HomeMy WebLinkAboutAquatic Design Group Inc; 2008-10-21; PWGS436AGREEMENT FOR DESIGN OF LIQUID CHLORINATION AND LIQUID ACID SYSTEMS TO
REPLACE GASEOUS CHLORINE AND CAUSTIC ACID SYSTEMS SERVICES
Aquatic Design X»roup, Inc.
PWES436 .
AGREEMENT is made and entered into as of the (~A I day of
&S\ 20O?^ by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Aquatic Design Group, Inc., a California Corporation, ("Contractor").
RECITALS
A. City requires the professional services of a Swimming Pool and Aquatic Feature
Designer that is experienced in Swimming Pool and Aquatic Feature Designer. Contractor has
the necessary experience in providing these professional services, has submitted a proposal to
City and has affirmed its willingness and ability to perform such work.
B. Contractor has the necessary experience in providing professional services and
advice related to Swimming Pool and Aquatic Feature Design.
C. Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
D. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
E. Contractor has been performing work since September 15, 2008 without the
benefit of an agreement and the parties desire to ratify the work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one year from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will be Four
Thousand dollars ($4,000). No other compensation for the Services will be allowed except for
items covered by subsequent amendments to this Agreement. City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or the Services
specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
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ORIGINAL
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
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12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
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14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
*By:
CITY OF
corporation
By:
(sign here)
(print name/title)ATTEST:
(e-mail address)
'By;LORRAINEM. WOOD
City Clerk
(sign here)
it /
!AI««.\ '(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.06.08
AQUATIC PROFESSIONAL SERVICES AUTHORIZATION
DESIGN GROUP
Upon the request of Mr. Carl Pope, this Agreement dated as of 13 October 2008 between the
parties designated below for the PROJECT:
Carlsbad Swim Complex Chlorination System Change
authorizes the CONSULTANT to:
[X] Proceed with professional services
as follows:
Design of liquid chlorination and acid and CO2 systems to replace existing gas
chlorination and caustic soda systems.
Design of UV system excluding associated electrical design.
Provide cost estimate for renovation associated with above changes.
CONSULTANT shall be compensated by CLIENT as follows:
THREE THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($3,600.00).
APPROVED BY: APPROVED BY:
AQUATIC DESIGN GROUP, INC. CITY OF CARLSBAD
Consultant Client
Signature Signature
14 October 2008
Dote Dote