HomeMy WebLinkAboutContracts & Agreements_1112-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of ProMinent fluid controls, Evoqua water technologies
and its subsidiary divisions of chemical feed and analytical equipment, supplies and related
components ("Agreement") is made and entered in this 21st day of June, 2022 ("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
11
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
City hereby engages Contractor to perform ProMinent Fluid Controls, Evoqua water
technologies and its subsidiary divisions of chemical feed and analytical equipment,
supplies and related components services for City (the "Services") 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 this reference
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 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 Labor 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
2.2 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 3 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
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2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810
2.6 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
2.7 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 reasonably
assist Contractor in performing the Services.
3.2 City designates John R. Harris, 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 The Services shall commence as of the Effective Date of this Agreement. Contractor shall
perform and complete the Services inia prompt and diligent manner in accordance with
the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by
this reference.
4.2 The term of this Agreement shall be for a period of one (1) year and will begin July 1,
2022 (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 this reference, in an amount
equal to one hundred percent (100%) of the total compensation to be paid to Contractor
pursuant to this Agreement.
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ARTICLE 5 -- PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of one hundred eighty four thousand dollars ($184,000) for the Services provided
during 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
eighty four thousand dollars ($184,000) for the first Extended Term, and one hundred
eighty four thousand dollars ($1.84,000) for the second Extended Term, bringing the total
possible amount of compensation to a not -to -exceed amount of five hundred fifty two
thousand dollars ($552,000). 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, (ii) 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 or electronic inail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in 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
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
David Hartwig, President
D&H Water Systems, Inc.
603 Seagaze Drive, #241
Oceanside, Ca. 92054
david@dandhwatersystems.coml
(760) 722.6893
(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
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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 or exempt from the workers' compensation laws
of 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 and appointed
officials, employees and agents from and against any and all claims, losses and 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)
(ii)
approve a rate, rule or regulation, or adopt or enforce a City law;
issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
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(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 or guidelines for City
or for any subdivision thereof.
Q 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,
Contractor 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
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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 m performing the Services Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
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 fmal 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, without regard to its conflicts of laws provisions The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, 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.
D&H WATER SYSTEMS
By G - By.
Paul T Barich, Mayor David Hartwig, President
ATTEST.
nne Donaldson, City Clerk
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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.
A.
SERVICE TO BE PERFORMED
ITEM
DESCRIPTION
1
Disassemble, Clean, and Inspect wet 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
B.
EQUIPMENT USED FOR SERVICE
QTY
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 M.M. OD 4 MM ID
2
W2T13044 ELECTROLYTE, GEL (BOTTLE)
4
W2T11.674 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.
A.
SERVICE ON THE FOLLOWING
ITEM
QTY
DESCRIPTION
1
4
V2030 Gas Chlorinators
2
4
510M Gas Vacuum Regulators
3
2
1" Chlorine Gas Injectors
4
1
2" Chlorine Gas Injector
ATI Chlorine Gas Sensors
SERVICE TO BE PREFORMED
ITEM
DESCRIPTION
1
Disassemble, inspect, and clean equipment
2.
Replace any parts identified as compromised
3
Install preventative maintenance kits
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4
Calibrate and program equipment per manufacturer recommendations
5
Test equipment
C.
EQUIPMENT USED FOR SERVICE
QTY
DESCRIPTION
2
W3T110132 ASSY, HEATER 120/240VAC
4
W3T107923 PM KIT, V-2000 3000 PPD
4
W2T121.61 DIAPHRAGGM,V DIFF RGLT,.STHK
4
W3T99090 PM KIT, VACUUM REGULATOR, 200/500 PPD
1
W2T19274 O-RING,-228,BUNA N
1
W2T16578 O-RING,-110, BUNA N
1,
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 1/4" OD-25'
Additional calibration and service beyond the annual service listed in the above fore
mentioned. Training related to repairs, service and new equipment.
D. 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. Including but not limited to
Evoqua chlorination feed equipment and materials
Wallace & Tiernan Micro 2000 systems and materials
ProMinent chemical feed systems and components, analyzer equipment and related support
materials
Related specialized equipment replacement and repair, such as wet ends, probes,
controllers, and display related items.
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EXHIBIT "B"
LABOR AND MATERIAL BOND
NPS 2.2 (2/26/20)
BOND NO 1183355
PREMIUM = $1,605 00
Whereas, the City Council of the City of Redlands, State of California and D&H Water Systems inc
(hereinafter designated as `Principal") have entered into an agreement (the "Agreement") whereby Principal
agrees to install and complete certain designated public improvements (the "Work"), which said agreement,
dated March 24, 2020, 20XX, and identified as annual maintenance, service, repair, material supply,
support and training for Evoqua Watei Technologies and its subsidiary divisions of chemical
feed and analytical equipment is hereby referred to and made a part hereof, and
Whereas, undet 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, are held firmly bound unto
the City and all contractors, subcontractors, laborers material men and other persons employed in the
performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
Dollars ($107,000) for materials furnished of labor thereon of any kind or rot amounts due under the
Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and 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 under 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 be 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 agrees that no change, extension of time, alteration of addition to the
terms of the Agreement of the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of tune, alteration or addition
in witness whereof, this instrument has been duly executed by the Principal and surety above named,
on May 2, 2022
(SEAL)
D&H Water Systems, Inc
(Cont tor)
(SEAL)
Arc insurance Company
FLEAS SEE ATTACHED
NOTARIAL CATE(NS
/&-)dif7y,
(Signature) ( Bonnie S Robbins, Attorney -in -Fact
Address 3 Parkway, Suite 1500
Philadelphia, PA 19102
(Seal aid Notarial Acknowledgment of Telephone( 770 )519-5827
Surety)
i0
C•\ASRAST TAM\ThinClient\Temp\Attachments\hx4wewc0.gv0\tk renewal 1040656 C itv of Redlands Evoqua Water Treatment
Technologies.doc
AIC 0000357369
This Power of'Attorney !hens the acts ()phase named herein, and they have no authority to hind the Company except in the manner and to the extent herein skirted.
