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HomeMy WebLinkAboutAyala Engineering; 2015-03-23; PWM15-62UTILPWM15-62UTIL CiTY OF CARLSBAD MINOR PUBUC WORKS CONTRACT REHABIUTATE FIVE SEWER MANHOLES (11C-21,110-19, 5A-19, 5A-20, SA-21) CONT. NO. 55031 This agreement is made on the ^ day of 2015, by the City of Carisbad, California, a municipal corporation, (hereinafter 6all^d''"^;ity"), and Ayala Engineering, a sole proprietorship, whose principal place of business is 8482 E. Meadowridge St., Anaheim, CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRiPTiON OF WORK. Contractor shall perform all worit specified in the Contract documents for the project desaibed by these Contract Documents (hereinafter called "Project"). PROVISK>NS OF LABOR AND MATERIALS. Contractor shall provide all labor, nnaterials, tools, equipment, and personnel to perform the worit 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 woriters and abide by all State laws and City of Carlsbad Ordinances goveming labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with drections and sidaject to in^>ection approval and acceptance by: Jesse Castaneda (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of woriter 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 woriters employed by him or her in execution of the contract. FALSE CLAIMS. Contractor hereby agrees that any contract daim 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 vwth litigation. ContrsK:tor acknowledges that California Govemment Code secticKis 12650 et seq., the Ferise Claims Act, provides fbr dvil penalties wtiere a person knowingly submits a false daim to a public entity. These provisions indude false daims made with deliberate ignorance of ttie telse informatkm or in reckless disregard of the tmth or falsity of the information. The provisions of Carlsbad Munidpai Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false daims are incorporated herein by reference. REHABILITATE FIVE SEWER MANHOLES Page 1 of 5 City Attomey Approved 2/7/13 (11C-19,11C-21, 5A-19, 5A-20, 5A-21) PWM15-62UTIL ContiBctor hereby acknowledges that the filing of a false daim may subjed the Contractor to an administrative debarment proceeding wherein ttie contiactor may be prevented from further bidding on public contracts for a period of up to five years ap^hat det)annent by anottier jurisdtetion is grounds for the City of Carisbad to disqualify ttie Contradiop^^bconfi-ajtorflncjm^prtlfi^tingjlfi contract bidding. Signature: ^t.-^-* Print Name: cAit&Q ^t^^^c n REQUIRED INSURANCE. The successful contractor shall provide to tiie City of Carlsbad, a Certification of Commerdal General Liability and Property Damage Insurance and a Certificate of Woriters' Compensation Insurance indicating coverage in a fomn approved by tiie Califomia Insurance Commission. The certificates shall indicate coverage during ttie period of ttie contrad and must be fumished to ttie City prior to ttie start of worit. The minimum limits of liability insurance are to be placed witii 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 auttiorized to transact ttie business of insurance in the State of Califomia by the Insurance Commissioner. Commerdal General Liability Insurance of Injuries induding acddental deatti, to any one person in an amount not less ttian $500,000 Subject to the same limit for each person on account of one acddent in an amount not less tiian $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 acddent fbr bodily injury and property damage. In addition, the auto policy must cover any vehide used in the perfomiance of the conti-act, used onsite or offsite, whether owned, non-ovmed or hired, and whether sctieduled or non- scheduled. The automobile insurance certificate must state ttie coverage is for "any auto" and cannot be limited in any manner. The above polides shall have non-cancellation dauses providing ttiat tiiirty (30) days written notice shall be given to the City prior to such cancellation. The polides 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 daims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the perfonnance of the Contract or work; or from any failure or alleged failure of Contractor to comply witti any applicable law, rules or regulations induding those related to safety and health; and from any and all daims, loss, damages, injury and liability, howsoever ttie same may