HomeMy WebLinkAboutContracts & Agreements_113-2020 NPs 2.2(9/23/20)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of annual maintenance, service, repair, material supply,
support and training for Evoqua water technologies and its subsidiary divisions of chemical feed
and analytical equipment ("Agreement") is made and entered in this 1st day of July, 2020
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
D&H Water Systems ("Contractor") City and Contractor are sometimes individually referred to
herein as a "Party" and, together, as the "Parties" In consideration of the mutual promises
contained herein, City and Contractor agree as follows
ARTICLE 1 —ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform annual maintenance, service, repair, material
supply, support and training for Evoqua water technologies and its subsidiary divisions of
chemical feed and analytical equipment services for City(the"Services").
1 2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2—RESPONSIBILITIES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit"A,"
titled"Scope of Services,"which is attached hereto and incorporated herein by reference
2 2 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act Pursuant to Laboi Code section 1773 2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A(Mailing P 0 Box 3005),Redlands,California 92373
2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771 6
2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813
2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
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NPS 2.2(4/23/20)
1776 regarding payroll records maintenance, certifications, retention and inspection
2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to
apprenticeships,and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815
2 8 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign
to City all rights,title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, goods or materials pursuant to this Agreement
ARTICLE 3 —RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
3 2 City designates Rudolph S Chow, P E , Municipal Utilities and Engineering Director, as
City's representative with respect to performance of the Services, and such person shall
have the authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to performance of the Services
ARTICLE 4—PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference The Services shall commence as of the Effective Date of
this Agreement.
4 2 The term of this Agreement shall be for a period of one(1)year from the Effective Date of
this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2)additional one-year terms(each,an"Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the"Term" of
this Agreement
4 3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit"B,"
which is attached hereto and incorporated herein by reference, in an amount equal to one
hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this
Agreement
ARTICLE 5 —PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of one hundred seven thousand dollars($107,000)for the Services provided during
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NPS-2.2(4123120)
the Initial Term Should this Agreement be renewed, the compensation for Contractor's
performance for the Services shall not exceed the amount of one hundred seven thousand
dollars ($107,000) for the first Extended Term; and one hundred seven thousand dollars
($107,000) for the second Extended Term, bringing the total possible amount of
compensation to a not-to-exceed amount of three hundred twenty one thousand dollars
($321,000) For the Initial Term and each Extended Term, City shall pay Contractor on a
time and materials basis up to the not to not-to-exceed amount in accordance with the rates
specified in Exhibit "C," titled "Price and Fee Bid," which is attached hereto and
incorporated herein by reference
5 2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month Contractor's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person,(u)five(5)days after deposit in first class registered mail,with return
receipt requested, (iii)on the actual delivery date if deposited with an overnight courier, or
(iv)on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail, m each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section
City Contractor
City Clerk David Hartwig,President
City of Redlands D&H Water Systems, Inc
35 Cajon Street 603 Seagaze Drive,#241
P 0 Box 3005 (mailing) Oceanside, CA 92054
Redlands, CA 92373 david@dandhwatersystems,com
