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Contract - JIMNI Systems Inc - 2022-04-07AGREEMENT FOR ELECTRICAL HOT WORK FOR CMSD PUMP STATIONS JIMNI SYSTEMS INC. This Agreement ("AGREEMENT") is made and effective as of April 7, 2022, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), andJIMNI SYSTEMS INC, a California Incorporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This AGREEMENT shall commence on April 18, 2022, and shall remain and continue in effect until tasks described herein are completed unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONTRACTOR shall perform the hot work on the twenty pump stations ("SERVICES") to DISTRICT for DISTRICT's Electrical Hot Work for CMSD Pump Stations The SERVICES to be provided include the following: • Take AMP readings for both pumps-3 legs • Take Voltage readings for both pumps-3 legs • Take Voltage to ground readings for both pumps-3 legs Tighten electrical connections 3. PERFORMANCE CONTRACTOR shall perform all SERVICES under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by consultants in the same discipline in the State of California and consistent with all applicable laws. CONTRACTOR shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONTRACTOFt; work product before accepting the same. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. COMPENSATION Compensation for the SERVICES shall be based on the actual amount of time spent in adequately performing the SERVICES and shall be billed no more than the amount of Ten Thousand Four Hundred and Twenty One Dollars and Sixty Three Cents ($10,421.63). However, unless expressly agreed in a written change order in advance 1 PSA 30U 12 10 by DISTRICT, the cost to DISTRICT for the SERVICES shall not exceed $10,421.63 The written change order requirement cannot be waived. Failure to submit a written change order and receive written approval by the DISTRICT prior to performing extra work shall constitute a waiver of a claim for additional time or compensation. Invoices shall be submitted to DISTRICT monthly as performance of the SERVICES progresses. DISTRICT shall review and pay the approved charges on such invoices in a timely manner. SERVICES on the PROJECT shall begin immediately and be completed by 90 working days unless extended by DISTRICT in writing. n"AXW CONTRACTOR understands that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. -(Labor, Code, §§ 1720 of seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at http://www.dir.ca-gov/dlsr/pwd/index.ht.m CONTRACTOR agrees to pay prevailing wages and maintain prevailing wage records regarding those payments CONTRACTOR is also required to comply with the apprentice requirements. CONTRACTOR shall defend, indemnify, and hold the DISTRICT, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR recognizes that state law makes eight (8) hours a day's work, and any worker working in excess of that time must be paid overtime. Labor Code § 1813.) CONTRACTOR shall, at its expense, procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONTRACTOR, its agents representatives, employees, or subcontractors CONTRACTOR shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONTRACTOR is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONTRACTOR shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law LUbor Code § 1861). CONTRACTOR shall also provide errors and omissions professional liability insurance appropriate to its profession in an amoun,t with conditions, and for a term acceptable to the DISTRICT. At a minimum, CONTRACTOR is required to submit proof of insurance in accordance with the following standards: Minimum Scone of Insurance: Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile 2 PSA 30U 12 10 Liability: insurance Services Office Business Auto Coverage form number CA 0001 code I (any auto); and (3) f Workers' Compensation and Employer's Liability. Workers - Compensation insurance as required by the Insurance. State Of California and Employer's Liability Minimum Limits of than: Insurance: CONTRACTOR shall maintain limits of no less (A) Genera! One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and