be caused, resulting directty or indirectly from ttie nature of ttie worit covered by ttie Contract, except for loss or damage caused by the sole or active negligence or willful miscondud of the City. The expenses of defense indude all costs and expenses induding attorneys' fees for litigation, arbitration, or ottier dispute resolution method. JURISDICTION. The Contrador agrees and hereby stipulates that the proper venue and jurisdidion for resolution of any disputes between ttie parties arising out of this agreement is San Diego County, California. Start Worit: Conti-ador agrees to start within 7 woriting days after receipt of Notice to Proceed. Completion: Conti-ador agrees to complete worit within 20 woriting days after receipt of Notice to Proceed. REHABILITATE FIVE SEWER MANHOLES Page 2 of 5 City Attomey Approved 2/7/13 (11C-19,110-21, 5A-19, 5A-20, 5A-21) CALiFORNiA ALL-PURPOSE ACKNOWLEDGiViENT 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 tnjthfulness, accuracy, or validity of that document. State of California County of o rQnt^e On N/Qrah {0 .<20 IS before me, LQUf&rv t^pmoi'<\ ^^a^e Here Insert Name and Title of the (Officer personally appeared (l\CLO(clb Ayalry Name(s) ofSigner(s) nMc who provftri to mp nn thm hflfiitr nf •fntiitaetory evidence to be the person(^ whose name£^JCi^are spbscnbed to the within instrument and acknowledged to me thaC^^he/they executed the same in tlis)1ier/their authorized capacity(i^and that by<gi|/her/their signaturej(({^ on the instrument the persoptk or the entity upon behalf of which the person^sfacted, executed the instmment. 1 LAUREN ESPIN02A | COMM. #2093455 i 1 ^^tSsSj NOIARV PUBUC • CAUFORNIA S N^SCyy 0KANGEC0UN1Y « I Comm. Explrta Dac. 13,20181 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature "^^kKJ/z.^^ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fomi to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signerfs) Signer's Name: Document Date: • Corporate Officer — Titie(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other- Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM15-62UTIL CONTRACTOR'S INFORMATION. AYALA ENGINEERING 8482 E. MEADOWRIDGE ST. (name of Contrador) 959385 (sti-eet address) ANAHEIM, CA 92808 (Contractor's license number) (dty/state/zip) 717-823-7179 (license class, and exp. date) (telephone no.) 714-912-4571 (fax no.) ricardo@Avalaengineering.com (e-mail address) AUTHORITY. The individuals executing ttiis Agreement and ttie instruments referenced in it on behalf of Conti-ador each represent and wanrant ttiat ttiey have the legal power, right and adual authority to bind Contrador to flie ternis and conditions of ttiis Agreement. CONTRACTOR AYALA ENGINEERING, a sole proprietorship By: (sign here) Ricardo Ayala / Owner - Sole Proprietor (print name/titie) CITY OF CARLSBAD, a munidpai corporation of the State of Califomia By: Public Works Diredor as authorized by the City Manager Patrick Thomas If required by City, proper notarial acknowledgment of execution by Contrador 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 Seaetary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, ttie corporation must attach a resolution certified by ttie secretary or assistant secretary under corporate seal empowering ttie officer(s) signing to bind ttie corporation. APPROVED AS TO FORM; CELIA A. BREWER, City Attorney BY: Assistant City Attonrfey REHABILITATE FIVE SEWER MANHOLES Page 3 of 5 (11C-19.110-21. 5A-19. 5A-20, 5A-21) City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGIVIENT 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 6r OivnQe: On A(Qf'rCh /n.aoi'^ Dafe before me, LQureA E^PiV>o^a personally appeared i^\CQ<do jiypflo Here Insert Name and Title of the Qfficer BM.C Name(s) ofSigner(s) who provfid to rgg QR the basis of satisfactory evjdenofi to be the person^ whose name(8r<i^re subscribed to the within instmment and acknowle3gedto me that (^she/they executed the same in tl!