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HomeMy WebLinkAboutAffordable Drain Service Inc dba Affordable Pipeline Services; 2016-10-31; PWM17-26TRANPWM 17 -26TRAN 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 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 years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or o~.cto~~icipating in contract bidding. 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. INDEMNITY. The Contractor shall assume the defense of, pay all 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 CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONT. NO. 6620 Page 2 of 8 City Attorney Approved 8/2/2016 PWM17-26TRAN 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 within forty-five (45) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. AFFORDABLE DRAIN SERVICE, INC. dba AFFORDABLE PIPELINE SERVICES, a California corporation Ill Ill Ill Ill Ill Ill /II Ill (name of Contractor) 790919 (Contractor's license number) A 2/28/17 (license class. and exp. date) 1000010965 (DIR registration number) 6/30/17 (DIR registration exp. date) 8340 Juniper Creek Ln (street address) San Diego, CA 92126 (city/state/zip) 858-689-4000 (telephone no.) 858-689-4035 (fax no.) ccharfauros@affordabledrain.com (e-mail address) CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONT. NO. 6620 Page 3 of 8 City Attorney Approved 8/2/2016 PWM17-26TRAN 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 /r& {f,t. Co11 fro l !fLJTIE. ~~f~fV ~1'1"'5'"'-tft·r /6ft Wesr A-~;~c::-1 }I c J '11~ .n }dOOOO 795'% 7 Cf/6'67,{ Jl/ I 7/~(}('z{ ,]0% ,/ ,/ Total% Subcontracted: 3'()% CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONT. NO. 6620 Page 5 of 8 City Attorney Approved 8/2/2016 PWM17-26TRAN EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 JOB 1 CCTV inspection and traffic control $30,385 TOTAL* $30,385 *Includes taxes, fee's, expenses and all other costs. CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONT. NO. 6620 Page 6 of 8 City Attorney Approved 8/2/2016 • Standard Working Hours M-F 8:00am-4:00pm. • Price quotes valid for 30 days. Thank you for contacting us. Please feel free to contact me at (858) 689-4000. ~ C rey Charfauros Operations Manager Accepted by: Print Name: Title: 2 A: COM Appendix "A" TASK DESCRIPTION AND FEE ALLOTMENT NO. 14 TERRAMAR AREA COASTAL IMPROVEMENTS PROJECT PROJECT NO. 6054 AUGUST 14, 2016 This Task Description and Fee Allotments (TD&FA) No. 14 specific to the Terramar Coastal Improvements Project will provide for additional design refinements requested by the City of Carlsbad. TASK 1: DESIGN PLAN REFINEMENT The previously authorized task consisted of the preparation of an updated concept plan and materials board for the bluff top park. Since that time, the City has requested preparation of more detailed and inclusive design materials for the full project area, carrying the design to a 60-70% design state. Under this task, AECOM will prepare the following designs and design materials to meet that intent: • Proposed roadway alignment modifications to fine tune the arrangement of roadway and back of curb pedestrian spaces. • Define and develop two design styles/themes to be applied to the Terramar project area, but which also are compatible with long term design goals for the remainder of the coastal corridor. • Prepare design materials that show a detailed site plan layout for each of the two alternative themes, applied to the bluff top park and the right-of-way spaces along Carlsbad Boulevard and Canon Road. • Attend workshop meetings with City staff to develop and review work progress. The design materials will specify and illustrate material selections for pathways, gathering spaces, site furniture, lighting, plantings, and other proposed design elements. Designs will be developed to a "design development" level (approximately 60-70°/o design) that shows clear and accurate layouts of design elements and spaces, drawn to scale and fit to the limits and topography of the sites. Grading and drainage issues will be addressed to ensure design solutions are feasible. Design materials will be illustrative, rendered plans intended to communicate with the public and design-makers. The proposed budget reflects production of the following design materials: • One large (E-size plus) overview of the project area, color rendered, showing the full project extent. • A 11 x17" design 'booklet' package intended for internal City review and discussion. The package will contain approximately 20-25 pages of plan view, section, and perspective imagery showing an overview and enlargements of key portions of the plan, color rendered. August 16, 2016 Deliverables will include digital AutoCAD base files and PDF files containing the final presentation images/boards. TASK ORDER 14 COST ESTIMATE The estimate to complete the services described above for TD&FA No. 14 is $62,700, given the assumptions incorporated above. The task order will be billed on a time-and-materials basis at the task order level. 