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HomeMy WebLinkAboutC and W Diving Services, In.c; 2015-08-21; PWM16-07UTILPWM16-07UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT REPAIR OUTLET VALVES AT LAKE CALAVERA; CONT. NO. 7550 This agreement is made on the J2-^/ day of /^///7&fS\ 2015, by the Carisbad Municipal Water District, a Public Agency organized undgphef^Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad, hereinafter referred to as "CMWD", and C&W Diving Sen/ices, Inc., a California corporation whose principal place of business is 1706 Hoover Avenue, National City, CA 91950 (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 Carisbad 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 ofthe Labor Code. Pursuant to Section 1773.2 ofthe Labor Code, a current copy ofthe 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. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 ofthe Labor Code and section 4100 et seq. ofthe 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 pubiic 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. REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 1 of 7 General Counsel Approved 4/2/15 PWM16-07UTIL 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 Carisbad 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 years and that debarm^oHJy anther juris^tio^ is grounds for CMWD to disqualify the Contractor or subcontractor from partidpating ir Signature: Print Name: fkebe^(>% \A> > \AJeST REQUIRED INSURANCE. The successful contractor shall provide to CMWD, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Wori<ers' 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 a current Best's Key Rating of not less than "A-:VU"; 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. 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. 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. The full limits available to the named insured shall also be available and applicable to CMWD and the City as an additional insured. REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 - Page 2 of 7 General Counsel Approved 4/2/15 PWM16-07UTIL 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, 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 Carisbad. 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 one (1) working day 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. C&W DIVING SERVICES 1706 HOOVER AVENUE (name of Contractor) (street address) 389407 NATIONAL CITY, CA 91950 (Contractor's license number) (city/state/zip) A - Exp 5/31/16 619-474-2700 (license class, and exp. date) (telephone no.) 619-474-3200 (fax no.) Fred(3!cwdivinq.com (e-mail address) REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 3 of 7 General Counsel Approved 4/2/15 Iheck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 389407 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. Business Information C&W DIVING SERVICES INC P O BOX 2433 NATIONAL CITY, CA 91951 Business Phone Number:(619) 474-2700 Entity Corporation Issue Date 05/08/1980 Expire Date 05/31/2016 License Status 'his license is current and active. ^11 Information below should be reviewed. Classifications |A-GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond rhis license filed a Contractor's Bond with SURETEC INSURANCE COMPANY. 3ond Number: 115690 iond Amount: $12,500 Effective Date: 06/07/2013 Contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) WEST FREDERICK WINSTON certified that he/she owns 10 percent or more of the i/oting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 04/29/1992 iQ\'s Bond History Workers' Compensation rhis license has workers compensation insurance with the ARCH INSURANCE COMPANY >ollcy Number:ZAWCI9858800 Effective Date: 10/01/2014 Expire Date: 10/01/2015 \/orkers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=3 89407 7/31 /201 California Department oflndustrial Relations - Contact DIR Page 1 of 1 Home Labor Law Cal/OSHA. Safety & Health Workers'Comp Seif Insurance Apprenticeship Director's Oftice Boards P?£?[!.™DL9fl!3!?y5,'™L5?]?MQl?.lPJ.'?) Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: |^Current Fiscal Year: 2016 "r. Registration Number: I Contractor Legal Name: j Contractor License Lookup License Number: 389407 County: I Select County Search Reset Export as: Excel | PDF Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Details i Legal Name Registration ; County City Registration Expiration Details i Legal Name Number Date Date ; View 1 C & W DIVING SERVICES, INC 1000009794 SAN DIEGO NATIONAL CITY 07/03/2015 06/30/2016 v2,20150701b About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions Jobs at DIR Conditions of Use i Privacy Policy : Disclaimer ' Disability accommodation ; Site Help Copyright © 2015 State of Califomia https://efiling.dir.ca.gov/PWCR/Search.action 7/31/2015 PWM16-07UT1L 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 C&W DIVING SERVICES, INC., a Califomia corporation CARLSBAD MUNICIPAL WATER DISTRICT (sign here) Frederick W. West / President and Secretary (print name/title) Patrick A. ThornW/public Works Director as authorized by the Executive Manager (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 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 Counsel BY: 1. Assistant General Couniel REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 4 of 7 General Counsel Approved 4/2/15 PWM16-07UTIL 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 ofthe 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 License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 5 of 7 General Counsel Approved 4/2/15 PWM16-07UT1L EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 Day 1 - assessment & develop plan $4,044.41 2 1 Day 2 - replace 18" BFGV & install new or move actuator $5,793.14 3 1 Day 3 - reinstall screens & piping $5,793.14 4 1 Contingency 8,369.31 TOTAL-* $24,000.00 *lncludes taxes, fee's, expenses and all other costs. REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 6 of 7 General Counsel Approved 4/2/15 PWM16-07UT1L EXHIBIT "B" SCOPE OF SERVICES Itemized List of what Contractor will do for CMWD and at what price. C&W Diving Services, LLC 1 706 Hoover Avenue, National City, CA 91950 (619)474-2700 Ph (619)474-3200 Fax DIVING SERVICES. iNC7 Calavera Dam 3 Man Dive Crew for 8 Hr Shift $3,594.41 Inspect and document conditions found 4 Man Dive Crew (2 Wet) for 8 Hr Shift (B) $5,343.14 Remove existing valve and install new gate valve Dive Equipment $450.00 To include underwater video with recording capabilities Note: This proposed Scope of Work estimates an inspection, removal of existing butterfly valve, and install of new gate valve will be conducted without interference and conditions not known prior to inspection. It is recommended that a contingency amount be allocated in the event the inspection reveals conditions that will require additional time for valve removal and new install. Our work plan includes the following work days: 1 day - (A), 2 days - (B). Each work day must have the $450 charge added. (B) $1li586.28 ^^^^ =$15,630.69 Contingency amount: $8,369.31 Total not-to-exceed amount of contract: $24,000 REPAIR OUTLET VALVES AT LAKE CALAVERA CONT. NO. 7550 Page 7 of 7 General Counsel Approved 4/2/15