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HomeMy WebLinkAboutAquatic Technologies Inc; 2015-04-28; PWL15-64PEMPWL15-64PEM CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ALGA NORTE COMMUNITY PARK POOL EQUIPMENT MODIFICATIONS CONTRACT NO. 38372 This letter will serve as an agreement between Aquatic Technologies, Inc, a Pool equipment contractor (Contractor) and the City of Carisbad (City). The Contractor will provide all equipment, material and labor necessary to install a UV system strainer, and a 6" Check Valve, per attached Exhibit A and City specifications, for a sum not to exceed four thousand nine hundred fifty dollars ($4,950). This work is to be completed within 10 calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carisbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directiy or indirectiy 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 City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directiy or indirectiy from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. 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 City Manager. Said policies shall name the City of Carisbad 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 City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, 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, Govemmfent Code s^tigns 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. init ^^^jj init 6. The Contractor hereby acknowledges that debarment by another jurisdiction Carisbad to disqualify the Contractor from participating in contract bidding 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. ALGA NORTE COMMUNITY PARK POOL - 1 - City Attorney Approved 6/18/13 EQUIPMENT MODIFICATIONS: CONT NO. 38372 PWL15-64PEM 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 ofthe California Labor Code. Pursuant to Section 1773.2 ofthe California Labor code, a current copy of applicable wage rates is on tile 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 ofthe contract 9. City Contact; Jesse Zunke 760-434-2992 Contractor Contact: Ken Hah: 949-493-9548 CONTRACTOR Aquatic Technologies, Inc., a California corporation 32232 Paseo Adelanto Suite A San Juan Capistrano, Ca 92675 949-493-9548 P 949-493-8495 F CITY OF CARLSBAD, a municipal corporation ofthe State of California By: / Public Works Director Jy r\ fJ L- / /^a^uthorized by the City Manager 11^ L) T^/ r/r^ry^r/ Patrick Thomas (print name/title) ' ^ (print name/title) (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. Othenwise, 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, City Attorney BY: Assistant City Attomey ALGA NORTE COMMUNITY PARK POOL EQUIPMENT MODIFICATIONS: CONT NO. 38372 City Attorney Approved 6/18/13 ALL PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF If- On flWi^ ^S^^}/^ before r^^~^^^x^y^9j:^ [^rh/^C^AJ^ A (Insert Name and Title of OfRcer / J {] personally appeared Ar.^~k' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instnjment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is^rue and correct. Witness my hand and official seai. Signature PAMELA VASQUEZ ^ COMM.#198053SS NOTARY PUBUCCAUFORJllA S GRANGE COUNTY fg MY COMM, EXP. JUNE 25,2016 , (This area for official notarial seal) Rec.Form#R11 (1/01/08) OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy or validity of that document. State of California County of Orange On March 25,2015 before me, Pamela Vasquez, Notarv Public personally appeared Bart Saucerman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certiiy under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct WITNESS my hand and official seal. PAMELA VASQUEZ ^ COMM. # 1980538 ^ NOTARY PUBLICCAUFORMIA 52 ORANGE COUNTY Yi MYCOMM.EXP. JUNE 25,2016 . wmmwmmmmK NOTARY PUBLIC SIGNATURE ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date 3/25/2015 Number of Pages 1 TYPE OF IDENTIFICATION [ X] Satisfactory Evidence - identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal EMBOSSMENT Copyright © 1994, All Rights Reserved, CSNP, Inc. Exhibit A Aquatic TECHNOLOGIES 32232 Paseo Adelanto Suite A, San Juan Capistrano, CA 92675 Phone # (949) 493-9548 Fax # (949) 493-8495 City of Carlsbad Public Works Department Attn: Jesse Zunke Re: Alga Norte Sports Park Wet play area Aquatic Technologies is pleased to propose the installation of a 4" Hayward ysl0400"y" strainer for the UV System at Alga Norte Sports Park. The total for all labor and materials required to install the 4" y strainer $2,200.00 The strainer is to be installed on the vertical feed line to the UV System. Feel free to contact me should you have any questions. Have a wonderful day! Training Pool Solar System Aquatic Technologies is pleased to propose the installation of a 6" check valve for the Training Pool Solar System. Scope: • Install 6" Hayward wafer check valve model #WC4600E on the 6" Solar suction line. • Line is in the Training Pool surge pit. • Bid assumes the surge pit will be drained prior to installation. Total for labor and materials $2,750.00 Allow installation times of one day for the Y strainer and 1/2 day for check valve. Ken Hart President Aquatic Technologies