HomeMy WebLinkAboutCatalyst Diving Inc; 2023-11-30; PWM24-2338UTILPWM24-2338UTIL
Clean and Inspect D-1 Recycled Water Reservoir Page 1 General Counsel Approved 6/30/2023
CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
CLEAN AND INSPECT D-1 RECYCLED WATER RESERVOIR
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 Catalyst
Diving, Inc., a California corporation, whose principal place of business is 3807 Declaration Ave., Calabasas,
California 91302 (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, as contained in the Standard
Specifications for Public Works Construction “Greenbook”, latest edition and including all errata; Part 1
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:
Andrew Wilson
(CMWD representative)
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.
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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.
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.
CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System.
This project may utilize the Owner’s Procore (www.procore.com) online project management and
document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve
quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-
productive activities, reducing rework and decreasing turnaround times. The Contractor is required to
create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to
become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process
all project documents through Procore because this platform will be used to submit, track, distribute and
collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable
team members shall complete a free training certification course located at
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining
their own Procore support, as needed, either through the online training or reaching out to the Procore
support team. It will be the responsibility of the Contractor to regularly check Procore and review updated
documents as they are added. There will be no cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
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
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Aaron Hirshfield
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: ___________________________________
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 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.
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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 thirty (30) 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.
Catalyst Diving, Inc. 3807 Declaration Ave.
(name of Contractor)
N/A
(street address)
Calabasas, CA 91302
(Contractor’s license number)
N/A
(city/state/zip)
818-961-7324
(license class. and exp. date)
PW-LR-1000592226 6/30/2024
(telephone no.)
aaron@catalystdiving.com
(DIR registration number & exp. date) (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.
[signatures on following page]
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CONTRACTOR
CATALYST DIVING, 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)
Aaron L. Hirshfield
President, Secretary & CFO
Vicki V. Quiram, General Manager,as
authorized by the Executive Manager
(print name/title)
By:
(sign here)
(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: _____________________________
Deputy General Counsel
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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 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 50% of the work with its own forces.
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EXHIBIT B
Clean and Inspect D-1 Recycled Water Reservoir
Dry cleaning and inspection of the D-1 recycled water reservoir
All Contractor’s employees on this project will be paid at current prevailing wage rates.
JOB QUOTATION
ITEM
NO.
DESCRIPTION PRICE
1 Contractor’s fee includes time and mobilization to and
from the project site, setup and breakdown of
equipment, preparations for the inspection and
inspection services, fuel and overhead
2 Contractor’s rate covers a three-man team for two full
eight-hour days.
3 Contractor will inspect the current condition of the
internal and external components and structural
integrity of the D-1 recycled water reservoir
4 Contractor will clean the recycled water tank of up to
2” of regular sediment using a suction vacuum and
manual removal while the tank is dry
5 A detailed digital and written report with photos will
be provided by Contractor upon completion.
Contractor’s work performed for a flat fee $7,350.00
Additional Work Amount – Contractor to provide
work proposal with costs and obtain written approval
from CMWD representative for authorization to
perform the work
$2,650.00
TOTAL NOT TO EXCEED* *$10,000
*Includes taxes, fees, expenses and all other costs.
• Prior to any work, contact CMWD representative for authorization to access the site: Andrew
Wilson, 760-802-5720, or Andrew.wilson@carlsbadca.gov
• Any additional work not covered by Contractor’s proposal must be authorized by CMWD
representative: Andrew Wilson.
• All tank hatches and manways will be opened by CMWD before work commences. After the
cleaning and inspection is completed all hatches and manways will be closed by CMWD.
• If additional sediment is found, Contractor will remove at a cost of $1,600 per 1” of sediment.
• Additional work will be billed at $395 per hour.
• Additional full day of work will be billed at $3,175.
• No payments will be made for work not authorized in writing by CMWD representative.
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