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HomeMy WebLinkAboutDoane and Hartwig Water Systems Inc dba D&H Water Systems Inc; 2019-08-08; PSA20-831UTILPSA20-831UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR MAERKLE RESERVOIR ANNUAL CHLORINATION EQUIPMENT SERVICE DOANE AND HARTWIG WATER SYSTEMS, INC. DBA D&H WATER SYSTEMS, INC. THIS AGREEMENT is made and entered into as of the _____________________ day of _________________________________, 2019, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and DOANE AND HARTWIG WATER SYSTEMS, INC. dba D&H WATER SYSTEMS, INC., a California corporation, ("Contractor”). RECITALS CMWD requires the professional services of a consultant that is experienced in chlorination equipment maintenance. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of thirty (30) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be eight thousand eight hundred seventy-nine dollars and twenty-six cents ($8,879.26). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit “A.” 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. 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 such workers employed by him or her in the execution of the 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. DocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 8th August PSA20-831UTIL General Counsel Approved Version 6/12/18 2 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD incurs or makes to or on behalf of an injured employee under the CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD’s execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Eric Sanders Name Melanie Moreno Title Utilities Manager Title 603 Seagaze Drive #241 Carlsbad Municipal Water District Address 603 Seagaze Drive #241 Address 5950 El Camino Real Oceanside, CA 92054 Carlsbad, CA 92008 Phone 760-722-6893 Phone 760-603-7361 E-mail melanie@dandhwatersystems.com DocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 PSA20-831UTIL General Counsel Approved Version 6/12/18 3 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of CMWD. 15. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// DocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 PSA20-831UTIL General Counsel Approved Version 6/12/18 4 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad DOANE AND HARTWIG WATER SYSTEMS, INC. DBA D&H WATER SYSTEMS, INC., a California corporation By: By: (sign here) Vicki V. Quiram, General Manager David Hartwig, President (print name/title) By: (sign here) Brian Doane, Secretary (print name/title) 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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 EXHIBIT "A" SCOPE OF SERVICES DocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 Quote Date 6/4/2019 Quote # Q2019-0690 Bill To City of Carlsbad Attn: Accounts Payable 5950 El Camino Real Carlsbad, CA 92008 Ship To Utilities Dept. Water Division City of Carlsbad 5950 El Camino Real Carlsbad, CA. 92008-8802 603 Seagaze Dr. # 241 Oceanside, CA 92054 ph: 760-722-6893 P.O. Number Terms Net 30 Rep CDF Project Total Subtotal Sales Tax (7.75%) Description MPNBin LocQuantity Cost Each Total Amount Service Technician Shane31 160.00 4,960.00 Service McCabe Travel Time2.5 160.00 400.00 Service Shane Mileage64 0.55 35.20 Service on the following: -[2] STD 1” Injectors -[2] S10K w/ 5” Rotameter -[4] V10K Chlorinators Qty [4] Vac Regs Qty [4] Acutec 35 Sensor Replacement POC: Eric Sanders Eric.Sanders@carlsbadca.gov W3T99885 KIT, PM 1" STD INJECTOR, CL2 AJE4406A-7-32 124.455 248.91T W3T99091 KIT, PM S10K 5" RTMTR UNIT AAA1343B-7-22 119.805 239.61T W3T99880 KIT, PM V10K/V2000 500 PPD AJA4393A-6-44 111.655 446.62T W3T99090 KIT, PM S10K VAC REG 200/500 PPD AAA1160A-7-54 184.9325 739.73T W2T11717 SENSOR UNIT,CL2 GAS; ACUTEC 35 U29329D-3-44 389.65 1,558.60T Page 1 EXHIBIT ADocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 Quote Date 6/4/2019 Quote # Q2019-0690 Bill To City of Carlsbad Attn: Accounts Payable 5950 El Camino Real Carlsbad, CA 92008 Ship To Utilities Dept. Water Division City of Carlsbad 5950 El Camino Real Carlsbad, CA. 92008-8802 603 Seagaze Dr. # 241 Oceanside, CA 92054 ph: 760-722-6893 P.O. Number Terms Net 30 Rep CDF Project Total Subtotal Sales Tax (7.75%) Description MPNBin LocQuantity Cost Each Total Amount Conditions of Sale: -Payment terms : Net 30 Days. -This quote is firm for 60 days. -Delivery will be made in approximately XX 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. **EXCLUDED in quotation: Permits, license's, bonds, inspections,fees and additional Insurance** 0.00 0.00T Page 2 $8,879.26 $8,628.67 $250.59 EXHIBIT ADocuSign Envelope ID: 907F12C8-E931-4776-8A2B-9E7E7CA37F87 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/17/2019 License # 0E67768 (626) 243-9135 (626) 568-2886 23620 Doane and Hartwig Water Systems, Inc. dba: D & H Water Systems, Inc. 603 Seagaze Drive, #241 Oceanside, CA 92054 24082 A 1,000,000 X X 605BW51494 5/1/2019 5/1/2020 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BAS56477245 5/1/2019 5/1/2020 4,000,000A HFF0009365 5/1/2019 5/1/2020 4,000,000 0 Maerkle Reservoir Annual Chlorination Equipment Service : PSA20-831UTIL City of Carlsbad and Carlsbad Municipal Water District (CMWD) are included as additional insured and waiver of subrogation applies with respects to general and auto liability when required by written contract. 30 days' notice of cancellation with 10 days' notice for non payment of premium in accordance with the policy provisions. CERTIFICATE ISSUED ON 05/05/19 IS NULL & VOID. THIS CERTIFICATE SUPERCEDES PREVIOUS CERTIFICATE ISSUED ON 05/05/19. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 ECM #35050 New York, NY 10163-4668 DOANAND-01 JOHANSINGM IOA Insurance Services 130 Vantis Suite 250 Aliso Viejo, CA 92656 Molly Johansing Molly.Johansing@ioausa.com Burlington Insurance Company Ohio Security Insurance Company X X X X X X X