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HomeMy WebLinkAboutD&H Water Systems; 2017-06-09; PWL17-128UTILCARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT Tracking#: PWL 17-128UTIL REPAIR OF INJECTOR ON THE CHLORINATION EQUIPMENT AT MAERKLE RESERVOIR This letter will serve as an agreement between D&H Water Systems, a California corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to repair the injector on the chlorination equipment at Maerkle Reservoir, per the Contractor's proposal (attached as Exhibit A) dated April 19, 2017 and the District specifications, for a sum not to exceed one thousand nine hundred eighty five dollars and thirty four cents $1 ,985.34. This work is to be completed within thirty (30) 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 their agents, officers, officials, employees and volunteers, 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 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 one million dollars ($1 ,000,000) each, unless a lower amount is approved by the Risk Manager or the Executive Manager of the District. Said policies shall name the City of Carlsbad and the District as an additional insured. The full limits available to the named insured shall also be available and applicable to the City and the District as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI} with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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, Gi[nmenf}(jyde sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq init -tlJnit 6. The Contractor hereby acknowledges that debannent by another rictiod1J.fl.rounds for the District to disqualify the Contractor from participating in contract bidding. init ]:fl..~ it 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. REPAIR OF INJECTOR AT MAERKLE RESERVOIR - 1 -General Counsel Approved 2/29/16 Tracking#: PWL 17-128UTIL 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. Contractor 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 work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. CMWD Contact: Eric Sanders. 760-438-2722 ext 7151 Contractor Contact: David Hartwig. 760-722-6893 CONTRACTOR D&H WATER SYSTEMS, a California corporation 603 Seagaze Dr. #241, Oceanside, CA 92054 760-722-6893 david@dandhwatersystems.com By: (print name/t le) CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, CA 92008 760-438-2722 760-431-2658 Eric.sanders@carslbadca.gov By: Elaine Lukey/Pu · Works Director as authorized by the Executive Manager Dated: If required by CMWD, 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, General Counsel BY: ~ Deputy General Counsel REPAIR OF INJECTOR AT MAERKLE RESERVOIR -2-General Counsel Approved 2129/16 \NATE A BVBTEMB 603 Seagaze Dr. # 241 Oceanside, CA 92054 ph: 760-722-6893 Bill To City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Quantity P.O. Number Description 4 Ian On-site Service Technician 1 Service Technician Ian Travel time 30 Service Technician Travel Mileage Equipmnet to be Service: [2] Acutec 35 w/Batteries Work on 1" injector that was broken. 2 W2T 11717 INSTRMNT,ELECTROCHEM;SENSOR UNIT, CL2 2 W2T11698 BATTERY 12 VOLT SERIES 1 10218000 CAL GAS 58 liter 10 ppm Chlorine Nitrogen Balance **Use gas from Van Stock Date 4119/2017 Ship To Utilities Dept. Water Division City of Carlsbad 5950 El Camino Real Carlsbad, CA. 92008-8802 Terms Rep Net 30 UJ Bin Loc MPN D-3-4 U29329 D-8-5 U29314 D & H Water Systems, Inc is pleased to offer the following proposal for your consideration. Please do not hesitate to contact me if you have any questions, or require further information. Lisa Peterman, Lisa@dandhwatersystems.com, or 760-509-9190 Subtotal EXHIBIT A Quote Quote# Q2017-0428 Project Total Amount 560.00 140.00 16.50 0.00 654.00T 373.58T 150.00T O.OOT Sales Tax (7.75%) Total Page 1 VVATER BVBTEMB 603 Seagaze Dr.# 241 Oceanside, CA 92054 ph: 760-722-6893 Bill To City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Quantity Conditions of Sale: P.O. Number Description -Payment terms :Net 30 Days. -This quote is firm for 60 days. Date 4119/2017 Ship To Utilities Dept. Water Division City of Carlsbad 5950 El Camino Real Carlsbad, CA. 92008-8802 Terms Rep Net30 UJ Bin Loc MPN Quote Quote# Q2017-0428 Project Total Amount O.OOT -Delivery will be made in approximately 1-2 weeks ARO. -All Visa and Master card transactions will incur a 4% pass through service charge. -This quotation is limited to the products and services as listed and excludes any item or service not listed. Page 2 Subtotal Sales Tax (7.75%) Total $1,894.08 $91.26 $1,985.34