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CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
LAKE CALAVERA DAM OUTLET VALVE INSTALLATION
This agreement is made on the _ _ day of 7^>^A^/^/^ l/ 2015, by the
Carlsbad Municipal Water District, a Public Agency organized under the Municipal J^ater Act of 1911, and
a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Planes, Boats and
Automobile, a limited liability company, whose principal place of business is 800 Grand Avenue, Ste. A-9,
Carlsbad, CA 92008 (hereinafter called "Contractor").
CMWD and Contractor agree as follows:
DESCRIPTION OF WORK. Installation of 24 inch valve on outlet piping that is below the western face of
the Lake Calavera Dam (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: Don Wasko
(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. 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 execution of the Contract.
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.
LAKE CALAVERA DAM OUTLET Page 1 of 5 General Counsel Approved 7/23/14
VALVE INSTALLATION
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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 fi'om further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor ft-onvparticipating in contract bidding.
>:/, Signature:/ / JULK
Print Name:/ /igsoiO
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 fomi approved by the Califomia 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 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $500,000
Subject to the same limit for each person on account of one accident in an amount not less than
$500,000
Property damage insurance in an amount of not less than $100,000
Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury
and property damage. In addition, the auto policy must cover any vehicle used in the perfomiance 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 and the City of Carisbad as additional insured.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless CMWD and the City of Carisbad, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly arising firom 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 wori< covered by the Contract, except for loss or damage caused
by the sole or active negligence or willful misconduct of CMWD or City of Carisbad. The expenses of
defense include all costs and expenses including attomeys' 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 Wori<: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within thirty (30) worthing days after receipt of Notice to
Proceed.
LAKE CALAVERA DAM OUTLET Page 2 of 5 General Counsel Approved 7/23/14
VALVE INSTALLATION
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CONTRACTOR'S INFORMATION.
PLANES. BOATS AND AUTOMOBILES, LTD.
(PBA, LTD)
(name of Contractor)
816826
(Contractor's license number)
AB
(license class, and exp. date)
Expires 1-31-17
800 GRAND AVE., SUITE A-9
(street address)
CARLSBAD, CA 92008
(city/state/zip)
760 272 1507
(telephone no.)
760 729 7913
(fax no.)
pbalimited@gmail.com
(e-mail address)
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
PLANES, BOATS AND AUTOMOBILES, a
limited liability company
I (sign here)
Kevin Doherty / Vice President - Secretary
CARLSBAD MUNICIPAL WATER DISTRICT
/
(print name/title)
AoGisiant ExootHiv
EKOOUtivo Monogo^f Division Director as
authorized by the Executive Manager
Patrick Thomas
(sign here)
Ray Files / President
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached. Ha
corporation. Agreement must be signed by one corporate officer from each ofthe 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:
CELIA A. BREWER„General Cqunsel
BY:
ELIA A. BREWER,,Generai ugunj
Assistant General Counsel
LAKE CALAVERA DAM OUTLET
VALVE INSTALLATION
Page 3 of 5 General Counsel Approved 7/23/14
leck A License - License Detail - Contractors State License Board Page 1 ol
Contractor's License Detail for License # 816826
HSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this
iformation, you should be aware of the following limitations.
Business Information
PLANES BOATS & AUTOMOBILES LTD
800 GRAND AVE #A9
CARLSBAD, CA 92008
Business Phone Number:(760) 272-1507
Entity Corporation
Issue Date 01/28/2003
Expire Date 01/31/2017
License Status
jfhis license is current and active.
All information below should be reviewed.
Classifications
A - GENERAL ENGINEERING CONTRACTOR
B - GENERAL BUILDING CONTRACTOR
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with BUSINESS ALLIANCE INSURANCE COMPANY.
Bond Number: G201501151368
bond Amount: $12,500
(Effective Date: 01/15/2015
jContractor's Bond History
Bond of Qualifying Individual
The Responsible Managing Officer (RMO) FILES GILBERT RAY certified that he/she owns 10 percent or more ofthe voting
stock/equity ofthe corporation. A bond of qualifying individual is not required.
Effective Date: 01/28/2003 ^ ^ ^ ^ ^
Worlters' Compensation
This license is exempt from having workers compensation insurance; they certified that they have no employees at this time.
lEffective Date: 01/12/2015
Expire Date: None
Workers' Compensation History
other
Personnel listed on this license (current or disassociated) are listed on other licenses.
ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=816826 1/26/20
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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 perfomi such portion, and that the Contractor shall not be
permitted to sublet or subKXjntract 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
Califomia Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
LAKE CALAVERA DAM OUTLET
VALVE INSTALLATION
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EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
JOB QUOTATION
nTEM
NO.
UNrr QTY DESCRIPTION PRICE
1 ea 1 Install (1) 24 inch valve on the outlet piping on the westem face
of the Lake Calavera Dam.
$13,200.00
TOTAL* $13,200.00
'Includes taxes, fee's, expenses and ail other costs.
LAKE CALAVERA DAM OUTLET
VALVE INSTALLATION
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TO: FROM:
DON WASKO KEVIN DOHERTY 760.801.5238
COMPANY: DATE:
1-22-15
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
PHONE NUMBER: RE:
LAKE CALAVARA
NOTES/COMMENTS:
PROPOSAL
SCOPE OF WORK:
Excavate at back of head wall at discharge line. Expose 24" pipe and Install
new valve at bacl< of head wall witti thrust block from valve to headwali.
Back fill to existing grade. Value supplied by City of Carlsbad delivered to
Site. All prevailing wage.
TOTAL LABOR, EQUIPMENT & MISC MATERIALS = $ 13,200.00
'Kevin 'DoHerty
800 GRAND AVE, STE A-9 - CARLSBAD - CA - 9200i
PH: 760/729-7913 FX: 760/729-7913
LICENSE # 816826