HomeMy WebLinkAboutPlanes, Boats and Automobiles LLC; 2015-03-11; PWM15-61UTILPWM15-61UTIL
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
This agreement is made on the //day of yCy (Z/l^Z^ , 2015, by the City
of Cadsbad, California, a municipal corporation, (hereinaffer called "City"), and Planes, Boats and
Automobiles, a limited liability company, whose principal place of business is 800 Grand Avenue, Suite A-
9, Carlsbad, CA 92008 (hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Replace and upgrade the two inch water line that runs from the water meter to
the Batiquitos sewer lift station. 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 Carisbad
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: Jesse Castaneda
(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 ttian the said specified prevailing rates of wages to all workers employed by him
or her in execution of the contract.
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 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.
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
CONT. NO. 3840 Page 1 of 5 City Attorney Approved 2/7/13
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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 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 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 California 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 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 Gity. 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 five (5) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to
Proceed.
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
CONT. NO. 3840 Page 2 of 5 City Attorney Approved 2/7/13
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CONTRACTOR'S INFORMATION.
PLANES, BOATS AND AUTOMOBILES,
(PBA, LTD)
(name of Contractor)
816826
(Contractor's license number)
A, B
(license class, and exp. date)
Expires 1-31-17
800 GRAND AVENUE, SUITE A-9
(street address)
CARLSBAD, CA 92008
(city/state/zip)
760-729-7913
(telephone no.)
760-729-7913
(fax no,)
pbalimited@gmail.com
(e-mail address)
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
PLANES, BOATS AND AUTOMOBILES, LTD,
a limited liability company
CITY OF CARLSBAD, a municipal corporation
of the State of California
Kevin Doherty / Vice President - Secretary
(print name/title)
Assistant City M
-er Depi
p,' Deputy City Monoger
fment Director
as authorized by the City Manager
Patrick Thomas
By:
(sign here)
Ray Files / President
(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.^REWER, Gity Attornj
BY:
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
CONT. NO. 3840 Page 3 of 5 City Attorney Approved 2/7/13
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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 peri'ormed under the contract in excess of one-half of one percent of ttie 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 tiie 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 License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
CONT, NO. 3840 Page 4 of 5 City Attorney Approved 2/7/13
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EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1
Replace & upgrade water line from water meter to
Batiquitos sewer lift station with 480' +/- of 2inch Sch80
PVC, repave section of asphalt walkway (see attached
proposal)
$14,890,00
**NOT TO EXCEED** TOTAL* $14, 890.00
"Includes taxes, fee's, expenses and all other costs.
EXHIBIT B - Attached proposal; Scope of Work
BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT AND UPGRADE
CONT. NO. 3840 Page 5 of 5 City Attorney Approved 2/7/13
EXHIBIT B
TO: FROM:
DON WASKO KEVIN DOHERTY
COMPANY: DATE:
2-17-15
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
PHONE NUMBER: RE:
RE: Pump Station/Batiquitos
NOTES/COMMENTS:
PROPOSAL
SITE: PUMP STATION AT BATAQUITOS LAGOON
SCOPE OF WORK: Install new 2" SC80 water main w\Vr\ two new 2" ball
valves. Approximate 480' from meter to pump station. Trench across
asplnaltto be patched with black colored concrete.
All prevailing wage.
TOTAL LABORA MATERIALS = $ 14,890.00
%emi'Dofiertif
'PBf^Ltd.
800 GRAND AVE, STE A-9 - CARLSBAD - CA - 9200J
PH: 760/729-7913 FX: 760/729-7913
LICENSE # 816826