§^er/their authorized capacityjEkS&), and that b/hp^er/their signature^sTon the instmment the person(sy or the entity upon behalf of which the personj^sO acted, executed the instrument LAUREN ESPIN02A I COMM. #2093455 | J NOIARV PUBLIC - CAUFORNIA S ^ ORANOe COUNTS J* My Comm. Expirts Doc 13,20i«i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature '^XWrzuy^y ^Ux^!i~4/YvO^. Signature of Notary Public Place Notary Seal Above 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 Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 959385 HSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a linl< for complaint disclosure will appear below. Click on thi linl( or button to obtain complaint and/or legal action Information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information AYALA ENGINEERING 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Business Phone Number:(714) 823-7179 Entity Sole Ownership Issue Date 03/29/2011 Expire Date 03/31/2015 License Status This license is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESCO INSURANCE COMPANY. Bond Number: 04WB016962 Bond Amount: $12,500 Effective Date: 03/17/2013 Contractor's Bond History Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND iPolicy Number:9004955 Effective Date: 02/08/2012 lExpire Date: 02/08/2016 Workers' Compensation History .ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=959385 2/26/20 PWM15-62UTIL EXHIBITA LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is tiie full name and location of the place of business of each sub-contrador whom the Contrador proposes to subcontrad portions of ttie Projed in excess of one-half of one percent of the total bid, and the portion of the Projed which will be done by eadi sub-contrador for each subcontrad. NOTE: The Conti^ador understands that if it fails to spedfy a sub-contrador for any portion of the Projed to be performed under the contrad in excess of one-half of one percent of the bid, the contrador shall be deemed to have agreed to perfomn such portion, and that the Contrador shall not be permitted to sublet or subconti-ad that portion of Uie worit, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of ttie Awarding Auttiority, setting forth ttie fads constituting tiie emergency or necessity in accordance vinth the provisions of ttie Subletting and Subcontracting Fair Practices Ad (Section 4100 et seq. of tiie Califomia Public Contrad Code). If no subcontradors are to be employed on the projed, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address Ucense No., Classification & Expiration Date %of Total Contract Total % Subconti^aded: REHABILITATE FIVE SEWER MANHOLES Page 4 of 5 (11 C-19,11C-21, 5A-19,5A-20, 5A-21) City Attomey Approved 2/7/13 PWM15-62UTIL EXHIBIT B (ENTER SCOPE OF WORK. SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 5 Manhole rehabilitation of assets 11 C-21,11 C-19, 5A-21, 5A-20 & 5A-19 to indude application of Sauereisen epoxy lining system 8i replacement frames & covers. $24,940 See attached detailed scope of work. TOTAL* $24,940 'Includes taxes, fee's, expenses and all other costs. REHABILITATE FIVE SEWER MANHOLES Page 5 of 5 (11C-19,11C-21, 5A-19, 5A-20, 5A-21) City Attomey Approved 2/7/13 EXHIBIT B SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL AYALA ENGINEERING LICENSE #959385 84821, MejSowridge St Anaheim CA. 92808 Phone (714) 823-7179 Fax (714) 912-4571 Febraary 18,2015 City of Carisbad Attention: Jesse Castaneda Jesse.Castaneda@Carisbadca.gov (760) 802-8200 Project: Manhole RduiyittatHHi Scope: Application of Sauereisen Epoiy Lining System to Existing Sewer Manholes MH5A-19, MH5A-20, MH5A-21, MHllC-19, MHllC-21 City of Carlsbad Business License Traffic Control Plans City of Carlsbad Right of Way Permit Mobilization of all Labor and Equipment Confined Space Entry Procedure Surface preparation per nianu£u;tures recommendations Installation of false floor to prevent ddnis from entering collection sy^em Removal of existing manhole steps Manholes to be resurfaced to oi^nal dimensions Manhole benches to be re-built to ori^nal dimensions Manholes to be lined uang Sauereisen 210 Epoxy Lining System Testing per manufacturers recommendations Traffic Control as needed Pricing: $18,940.00 Scope: Frame and Cover Replacement MHSA-19, MH5A-20, MH5A-21, MHnC-19, MHllC-21 Demo ofexisting cast iron frames and covers Fumish and install five Pam Rex Ductile Irm Frame and Covers Install at existing elevation Pour concrete collar Paving as required Pricing based on work being performed with above referenced manhole rehabilitation Pricing: $1,200.00 per location x 5 locations " $6,000.00 Total: $24,940.00 Sincerely, Ricardo Ayala Ricardo(a)Avalaenginecring.coni Map Drawer Paj;e 1 of 4 EXHIBIT B irsif R HANSEN 8 (SCOPE OF WORK, SPECIFICATIONS. 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