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HomeMy WebLinkAboutAquatic Inspections; 2012-01-04;PUBLIC WORKS LETTER OF AGREEMENT This letter wiii serve as an agreement between Aquatic inspections, a Corporation (Contractor) and the Carisbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to conduct leak detection in Maerkle Reservoir, per the Contractor's proposal dated December 15, 2011 and the District specifications, for a sum not to exceed Two Thousand Four Hundred dollars ($2,450.00). 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 its agents, officers and employees, from ali 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, induding 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 employer's 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 contracfing department prior to the signing of the contract by the District. 4. The Contractor shall be aware of and comply with ail 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 ail 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 Secfions 3.32.025, et seq r\ , 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, ^f^'^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. 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 Relafions 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: Jase Warner Water Operations 5950 El Camino Real (Project Mgr) (Department) (Address) Carlsbad, CA 92008 Aquatic Inspections, inc. (Name of Contractor) (Sign Here) (E-mail Address) BV: ^^K-y (Sign Here) ^ ^ (E-niatl AcLdress) (Contractor's License Number) (Print Name and Titie) Department Head W^%4w^f, Tiv6\We'- (Print Name and Titie) 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, City Attorney BY: Deputy City Attorney 2 ~ Revised 02/11/02 FROM iflQUfiTIC INSPECTIONS FAX NO. :760-753-4812 Dec. 15 2011 ll:48fiM P2 LEAK DETECTION PROPOSAL AQUATIC INSPECTIONS, INC. 1042 N. El Camino Rea! Ste. Bl84 Encinitas, CA 92024 (760)763-4812 or robert@aquatrcinspecdons.com Proposal Submitted To: City of Carlsbad December 15,2011 1635 Faraday Avenue Carisbad, Califomia 92008 (760)602-2787 (760)602-6562 Fax Facility Description and Location: Maerkle Reservoir - 10MG concrete potable water storage resen^oir The reservoir is located in Carlsbad, CA. AQUATIC INSPECTIONS, INC. hereby submits the following proposal subject to the conditions which follow: We will conduct thorough leak detection in Maerkle Resen/oir. Leak detection will be conducted in all suspect areas on the interior of the fecllity. Special attention wilf be given to all penetrations, caulked joints and cracks. The leak detection will be conducted utilizing tandem divers. The divers wil! use FDA approved food coloring when conducting the leak detection. Any/all leaks identified will be videotaped. The City of Carlsbad will be supplied with an edited, narrated DVD documenting the leak detection. All diving will be conducted utilizing a minimum pf a three man dive team as per Federal OSHA 1910 Subpart T-Commercial Diving Operations. All divmg wH! also be conducted as per AWWA 652 (2002). Liability and Workers Compensation Certificates will be provided upon request. WE HEREBY PROPOSE to furnish ali labor and materials complete in accordance with the above specifications , for the sum of: Two Thousand Four Hundred Fifty ($2,450.00) * This proposal is valid for sixty days. All services provided by Aquatic Inspectjons, inc. are guaranteed. * Our proposal is based upon paying all labor involved in this project Prevailing Wages. Please reference attached Prevailing Wages Rate Sheet ACCEPTED- The above prices, specifications and conditions are satisfactory and are hereby accepted. Aquatic Inspections. Inc. is authorized to do the work as specified. V^^^'^-^t Aquatic Inspections, inc. D^t^ City of Carisbad Date