The URL can be used to link to this page

Home My WebLink AboutSIEMENS WATER TECHNOLOGIES GROUP; 2010-09-13;'.C PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Siemens Water Technologies Corp., a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to Service chlorinators and standard injectors, per the Contractor's proposal dated May 4, 2010 and the District specifications, for a sum not to exceed Four Thousand Eight Hundred Sixty Six dollars ($)4,866.00. This work is to be completed within Forty Five (45) 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 its agents, officers and employees, from all claims, toss, damage, Injury and Habflity 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, toss, 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 toss 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 five hundred thousand dollars ($500,000) each, unless a tower 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, etsea dffidfoit ^ Init*s<* Mocked octet's 6. The Contractor hereby acknowledges that debarment by another jurisdiction^ grounds for the District to disqualify the Contractor from participating in contract bidding. <fflinit £ init A S" AffaAfJ o f£ ic ts 's 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 Deot. 5950 El Camino Real Carlsbad. CA 92008 (Project Mgr) (Department) (Address) (Name of Contractor) x- N. By: (Contractor's License Number) Jfnni-CW S. (SighHere)(Print Name and Title) By: (E-mail Address) ArkJ.ec/ ( (Sign Here)(Print Name and Trtle) 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: Chairman, President, or Vice-President "Group B: Secretary, Assistant Secretary, CFOor 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, CKy Attorney BY: Deputy City Attorn Revised 02/11/02 SIEMENS WATER TECHNOLOGIES CORP. OFFICER'S CERTIFICATE I, Vincent Grieco, Assistant Secretary of Siemens Water Technologies Corp., a Massachusetts corporation (the "Corporation"), do hereby certify on behalf of the Corporation that Jennifer Miller is Vice President and General Manager of the Municipal Services Unit of the Municipal Business Segment of the Corporation, and that hi such capacity Ms. Miller has full power and authority to exe bid and all related ancillary agreements, docume Chlorinator services to the Carlsbad Municipal Water'. IN WITNESS WHEREOF, the undersig ; day of July, 2010. iite and deliver the Corporation's anc instruments to provide District in Carlsbad, California. exfecmed this Certificate on the Vincent Grii Assistant S< SIEMENS Jase Warner May 4, 2010 Operations Supervisor City of Carlsbad 5950 El Camino Road Carlsbad, CA 92008 Phone: (760) 438-2722 ext. 7151 Email: jase.warner@carlsbadca.gov Subject: Disinfection Equipment Annual Preventative Maintenance Carlsbad, CA Quote: Q100430TH1, rev. 1 Thank you for choosing Siemens Water Technologies for your disinfection needs. A proposal for Disinfection Equipment Annual Preventative Maintenance is outlined below. Scope of Supply The following materials shall be supplied by Siemens Water Technologies: 6 ea. PM Kit, Chlorinator, V-75VA, P/N U27660 3 ea. Diaphragm, Injector, 1 inch Standard, P/N P97062 Scope of Annual Service The following service shall be performed by Siemens Water Technologies: • Service six (6) each V-75VA Chlorinators. Disassemble, clean, install PM Kit, and perform operational checks. • Service three (3) each 1" Standard Injectors. Disassemble, clean, install PM Kit, and perform operational checks. Cost Summary The cost for providing materials and performing services as outlined in this proposal shall be $4,866.00. Upon acceptance, the price of this service agreement is valid for three years. The price is subject to a maximum increase tied to the CPI adjusted annually beginning year 2. Warranty Information on the Warranty is supplied in Siemens terms of sale attached. This quote is valid for 90 days from the date of the proposal. The attached Siemens Water Technologies Terms of Sale are considered part of this proposal and shall prevail. Please feel free to contact me with any further questions or concerns. I can be reached at (909) 837-9908. Sincerely, Siemens Water Technologies (Dan (Tiy6u(s%i Dan Trybulski Technical Sales Representative / Municipal Services Siemens Water Technologies Siemens Water Technologies Corp. 28071 Diaz Road, Suite A Tel: (951) 693-4363 Temecula, CA 92590 Fax: (951) 693-4162 www.water.siemens.com SIEMENS To proceed with the project as described herein, please sign below and return the entire proposal via fax or mail to Siemens Water Technologies. Siemens Quote: Q100430TH1, rev. 1 Accepted by: City of Carlsbad Signature: Date: S-k- (Q UPrinted Name: Title: Company: Billing Address: Site Address: PO Number: Q100430TH1,rev. 1 Page 2 of 3