jdonaldson@cityofredlands org (760) 722-6893r
(909) 798-7531 (760) 659-5540
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City
A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self-insured of exempt from the workers' compensation laws of
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L 1caldjmlAgreementslD&H Water Systems FY 20-21 doex in
NPS 2.2(4/23/20)
the State of California Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars($1,000,000)per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000)per occurrence, combined single limit bodily injury liability and property
damage liability This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non-owned vehicles,
and employee non-ownership vehicles City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City
6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by,or the willful misconduct of,Contractor,or its officers,
employees and agents in performing the Services
ARTICLE 7--CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services Contractor further covenants and represents that
in the performance of its duties hereunder,no person having any such interest shall perform
any Services under this Agreement
7 2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
(iii) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards of guidelines for City
of foi any subdivision thereof
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NPS 2.2(4/23/20)
B Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302
7 3 In the event City determines that Contractor must disclose its financial interests,Contractoi
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk
ARTICLE 8—GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party
8 2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City,results in City's immediate termination of this Agreement
8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth Contractor shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent,nor shall Contractor have any authority,express or implied,to bind
City to any obligation
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and(ii)any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Contractor in performing the Services Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination
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NPS-2.2(4/23/20)
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years,or for any longer period required by law,from the date of final payment to Contractor
pursuant to this Agreement Such books shall be available at reasonable times for
examination by City at the office of Contractor
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations,written proposals or verbal agreements relating to such matters
are superseded by this Agreement Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing,approved by City and signed by City and
Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences,clauses,paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement
CITY OF REDLANDS D&H WATER SYSTEMS, INC
1
B By
aul W Foster, Mayor David Hartwig,Pre 'de
ATTEST
A06)(ediorl____/
ne Donaldson, City Clerk
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L-Icaldjm\Agreements\D&H Water Systems FY 20-21 docx.jn
NPS-2.2(4/23/20)
EXHIBIT "A"
SCOPE OF SERVICES
D &H Water Systems shall provide the following services associated with City's
Wastewater Division's need for service to be performed on 4 Micro 2000's
I. SERVICE TO BE PERFORMED
ITEM DESCRIPTION
1 Dis-assemble, Clean, and Inspect wed-ends
2 Install new 0-rings, shafts, bearings, and cup seals
3 Clean Chlorine probes
4 Replace electrolyte and porous elements
5 Change out all internal/external tubing
6 Replace any parts identified as compromised
7 Calibration of Micro 2000 units
2. MATERIALS USED FOR SERVICE
MAT DESCRIPTION
4 W3T107488 KIT,PM MICRO 2000 ANALYZER
64 W2T11683 TUBE,RND 0 0625"OD 0 02"ID SYN RBR
16 W2T12617 TUBE,NORPRENE 0 0625"
8 W2T12016 TUBE, 0 375" OD 0 25" ID
8 W2T11081 TUBE,RND PTFE 6 MM OD 4 MM ID
2 W2T13044 ELECTROLYTE, GEL (BOTTLE)
4 W2T11674 RING, OCCLUSION MICRO 2000 ANLZR
8 W2T808741 SCREW,SHLDR SOC 0 312D - 1 75L 18-8SS
D &H Water Systems shall provide the following services associated with City's Water
Division's need for service to be performed on the gas chlorination system
3 EQUIPMENT TO BE SERVICED
ITEM QTY DESCRIPTION
I 4 V2030 Gas Chlorinators
2 4 510M Gas Vacuum Regulators
3 2 1" Chlorine Gas Injectors
4 1 2" Chlorine Gas Injector
5 2 ATI Chlorine Gas Sensors
4. SERVICE TO BE PREFORMED
ITEM ' DESCRIPTION
