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HomeMy WebLinkAboutLC Paving and Sealing Inc; 2022-01-22; PWM22-1718TRANPWM22-1718TRAN Camino Vida Roble Asphalt Repair Page 1 of 9 General Counsel Approved 1/20/2020 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT CAMINO VIDA ROBLE ASPHALT REPAIR This agreement is made on the ______________ day of _________________________, 2022, 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 LC Paving & Sealing, Inc., a California corporation, whose principal place of business is 620 Alpine Way, Escondido, CA 92029 (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 Paxson (Project Manager) PAYMENT. CMWD shall withhold retention as required by Public Contract Code Section 9203. 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. DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C 25th January DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C PWM22-1718TRAN Camino Vida Roble Asphalt Repair Page 3 of 9 General Counsel Approved 1/20/2020 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 sixty (60) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. LC PAVING AND SEALING, INC. 620 Alpine Way (name of Contractor) 621610 (street address) Escondido, CA 92029 (Contractor’s license number) A, B, C-12 8/31/22 (city/state/zip) 760-752-1743 (license class. and exp. date) 1000004325 (telephone no.) 760-752-1674 (DIR registration number) 6/30/24 (fax no.) shawn@lcpaving.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C PWM22-1718TRAN Camino Vida Roble Asphalt Repair Page 5 of 9 General Counsel Approved 1/20/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C PWM22-1718TRAN Camino Vida Roble Asphalt Repair Page 6 of 9 General Counsel Approved 1/20/2020 EXHIBIT B Camino Vida Roble Asphalt Repair Contractor shall provide all materials, equipment and labor required to remove and replace a 37.5’ x 200’ (7,500 square feet) section of asphalt on Camino Vida Roble from Palomar Oaks Way to Corte de Nogal. Contractor’s work includes but not limited to: calling for utility location, placing advanced warning signs of traffic control 2 weeks prior to excavation, providing all traffic control during the project, saw cutting or cold milling and removal of existing asphalt and cold mix, compacting the subgrade, installing and compacting base material to 4” in depth, leveling valve cans to final grade, application of SS1H tack coat to all vertical surfaces and cold joint (cold joint if done in multiple days) prior to asphalt installation, pave road at 4” using standard Greenbook specifications, install 2 coats of paint striping and install thermoplastic to restore area to its original condition. Before any work can start contractor shall apply for a no-fee right-of-way permit, submit a traffic control plan for approval and will provide all traffic control required for work to be completed. Contractor is responsible to obtain a water meter from Carlsbad Municipal Water District if any city water is needed during the project. Any road cleanup from debris left after project must be cleaned up by the contractor before leaving the project site. Any City assets damaged by the contractor must be repaired by the contractor i.e. striping damaged from skid steer or tire tracks from the asphalt truck. All subcontractors must be added to the contract in exhibit A prior to execution of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook), 2018 Caltrans Standard Plans and Caltrans Specifications and California Manual on Uniform Traffic Control Devices. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Mobilization $3,790.40 2 LS 1 Traffic Control $3,000 3 SF 7,500 Cold Milling $10,050 4 SF 7,500 Grading $3,225 5 TON 180 A/C Base Paving $25,644.60 6 LS 1 Pavement Marking and Striping $3,650 TOTAL* $49,360 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C PWM22-1718TRAN Camino Vida Roble Asphalt Repair Page 7 of 9 General Counsel Approved 1/20/2020 Exhibit B Continued Site Images DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C DocuSign Envelope ID: FD62BF03-228C-4875-A51E-DEFA8DB06F6C 02/22/2021 HARTLEY CYLKE PACIFIC-#0574253 INSURANCE SERVICES, INC. 2747 UNIVERSITY AVENUE SAN DIEGO CA 92104-4068 JANA CLARK (619) 295-5155 (619) 291-0912 jana@hcpacinsurance.com L.C. Paving & Sealing, Inc. 620 Alpine Way Escondido CA 92029 TRAVELERS PROPERTY & CASUALTY CO OFAMERICA 25674 CLEAR SPRING PROPERTY & CASUALTY CO PALOMAR SPECIALTY INSURANCE CO CL2121968482 A Y Y DT22CO0S13576ATIL21 02/18/2021 02/18/2022 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 A Y Y 8100S0955232126G 02/18/2021 02/18/2022 1,000,000 Medical payments 5,000 A CUP0S1373832126 02/18/2021 02/18/2022 4,000,000 4,000,000 B Y CSWC00024401 09/12/2020 09/12/2021 1,000,000 1,000,000 1,000,000 A INLAND MARINE QT6300S1069IL21 02/18/2021 02/18/2022 RENTED/LEASED EQP $100,000 *10 day notice of cancellation for non-payment of premium shall apply. 30 days written notice of cancellation for all other reasons. *City of Carlsbad/CMWD shall be named Additional Insured on a Primary and Non-Contributory basis. A Waiver of Subrogation applies as required bywritten contract. (Endorsements to follow.) RE: All Projects. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB’s California Workers’ Compensation Insurance Forms Manual 1999. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/12/2020 12:01 AM Policy No. CS-WC- 000244-01 Endorsement No. 1 Insured L.C. Paving & Sealing, Inc Premium $2,625 Insurance Company Clear Spring Property and Casualty Company Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.50 % of the California workers’ compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 06 (Ed. 8-84) WC 00 04 06(Ed. 8-84) © 1983 National Council on Compensation Insurance, Inc. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)Endorsement Effective 9/12/2020 Policy No. CS-WC- 000244-01 Endorsement 1 Insured L.C. Paving & Sealing, Inc Premium $2,625 Insurance Company Countersigned by Clear Spring Property and Casualty Company PREMIUM DISCOUNT ENDORSEMENT The premium for this policy and the policies, if any, listed in Item 3 of the Schedule may be eligible for a discount. This endorsement shows your estimated discount in Items 1 or 2 of the Schedule. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount. SCHEDULE 1.STATE ESTIMATED ELIGIBLE PREMIUM $116,878 FIRST NEXT NEXT $5,000 $95,000 $400,000 BALANCE CA $5,000 $100,000 $500,000 0.0%10.9%12.6%14.4% 2. AVERAGE PERCENTAGE DISCOUNT: 10.796034% 3. OTHER POLICIES: 4. If there are no entries in Items 1, 2 and 3 of the Schedule, see the Premium Discount Endorsement attached to your policy number: