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HomeMy WebLinkAboutAyala Engineering; 2014-04-24; PWM14-41UTILPWM14-41UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE THREE SEWER MANHOLES - POINSETTIA OVERPASS #41091, RAINTREE #41D65 & PALOMAR AIRPORT ROAD #36B8; CONT. NO. NNNN This agreement is made on the ry^^^^^ day of /T^/^/ / , 2014, by the City of Carlsbad, Califomia, a munrapai corporation, (hereinafter o^led "City"), and Ayala Engineering, a sole proprietorship, whose principal place of business is 5753 E. Santa Ana Canyon Road.. Suite, G-571, Anaheim, CA 92807 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perfomri 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 perfomi 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 Carisbad Ordinances goveming labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by; Jesse Castaneda (City Project Manager), PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28,130 supersedes the provisions of the California Labor Code when the public wori< is not a statewide concem. Payment of prevailing wages is at Contractor's discretion. 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 Califomia Govemment 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 Carisbad 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. REHABILITATE THREE SEWER MANHOLES Page 1 of 6 City Attomey Approved 2/7/13 POINSETTIA OVERPASS #41091, RAINTREE #41D65 & PALOMAR AIRPORT ROAD #36B8 PWM14-41UTIL 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 Carisbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Wori<ers' Compensation Insurance indicating coverage in a fomn approved by the Califomia Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be fumished to the City prior to the start of wori<. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 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 Carisbad as an additional insured. 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 wori<; 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, Califomia, Start Wori<: Contractor agrees to start within 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 21 working days after receipt of Notice to Proceed. REHABILITATE THREE SEWER MANHOLES Page 2 of 6 City Attomey Approved 2/7/13 POINSETTIA OVERPASS #41C91, RAINTREE #41D65 & PALOMAR AIRPORT ROAD #36B8 PWM14-41UTIL CONTRACTOR'S INFORMATION. AYALA ENGINEERING (name of Contractor) 959385 (Contractor's license number) A-3/31/15 5753 E. Santa Ana Canyon Road., Ste. G-571 (street address) Anaheim CA 92807 (city/state/zip) 714-823-7179 (license class, and exp. date) (telephone no,) 714-912-4571 (fax no.) ricardo@avalaengineering.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instmments 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 AYALA ENGINEERING, a sole proprietorship By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia By: (sigjrhere) Iprint name/title) Department Director as authorized by the City Manager Jim Howell (sign here) (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 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: CELIA A. BREWE An/9 ! BY: REHABILITATE THREE SEWER MANHOLES Page 3 of 6 POINSETTIA OVERPASS #41091, RAINTREE #41065 & PALOMAR AIRPORT ROAD #36B8 City Attomey Approved 2/7/13 PWM14-41UTIL 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 Califomia 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 / Total % Subcontracted: REHABILITATE THREE SEWER MANHOLES Page 4 of 6 POINSETTIA OVERPASS #41C91, RAINTREE #41D65 & PALOMAR AIRPORT ROAD #36B8 City Attomey Approved 2/7/13 PWM14-41UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATiONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM UNiT ;:<JTY':: DESCRIPTION M7f:7wm^'s7: 1 3 Labor, materials & equipment to rehabilitate three sewer manholes at three locations: at Poinsettia Ln, over pass manhole #41C91, Raintree manhole #41D65 & Palomar Airport Road manhole #36B8, Surface Preparation to be done per manufacturers recommendations and resurfaced to original dimensions. $21,800 See Exhibit B Scope of Woric & location maps City of Carisbad right of way permit required including traffic control plans. Cal OHSA regulations to be followed including confined space entry. TOTAL* $21,800.00 'includes taxes, fee's, expenses and ali other costs. REHABILITATE THREE SEWER MANHOLES Page 5 of 6 POINSETTIA OVERPASS #41C91, RAINTREE #41065 & PALOMAR AIRPORT ROAD #36B8 City Attomey Approved 2/7/13 PWM14-41UTIL EXHIBIT B Scope of Work AYALA ENGINEERING 5753 H Sina Ana Canyon Rd . Ste G, * 571 Anaheim < * 92807 Phone 1714) SaVTlT-^Fix (714(912-4571 M«rcli>.2014 City of Carisbad AUntliiHi: D«a Waika Daa.Wad»fi)caririMrfu.tov Pkwie: (7MMM-I7I2 Projtcl: reiaicltia Ui. Ovcrpai* .Manktlt «4IC9] lUintree Mmrilelt «4IIN>5 Paleaar Aiiport Read Muikole »36B» Scape: Manbale RtiiabaitaliM ladanoa*: Mobili/atiron Cii>' of Carlsbad Right of Way Permit City of Carl»b»d Business License Confiiwd Space Entry Proceduie iiurface Preparalion per manufactufci recommendauont Removal of enislmg manhole »leps InsaiiatKHi of fal» floor to preveat debra from entenng the sewer sysiem Manhole to be resurfaced lo original dimensions Manhole to bc Lined using Saucrtisen SewcKiafd No 210 EpoKv Lming System fcstinjj Per Manufactures Recommendations Traffic Control Plam Traffic C ontrol pel apfHoved plans WaiM Meter Rebuild hxtslmg Bench Roo4 Removal Instailaiion of thtee new 24" frames and ctiveis Concjete Cap for new frames and covers and paving as nMded 21 Bv-pasLS tube if lequired CaciHuen: Railroad nagiaen ifRmiairnl for Rrbabitttatiim ScafToldmc for Poissenia .Manhole #4101 Toul: SIIJO0.O0 SiBterely: Ricardo Ayda / AVALA ENCIXEERINd REHABILITATE THREE SEWER MANHOLES Page 6 of 6 City Attomey Approved 2/7/13 POINSETTIA OVERPASS #41091, RAINTREE #41065 & PALOMAR AIRPORT ROAD #36B8 Map Drawer iisifoR HANSEN8 3/1W2014(»:49 Assets EXHIBIT B LOCATION MAP REHABILITATE SEWER MANHOLE, PALOMAR AIRPORT ROAD Current iLaysrs Legsnd Tool: :^ © sstoct Hstre Zoom ^ Level: 6 of8 Street Scale 1: Bounck 3135 D Photo Contents 047105; http://hai)senweh/hansen8/priiithtm 3/19/2014 Map Drawer I Mfo R HANSEN 8 3/19/201410:00 Assets EXHIBIT B LOCATION MAP REHABILITATE SEWER MANHOLE, POINSETTIA OVERPASS Current: Tool: setect Zoom Levei: 6 of8 Scale 1: 3135 ContMits LayereiLei^nd BStre Street m m Bounck Photo 04/105 ht^://hansenweb/haii9en8/priiit.htm 3/19/2014 Map Drawer iiMfoR HANSEN8 3/19ia014 09:47 EXHIBIT B UKATIONMAP REHABILfTATE SEWER MANHOLE, RAINTREE Assets Current: Layers Legend Tool: c select gistre Zoom (p, m Scale 1: BounA , 3135 Photo Contents fat^://hansenweb/hansen8/print.htm 3/19/2014