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HomeMy WebLinkAboutAyala Engineering; 2015-06-04; PWM15-91UTILPWM15-91UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LANIKAI SEWER MANHOLE #41A-4; CONT. NO. 5503 This agreement is made on the _ dav of C-/^yy/y^ 2015, by the City of Carlsbad, Califomia, a municipal corporation, (hereinaftep^^fl^d City"), and Ayala Engineering, a sole proprietorship, whose principal place of business is 848^^t^Meadowridge Street, Anaheim, CA 92608 (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"). Project work includes installation of ArrowLock Lining System to existing sewer manhole. 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 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: Mark Biskup (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 perfonmance 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. U^NIKAI SEWER MANHOLE #41A-4 CONT. NO. 5503 Page 1 of 6 City Attomey Approved 4/1/15 PWM15-91UTIL 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 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 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. 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 debannent by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or^ubcontractor fromj3articig?ting 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 fumished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with 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 Carisbad 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 declarafion 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 emptoyees, 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 LANIKAI SEWER MANHOLE #41A-4 CONT. NO. 5503 Page 2 of 6 City Attomey Approved 4/1/15 PWM15-91UTIL 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Nofice to Proceed. CONTRACTOR'S INFORMATION. AYALA ENGINEERING 8482 E. MEADOWRIDGE STREET (name of Contractor) (street address) 959385 ANAHEIM, CA 92808 (Contractor's license number) (city/state/zip) A -03/31/2017 714-823-7149 (license class, and exp. date) (telephone no.) 714-912^571 (fax no.) ricardo@ayalaengineering.com (e-mail address) /// /// /// /// /// /// /// /// LANIKAI SEWER MANHOLE #41A-4 CONT. NO. 5503 Page 3 of 6 City Attomey Approved 4/1/15 ck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 959385 >CLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this Drmation, you should be aware of the following limitations. SLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on th^ ik or button to obtain complaint and/or legal action informaiion. 3r B&P 707117 , only construction related civil judgments reported to the CSLB are disclosed. rbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ue 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 03/31/2017 License Status This license is current and active. All information below should be reviewed. A - GENERAL ENGINEERING CONTRACTOR" Classifications Bonding Information Contractor's Bond This license filed a ContractbPs Bond with WESCO INSURANCE COMPANY. Bond Number: 04WB016g62 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 Policy Number:9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2016 Workers' Compensation History ://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=959385 5/13/20 Public Work's Contractor Registration Search Page 1 of 1 *• . • ' Division of Labor Standards Enforceiveiit Public Works Contractor Registration Search This is a llsling ot current and active conlraclor registrations pursuant to Division 2. Part 7, Cliapter 1(commencing wiilh section 1720) of ttie Califomia tabor Code. Enter al least one search crileria lo display active registered public works coniractor(s) matching your selections Registration Number: Contractor Legal Name: Contractor Licence Lookup License Number: 959385 j Search || Reset I Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Dale Expiralion Date AYALA ENGINEERING 1000005012 CSLB;959385 01/08/2015 06/30/2015 Export as. f xr.el ( f'Or C'i>in rijilil ' 2011 Staff Ilf t iiliCornia https://efiIing.dir.ca.gov/PWCR/Search.action 5/13/2015 PWM15-91UTIL 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 AYALA ENGINEERING, MS«Bn6m(i( i&!K}^M)(3f^ a Sole Propri By: CITY OF CARLSBAD, a municipal corporation of the State of California orsr ^ (sign her^ ^ (prinlmame/title) Patrick A. Thomasypublic Works Director as authorized by the City Manager (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. BREWER, City Attorney BV: MJ^O^- Assistant City Attorney \ LANIKAI SEWER MANHOLE #41A-4 CONT. NO. 5503 Page 4 of 6 City Attomey Approved 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the itdentity of the individual who signetd the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ OnJH ) ^r't^/^ before me. ^^HlU (> ^f^ji^ / kHMj I C Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personj^^whose nam^(djt]^are "sybscribed to the within instrumsnt and acknow|^ged to me thajj^^^she/they executed the same in /fil^her/their authorized capacityO^^jCand that by(bi^her/their signatu)|(ij on the instrument the persoQ^gj; Ssr the entity upon behalf of which the persor)(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ... ^ is true and correct. 1 (^^^^ NOTARY PUB1.\C - CAUKIRHW £ i >^S^|/ fOMMmcfmve < I Comm. &(|itniJuly29i20ie| WITNESS my hand and official seal Signature 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 Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney 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 PWM15-91UTIL 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 if Total % Subcontracted: LANIKAI SEWER MANHOLE #41 A-4 CONT. NO. 5503 Page 5 of 6 City Attomey Approved 4/1/15 PWM15-91UTIL EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE Installation of ArrowLock Lining System to existing sewer manhole - • City of Cartsbad Business License • Mobilization of all Labor and Equipment • Furnish all materials needed to complete scope • Confined Space Entry Procedure • Night work as needed to perform work • Overtime as needed to complete scope • Removal of existing failed liner • Chemical grout injection for infiltration control • Surface preparation per Ameron recommendations • Perform mortar repairs to existing bench • Application of Ameron ArrowLock Lining System to bench • Liner to terminate at springline • Welding of new liner to existing shafting • Perform inspection of entire structure • Complete any repairs identified during inspection • Repairs to be performed by Ameron trained installers • Testing per manufactures recommendations to include spark and probe testing • Coordination with General Contractor for access work area EXCLUSIONS: • Replacement of existing frame and cover • By-pass of sewer flows TOTAL* $9,575.00 "Includes taxes, fees, expenses and all other costs. U^NIKAI SEWER MANHOLE #41A-4 CONT. NO. 5503 Page 6 of 6 City Attomey Approved 4/1/15 EXHIBIT B AYALA ENGINEERING LICENSE #9J59385 Anaheim CA. 92808 Phone (714) 823-7179 Fax (714) 912-4571 May 7.2015 City of Carisbad Attention: Mark Biskup Marfc.Biskup@carisbacicii.gov (760) 603-7353 Project: Lanikai Sewer Manbole U4l\-4 Ayaia Engineering is a Union Contractor in Compliance with Local Prevailing Wagn Ayala Engineering is registered with The Department of Industrial Relations as Laborers Scope: Installation of ArrowLock Lining System to Existing Sewer Manhole City of Carlsbad Business License Mobilization of all Labor and Equiptneiu Fumish all materials needed to complete scope Confined Space Entry Procedure Night Work as needed to perform work Overtime as needed to complete scope Removal of existing failed liner Chemical Grout injection for infiltralion control Surface Preparation per Ameron Recommendations Perform mortar repairs to existing bench Application of Ameron Arrowlock Lining System to bench Liner to terminate at springline Welding of new liner to existing shafting Perform inspection of enfire stmcture Complete any repairs identified during inspection Repairs to be performed by Ameron trained Installers Testing per Manufactures Recommendations to include Spark and Probe Testing Coordination with General Contractor for access to work area Exclusions: Replacement of existing frame and cover By-pass of sewer flows Total: $9^75.00 Sincerely, Ricardo Ayaia RicardotaiA valaengineering.com