1 Dis-assemble, inspect, and clean equipment
2 Replace any parts identified as compromised
3 Install preventative maintenance kits
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L 1ca\dim\Agreements\D&H Water Systems FY 20 21 doex in
NPS 2.2(4/23/20)
4 Calibrate and program equipment per manufacturer recommendations
5 Test equipment
5. MATERIALS USED FOR SERVICE
QTY DESCRIPTION
2 W3T110132 ASSY, HEATER 120/240VAC
4 W3T107923 PM KIT,V-2000 3000 PPD
4 W2T12161 DIAPHRAGGM,V DIFF RGLT,.STHK
4 W3T99090 PM KIT, VACUUM REGULATOR, 200/500 PPD
1 W2T19274 O-RING,-228,BUNA N
1 W2T16578 0-RING,-110, BUNA N
W2T17502 O-RING,-148,BUNA N
1 W2T15623 O-RING,-156,HYPAL
1 W2T11991 DIAPHRAGM,INJ CHCK V UNIT,TEF
2 W2T375955 GASKET,FLT,VLT, 562* 375* 020
1 W2T8317 ORING,PERFLUOROELASTOMER,##210
1 W2T422904 TUBE,RTMTR 10"C12 100PPD 2 KG-H
2 W3T98085 KIT, PM 1" AS INJECTOR, CL2
2 W2T11717 SENSOR UNIT, CL2 GAS
1 W2T11505 PLUG, SAFETY VALVE
1 W2T9971 HOUSING, BACK PVC
1 W2T16924 MOLD, INJ ROTA-TOP STOP
2 W2T16151 GASKET, CSM NON-STD 0.6563"ID
40 PTFE-0504 TUBING 5/16" X 114" OD-25'
6 AS NEEDED PARTS SERVICE AND REPAIR
D &H Water Systems shall provide additional support services on an as needed basis
associated with City's Water&Wastewater Division's on the gas chlorination and the
Micro 2000 systems including, but not limited to
Repan and replace chlorine feed system
• Related specialized equipment replacement and repair, such as wet ends,
probes, controllers, and display related items
• Additional calibration and service beyond the annual service listed in the above
fore mentioned
• Training related to repairs, service and new equipment
8
L 1ca\djmlA reements\D&H Water Systems FY 20-21 doex.jn
'SIPS 2 2(4,23 20)
EXHIBIT "B" Bond Number 1040656
Premium $1,605 00
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and D&H Water Systems Inc (hLreinattei
designated as"Principal')have entered into an agreement(the"Agreement")whereby Principal agrees to annual
maintenance, service, repast, material supply support and training foi Evoqua water technologies and its
subsidiary divisions of chemical feed and analytical equipment (thc "Work' ), which said agreement_ dated
July I,2020, and identified as D&H Wate€ Systems is hereby referred to and made a part hereof, and
Whereas undta the terms of the Agreement Principal is required before commending the performance
of the Work,to file a good and sufficient Laboi and Material bond with the City of Redlands to secure the claims
to which reference is made in Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code
of the State of California
Now,therefore,said Principal and the undersigned as corporate surety arc held firmly bound unto the
City and all contractors,subcontractors, laborers material men and othei persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Onc Hundred Seven
Dollars ($I07 000) for materials furnished al laboi thereon of any kind oi foi amounts due under the
Unemployment Insurance Act with respect to such work oi laboi,that said surety w Ill pay the same in an amount
not exceeding the amount hereinabove set forth, and also in ease suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses Ind fees, including reasonable attorneys
fees incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court and to
be taxed as costs and to be included in the Judgment therein rendered
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims undci Title 3 (commencing with Section 9550) of
Part 6 of Division 4 of the Civil Code,so as to give a right of action to them or then assigns in any suit brought
upon this bond
Should the condition of this bond he fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect
The surety hereby stipulates and 'igrees that no change extension of time, alteration oi addition to the
terms of the Agreement oi the specifications accompanying the same shall in any mannei affect its obligations
on this bond,and it does hereby waive notice of any such change,extension of time,alteration oi addition
In witness whereof, this instrument has been duly executed by the Principal and surety above named,
on_ May 29 ,2020
(SEAL) (SEAL)
D&H Water Systems, Inc The Hanover Insurap e Company
(Contractor) (Surer )
BY �-.� { t
(Signature) Signatul.b ` Taylor Pollock, Attorney-in-Fact
g ( � ) I YY
Address
333 Pierce Road, Suite 300
Itasca, IL 60143
(Seal and Notarial Acknowledgment of Telephone(630)773-4266 _
Surety)
46-1
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City of dlands Nutt Professional Sent ices for Worm onent itt Pubht.