2 August16,2016 Carlsbad Boulevard Realignment and Land Exchange Project-PTD&FA No.14 Terra mar Coastal Improvements · Design Refinements S b "tt d b AECOM u m1 e ly: August 16, 2016 Task 1 Total Design Refinements AECOM Bill Rate Hours Cost Hours Costs Design and Planning Environmental Engineer/Scientist Ill $201.00 $0.00 0 $0.00 Sr. Planner/Geologist I $ 186.00 80 $14,880.00 80 $14,880.00 Environmental Planner IV $ 155.00 8 $1 ,240.00 8 $1 ,240.00 Biologist/Geotechnical Eng Ill $ 113.00 $0.00 0 $0.00 Senior Biologist I $ 150.00 $0.00 0 $0.00 Environmental Scientist II $ 129.00 $0.00 0 $0.00 Landscape Designer II $ 103.00 380 $39,140.00 380 $39,140.00 Planner Ill $ 119.00 $0.00 0 $0.00 Planner II $ 93.00 80 $7,440.00 80 $7,440.00 Word Processor II $ 75.00 $0.00 0 $0.00 Technical Editor $ 95.00 $0.00 0 $0.00 GIS II $ 103.00 $0.00 0 $0.00 TOTAL AECOM LABOR 548 c -$62,700.00 548 $62,700.00 Project Expenses Cost Revenue Reprographics/Mounting (at cost) $0.00 B&W 8.5 x 11 $0.10 $0.0C 0 $0.00 Color 8.5 x 11 $0.95 $0.0C 0 $0.00 Color 11 x 17 $1 .35 $0.0C 0 $0.00 Mileage & Parking $0 .510 $0.00 PROJECT EXPENSES COST $0.0C $0.00 TOTAL AECOM LABOR & OTHER DIRECT COSTS $62,700.00 $62,700.00 Project Index Appendix "8" Site Location Page# Quad. Segments System Length A Plaza Camino Real Drive NORTH of Marron RD 1 NW 4 539 B Jefferson Street Along Buena Vista lagoon SOUTH Shore 2 NW 5 391 D Detention Basin NORTH of Concord Street from Carlsbad Village Drive 3 NE 1 74 E SOUTHWEST Corner of Carlsbad Village Drive and El Camino Real •·· 4 NW 1 38 F Oak Avenue and Frazee State Beach Parking Lot 5 NW 7 410.5 l Juniper and Hemlock Avenue EAST of Carlsbad Blvd. and WEST of RR Tracks 6 NW 2 430 M Agua Hedionda NORTH Shore Area 7 NW 4 880.5 N SOUTHWEST Corner of El Camino Real and Tamarack Avenue 8 NW 1 59 0 SOUTHEAST Corner of City Safety Training Center 9 NE 6 272 p Access Road SOUTHEAST Corner of Faraday and El Fuerte lf .· 10 NE 1 76 ,, Q Intersection of Palomar Airport Road and Carlsbad Blvd. 11 sw 2 127 R Detention Basin Near City Faraday Office, NORTHWEST of Aston and College 12 NW 2 144 s Carlsbad Blvd. Near Solamar Drive 13 sw 6 415 T Encinas Creek Outfall at El Nino Bridge 14 sw 6 210 w Palomar Airport Drive NORTH of West Oaks Way 15 NW 3 507 X 2065 Camino Vida Roble (City lot off of Camino Vida Roble and las Palmas) 16 sw 1 47 z El Fuerte and Chorlito Street Intersection (only access from street) 17 SE 1 132 AA Carlsbad Blvd. NORTH Bound at Ponto Drive 18 sw . 3 173 BB EAST of Intersection of Estrella De Mar and Alga RD 19 SE 1 46 cc NORTH of Altisma and Alicante RD Intersection 20 SE 1 84 DO Oblelisco Court SOUTH of Intersection with Argonauta 21 SE 2 266 EE La Costa Avenue Corridor Centered at Intersection with Fairway LN 22 SE 12 1430 FF La Costa Avenue at Intersection with Nueva Castilla and Mallorca Pl 23 SE 4 426 HH La Costa Avenue at Romeria Intersection -'C'•'· ' 24 SE 1 139 II El Camino Real NORTH of levante Street 25 SE/SW 2 110 7426 CMP Replacement Program 8/9/2016 EXHIBITC LABOR AND MATERIALS BOND PWM 17 -26TRAN Bond No. 100328274 Premium: $608.00 Premium subject to adjustment based on final contract price WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Affordable Drain Service, Inc. dba Affordable Pipeline Services (hereinafter designated as the "Principal"), a Contract for: CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONTRACT NO. 6620 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, AFFORDABLE DRAIN SERVICE, INC. DBA AFFORDABLE PIPELINE SERVICES, as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company ---------------as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Thousand Three Hundred Eighty Five Dollars ($30,385), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. CCTV STORM DRAIN INSPECTION & CMP CONDITION ASSESSMENT CONT. NO. 6620 Page 7 of 8 City Attorney Approved 8/2/2016