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Contract - F.M. Thomas Air Conditioning - 2011-09-26 t410 Costa Mesa Savt1tay\) District av Inue(enceni, Special Distr,n F.M. Thomas Air Conditioning, Inc. Board of Directors 231 Gemini Avenue Robert Oaten Brea, CA 92821 James Ferryman Mike Schegler James Fitzpatrick Arthur Perry Re: Letter of Agreement for Change out of two (2) condensers Dear Jessie Bishop: Sluff This letter shall be our Agreement regarding the change out services described Scon C. Carroll below ("Services") to be provided by F.M. Thomas Air Conditioning, Inc. General Manage ("Consultant") as an independent contractor to the Costa Mesa Sanitary District for the District's change out of two (2) condensers ("Project"). Joan The Services to be provided include the following: The Services to be provided Office Manager Clerk of the Di■tr et are more particularly described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. Robin B.Hamer% Consultant shall perform all Services under this Letter of Agreement in a skillful Chimer Engineer and competent manner consistent with the standards generally recognized as (444)63 173 being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Compensation for the above services Ala, R.Burns shall be based upon the agreed in writing cost to the District for an amount not to Legal Counsel exceed $7 587 00 MwrusD Data Consultant understands that this job, if over $1,000 in value and not exempt. Treasurer requires compliance with the prevailing wage law (Labor Code § 1720 et. seq. and California Code of Regulations, Title 8, Section 1600 et seq.) As such, the District will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Consultant agrees to pay prevailing wages and required Phone (949)645-8400 to maintain prevailing wage records regarding those payments. Consultant is Far also required to comply with the apprentice requirements. The District will (949)650- '13 enforce state penalties of$50 per day for failure to pay any worker in accordance with the prevailing wage law Consultant recognizes that state law makes eight hours a day's work and any Adams worker working in excess of that time must be paid overtime. (Labor Code § 628 W 19th Street 1813). Carta Mesa. CA 92627 '716 rig Pe (in the Re (kd Pape Protoctix9 our ccm}mrnitYJs beaki,aft)the Cif NTrtntktt PO wiru/bnici sr, ricLiie GM)$°Yar cCUfee:ioil SC': iv,w`W.'i:ca.gov Consultant shall provide proof insurance of at least One Million Dollars ($1,000 000.00) for commercial general liability with underground coverage, and any automotive coverage. The commercial general liability coverage shall name the District and its officers, agents and employees as additional insureds and District reserves the right to require an endorsement naming District as an additional insured. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall provide proof of workers compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). Invoices shall be submitted to the District monthly as performance of the Services progresses. District shall review and pay the approved charges on such invoices in a timely manner Services on the Project shall be coordinated with the installation of the new backup generator The District may terminate this Letter of Agreement at any time with or without cause. If the District finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only Consultant shall defend, indemnify and hold the District, its officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages, attorneys fees and other related costs and expenses. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below An original, executed copy of this Letter of Agreement is enclosed for your records. [Signatures on Next Page] 2 DISTRICT CONSULTANT Approved by Reviewed and Acce d by - ar ' c General Manager Signa ure Approved as to Form. Name /9 L �� .� Title Harper& Bums LP District Counsel zC// Date 3 A,� Exhibit A L+ I'.H. THOMAS AIR CONDITIONING, INC. Contractor's License#313574 231 Gemini Avenue, Brea,CA 92821 (800)660-0891 FAX(714) 738-0886 (714)738-1062 www.fmthomas.com F M T * * MEANS * * SERVICE MEMO OUOTE Quote#JB1781 DATE. September 20,2011 TO'Costa Mesa Sanitary District 628 W 191h Street Costa Mesa,CA. 92627 ATTN: Scott Carol FROM:Jessie Bishop RE:Change Out(2)Condensers With Start Delay Relays Scope F.M.Thomas Air Conditioning, Inc. is pleased to submit this quotation to replace(2) 'Bryant' condensers model #550AN060-H. The current units are 208/230 volt, I phase units and they are being replaced with 'Carrier" 208/230 volt,3 phase units. We will also install start delay relays in both units. This replacement is based on the customer's request in order for the units to work with the backup generator.The below scope of work will be done Monday-Friday between 7:00a.m.and 3:30p.m. I. Labor and material included: I Remove and dispose of the existing(2) 'Bryant' 208/230 volt, I phase condensers model# 550AN060-H. 2. Provide and install (2)new 'Carrier 208/230 volt, 3 phase condensers model#24ABB3601A00. 3. Provide and install (2)new liquid line dryers(I)for each unit. 4 Provide and install all piping needed for the(2)new units. 5. Provide and install all brackets needed to secure the(2)units. 6. Provide and install (2)new start delay relays(1)per unit. 6. Ml high voltage electrical labor and materials to be handled by customer 7 Start up and test the units operation. II.The following service(s)are specifically not included: 1 Any high voltage electrical. 2. Any modifications to the existing pad. 3. Any plans,permits and/or city fees. Our quote is. .S 7,587.00