HomeMy WebLinkAboutAquatic Inspections Inc; 2009-02-04;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between Aquatic Inspections, Inc., a California corporation
(Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all
equipment, material and labor necessary to repair pinholes and tear in the cover at Maerkle Dam
Reseroir, per the Contractor's proposal dated January 29, 2009 and the District specifications,
for a sum not to exceed two thousand seven hundred fifty dollars ($2,750.00). This work is to be
completed within 10 working days after issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City of Carlsbad and the District, and its agents, officers and employees,
from all claims, loss, damage, injury and liability of every kind, nature and description, directly
or indirectly arising from or in connection with the performance of this Contract or work; or
from any failure or alleged failure of the contractor to comply with any applicable law, rules or
regulations including those relating to safety and health; except for loss or damage which was
caused solely by the active negligence of the District; and from any and all claims, loss,
damage, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by this Contract, unless the loss or damage was
caused solely by the active negligence of the District. The expenses of defense include all
costs and expenses, including attorney's fees for litigation, arbitration, or other dispute
resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance
and a combined policy of workers compensation and employers liability in an insurable
amount of not less than five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad and the District as a co-insured or additional insured. Insurance is to be
placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at
least A-:V, and (2) are admitted and authorized to transact the business of insurance in the
State of California by the Insurance Commissioner. Proof of all such insurance shall be given
by filing certificates of insurance with contracting department prior to the signing of the
contract by the District.
4. The Contractor shall be aware of and comply with all Federal, State, County and City
Statutes, Ordinances and Regulations, including Workers Compensation laws (Division 4,
California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC,
Sections 1101 through 1525), to .include but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that are included in this
Contract.
5. The Contractor 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, etseq V^jnit V\-vJnit
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the District to disqualify the Contractor from participating in contract bidding.V^-x. init (^Mnit
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the
- 1 - Revised 02/11/02
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of applicable wage rates is on file in the office of the
City Engineer. The contractor to whom the contract is awarded shall not pay less than the
said specified prevailing rates of wages to all workers employed by him or her in the execution
of the contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Kevin Davis
(Project Mgr)
Aquatic Inspections. Inc
/ <L
(Department)
1635 Faraday Ave Carlsbad. CA 92008
(Address)
"7
'(Name of Contractor)(Contractor's License Number)
(Print Name and Title)
%^s>s^3T
Department Head Date
If required by CMWD, 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, -Gity Attorney
BY:
I
Deputy City-Attorney — •
- 2 -Revised 02/1 1/02
EXHIBIT A
REPAIR PROPOSAL
AQUATIC INSPECTIONS, INC.
132 N. El Camino Real Ste. 165
Encinitas, CA 92024
(760)753-4812 or robert@aquaticinspections.com
Proposal Submitted To:
City of Carlsbad January 29, 2009
1635 Faraday Avenue Carlsbad, California 92008 (760)602-2787
(760)602-8562 Fax
Facility Description and Location:
Maerkle Dam Reservoir - 200MG hypalon covered potable water storage reservoir
The reservoir is located in Carlsbad, CA.
AQUATIC INSPECTIONS, INC. hereby submits the following proposal subject to the
conditions which follow:
We will address all holes/tears in the hypalon cover and rainwater collection troughs
identified during the recent inspection of Maerkle Dam Reservoir. The inspection
revealed approximately 15 holes in the hypalon cover and 5 holes/tears in the rainwater
collection troughs. The hypalon repairs will be made with an adhesive tape which will
be encased in a two part epoxy patching material (Aquatapoxy A-7). Aquatapoxy A-7
has NSF-61 approval for application in potable water storage facilities. If the divers
have time after repairing the holes/tears in the cover we will be happy to film the
exercising the of the butterfly valves in the three outlet lines in Maerkle Dam Reservoir.
The City of Carlsbad will be supplied with an edited, narrated dvd documenting the
repairs and time permitting exercising of the valves. All diving will be conducted
utilizing a minimum of a three man dive team as per Federal OSHA 1910 Subpart T-
Commercial Diving Operations. All diving will also be conducted as per AWWA 652
(2002). Liability and Workers Compensation Certificates will be provided upon request.*
WE HEREBY PROPOSE to furnish all labor and materials complete in accordance with
the above specifications , for the sum of:
Two Thousand Seven Hundred Fifty ($2,750.00) **
This proposal is valid for sixty days. All services provided by Aquatic Inspections, Inc.
are guaranteed.
* Many of the holes identified during the inspection are located near the slope. If a
decision is made to have divers address the holes/tears in the hypalon liner we require
the reservoir to be filled to near capacity. Approximately 55' of water was in the
reservoir during the inspection. If the reservoir is not filled to capacity the divers will be
unable to address some the holes in the cover.
** This proposal is based upon paying Prevailing Wages as determined by the Director
of Industrial Relations.
Page Two
Aquatic Inspections, Inc.
Maerkle Dam Reservoir Repair Proposal
ACCEPTED: The above prices, specifications and conditions are satisfactory and are
hereby accepted. Aquatic Inspections, Inc. is authorized to do the work as specified.
Robert R. Mcmurray 1-29-09
Aquatic Inspections, Inc. Date
City of Carlsbad Date