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HomeMy WebLinkAboutAce Hauling Services Inc dba Ace Demolition; 2016-12-19; PWM17-42GSPWM17-42GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 This agreement is made on the / q +tl day of ~Lfyf/y£ , 2016, by the City of Carlsbad, California, a municipal corporation, (hereinafta?calied "City"), and Ace Hauling Services, Inc. dba Ace Demolition, a California corporation, whose principal place of business is P.O. Box 460, Carlsbad, CA 92018 (hereinafter called "Contractor"). City 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: Michael O'Brien (City 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 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 the City'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. DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 Page 1 of 6 City Attorney Approved 9/27/2016 PWM17-42GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth :;-; ~his ag;c.smc::t 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 years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. __ <"···_......,=_·--~-l~t<±~Cbt~;_tL j_~/'ft~/~ ------~-==-=~r~u..____.r'-'-l1......,.c.""'"''-('-"c'-'-v-'-"-lc'-;;J_'=) c"""'l_)/ c /::. 1 /11t\·YC ~tt •ltJ1 Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, 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 the City 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 thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' 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. DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 Page 2 of6 City Attorney Approved 9/27/2016 PWM17-42GS INDEMNITY. The Contractor shall assume ~ht: Lidense of, pay a!! expenses of defense, and indemnify and hold harmless the City, and its officers and employees, 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 the City. 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work prior to December 23, 2016 or fifteen (15) working days (or whatever is shorter) after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill ACE HAULING SERVICES, INC dba ACE DEMOLITION (name of Contractor) 895818 (Contractor's license number) B I C21 I C61 I D63 exp. 5131/17 (license class. and exp. date) 10000044281 (DIR registration number) 613012017 (DIR registration exp. date) DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 P. 0. BOX 460 (street address) Carlsbad, CA 92018 (city/state/zip) 760-434-57 40 (telephone no.) 760-434-57 44 (fax no.) acehauling@gmail.com (e-mail address) Page 3 of6 City Attorney Approved 9/2712016 PWM17-42GS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that th":'y h.av-= the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. ACE HAULING SERVICES, INC. DBA ACE DEMOLITION, a California corporation By By: -----..., ~ (sign here) c--: ·\ 4ot' l•lu.uhi'·t!d pruident. print name/title) . /ZA);Y/;~[£ (sign here) 'Tv-<:t.:rj LA v-(__ y (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: m Public Works Director y the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...E 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 AS TO FORM: CELI~ey BY_~~~~~~----~----­ ·Oeputy City Attorney DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 Page 4 of 6 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 .v.J? I~ 0 On 'l!t 0~~1Pt~ ~....n ~s· ,J~ .. u~--(JZ.A~ •. before me, ---~t.::~Jr•_ -·---+-_..,_""'4"_' __ ·r:.v""-_____ _ Date , • _ ~ .. I Here Insert Name and Title of the Officer personally appeared -t/lW-~p-·--- Nameprot Signerjif who proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) is/~ subscribe~ to the ~ithin inst~un:'ent and acknow~edged to_ m_e that he/sf'eltf)ey executed the same in his/heJ'/fh!,lr authonzed capac1ty(1es), and that by h1s/~r/1J11'e1r signature(~) on the mstrument the person( g), or the entity upon behalf of which the person(~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------------OPTIONAL--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document .M ~ . . J 1"i""tt1 / Title or Type of Document: t"' \ tJO~ · WiY"--t~ lP''tJocument Date: ---l/:...::L:...Jw~~~-' '-___ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s} Signer's Name: __ · __________ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------------- Signer Is Representing:--------- Signer's Name:.:::----:---------- 0 Corporate Officer -Title(s): ----,----- 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in :Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------------- Signer Is Representing:--------- ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Califor~~a ~L County of ~tv{ .. On i. &~ fv«~'V~ ~4 before me, ---'-~~-·-_11t.._5_)_4.,_~--~--~.-:.p_>vh_\A-C-______ _ Date Here Insert Name and Title of the Officer personally appeared -----~-=____::.-~__:.:_· '---''---=---.,------------------ Name~of Signe,;fs) who proved to me on the basis of satisfactory evidence to be the person(sf whose namet§) is/s;we subscribed to the within instrument and acknowledged to me that h6/she/f,Aey executed the same in _piS/her~ir authorized capacity(i~, and that by hisfher/tt.teir signature~ on the instrument the person(~. or the entity upon behalf of which the person($') acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----------------------------oPnONAL----------------------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ." ~ ( • Title or Type of Document: ~Jf-t\,\)~ \;JtP~~t, · ~cument Date: _.!._lt~""-l_tr'-__ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name: __ · __________ _ 0 Corporate Officer -Title(s): ______ _ o Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------------- Signer Is Representing:--------- Signer's Name:------------ 0 Corporate Officer -Title(s): ---:----- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in'Fact 0 Trustee 0 Guardian or Conservator 0 Other: __._---:---------- Signer Is Representing: --------- .~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM17-42GS 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 Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract ~~0~ Total %Subcontracted: ______ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 Page 5 of 6 City Attorney Approved 9/27/2016 PWM17-42GS EXHIBIT B Contractor will provide all equipment and labor required to remove three (3) temporary modular trailers, two access ramps and landing, shade structures (four poles, foundations and cover) and all concrete and or structural support material for the City of Carlsbad's temporary trailer structures located on the North East corner of Harding Street and Pine Avenue adjacent to the Carlsbad Senior Center (799 Pine Avenue, Carlsbad, CA 92008). Contractor will properly dispose of and or recycle all demolished/removed material. City of Carlsbad will be responsible for disconnection ("safed-off'') and removal of all utilities prior to contractor beginning work. The City of Carlsbad will cap at grade level all ground breaking conduit and will flag mark for visual identification. All structural items related to the modular trailers, ramps or shade structures will be removed, including but not limited to foundations, underground tie down bolts and straps, anchors, rebar, support rods, 1-beams, wheels, axles and angle stands. Any unforeseen material not otherwise identified (i.e. construction material found under the trailers or ramps) will, as part of this contract, be removed and property disposed of by contractor. Contractor will fill foundation holes and any other uneven ground resulting from pole or modular trailer removal to ensure site is free of demolition waste and tripping/falling hazards. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. Remove three (3) modular trailers, all access ramps, 1 LS 1 shade canopies, poles and all structural supports $7,500.00 located at Pine Park I Senior Center TOTAL* $7,500.00 *Includes taxes, fees, expenses and all other costs. DEMOLITION AND REMOVAL OF THREE MODULAR TRAILERS AT PINE PARK; CONT. NO. 4723 Page 6 of6 City Attorney Approved 9/27/2016