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HomeMy WebLinkAboutApache Asphalt & Seal Corp; 2020-07-13; PWM20-1164TRANPWM20-1164TRAN Cannon Road Lane Section Overlay Page 1 of 6 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CANNON ROAD LANE SECTION OVERLAY This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Apache Asphalt & Seal Corp., a California corporation whose principal place of business is 989 Postal Way, Vista, CA 92083 (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. DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 July 13th PWM20-1164TRAN Cannon Road Lane Section Overlay Page 2 of 6 City Attorney Approved 1/25/2019 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 subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ________Stewart Douglas McClure______ 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. DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 PWM20-1164TRAN Cannon Road Lane Section Overlay Page 3 of 6 City Attorney Approved 1/25/2019 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 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within two (2) working days after commencing job. CONTRACTOR’S INFORMATION. Apache Asphalt & Seal Corp. PO Box 2078 (name of Contractor) 856867 (street address) Vista, CA 92085-2078 (Contractor’s license number) C12 -Earthworking and Paving 4/30/2021 (city/state/zip) 760-598-8855 (license class. and exp. date) 1000010038 (telephone no.) 760-598-9285 (DIR registration number) 6/30/2021 (fax no.) tina@apacheasphalt.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 PWM20-1164TRAN Cannon Road Lane Section Overlay Page 4 of 6 City Attorney Approved 1/25/2019 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 APACHE ASPHALT & SEAL CORP., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Stewart Douglas McClure, President Paz Gomez, Deputy City Manager as authorized by the City Manager (print name/title) By: (sign here) Valerie Lee McClure, Secretary (print name/title) If required by City, 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 PWM20-1164TRAN Cannon Road Lane Section Overlay Page 5 of 6 City Attorney Approved 1/25/2019 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 Total % Subcontracted: _______ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 1026547100051515 4% Striping 4%Precision Striping Inc. 4580 Alverado Canyon Rd. H1 San Diego CA 92120 PWM20-1164TRAN Cannon Road Lane Section Overlay Page 6 of 6 City Attorney Approved 1/25/2019 EXHIBIT B Cannon Road Lane Section Overlay Contractor will provide all materials, equipment and labor required to overlay an 11’ x 61’ (671 square feet) section of the number two lane of Cannon Rd., approximately 750’ east of Grand Pacific Rd., in Carlsbad. Contractor’s work includes but not limited to: application of SS1H tack coat prior to asphalt installation, use of 3/8” fine asphalt, based/layered asphalt application into belly in road prior to final overlay, perimeter SS1H tack coat on work area, and restriping of all roadway markings within the work area. Contractor shall submit a traffic control plan for approval and will provide all traffic control required for work to be completed. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 671 square feet of asphalt overlay on Cannon Rd. $9,885 TOTAL* $9,885 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 7882AF6F-9CB5-4875-A44C-4E2230044FA2 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: Transaction Effective Date:9239321 12-25-2019 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A.WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture,for which you have agreed by written contract to procure bodily injury or property damage "auto"liability insurance arising out of operation of a covered "auto" with your permission.However, this additional insurance does not apply to: (1)The owner or anyone else from whom you hire or borrow a covered "auto".This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2)Your "employee"if the covered "auto"is owned by that "employee"or a member of his or her household. (3)Someone using a covered "auto"while he or she is working in a business of selling,servicing, repairing, parking or storing "autos" unless that business is yours. (4)Anyone other than your "employees",partners (if you are a partnership),members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while moving property to or from a covered "auto". (5)A partner (if you are a partnership),or a member (if you are a limited liability company)for a covered "auto" owned by him or her or a member of his or her household. B.The coverage extended to any additional insured by this endorsement is limited to,and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition,coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C.The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D.Additional exclusions.The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1.To "loss" which occurs prior to the date of your contract with such person or organization; 2.To "loss"arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3.To "loss"for any leased or rented "auto"when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT Page 1 of 2 CG 20 33 04 13 COMMERCIAL GENERAL LIABILITYCG 20 33 04 13 A.Section II -Who Is An Insured 1. 2. 1. 2. B. 1. a. b. © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9239321 12-25-2019 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However,the insurance afforded to such additional insured: Only applies to the extent permitted by law;and Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render, any professional architectural,engineering or surveying services, including: The preparing,approving,or failing to prepare or approve, maps, shop drawings, opinions,reports,surveys,field orders, change orders or drawings and specifications; or Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural, engineering or surveying services. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHENREQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 2 of 2 CG 20 33 04 13 2. a. b. C. Section III - Limits Of Insurance: 1. 2. © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9239321 12-25-2019 "Bodily injury"or "property damage"occurring after: All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or That portion of "your work"out of whichtheinjuryordamageariseshasbeenputtoitsintendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprincipalasapartofthesame project. With respect to the insurance afforded to theseadditionalinsureds,the following is added to The most we will pay on behalf of the additional insured is the amount of insurance: Required by the contract or agreement you have entered into with the additional insured; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Policy Number: Transaction Effective Date: 9239321 06-24-2020 POLICY NUMBER: 9239321 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART CITY OF CARLSBAD 799 PINE AVE # 200 CARLSBAD CA 92008 ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY CANNON ROAD CARLSBAD CA FOR ASPHALT SKIN PATCHING IN STREET. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. is amended toincludeas an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for "bodily injury"or "property damage"caused, in whole or in part, by "your work"at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: The insurance afforded to such additional insured only applies to the extent permitted by law;and If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to If coverage provided to the additional insured is required by a contract or agreement,the most wewillpay on behalf of the additional insured is the amount of insurance: Required by the contract or agreement;or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. APACHE ASPHALT & SEAL CORP PO BOX 2078 VISTA CA 92085 Page 1 of 1 CG 20 37 04 13 COMMERCIAL GENERAL LIABILITYCG 20 37 04 13 SCHEDULE Name Of Additional Insured Person(s)Or Organization(s)Location And Description Of Completed Operations A.Section II -Who Is An Insured 1. 2. B. Section III -Limits Of Insurance: 1. 2. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFICATE HOLDER CANCELLATION AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reservedACORD 25 (2009/09) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE NUMBER:REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). INSR LTR ADDL INSRTYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS SUBR WVD GENERAL LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below (Mandatory in NH) PRODUCER INSURED INSURER(S) AFFORDING COVERAGE NAIC # CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: PRODUCER CUSTOMER ID # FAX (A/C, No): INSURER C: INSURER D: INSURER E: INSURER A: INSURER B: INSURER F: N / A COMMERCIAL GENERAL LIABILITY GEN’L AGGREGATE LIMIT APPLIES PER: LOCPOLICY PRO- JECT CLAIMS MADE OCCUR $ EACH OCCURRENCE MED EXP (any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS AUTOMOBILE LIABILITY $ $ COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ $ CLAIMS MADE DEDUCTIBLE RETENTION $ OCCUR EACH OCCURRENCE AGGREGATE $ $ $ $ $ $ $ WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT Y / N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10825 Old Mill Rd Omaha, NE 68154 (877)234-4420 CTL 1273 1607741 06/24/2020 01/01/2020 01/01/2021 X 38865 *10 day notice of cancellation for non-payment of premium. License # 856867. All Operations. California Insurance Co. (877)234-4420 (877)234-4421 A 46-040229-01-16 1,000,000 1,000,000 Y 1,000,000 AU Insurance Services Apache Asphalt & Seal Corp. City of Carlsbad PO Box 2078 Vista, CA 92085-2078 0D78336 DAMAGE TO RENTED PREMISES (Ea occurrence) 799 Pine Ave # 200 VIsta, CA 92008