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Home My WebLink AboutPiperin Corporation; 2015-07-17; PWM15-101UTILPWM15-101UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT FOR WATER VALVE REPLACEMENTS AT INTERSECTION OF ELMWOOD AND KNOWLES CONT. NO. 5019 This agreement is made on the /^ ^^'^^ ^jgy of (^^y^/y^ , 2015, by the Carlsbad Municipal Water District, a Public Agency organizgcreMiertfe/Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad, hereinafter r^feppdd to as^MWD", and Piperin Corporation, a California corporation whose principal place of busineis^ 1185 Park Center Drive, Suite S, Vista, CA 92081 (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"). Contractor to provide labor, equipment, backfill and paving to replace 1- six-inch tee with three valves; 1- six-inch tee and fire hydrant assembly. CMWD will supply parts for this 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 wiil 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: 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. 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 ofthe 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. WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 1 of 6 General Counsel Approved 4/2/15 PWM15-101UTIL 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 ofthe truth or falsity ofthe 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 years and that debarment by another jurisdiction is grounds for CMWD to disqualify the Contractor or subcontractor frj>fTT3Jkartici|3al|Qa,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 insurers that have a current Best's Key Rating of not less than "A-:VH"; 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 quarterty 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 priorto such cancellation. The policies shall name CMWD and the City of Cartsbad 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. WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 2 of 6 General Counsel Approved 4/2/15 PWM15-101UTIL INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CMWD and the City of Cartsbad, 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 ten 10 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. // // // // // // // // // // // // // // // // // WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 3 of 6 General Counsel Approved 4/2/15 PWM15-101UTIL CONTRACTOR'S INFORMATION. PIPERIN CORPORATION (name of Contractor) 964028 (Contractor's license number) A, B 8/31/2015 (license class, and exp. date) 1185 PARK CENTER DRIVE, SUITE S (street address) VISTA, CA 92081 (city/state/zip) 760-305-7248 (telephone no.) 760-305-7253 (fax no.) craiq(a)piperincorp.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 PIPERIN CORPORATION, a California corporation By: CARLSBAD MUNICIPAL WATER DISTRICT By: ere) (print name/title) Patrtek A. Thomas^ublc Works Director as authorized by the Executive Manager By: (sibnlie (print nam^/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 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 CELIA A. BR As: WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 4 of 6 General Counsel Approved 4/2/15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego .) Qn July 8,2015 before me, Juliana Cappellazo, Notary Public, (insert name and title of the officer) personally appeared Craig Barry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JULIANA MARIE CAPPELLAZO Commission # 2114417 Notary Public - California San Diego County _My Comrri Expirps Jun 7, ?n-' (Seal) iiccK n. un;cnse - L^ICCILSC ucimi - v^uiiiraciurs ..^laie L^icense Doaro Kage l 01 Contractor's License Detail for License # 964028 DISCLAIMER: A license status checi< provides information taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations. Business Information PIPERIN CORPORATION 1185 PARK CENTER DRIVE STE S VISTA, CA 92081 Business Phone Number:(760) 305-7248 Entity Corporation Issue Date 08/02/2011 Expire Date 08/31/2017 License Status |f his license is current and active. jAII information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond [This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY, bond Number: 5118537 pond Amount: $12,500 lEffective Date: 07/11/2013 jContractor's Bond History Bond of Qualifying Individual ffhe Respon^le Managing Officer (RMO) BARRY CRAIG WILLIAM certified that he/she owns 10 percent or more of the voting istock/equity of the corporation. A bond of qualifying individual is not required. lEffective Date: 08/02/2011 Workers' Compensation Irhis license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND iPoiicy Number:9062798 feffective Date: 07/01/2013 Expire Date: 07/01/2016 Iworkers' Compensation History tps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=964028 7/9/201 KuDiic worK s L omractor Kegtstration searcn Page i ot i Division of Labor Standards Enforcement Public Works Contractor Registration Search This isa listing of current and active contractor registrations pursuant lo Division 2, Part 7, Chapter 1(conimencing with section 1720) ofthe California Labor Code. Enter at least one search criteria to display active registered public mrks contractor(s) matching your selections Registration Number: Contractor Legal Name; Contractor Ucense Lookup License Number: 964028 1 ,SyKh~)|3seset)) Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Nuinber License Type/Number(s) Registration Date Expiration Date PIPERIN CORPORATION 1000000485 CSLB:964028 06/02/2015 06/30/2016 Export as: Excel j PDF ('o|)vii<>lit < 2014 Sliilc of ("iilil'oini!! https://efiUng.dir.ca.gov/PWCR/Search.action 7/9/2015 PWM15-101UTIL 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 MOA/i?^ Total % Subcontracted: WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 5 of 6 General Counsel Approved 4/2/15 PWM15-101UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 Install new six-inch tee with three six-inch valves, reconnect in three directions to existing potable pipelines. 1 1 Install new six-inch fire hydrant tee and fire hydrant assembly. ** CMWD will supply parts** TOTAL* $24,328 "Includes taxes, fee's, expenses and all other costs. WATER VALVE REPLACEMENTS AT ELMWOOD AND KNOWLES CONT. NO. 5019 Page 6 of 6 General Counsel Approved 4/2/15 Piperin Corporation CA Contractors Ucense No. 964028 A and B City of San Diego Certified SLBE #J2PC0554 1185 Park Center Drive, Suite S Vista, CA 92081 Phone 760-305-7248 Fax 760-305-7253 craig@piperincorp. com EXHIBIT B QUOTE DATE: JUNE 10, 2015 TO City of Carlsbad Attn: Don Wasko 5950 El Camino Real Carlsbad, CA 92008 SALESPERSON JOB PAYMENT TERAAS DUE DATE Valve Replacements QTY DESCRIPTION UNIT PRICE LINE TOTAL 1 LS Valves at Elmwood and Knowles: Remove and Replace existing 6" tee and valve with new and new FH connection $24,328 $24,328 AU locations include: Pothole existing utilities, sawcut, excavation and disposal, replacement of pipe and fittings (owner furnished), reconnections, thrust and support blocks, sand bedding, backfill and recompact native soils, replace street section with 6" AC on 6" Class II base, 1-1/2" grind and cap, traffic control, trench plates, permits, disposal of excess materials and disposal of AC pipe. SUBTOTAL $24,328 SALES TAX Included TOTAL $24,328 Quotation prepared by: Craig Barry Exclusions: Chlorination/Declorination (swab pipe and fittings only),Bac-t, compaction testing To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESS! Map Drawer Page 1 of 4 iMfoR HANSEN 8 6/10/2015 10:18 Assets EXHIBIT B LJJ KNOWLES A\/ 10 f- •X' Current: Layers Legend Tool: identifyall ^ stre Zoom Level: 8 of 8 Street 0 Scale 1 : Bound; 784 Photo Contents 04/105 http://hansenweb/hansen8/print.htm 6/10/2015