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Home My WebLink AboutRick Post Welding and Wet Tapping; 2014-12-31; PWM15-48UTILPWM15-48UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT VALVE INSERTION SERVICES - OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE This agreement is made on the day of V j <C AyV/ J/?, 20 Z'^. by the Carlsbad Municipal Water District, a F^ublic 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 & Wet Tapping, 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. 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 ofCarlsbad 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. VALVE INSERTION SERVICES Page 1 of 5 General Counsel Approved 7/23/14 OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE PWM15-48UTIL 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 debannent by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: "^Ng-X- ^^^^TA 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 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 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 and the City of Carlsbad as additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold hannless 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 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 Carisbad. The expenses of defense include all costs and expenses including attorneys' fees for litigation, ariDitration, 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. VALVE INSERTION SERVICES Page 2 of 5 General Counsel Approved 7/23/14 OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE CONTRACTOR'S INFORMATION. PWM15-48UTIL RICK POST WELDING & WET TAPPING (name of Contractor) 687814 (Contractor's license number) C60-WELDING (license class, and exp. date) Exp 4/30/16 3863 SUMAC SUMMIT (street address) FALLBROOK, CA 92028 (city/state/zip) 760 5981186 (telephone no.) (fax no.) rickpostwelding@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 RICK POST WELDING & WET TAPPING, a sole proprietorship (sign here) Rick Post / Sole Proprietor - Owner (print name/title) By: CARLSBAD MUNICIPAL WATER DISTRICT By: (TKA' ivyMonagor, Doputy Assistant CxdiouJfivHMQnQgGr, Doputy Exooutivo Managor or Division Director as authorized by the Executive Manager Patrick Thomas ATTEST: (sign here) (print name/title) BARBARA ENGLESON City Cleri< If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached. Ifa corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chaimnan, 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 ofricer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, General Counsel BY: Assistant General Counsel VALVE INSERTION SERVICES OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE Page 3 of 5 Generai Counsel Approved 7/23/14 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 687814 IISCLAIMER: 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 RICK POST WELDING 3863 SUMMAC SUMMIT FALLBROOK, CA 92028 Business Phone Number:(760) 598-1186 Entity Sole Ownership Issue Date 04/21/1994 Expire Date 04/30/2016 License Status This license is current and active. All information below should be reviewed. ceo - WELDING Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY. jBond Number: 544332C jBond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History Worlcers' Compensation This license Is exempt from having workers compensation insurance; they certified that they have no employees at this time. jEffective Date: 03/26/2014 jExpire Date: None iWorkers' Compensation History ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=687814 12/29/20 PWM15-48UTIL 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 perfonned 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 pemnitted to sublet or subcontract that portion of the wori<, 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: 0% VALVE INSERTION SERVICES OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE Page 4 of 5 General Counsel Approved 7/23/14 PWM15-48UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT DESCRIPTION PRICE 1 Contractor is to supply all materials, equipment & labor for the valve insertions at Oak Ave & Valley St. and Oak Ave & Highland Dr. 2 ^ Contractor is to install Insta-Valve saddle, tapping to size as needed & insertion of valve at Oak Ave & Valley St and Oak Ave and Highland Dr. 3 1 CMWD will provide and set up ail necessary temporary traffic control equipment 4 1 CMWD is to excavate a minimum of 2' on each side of the water main and a minimum of 4' long 5 1 CMWD will supply shoring (if needed) 6 1 CMWD will backflll and make all necessary trench repairs TOTAL* $22,600 "Includes taxes, fee's, expenses and all other costs. VALVE INSERTION SERVICES OAK AVE-VALLEY STREET AND OAK AVE-HIGHLAND DRIVE Page 5 of 5 General Counsel Approved 7/23/14