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HomeMy WebLinkAboutCla-Val Company; 2017-08-11; PWL18-20UTILTracking #: PWL 18-20UTIL CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT REBUILD VAL VE AT THE CARLSBAD NUMBER ONE CONNECTION LOCATED AT RANCHO SANTA FE ROAD AND SAN MARCOS BOULEVARD This letter will serve as an agreement between Cla-Val Company, a California corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to rebuild the valve at the Carlsbad number one connection located at Rancho Santa Fe Road and San Marcos Boulevard, per the Contractor's proposal dated 7/25/2017 and the District specifications, for a sum not to exceed two thousand seven hundred fifty dollars and fifty cents ($2,750.50). This work is to be completed within five (5) 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, officials, employees and volunteers, 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 one million dollars ($1,000,000) 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 an additional insured. The full limits available to the named insured shall also be available and applicable to the City and the District as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 Contractar 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 Gode sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq __ init try init 6. The Contractor hereby acknowledges that debarment by another jurisdiction i~ 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. REBUILD VALVE AT THE CARLSBAD #1 CONNECTION AT RSF RD & SM BLVD --1 --General Counsel Approved 2/29/16 Tracking#: PWL 18-20UTIL 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. Contractor 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 work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. CMWD Contact: Eric Sanders, 760-438-2722 Contractor Contact: Mike Trosper, 949-923-0649 CONTRACTOR GRISWOLD INDUSTRIES dba CLA-VAL CO 24100 Water St., Perris, CA 92570 951-657 -1718, 951-657-8540 mtrosper@cla-val.com -~~~~ DAVID KOEBLITZ, CFO (print name/title) By: l1a& (~n here) MARTIN W PICKETT, PRESIDENT & CEO (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT By: Elaine Lukeyublic Works Director as authorized by the Executive Manager Dated: 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. 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: CELIA A. BREWER, General Counsel BY: Deputy General Counsel REBUILD VALVE AT THE CARLSBAD #1 CONNECTION AT RSF RD & SM BLVD --2 --General Counsel Approved 2/29/16 Exhibit "A" CLA-V AL CO. WESTERN REGIONAL SERVICE QUOTATION QUOTE NUMBER: 072517MT4 DATE: 7/26/2017 PAGE: 1 CUSTOMER: Cit of Carlsbad CONTACT: Ra mond Martinez ADDRESS: San Marcos PHONE: 760-802-8097 JOB NAME: Valve Rebuild I Extra Parts FAX: ITEM NO. QTY SIZE DESCRIPTION NET EA. TOTAL 01) 1 16" Epoxy Coated Disc Retainer $ 2,025.10 $ 2,025.10 02) 1 CRL Stem $ 39.90 $ 39.90 03) 2 Stud $ 6.90 $ 13.80 04) 2 Nut $ 9.90 $ 19.80 05) X42N-2 Strainer $ 235.00 $ 235.00 06) 07) 08) Labor/ 2 Men / Prevailing Wage Tax $ 147.50 $ 147.50 269.40 $ 269.40 $ Fuel Surchar e Per Mile $ $ TOT AL/ WITH TAX $ 2,750.50 NOTES: Main Valve Rebuild Kit Consists of Disc, Diaphragm, & Spacer Washers Any hard parts are extra!! This quotation is valid for 30 days from the above date. After 30 days Gia-Val reserves the right to change the pricing due to material cost increases. All prices are NET AUTHORIZED BY: SALESPERSON: Mike T rasper TERRITORY: 3900 QUOTATION EFFECTIVE FOR 30 DAYS FROM See Quote Number MESSAGES: Quote is for estimating only, Cla-Val Service is billed on an actual time & materials used basis. If you have any questions regarding this quotation please contact Mike Trosper -Cell (949)-923-0649 24100 Water St. mtrosper@cla-val.com Perris.CA. 92570 P. 951-657-1718 Ext.288 / Fax 951-657-8540 Page 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 03/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk & Insurance Services NAME: .. PHONE Ir~~ Nol: 17901 Von Karman Avl!llue, Sude 1100 141r_ No"•"· (949) 399-5800; License #0437153 E-MAIL lntine, CA 92614 ADDRESS: Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323 ---···· INSURERISl AFFORDING COVERAGE NAIC # --- 412600-STND-GAWU-17-18 INSURER A : Hartford Fire Insurance CompMy 19682 INSURED INSURER B : NIA NIA Griswold Industries Cla-Val Inc. 1701 Placentia A11enue INSURER C : ,win Ci\'j Fire lllsurarn:e C()mpany 29459 Costa Mesa. CA 92627-4475 INSURER D : NIA NIA .. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001793688-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAlED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER11FICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL 15UBR POLICY EFF POLICY EXP UII.ITS LTR <U~ft ~••n POLICY NUii.BER <MM/OOrYYYVI <MU/DOrYY'fYI A X 15'""" GE,<AAL ~"'"' 72ECSOA 1987 04/01/2017 04/01/2018 EACH OCCURRENCE $ 1,000,000 ,__ CLAIMS-MADE ~ OCCUR DAMAGE 10 RENTED $ 300,000 PREMISES !Ea occurrence! _ 000,000 SIR MED EXP (Any one personf $ PERSONAL & AfJV INJURY $ 1,000,000 ----- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ DPRO-DLOC ·- POLICY JECT PRODUCTS · COMP/OP AGG $ 2,000,000 OTHER $ A AUTOMOBILE LIABILITY 72UENUM3154 04/01/2017 04101/2018 COMBINED SINGLE LIMIT $ 1,000,000 -!Ea acc1denll X ANY AUTO BODILY INJURY (Per person) $ -~ ALL OWNED SCHEDULED BODILY INJURY (Per acc1denl) $ -AUTOS ,__ AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPer accident! -1--- $ UMBRELLA UAB H OCCUR EACH OCCURRENCE $ ~ --EXCESS LIAS CLAIMS-MADE AGGREGATE $ ~ OED I I RETENTION$ $ A WORKERS COMPENSATION 72WNC93100 (CA} SIR-$750,000 04/01/2017 04/01/2018 X I ~~%UTE I I OTH- AND EMPLOYERS' LIABILITY YIN ER C ANY PROPR!ETORIPARTNERIEXECUTIVE 72WEHO3564 (AOS) 04/01/2017 04/01/2018 0 E L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E L D15EASE · EA EMPLOYEE $ 1,000,000 If yes. descnbe under 1,000,000 DESCRIPTION OF OPt:RATIONS below E.L DISfASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I 1/EHICLES (ACORD 101, Additional Rem•rl<• Schedule, may be attached if more space I& required) City of Ca~sbad and the Distlict are included as additional msured with respect lo General Liability where required by written contracl CERTIFICATE HOLDER CANCELLATION Carlsbad Water District SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5950 El Camino Real Carlsbad, CA 9200S-B802 THE EXPIRATION DATE THEREOF, NOTICE WILL BE OE.LIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services I Pamela Peterwn dill• ~l'JI. ••• ;;> ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 ECS OA19B7 / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -OPTION Ill This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Ort1anizationls\: Carlsbad Water District 5950 El Camino Real Carlsbad, CA 92008-8802 Designated Project(s) Or Localion(s) Of Covered 0oerations: Information reouired to comolete this Schedule if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II - Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e., but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; (2) In connection with your premises owned by or rented to you ancl shown in the Schedule; or Form HS 24 82 07 13 (3) In connection with "your work" for the additional insured at the project(s) or focation(s) designated in the Schedule and included within the "products- completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s} designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: (a} During the policy period; and (bl Subsequent to the execution of such written contract or written agreement; and Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) (c) Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respec:t to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any profess·1onal architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to lhe additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV -Commercial General Liability Conditions is replaced with the following: Page 2 of 2 When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed ln a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non-Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) ~ethod Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until ii has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of Insurance of all Insurers. All other terms and conditions in the policy remain unchanged. Form HS 24 82 07 13 Policy #72ECSOA 1987 THIS ENDORSEMENT CHANGES THE POLtCY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additlonal Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, no'!ice of such cancellation will be provk:led at least 1tlirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this poljcy is cancelled by the Company for nonpayment of premium, or by the Insured, notice of such cancellation will be provided within (10) days of 1he cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 0313 0611 If notce is mailed, proof of mailing to the last known mailing address of the certificate hokler(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certtficate of insurance appUcable to this policy's term. Failure to provide such notice to 1he certificate holder(s) wlll not amend or extend the date the cancellatron becomes effective, nor will it negate cancellation of the polk:y. Failure to send notice shall impose no llabrllty of any kind upon the Company or its agents or representatives. © 2011, The Hartford Pag&1 of 1