HomeMy WebLinkAboutPlanes, Boats and Automobiles, LTD; 2015-11-20;Tracking#: PWM16-40TRAN
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CITYWIDE El NINO EROSION CONTROL PREPARATION FY 15-16
This agreement is made on the c:2.0-fh day of No\/~e::y-, 2015, by the City of Carlsbad,
California, a municipal corporation , (hereinafter called "City"}, and Planes, Boats and Automobiles, LTD dba PBA
LTD, a California limited liability company, whose principal place of business is 800 Grand Ave, Unit A-9, Carlsbad,
California 92008 (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:
Daniel Goggin/Eric Martinez
(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. 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 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.
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.
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16 Page 1 of 10 City Attorney Approved 1 0/6/15
Tracking#: PWM16-40TRAN
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 bi~di'f\ O .
Signature: ~~ /;:::j~
Print Name: I \-(evt i\J Q~e-l'iy \1 f5
I
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 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
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16 Page 2 of 10 City Attorney Approved 1 0/6/15
Tracking#: PWM16-40TRAN
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 (1 0) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within twenty five (25) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
PLANES, BOATS AND AUTOMOBILES, LTD
dba PBA LTD
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
(name of Contractor)
816826
(Contractor's license number)
CLASS A & B, EXPIRES 01/31/2017
(license class. and exp. date)
/DODO fg>~2 3
(DIR registration number)
:ruN .:)o ~Oil:,
(DIR registration exp. date)
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16
800 GRAND AVE, UNIT A-9
(street address)
CARLSBAD, CA 92008
(city/state/zip)
(760) 729-7913
(telephone no.)
(760) 729-7913
(fax no.)
PBAiimited@gmail.com
(e-mail address)
Page 3 of 10 City Attorney Approved 1 0/6/15
Tracking#: PWM16-40TRAN
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
be Subcontracted No.
'" /'
~ /
~
/
/
(
Total % Subcontracted: {) %
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16
/~
~
'-\
Page 5 of 10
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 1 0/6/1 5
Tracking#: PWM16-40TRAN
EXHIBIT 8
SCOPE OF WORK
• Remove all debris, built-up sediments and silt.
• BMPs installed per CASQA specifications and the City of Carlsbad of Engineeri ng Standards.
• All traffic control will be provided by the contractor per MUTCD specifications including sidewalk closures.
• Posting of "No Parking" sign must be 72 hours before work is to proceed.
• Public right-of-way, work site and staging areas will be cleaned by contractor daily.
• Mandatory on-site pre-construction meeting per site prior to start of work at each site.
JOB QUOTATION
JOB NAME City of Carlsbad
JOB NAME Jefferson Street Duck Pond
JOB
ADDRESS Jefferson Street
UNIT
ITEM DESCRIPTION QUANTITY PRICE TOTAL
Rock Bag, Burlap Placed (each) 100 2.50 250.00
Silt Fence, Black Placed (per ft.) 300 2.00 600.00
Clean-up/disposal old material (lump sum)* 1 3550.00
Traffic Control (lump sum) 1 800.00
9" Fiber Roll (per If) 400 2.50 1000.00
TOTAL $6,200.00
*silt fence, sand bags, -20 cubic yards of sediment
Park Drive at Lagoon-north side east & west of
JOB NAME Marina Dr
JOB
ADDRESS Park Drive
UNIT
ITEM DESCRIPTION QUANTITY PRICE TOTAL
9" Fiber Roll (per If) 450 2.50 1125.00
Traffic Control (lump sum) 1 1000.00
Clean-up/disposal (lump sum)* 1 6975.00
TOTAL $9,100.00
*approximately 15 cub1c yards of sed1ment
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16 Page 6 of 10 City Attorney Approved 1 0/6/15
JOB NAME Faraday St. North Side
JOB
ADDRESS Faraday between Cannon & College
ITEM DESCRIPTION
Disposal old material (lump sum)*
Traffic Control (lump sum)
9" Fiber Roll (per If)
Silt Fence, Black Placed (per ft.)
TOTAL
*70 If silt fence, sandbags, approx. 7 CY sediment
JOB NAME Golf Course Site
JOB
ADDRESS P .A. R. & College
ITEM DESCRIPTION
Disposal old material (lump sum)*
9" Fiber Roll (per If)
Traffic Control
TOTAL
-1400 If fiber roll, misc. debris, -77CY sediment
JOB NAME La Costa Ave
JOB
ADDRESS South side of La Costa Ave west of Calle Madera
ITEM DESCRIPTION
Disposal old material (lump sum)*
Rock BaQ , Burlap Placed (each)
silt fence (per If)
Traffic Control
TOTAL
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16 Page 7 of 10
Tracking#: PWM16-40TRAN
UNIT
QUANTITY PRICE TOTAL
1 1550
1 1200.00
100 2.50 250.00
75 2.00 150.00
$3,150.00
UNIT
QUANTITY PRICE TOTAL
1 6300.00
1400 2.50 3500.00
1 2000.00
$11 ,800.00
UNIT
QUANTITY PRICE TOTAL
1 3550.00
100 2.50 250.00
50 2.00 100.00
1 700.00
$4,600.00
City Attorney Approved 1 0/6/15
JOB NAME Alga Rd .
JOB
ADDRESS Alga Rd.-North side west of Alicante
ITEM DESCRIPTION
Disposal old material (lump sum)*
Traffic Control (lump sum)
9" Fiber Roll (per If)
TOTAL
*Apex 1 0 CY Sediment
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15-16 Page 8 of 10
Tracking#: PWM16-40TRAN
UNIT
QUANTITY PRICE TOTAL
1 3350.00
1 700.00
300 2.50 750.00
$4,800.00
TOTAL CONTRACT COST $40,887.08
City Attorney Approved 1 0/6/1 5
...
EXHIBITC
LABOR AND MATERIALS BOND
Tracking#: PWM16-40TRAN
Bond # CE1151 0700706
Premium $1 ,431 .04
Final Premium based on
Final Contract Amount
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Planes, Boats and
Automobiles, LTD. (hereinafter designated as the "Principal"), a Contract for:
CITYWIDE EL NINO EROSION CONTROL PREPARATION
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 , Planes, Boats and Automobiles, L TO., as Principal, (hereinafter designated as the
"Contractor"), and Philadelphia Indemnity Insurance Company as Surety, are
held firmly bound unto the City of Carlsbad in the sum of Forty Thousand Eight Hundred Eighty Seven Dollars and
Eight Cents ($40,887.08), said sum being an amount equal to: One hundred percent (100%) 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 91 00, 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.
CITYWIDE El NINO EROSION CONTROL
PREPARATION FY 15·16 Page 9 of 10 City Attorney Approved 10/6/1 5