Buildings and Grnunci.docx
Acknowledgement Form
State of Florida )
)ss
County of Seminole
On the 29 day of i N in the year Z020, before me, the undersigned notary
public, personally appeared Taylor Pollock , personally known to me of proved
to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
In his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the
individual(s), or the person upon behalf of which the individual(s)acted executed the
instrument
/4)
Notary Public
DAMARIS MARTINEZ
NOTARY PUBLIC
STATE OF FLORIDA
NO GG281212
MY COMMISSION EXPIRES DEC 03,2022
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the mariner and to
the extent herein stated
KNOW ALL PERSONS BY THESE PRESENTS
Thal THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing
under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws
of the State of Michigan,(hereinafter individually and collectively the Company")does hereby constitute and appoint
Brenna Page Tuccelli Barry R Page Bonnie Robbins Candy Leifker,Taylor Pollock and/or Craig Sanassanan
Of Insurance Office of America dba 1OA Insurance Services of Sacramento,CA each individually if there be more than one named as its
true and lawful attorney(s)in fact to sign,execute,seal acknowledge and deliver for and on its behalf and as its act and deed any place within the United
States, any and all surety bonds, recognizances undertakings or other surety obligations The execution of such surety bonds recognizances
undertakings or surety obligations,in pursuance of these presents shall bees binding upon the Company as if they had been duly signed by the president
and attested by the secretary of the Company in their own proper persons Provided however that this power of attorney limits the acts of those named
herein,and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below
Any such obligations in the United States,not to exceed Ten Million and No1100($10 000 090)in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company and said
Resolutions remain in full force and effect
RESOLVED That the President or any Vice President, in conjunction with any Vice President be and they hereby are authorized and
empowered to appoint Attorneys in fact of the Company,in its name and as€t acts,to execute and acknowledge for and on its behalf as surety,
any and all bonds,recognize nces contracts of indemnity waivers of citation and all other writings obligatory in the nature thereof with power to
attach thereto the seal of the Company Any such writings so executed by such Attorneys in fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons
RESOLVED That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto granted
and executed by the President or Vice President in conjunction with any Vice President of the Company shall be binding on the Company to the
same extent as if all signatures therein were manually affixed even though one or more of any such signatures thereon may be facsimile
(Adopted October 7,1981 —The Hanover Insurance Company Adopted April 14 1982—Massachusetts Bay Insurance Company Adopted
September 7,2001—Citizens Insurance Company of America)
IN WITNESS WHEREOF THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals duly attested by two Vice Presidents,this 2nd day
of October,2019
The Hanover Ineurance Company The Hanover Insurance Company
Hassachumetta Bay Insuirance Company F4assachueett ,®ay Insurance Company
Cite ni Insurance Coin ny of America Citizens Into ante Company of America
John C Roche EVP and President .?/tar►" Jaynes H Yai.sleck z, Vice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )ss
On this 2nd day of October 2019 before me came the above named Vice Presidents of The Hanover Insurance Company Massachusetts Bay Insurance
Company and Citizens Insurance Company of America tome personally known to be the individuals and officers described herein and acknowledged that
the seats affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and
Citizens Insurance Company of America respectively and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations
to - i i _ta
� Uanr i Nar)P„bli.
k
41y Ci,mm ssion LRpmx Mnrch x NO
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of
America,hereby certify that the above and foregoing is a full true and correct copy of the Original Power of Attorney issued by said Companies and do
hereby further certify that the said Powers of Attorney are still in force and effect
GIVEN under my hand and the seals of said Companies at Worcester Massachusetts this 29th day of May,2020
CERTIFIED COPY : , .f "
Theodore 0 Martinez Vice President
e
RIPS 2,2(4/23/20)
EXHIBIT "C"
("Fee Schedule/Price and Fee Bid")
WASTEWATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Scope of Work Exhibit"A"Line 2 $3,507 75
SERVICE TIME AND TRAVEL
10—Hours Service Time $1,850 00
4—Hours Travel Time $740 00
130 Miles $71 50
1 —Night Per Diem $200 00
TOTAL $6,369 25
Price per occurrence one time a year
WATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Scope of Work Exhibit"A"Line 5 $5,194 92
SERVICE TIME AND TRAVEL
45 —Hours Service Time $8,325 00
5 —Hours Travel Time $925 00
720 Miles $396 00
5 —Nights Per Diem $1,000 00
TOTAL $15,840 92
Price per occurrence one time a year
AS NEED SERVICES AT THE RATES LISTED BELOW
Service Time per hour $185 00
Travel Time per hour $185 00
Per Mile $0 55
Night Per Diem $200 00
The cost for parts shall not exceed the actual cost plus 20%percent mark-up
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NPS 2.2(4/23/20)
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, of as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However,at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self-insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
D&H WATER SYSTEMS, INC
By Date i D ! 2DLO
avid Hartwig,President
11
L 1ca\djm\Agreements\D&H Water Systems ry 20 21 docx.in