Property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT/location or the aggregate limit shall be twice the required occurrence limit. ggeneneral (B)Automobil One Million Dollars ($1,000,000-00er acci bodily injury and property damage. ) pdent for (C)Workers' Cam CompensaCompensationlimits as required by the Labor Code of the StateoCalifornia. Workers' ' f Employer's Liability limits of One Million Dollars ($1,000,000.00per accidfor bodily injury or disease. ) dent Insurance -Endorsements: The insurance Policies shall contain the following provisions, and a separate endorsement stating to add the followinrovisions insurance Policies shall be submitted and approved by DISTRICT: g pto the (A)�Ggg�ne�ra�!Lia�bili y. The general liability Policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of the CONTRACTOR, including materials, parts, orequipmentfurnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of the CONTRACTOR's insurance and shall not be called upon to contribute with it in any way. (B)MEO—rhers' Comp nsation and _Em I�oer�IsU�abift S shall agree to waive all rights of subrogation against DIST RI(-O—Heurame. The insurer CT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance Policy which arise from work performed by the CONTRACTOR. (C)AH.92MMM. Each insurance Policy required by this AGREEMENT shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT, and (B) any failure to comply with reporting or other Provisions of the policies, including breaches or warranties, shall not affect PSA 30U 1210 3 coverage provided to DISTRICT, its directors, official, Officers, employees, agents, and volunteers. Acceptability of insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VIII, licensed to do business in California, and satisfactory to DISTRICT. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. 7. INDEMNIFICATION (a) Indemnification for Professiona Liabili. When the law establishes a professional standard Of care for CONSULTANT's services, to the fullest extent permitted by law, CONTRACTOR shall indemnify, Protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, its officers, agents, employees, or subconsuftnts (or any entity or individual that CONTRACTOR shall bear the legal liability thereof) in'the performance of professional services under this AGREEMENT. (b) Indemnification forOtherthan ProfeggjgfljL_Ljg!g&. Other than in the performance of professional services and to the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including, but not limited to, officers, agents, employees, or subconsultants, of CONTRACTOR. 8. SAFETY AND SITE CONDITION CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR's responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR's duty to dust -palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR's so that no fire hazards are created. 9. TERMINATION DISTRICT may terminate this AGREEMENT at any time with or without cause. if DISTRICT terminates this AGREEMENT without cause before PROJECT completion, CONTRACTOR shall be entitled to be paid for SERVICES adequately completed prior PSA 30U 12 10 4 to the notification of termination. CONTRACTOR may terminate this AGREEMENT for cause only. 10. This AGREEMENT shall be interpreted according to the laws of the State of California and any action arising from this AGREEMENT shall be brought in the superior or federal district court with jurisdiction over DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREE and any attachment hereto, this AGREEMENT shall control in all respects. MENT DISTRICT shall own all work product prepared in the course of providing the SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT, CONTRACTOR shall immediately turn all work product over tr DISTRICT. if specialized software or computer hardware is required to view or ansmit sawork product, CONTRACTOR shall make that software and hardware available id to the DISTRICT at no cost during normal business hours. This AGREEMENT cannot be assigned without the prior written consent of the DISTRICT. CONTRACTOR is and shall at all times remain as to DISTRICT