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HomeMy WebLinkAboutVaughan's Industrial Repair Inc; 2023-01-18; PWM23-2067UTILPWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 1 of 7 General Counsel Approved 8/2/2022 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT REPLACE FOUR MECHANICAL SEALS AT “D” SITE RECLAIMED WATER PUMP STATION This agreement is made on the ______________ day of _________________________, 2023, 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, California, hereinafter referred to as “CMWD”, and Vaughan's Industrial Repair Inc., a California Corporation, whose principal place of business is 16224 Garfield Avenue, Paramount, CA 90723 (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 Ray Martinez (CMWD Project Manager). PAYMENT. The City 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. DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B January18th PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 2 of 7 General Counsel Approved 8/2/2022 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. 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 (5) years and that debarment by another jurisdiction is grounds for CMWD to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: __________Keven T. Vaughan___________ 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 DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 3 of 7 General Counsel Approved 8/2/2022 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 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. 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 fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after receipt of Notice to Proceed. /// /// /// /// DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 4 of 7 General Counsel Approved 8/2/2022 CONTRACTOR’S INFORMATION. Vaughan's Industrial Repair, Inc. 16224 Garfield Avenue (name of Contractor) 535078 (street address) Paramount, CA 90723 (Contractor’s license number) C-61 / D21 7/31/24 (city/state/zip) 562-405-1498 (license class. and exp. date) 1000013667 6/30/24 (telephone no.) alexg@virc1.com (DIR registration number & exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 5 of 7 General Counsel Approved 8/2/2022 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 VAUGHAN'S INDUSTRIAL REPAIR, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) Keven T. Vaughan, Vice-President Vicki V. Quiram, General Manager as authorized by the Executive Manager (print name/title) By: (sign here) Roy M. Meyers, Secretary (print name/title) 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, President, or Vice-President 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: CINDIE K. McMAHON, General Counsel BY: _____________________________ General Counsel DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 6 of 7 General Counsel Approved 8/2/2022 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 Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B NONE NONE NONENONENONENONE NONE NONE NONE NONENONE PWM23-2067UTIL Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station Page 7 of 7 General Counsel Approved 8/2/2022 EXHIBIT B Replace Four Mechanical Seals at “D” Site Reclaimed Water Pump Station JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 EA 4 NEW 1-1/2” CURC CR/SIC/VIT MECHANICAL SEALS $5,785.16 2 EA 1 SALES TAX $448.35 3 EA 1 FREIGHT $200.00 4 EA 1 LABOR – FIELD SERVICE PERSONNEL WILL REMOVE AND INSTSALL MECHANICAL SEALS AT THE “D” SITE RECLAIMED WATER PUMP STATION ON BLACKRAIL ROAD $5,560.00 TOTAL * *$11,993.51 *Includes taxes, fees, expenses, and all other costs. DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B 1 November 22, 2022 City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Attn: Ray Martinez RE: Blackrail Rd Reclaimed Water Pump Station (Revised 12/29/2022) DESCRIPTION PRICE (4EA) NEW 1-1/2” CURC CR/SIC/VIT MECHANICAL SEAL $ 5,785.16 +freight & applicablesales tax Sales Tax @ 7.75%: $448.35 Est. Freight: $200.00 Total: $6,433.51 Optional 1: Vaughan field service personnel will remove and install mechanical seals at the Blackrail Rd. P/S. The additional estimated labor only cost is $5,560.00. Pricing is based on Prevailing wage, straight time, & non holiday rates. Total above cost including option 1, $11,993.51 Terms: •Quoted pricing is guaranteed for 60 days from date of letter •Lead time 10-14 days A.R.O. •Vaughan’s will notify City of Carlsbad of any additional repairs that may be needed after inspectionand before proceeding with any additional work. This labor cost is an estimate. Please reply with an acceptance to alexg@virc1.com to begin processing of your order. Include a copy of your company’s Purchase Order. Feel free to reach out if you have any questions. Best Regards, Alex Goodyear Service Representative Cell: (562) 405-1498 alexg@virc1.com Mailing Address: Street Address: P.O. Box 1898 16224 Garfield Ave. Paramount, CA 90732-1898 Paramount, CA 90723 Vaughan’s Industrial Repair Co., Inc. Ph. (562) 633-2660 Fax. (562) 633-1504 PWM23-2067UTILExhibit "A" DocuSign Envelope ID: 1F3985EB-985B-4898-A06D-4DEA3875B78B ' - l I 11 I - 11/08/2022 Milestone Risk Management & Insurance Services License No. 0B72766 8 Corporate Park, Suite 130 Irvine CA 92606 Catherine Montoya (949) 852-0909 (949) 852-1131 cmontoya@milestonepromise.com V.S.S. Sales, Inc.; DBA: V.S.S. Compressor Service Vaughan's Industrial Repair, Inc. 16224 Garfield Avenue Paramount CA 90723-0000 Admiral Insurance Co.24856 Clear Blue Insurance Company 28860 Insurance Company of the West 027847 Ohio Casualty Insurance Company 24074 22-23 Master A Y CA00004090202 02/23/2022 02/23/2023 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits 1,000,000 B BW02STR220018100 02/23/2022 02/23/2023 1,000,000 A GX00000405602 02/23/2022 02/23/2023 10,000,000 10,000,000 C Y Y WSA504410804 11/01/2022 11/01/2023 1,000,000 1,000,000 1,000,000 D Leased Equipment BKO(23)56755498 02/23/2022 02/23/2023 Limit/Ded.$50k/$1k RE: All Projects within the City of Carlsbad Where required by written contract, The City of Carlsbad/CMWD is included as an additional insured as respects General Liability per the attachedendorsements and Workers' Compensation waiver of subrogation applies per the attached endorsement. *30 days written notice of cancellation to the certificate holder. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 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 on this 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 POLICIES BELOW. 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 SUBR WVD ADDL INSD 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 THIS CERTIFICATE 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 COMPENSATION AND 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 ~ I ACORD® ~ I X I [8] - ...._ Fl [8] □ - -- -~ X X X ~ I I XI I I □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□ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 07 04 ' ISO Properties, Inc., 2004 Page 1 of 1 !!!! ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II W ho Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CA000004090202 Any person or organization that is an owner of real property or personal property for whom you work or have worked, or a contractor on whose behalf you work or have worked, but only if coverage as an additional insured extending to "bodily injury" or "property damage" included in the "products-completedoperations hazard" is required by a written contract or written agreement that is an "insured contract" and provided that the "bodily injury" or "property damage" first occurs subsequent to the execution of the contract or agreement. All locations except locations where "your work" is or was related to a job or project involving single-family dwellings, multi-family dwellings (other than rental apartments in an apartment building: (a) originally constructed and at all times used for such purpose, or (b) converted from a commercial building), condominiums, townhomes, townhouses, time-share units, fractional ownership units, cooperatives and/orany other structure or space used or intended to beused as a residence. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT· BLANKET WC990634 (Ed. 8-00) We have the right to re cover 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). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON/ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CALIFORNIA OPERATIONS 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 11/01/2022 Policy No. WSA 504410804 Insured V S S Sales Insurance Company INSURANCE COMPANY OF THE WEST Endorsement No. Premium $ INCL. Countersigned By _____________ _ WC 990634 (Ed. S-00) INSURED