wages is at Contractor's discretion.
9. City Contact: Bob Richardson 760-434-2893
Contractor Contact: Charlie Balcar 760-643-1100
CONTRACTOR
SEASIDE HEATING & AIR CONDITIONING,
a Califomia corporation
2942 INDUSTRY STREET #A
OCEANSIDE, CA 92054
760-643-1100-PH
760-433-3904 - FX
cb@seasidehvac.com
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
,
it City Mtanogor, Do|buty City Monoger
•er Department fiirector
as authorized by the City Manager
Jim Howell
By:
(sign here)
(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:
Assistant City Attorney
FIRE STATION #1 HVAC REPAIR 2 ~ City Attorney Approved 6/18/13
A Quotation From: 2942 Industry Street #A
Oceanside, CA 92054
Lie. #790514
HEATING & AiR CONDmONING Phone #760 643-1100
Fax # 760 433-3904
Customer Cityof Carlsbad
1635 Faraday Avenue
Carlsbad, Ca. 92008
Location Fire Station #1
1275 Carlsbad Village Dr
Carlsbad, CA 92008
Provide labor and materials for replacement of 4-ton evaporator coil and fumace for the east wing of the
building.
Total $2,280.00
1 ¥2% per month will be charged on overdue accounts.
All service requked by items fumished 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. AU 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 then-
entirety in the event full payment is not received for the work perfomied under this contract.
Customer agrees to pay reasonable legal and/or collection fees
PURCHASER'S ACCEPTANCE:
By:
(Customer signature)
Phone:
Date:
By: Charlie Balcar 8/25/14
(Authorized Seaside Representative)
QUOTATION GOOD FOR 30 DAYS