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HomeMy WebLinkAboutHACH COMPANY; 2010-09-10;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Hach Company, a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to perform quarterly service on our APA6000 Ammonia/Chlorine Analyzer, per the Contractor's proposal dated 5/14/2010 and the District specifications, for a sum not to exceed Three Thousand Two Hundred Eighty Seven dollars ($)3,287.00. This work is to be completed within one year after issuance 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 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 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 employer's liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad and the District 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 California by the Insurance Commissioner. 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, etseq _££init Jminit 6. The Contractor hereby acknowledges that debarment by another jurisdiction i§ grounds for the District to disqualify the Contractor from participating in contract bidding. /y*init ||L>^ 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 general prevailing rate of wages, for each craft or type of worker needed to execute the -- 1 -- Revised 02/11/02 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. The contractor to whom the contract is awarded 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 contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Jase Warner, Water Utilities, 5950 El Camino Real, Carlsbad, CA 92008 (Project Mgr) (Department) (Address) (Name of Co,ntractor) (Contractor's License Number) -'•'•"OBy: { Cl^ 'x^ Lx nf) ^ \-e-vfqe>K \[ \ (Sign Here) '(Print Name and Title) (E-mail Address) Bv: Mu Jtl .1 Zl _ iu .£frttJfc«f CfO (Print Name and Title) 7-3 HO Department Head Date 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: RONALD R. BALL, City Attorney BY: sputy City Attome A - 2 - Revised 02/11/02 '•jtifii^fe^®(j^Qy Bt Right HACH SERVICE CONTRACT QUOTATION Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders 100 Dayton Ave Ames, IA 50010 United States Phone:800-227-4224 Ext.6070 Fax:515-956-3810 Contract Number : WebSite: www.hach.com lof 2 HACH 11 9370 Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 23 IS. LaSalleSt. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 Contract Number : HACH119370 Service Contact : Customer Ref : Customer Phone : Sullivan, Christina M RENEWAL QUOTE 760-438-2722 Ext. 7151 Service Contact Phone : Customer Fax: 760-431-1601 Quotation Date : Expiration Date : Service Contact Email : Customer Contact: Customer Email : 14-MAY-10 12-AUG-10 CSulliva@hach.com WARNER, JASE JASE.WARNER@CARLSBA DCA.GOV Bill-To Account #103962 Ship-To Account #103962 Customer Name Address4 Address! Address2 AddressS City.State, PostalCode Province/ Country CITY OF CARLSBAD ACCOUNTS PAYABLE 1635 FARADAY AVE CARLSBAD-CA-92008-73 14 US Customer Name Address4 Address 1 Address2 AddressS City.State, Postalcode Province/ Country CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD-CA-92010 US Payment Terms: Net 30 Billing Method: Annually Currency: USD Line 1 3 4 Service Name Covered Product FSPAPA6000 1.1 PMTRAVEL4 3.1 5100000 HACH PM 4 VISIT 4.1 FIELD CONTRACT SITE Start Date 24-AUG-10 24-AUG-10 24-AUG-10 I End Date 23-AUG-1 1 23-AUG-1 1 23-AUG-11 I Description/Serial Number Fid Svc-4V APA6000 - ALL:24-AUG-10:23-AUG-1 1 APA6000, ALKALINITY W/AT/KITS ; 990900000101 4 On-site PM visits: CONTRACT TRAVEL ITEM 4 VISIT ON SITE CONTRACT Field Service Contract site visit ; HACH 11 9370 Sub Total : Total : Line Total $2,687.00 $600.00 $0.00 $3,287.00 $3,287.00 Contract Notes :*************************************** PAYMENT IN FULL IS DUE AT TIME OF CONTRACT ACTIVATION.************************************ THE FIELD TERRITORY MANAGER FOR YOUR AREA IS ARRON KWAK AND HE CAN BE REACHED AT 800-227-4224 EXT 2015.************************************ ^aafi&^e KH4CHJ B9Kslitm HACK SERVICE CONTRACT QUOTATION Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders 100 Dayton Ave Ames, IA 50010 United States Phone:800-227-4224 Ext.6070 Fax:515-956-3810 Pane ' Contract Number : WebSite. www.hach.com 2 of 2 HACH1 19370 Remittance 2207 Collections Center Dr Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalleSt. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 026009593 IF I CAN BE OF ANY FURTHER ASSISTANCE PLEASE CALL ME AT 1-800-227-4224 EXT 6755 or E-MAIL; csulliva@hach.com FAX 515-956-3810 THANK YOU. CHRISTINA SULLIVAN SERVICE ADMINISTRATION SPECIALIST. Customer Name Customer P.O. Number Customer Reference Number CITY OF CARLSBAD