HomeMy WebLinkAboutRick Post Welding; 2017-04-07; PWM17-94UTILTracking#: PWM17-94UTIL
CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
GARFIELD & ACACIA WATER INSERTION VALVE INSTALLATIONS; CONT. NO. 5019
This agreement is made on the ~ day of J\90 ~ , 2017, by the
Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and
a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Rick Post Welding, a
sole proprietorship, whose principal place of business is 3863 Sumac Summit, Fallbrook, CA 92028
(hereinafter called "Contractor").
CMWD and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by:
Matt Jacobs
(CMWD Project Manager)
WAGE RATES. 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 Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
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 execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is CMWD's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
GARFIELD & ACACIA WATER INSERTION
VALVE INSTALLATIONS; CONT. NO. 5019 Page 1 of6 General Counsel Approved 9/27/16
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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.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
CMWD to disqualify the Contractor or subcontractor from partici ating in contract bidding.
Signature:
Print Name:
REQUIRED INSURANCE. The successful contractor shall provide to CMWD, a Certification of Commercial
General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance
indicating coverage in a form approved by the California Insurance Commission. The certificates shall
indicate coverage during the period of the contract and must be furnished to CMWD prior to the start of
work. The minimum limits of liability insurance are 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1 ,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1 ,000,000
Automobile Liability Insurance in the amount of $1 ,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to CMWD prior to such cancellation.
The policies shall name CMWD as additional insured. The full limits available to the named insured shall
also be available and applicable to CMWD as an additional insured.
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VALVE INSTALLATIONS; CONT. NO. 5019 Page 2 of6 General Counsel Approved 9/27/16
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WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Worker's Compensation limits as required
by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees
and provides, to City's satisfaction, a declaration stating this.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid
City of Carlsbad Business License for the duration of the contract.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless CMWD and the City of Carlsbad, and its 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 the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those related to safety and
health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused,
resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage
caused by the sole or active negligence or willful misconduct of CMWD or City of Carlsbad. The expenses
of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute
resolution method.
JURISDICTION. 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.
Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed.
Completion:
to Proceed.
Contractor agrees to complete work within thirty (30) working days after receipt of Notice
CONTRACTOR'S INFORMATION.
Ill
Ill
Ill
Ill
Rick Post Welding
(name of Contractor)
687814
(Contractor's license number)
C60-Welding 4/30/18
(license class. and exp. date)
1000041564
(DIR registration number)
6/30/17
(DIR registration exp. date)
GARFIELD & ACACIA WATER INSERTION
VALVE INSTALLATIONS; CONT. NO. 5019 Page 3 of6
3863 Sumac Summit
(street address)
Fallbrook CA 92028
(city/state/zip)
760-598-1186
(telephone no.)
760-731-1396
(fax no.)
rickpostwelding@gmail.com
(e-mail address)
General Counsel Approved 9/27/16
Tracking#: PWM17-94UTIL
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
RICK POST WELDING, a sole proprietorship
By:
{Slgn here)
Rick PosUOwner
(print name/title)
By:
(sign here)
(print name/title)
CARLSBAD MUNICIPAL WATER DISTRICT
By:
ATT~
BARBARA ENGLESON
Secretary
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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:
CELIA A. BREWER, General Counsel
BY: ~ck~l
GARFIELD & ACACIA WATER INSERTION
VALVE INSTALLATIONS; CONT. NO. 5019 Page4 of6 General Counsel Approved 9/27/16
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration License No., %of
be Subcontracted No. Classification & Total
Expiration Date Contract
Total% Subcontracted: _.~-No..:..=....u~~~ .. -...__ __
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
GARFIELD & ACACIA WATER INSERTION
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EXHIBIT B
WATER INSERTION VALVE INSTALLATIONS
JOB QUOTATION
ITEM UNtT ·QTY. DESCRIPTION PRICE
NO.
1 Job 1 Contractor is to supply all equipment & labor for two 8" $6,630
water insertion valve installations. Contractor is to install
lnsta-Valve saddles, tapping to size as needed &
insertion of valves at these two locations: 295 Acacia &
at 155 Acacia.
2 Job 1 Contractor is to supply all equipment & labor for one 6" $3,239
water insertion valve installation. Contractor is to install
lnsta-Valve saddle, tapping to size as needed &
insertion of valve at this location: 3608 Garfield.
3 Job 1 CMWD will provide lnsta-Valve saddle & valve, all
necessary temporary traffic control equipment & shoring
if necessary.
4 Job 1 CMWD is to excavate a minimum of 2' on each side of
the water main & a minimum of 4' long. CMWD will
backfill & make all necessary trench repairs.
TOTAL* $9,869
*Includes taxes, fees, expenses and all other costs.
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