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Home My WebLink AboutD & H Water Systems; 2014-10-27; UTIL1135UTIL1135 AGREEMENT FOR ANNUAL SERVICE OF CHLORINATION EQUIPMENT AT MAERKLE RESERVOIR D&H WATER SYSTEMS HISAGREE _ ^a/^ Ad^ , 2014, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad, ("CMWD"), and D & H WATER SYSTEMS, a California corporation, ("Contractor"). RECITALS CMWD requires the professional services of a contractor that is experienced in performing annual service to chlorination equipment. 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) calendar days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand four hundred forty one dollars and eleven cents ($4,441.11). 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. 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. 5. 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 attorneys 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' General Counsel Approved Version 1/30/13 UTIL1135 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. 6. 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 Califomia which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", 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 Executive 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. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of this Agreement. 7. 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 four categories. 8. 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 ofthis Agreement. 9. 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, ifthe services have been delivered in accordance with the Agreement. 10. 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 Cartsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to temninate this Agreement. 11. 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, Califomia. 12. 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. General Counsel Approved Version 1/30/13 UTIL1135 13. 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 ortime schedule. 14. 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 D&H WATER SYSTEMS, a California corporation By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad By: (sign here) President, Executive Manager or Director (sign here) David Hartwig / President Patrick Thomas (print name/title) (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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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:. Assistant General CoVnsel General Counsel Approved Version 1/30/13 WATER SYBTEIVIS Exhibit "A" Date: 8-28-14 Customer: Carlsbad Water Dept. Attention: David Newland Subject: Annual service to chlorination equipment D&H Water Systems, Inc is pleased to offer the following proposal for your consideration. Proposed Scope of Service D and H will disassemble, clean, install PM kits, reassemble, test, calibrate and return to service the following equipment: 6 ea. VA75 chlorinators 1 ea. Sl OK rotameters 1 ea. chlorine dioxide generator system 3 ea. 1 inch standard injectors Estimated time of Service: Labor: 19 hrs. (g$130/hr Travel: 3 hrs. (@$130.00/hr Mileage: 75 mi. @ $0.55/mi Parts: Lot Price for Annual Service: $2,470.00 $390.00 $41.25 $1,539.86 $4,441.11 NOTE: If additional parts are required they will be added with agency approval. Conditions of Sale: / Payment terms: Net 30 Days. This quote Ls finn for 60 days. Quotation does not include any taxes. This quotation is limited to the products and services as listed and excludes any item or service not listed. 603 Seagaze Drive #241, Oceanside, Cali-'ornf.3 92054 PHONE 760.806.7839 FAX 760.806.7608 WEB v/ww.dandhwatersystems.com EMAII. david@d3r1dhwatersy5cen1s.com WATER SYSTEIVIS Resulting Purchase Order should be made out to: D&H Water Systems Inc 603 Seagaze Dr. #241 Oceanside, CA 92054 Please do not hesitate to contact me if you have any questions, or require further information. Sincerely David Hartwig D&H Water Systems, Inc. 603 Seagaze Drive #241, Oceanside, CaliforniD 92054 PHONE 760,805.7839 FAX 760.806.7608 WEB wv/w.dandhwatersystems.com EMAIL david@dandhwatersystems.com