Contract - JIMNI Systems, Inc. - 2020-03-30AGREEMENT FOR ® STATION INSPECTION AND MAINTENANCI
JIMNI Systems, Inc.
This Agreement ("AGREEMENT") is made and effective as of March S 6 —,, 2021
*etween the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and JIW
Systems, Inc., a California corporation ("CONTRACTOR"). In consideration of the mutu
covenants and conditions set forth herein, the parties agree as follows: I
This AGREEMENT shall commence on the issuance of a "Notice to Proceed" an
shall ain and continue in effect until tasks described herein are completed, unle
sooner terminated pursuant to the provisions of this AGREEMENT. I
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CONTRACTOR shall inspect pump stations assigned by DISTRICT and after
receiving direction from DISTRICT staff, will perform necessary maintenance.
CONTRACTOR will keep record of the tasks performed at each station and make
2vailable said records to DISTRICT staff.
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CONTRACTOR shall perform all SERVICES under this AGREEMENT in a skillful
and competent manner, consistent with the standards generally recognized as being
employed by CONTRACTORs 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
CONTRACTOR's 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,
Compensation for the SERVICES shall be based on the actual amount of time
Qpent in adequately performing the ® and shall aweilled at the hourly rate(s) as�
set forth in Exhibit "A". However, unless expressly agreed in a written change order in
advance by DISTRICT, the cost to DISTRICT for the SERVICES shall not exceed thirty
thousand dollars ($30,000.00). 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 th
SERVICES progresses. DISTRICT shall review and pay the approved charges on suc
invoices in a timely manner. I
CONTRACTOR understands that this job, if over One Thousand Dollars
($1,000.00) in value and not exempt, requires compliance with the prevang wage law.
(Labor Code §§ 1720 et 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/disr/pwd/index.htm. 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 Prevang 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 coveraae for such
employees which meets all requirements of state law (Labor Code § 1861,
At a minimum, CONTRACTOR is required to submit proof of insurance in accordance
with the following standards:
Minimum Scope 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 Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto),and
(3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance
as required by the State of California and Employer's Liability Insurance.
(A) General Liability, One Million Dollars ($1,000,000.00) per occurrence for bodil
injury, personal injury and property damage. If Commercial General Liability Insurance
*ther form with general aggregate limit is used, either the general aggregate limit shal,
apply separately to this AGREEMENT/location or the general aggregate limit shall be
twice the required occurrence limit.
(B) Automobile Liability. One Million Dollars ($1,000,000.00) per accident for
bodily injury and property damage.
(C) Workers' Compensation and Employer's Liability. Workers' Compensatio
limits as required by the Labor Code of the State of California. Employer's Liability limit
of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. I
Insurance Endorsements.- The insurance policies shall contain the following provisionc�l
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and a separate endorsement stating to add the following provisions to the insuranc'.
policies shall be submitted and approved by bISTRICT: I
All insurance documents must be submitted and approved • the District's Ris
•#' prior to execution of any AGREEMENT with DISTRICT. I
7. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes
professional standard of care for CONTRACTOR's services, to the fullest extent permitte
by law. CONTRACTOR shall indemnify, protect, defend, and hold harmless DISTRIC
and any and all of its officials, employees, and agents from and against any and all losse
liabilities, damages, costs, and expenses, including attorney's fees and costs to the exte r wl ill
the same arise out of, pertain to, or relate to the negligenceo
, recklessness, if
�
misconduct of CONTRACTOR, its officers, agents, employees, or subCONTRACTOR 1
(or any entity or individual that CONTRACTOR shall bear the legal liability thereof) in th
performance of professional services under this AGREEMENT. i
(b) Indemnification for Other than Professional Liability, 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
subCONTRACTORs of CONTRACTOR.
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 so that no fire hazards are created.
•
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 to
the notification of termination, CONTRACTOR may terminate this AGREEMENT for
cause only.
