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CARLSBAD MUNICIPAL WATER DISTRICT
PUBLIC WORKS LETTER OF AGREEMENT
AGREEMENT FOR DIVINGS SERVICES AT D1 AND D2 RESERVOIRS
This letter will serve as an agreement between Aquatic Inspections, Inc., a Corporation (Contractor) and
the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and
labor necessary to perform the eleven month coating warranty inspection of D2 reservoir and provide
documentation of the condition of interior and exterior of D2 reservoir, and repair the target (site gauge,
liquid level indicator) in Dl reservoir, per the Contractor's proposal dated April 2, 2014 and the District
specifications, for a sum not to exceed Two Thousand Five Hundred Eighty Five dollars ($) 2,585.00. This
work is to be completed within thirty (30) calendar 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 their 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 Risk
Manager or the Executive Manager of the District. 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, et seq (i^init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the District
to disqualify the Contractor from participating in contract bidding. ^\ init init
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.
[NAME OF CONTRACT: CONTRACT NNNN] - 1 - General Counsel Approved 6/18/13
Tracking #:
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the 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.
9. CMWD Contact: Eric Sanders, 760-438-2722 ext. 7152
Contractor Contact: Robert R. McMun-ay, 760-753-4812
10.
CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT
1042 N. El Camino Real
Encinitas, CA 92024
760-753-4812
5950 El Camino Real
Carlsbad, CA 92008
robert(a)aquaticinspections.com
By:
(sign here).__J
(print name/title)
By:
the Executive Manager
Jim Howell
(sign her§)^
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Othenvise, 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:
CELIA A. BREWER, General Counsel
BY:
[NAME OF CONTRACT: CONTRACT NNNN] 2 -General Counsel Approved 6/18/13
ELEVEN MONTH COATING WARRANTY INSPECTION PROPOSAL
AND TARGET REPAIR RECEIVED
AQUATIC INSPECTIONS, INC. APR - 8 2014
1042 N. El Camino Real Ste. B184
Encinitas, CA 92024 CARLSBAD
(760)753-4812 or robert(gaquaticinspectiMMAL WATER DISTRICT
Proposal Submitted To:
City of Carlsbad April 2, 2014
5950 El Camino Real Carlsbad, California 92008 (760)438-2722
Facility Description and Location:
D2 Reservoir - app. 1.25MG (75' diameter x 40' tall) steel recycled water storage facility
D1 Reservoir - 1.25MG (75' diameter x 40' tall) steel recycled water storage facility
Both reservoirs are located in Carlsbad, CA.
AQUATIC INSPECTIONS, INC. hereby submits the following proposal subject to the
conditions which follow:
The City of Carlsbad will be supplied with an edited, narrated DVD documenting the
eleven month coating warranty inspection of D2 Reservoir. The DVD will document the
condition of the interior and exterior of the reservoir. The condition of all
appurtenances, interior coating (above and below the waterline), corrosion and
sediment levels will be thoroughly inspected and documented. All coating defects
(holidays, blisters, delamination etc.) will be thoroughly documented. A detailed book
bound report complete with recommendations will also be supplied. At the completion
ofthe warranty inspection the dive team will assist in repairing the target (site gauge,
liquid level indicator) in D1 Reservoir. The City of Carlsbad will supply all parts
necessary to repair the target. 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 C652 (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 Five Hundred Eighty Five ($2,585.00) Dollars *
This proposal is valid for sixty days. All services provided by Aquatic Inspections, Inc.
are guaranteed.
* As directed by the City of Carlsbad our proposal is based upon paying all labor
involved in this project Prevailing Wages as determined by the Director of Industrial
Relations. We request both facilities be filled to near spill for the inspection/target
repair.
Page Two
Aquatic Inspections, Inc.
D2 Reservoir Warranty Inspection Proposal 2014
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, President 4-2-14
Aquatic Inspections, Inc. Date
City of Carlsbad Date