Not valid far Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential I Trine Guarantees,
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, it corporation organized and existing under the laws of the State of Missouri, buying its principal administrative office in Jersey City
New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Bonnie S. Robbins, Charles P Boornazian, Niekle i. Sorensen and Taylor M. Pollock of Lonwood, FL (EACH)
its true and lawtitl Attorney(s)in-Fact, to slake, execute, seal, and deliver ti'om the date of issuance of this power for and on its behalf as surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligatlons, in the penal sum not exceeding Njpcty Miliiot Dollars (S90,000,000,00),
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set north
herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as
fully and amply to all intents and purposes, as if the same hacl been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City New Jersey
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent oi'the Board of Directors of the Company on December 10, 2020, true
and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in lull tin'ce and effect:
'VOTED That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their
appointees designated 111 writing and tiled with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys -in -Pact, and to
authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf ol'the Company and attach the seal of'thc'C'ompany
thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents tint
acceptance of process.
This Power of Attorney is signed, sealed and certified by facsimile under and by authority ot'the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on December 10, 2020:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business
Division, or their appointees designated in writing and tiled with the Secretary and the signature of the Secretary the sent ot'the Company and certifications by the
Secretary, may be affixed by facsimile on any power ol'attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020,
and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company in Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 y°'' day
of November., 2021 ��
Attested and Certified
Regan A. Shulman, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
oe
Arch Insurance Company
Stephen C' Ruschak, Executive Vice President
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch insurance Company a C'orporation organized and existing under the laws of the State of
Missouri, subscribed to the tbregoing instrument, appeared before me this day in person and severally acknowledged that they being hereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the tree and voluntary act of said corporation and as their own tree and voluntary acts for the uses and
1afrMtdU14 nlwtFtarnlo tlrttuy
purposes therein set forth.
atSta1 •�
IBI(HtlrYRIPODR, NotcylPublie t �T �rYQ+
Ph 1+ Mich e'1 ''podi. Notar ublic
My commission expires 07/31/2025
CERTIFICATION
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 19, 2021 on behalf of the
person(s) as listed above is a true and correct copy and that the same has been in full force and effect sines the date thereof and is in Pall force and effect on the date of
this certificate; and i do further certify that the said Stephen C Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Executive Vice President of the Arch insurance Company
IN TESTIMONY WHEREOF T have hereunto subscribed my name andaffixed the corporate seal of the Arch insurance Company on this 2 d clay of Mal
2022
Philotiol Ft C.aun4
irrtmitsitm ExPIB 1 NIY 3f,• 2(Ju1S
44mn4gkn 1 nl6or "4402
.9)1,--
RedatiA. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the extent herein stated.
PLEASE SENT) Alt. CLAIM INQUIRIES RELATING TO THiS BOND'1'0 THE FOLLOWING 4DDRESS:
Arch Insurance — Surety Division
3 Parkway Suite 1500
Philadelphia, PA 19102
$tir
To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company atSuretyAuthentic(Oercl',inaurance.carn
Please refer to the above named Attorneydn•Fact and the details of the bond to which the power is attached.
AICPOA040120
Printed in U.S.A.
Certificate of Acknowledgement
state of Florida
County cf Seminole
a ^
Or � , before me,
(date)
personally appeared,
Damaris Martinez
(notary;
Bonnie S Robbins
(signers)
proved to me on the basis of satisfactory evidence to be the person(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 authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal
(notary signature)
My Commission Expires. Dec03,2022
(seal)
DAMARIS MARTINEZ
NOTARY PUBLIC
STATE OF FLORIDA
NO GG281212
MY COMMISSION EXPIRES DEC. 03, 2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California San Diego
County of
On May 4, 2022 before me, Shannon Gabbour, Notary Public
(insert name and title of the officer)
personally appeared David Hartwig
who proved to me on the basis of satisfactory evidence to be the person(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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
c
Signaturec
(Seal)
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EXHIBIT "C"
PRICE AND FEE BID
WASTEWATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Sco e of Work Exhibit "A"
SERVICE TIME AND TRAVEL
Hours Service Time
$2,250.00
Hours Travel Time
$1,125.00
Miles
$114 00
Night Per Diem
$500 00
TOTAL
$8,296.73
Price per occurrence one time a year
WATER ANNUAL SERVICE
LOT MATERIALS REQUIRED FOR SERVICE
See Scope of Work
SERVICE TIME AND TRAVEL
Hours Service Time
$8,550 00
Hours Travel Time
$2,250.00
Miles
$239 40
Nights Per Diem
$1,500.00
TOTAL
$18,118 19
Price per occurrence one time a year
AS NEED SERVICES AT THE RATES LISTED BELOW
Service Time per hour
Travel Time per hour
Per Mile
Night Per Diem
$225 00
$225 00
$0.57
$250 00
The cost for parts shall not exceed the actual cost plus 20% percent mark-up
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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, or 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
N/ 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
By.
David Hartwig, President
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Date. 5/2,L4