This AGREEMENT shall be interpreted according to the laws of the State of Californi
and any action arising from this AGREEMENT shall be brought in the superior or feder
district court with jurisdiction over DISTRICT. i
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 AGREEMENT and any
attachment hereto, this AGREEMENT shall control in all respects,
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 to DISTRICT. If specialized
software or computer hardware is required to view or transmit said work product,
CONTRACTOR shall make that software and hardware available 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
li 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.
General Manager �6`atu
Name
ZT1,417
Harper & Burns ALP Title'
District Counsel
Date
JIMNIY.I
EMERGENCYSER VICE 24 HOURS A DAY 7DAYS A WEEK
(949) 770-7654
PREVAILING WAGE: SCHEDULED/ECALL RATES
SCHEDULED TECHNICIAN REPAIR LABOR RATES
(MONDAY THRU FRIDAY 7:00 AM TO 4:00 PM)
1) One -Technician
($260.00 per hour)
2) Two- Technician Crew
($400.00 per hour)
3) Three- Technician Crew
($580.00 per hour)
4) Confined Space Entry (Two- Technician Crew)
($455.00 per hour)
5) Confined Space Entry (Three- Technician Crew)
($675.00 per hour)
6) JIMNI Shop Labor
($165.00 per hour)
7) One Non -Technician
($165.00 per hour)
EMERGENCY CALL -IN
(MONDAY THRU FRIDAY 7:00 AM TO 4:00 PM)
(3 Hour Minimum)
1. One- Technician ($320.00 per hour)
2. Two- Technician Crew ($520.00 per hour)
3. Three- Technician Crew ($760.00 per hour)
4. Confined Space Entry (Two- Technician Crew) ($590.00 per hour)
5. Confined Space Entry (Three- Technician Crew) ($850.00 per hour)
EMERGENCY CALL -IN
(MONDAY THRU FRIDAY 4:00 PM TO 7:00 AM, INCLUDING HOLIDAYS AND WEEKENDS)
(3 Hour Minimum)
1) One -Technician
($640.00 per hour)
2) Two -Technician Crew
($780.00 per hour)
3) Three -Technician Crew
($1,025.00 per hour)
4) Certified Confined Space Entry (Two Technician Crew)
($925.00 per hour)
5) Certified Confined Space Entry (Three Technician Crew)
($1,170.00 per hour)
LAST UPDATED: 4/2019
PROPERTY OF JIMNI Systems, Inc.
This information is confidential and/or privilege. If you are not the intended recipient, you may not read, copy, distribute,
or use this information. If you have received this transmission in error, please notify the sender immediately.
Scott Carroll
From: Alan Burns <arb@harperburns.com>
Sent: Wednesday, March 25, 2020 11:34 AM
To: Scott Carroll
Subject: Re: quote for work emergency
Scott
The contract with JIMNI for pump station maintenance is approved. I cannot affix an e-signature at this time. I suggest
you just initial the approved as to form blank with ARB and keep this email with the file. Thanks
On Mar 25, 2020, at 8:24 AM, Scott Carroll <scarrollkcrosdca.go_v> wrote:
Alan,
Please sign and return to me. Thanks.
From: Steve Cano
Sent: Wednesday, March 25, 2020 8:13 AM
To: Scott Carroll
Subject: FW: quote for work emergency
From: Zach Shuman <zshuman@iimnisystems.com>
Sent: Wednesday, March 25, 2020 8:09 AM
To: Steve Cano <scano@crosdca.gov>
Subject: RE: quote for work emergency
Good morning attached is the signed contract
Zaahar� shRmo ,
Operations Manager
so p� M,:% y �`ft55"" t/' �• � �ti� `� K f ;C W� .9 ,y'.iP.
Pump and Control Specialists
11161 Jeffrey Road I Irvine, CA 92602
Tel/Afterhours: (949) 770-7654
Cell: (949) 929-9892
Fax: (949) 398-2791
https://www.iimnisystems.com/
https://www.linkedin.com/feed/
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