an independent contractor. No employee benefits shall be available to CONTRACTOR in connection with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONTRACTOR for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing any services hereunder. All information gained by CONTRACTOR in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONTRACTOR without DISTRICT's prior written authorization. CONTRACTOR shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONTRACTOR gives DISTRICT notice of such court order or subpoena. CONTRACTOR warrants that the individual who has signed this AGREEMENT has the legal power, right, and authority to make this AGREEMENT and bind the CONTRACTOR hereto. If you agree with the terms of this AGREEMENT, indicate by signing and dating two original agreements where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. PSA 30U 1210 5 DISTRICT Approved by.• Genera�IM a �na ga Approved as to Form: Harper & Burns LLP District Counsel ATTEST: DocuSigned by: Signing on behalf of 95D1399DOEAD416... Noel and Mi ddenway District Clerk PSA 30U 1210 CONTRACTOR Reviewed and A -. -► . . u- Name Title Date JIMNI systenis inn 11161 Jeffrey Road j Irvine, C.� 92602 T (949) 770-7654 j F (949) 398-4176 Name / :Address COSTIN Nil -USA SANTTA-1'i()N DlS'lytiCT 174 W. WIT SON ST. COSTA 'NINSA, CA 92627 11'1"i'N: ACCOUNTS PAYABLFS Description 1:1.1?t:'CRT(;AL iNSPI:(.110NS FOR 20 5"1,1Ti()NS t'tlI: WoItK'i'() BI: t {)11t'I.I:I1:h OVI,R 3 RUSiNE&S DA)'$ UPON COhjI)LF.1'iC)N A RF.P()RT WTLI. BF, Si.tiiACr1TFD II)AY ONE SCI• MULED LABOR, TWO 1ECEiNUX&S, QOB PREP/"'RAVEL) t;t[t:I7UId;I),11t!{)'I'1;(:tlNTt;IAN4(I)REVAMING WA(;1;) CONSI.1111ABLES (SAFETY GEAR) -VIIIS IS 1'{) ONLY 11'ti I' V()I.'1'A(;I: ON MO1'()It MDE OF (:{)N' AC; R )lt AND RUNNiN(i AMPS ALSO %IAKTi SURE CONFEC:l'IONS ARI: T(i(i'r DAY IVO SCIMMULI:I7 LARC)R.'tvo'rt t:TTNICTANS GOB PRF,P1TRAVF.I) SCHI;r)UTXi?.1WOITAC;T NICIANS (PRIsVAItdNC, WAGE) C ONSUNIABIXS (SAFE 11' GRAR) 11IIS IS ONLY TC)1E,S'T VOLTAGE ON MO'rt)R SIDE OF r0 NTACrOR AND RUNNING AMPS AL.So MAKR SURD CONNF-C-noNS ARB-17IGHT i'my r!iituu, S(7IEDULED LABOR, TWO'rECHNICIANS 0OB pR&PJ't7iAVI,Lj tit;tll:2)UI.1:I),`T1sV{)'17;C:liNI(;L1N;. (1'REVATIANG W:1(;1;) CONSMIABLES (SAMY GLAR) MIS IS {)NLY1'() Ti-S1' V()i:I:tC , ON MOTOIt SII)T: ()I, C ONTAC:1'CNt AND RUNNING AMPS AT -SO MAKE SURF, C ONNFC:TTONS ARR TI(;TIT 5"I'i?VI. IF WE ARE ABLE 'ro IT QUICKER WE WILL CHARGE ACCORDINGLY ESTIMATE Date i :stimate # 3/8/2022 7361 Please Note: Estimate Valid for 30 days only P()# I Station I:i.l :C;1' INSP W/1Irs Cost # Total 330.00660.00 40o.w 2,760.00 50.00 50.00'I` 330.00 660.00 40,00 2,760.00 50.1x) 50.001, .130.00 660.00 460.00 2,760.00 50.00 50.00'I' Job Site :iddreKs C;c)ntact Name :iales Tax (7,750/6) St 1.63 Total $10,�I21.63 I'hc>s)c Number Email Authc)riircl Signature '!'itic Date Please nwc.-1"his is only an estmatc. You will only be charged fi)r the hours used, if additional hours arc ncded we will cc»,tact y()u. Due to the nature of the proposed wc)rk Jinni Systems cannot guarantee that during the above repairs that any existing equipment will not be damaged or broke», due to ago or corrosion not detectable at ti)c time of inspection. If any existing equipment piping,valvcs,or any accessory items arc broken or damaged during the repair)imni will rcpc)rt this and request autlu)riration to replace any imn. If there is an immediate nerd to) replace any item due to maintaining (1t)w and Jimni cannot immediately contact the responsible per.son. Jimni will replace thc•,.c: items stated rates. at cost plus c)t)r normal overhead and Profit. All iabor will be at Upon approval of this estimate a 50% deposit will be required to order equipment and materials. The remaining 50% will be due upon the delivery of equipment/matetials to Jimni Systems, inc. At completion of job, labor and any miscellaneous costs will be billed. Please initial here that you accept the about: terms PORT TO PORT CHARGES APPLY. CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE 591989 - JIMNI SYSTEMS INC , CORP C42 C6 I /D21 A C 10 04/30/2022 WWW. Cslb. ca. gov rum