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HomeMy WebLinkAboutPlanes, Boats and Automobiles LTD; 2013-08-09; PWM14-03UTILPWM14-03UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REPAIR DAMAGED STORM DRAIN ON PIO PICO AVENUE ($45,000 or Less) This agreement is made on the 9 day of /ym'/^l/jfT^ 2013, by the City of Carisbad, California, a municipal corporation, (hereinafter c^d "City"), and Planes, Boats and Automobiles, Ltd. (PBA) whose principal place of business is 800 Grand Avenue, Unit A-9, Carisbad CA 92008 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform ali work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"): Remove and replace Caltrans storm drain lid and install new Carisbad storm drain ring and cover. Project work includes demolition and removal of approximately 15X5 feet of damaged concrete and storm drain box, replacing damage concrete to include installation of epoxy coated rebar for support, removal of existing 3 inch angle iron, installation of three new support stanchions, reinstallation of angle iron and coating with galvanized spray. 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: Clayton Dobbs/Sherri Howard (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. 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 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. PlO PICO & PINE AVE STORM DRAIN Page \ of 5 City Attomey Approved 2/7/13 REPAIR - CONT. NO. 66082 PWM14-03UTIL 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/r^m participating in contract bidding. Signature: JlyJL^X^ ItUL Print Name: Q\Cika^ 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 fumished 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 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 Cartsbad 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 ail 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 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 Wori<: Contractor agrees to start within Five (5) woricing days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within Ten (10) working days after receipt of Notice to Proceed. PIO PICO & PINE AVE STORM DRAIN Page 2 of 5 City Attomey Approved 2/7/13 REPAIR - CONT. NO. 66082 PWM14-03UTIL CONTRACTOR'S INFORMATION. PLANES, BOATS AND AUTOMOBILES, LTD. (name of Contractor) Class A 816826 (Contractor's license number) (license class, and exp, date) 800 Grand Avenue, Unit A-9 (street address) Carisbad, CA 92008 (city/state/zip) 760-801-5238 (telephone no. 760-729-5915 (fax no.) PBAIimited@Gmaii.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 AUTOMOBILES, LTD. By: CITY OF CARLSBAD, a municipal corporation ofthe State of Califomia By: (sign here) (print name/title) / ' J Assistant City Manage, D< By: (print name/title) , Deputy City Manager or Department 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 Attoi^ey BY: ^ M. DKtVVCK, MM Assistant City Attorne PlO Pico & PINE AVE STORM DRAIN Page 3 of 5 REPAIR - CONT. NO. 66082 City Attorney Approved 2/7/13 PWM14-03UTIL 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. ofthe California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: PIO PICO & PINE AVE STORM DRAIN Page 4 of 5 REPAIR - CONT. NO. 66082 City Attomey Approved 2/7/13 PWM14-03UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 Remove damaged Caltrans lid and replace with Carisbad storm drain rinq and cover 2 1 Repair damaged concrete utilizing rebar for internal strength 3 1 Repair existing three-inch angle iron and fabricate three new stanchions and replace on curb face TOTAL* $5,850 Includes taxes, fee's, expenses and all other costs. PIO PICO & PINE AVE STORM DRAIN Page 5 of 5 REPAIR - CONT. NO. 66082 city Attorney Approved 2/7/13 07/17/2013 09:29 7607297917 RBA LTD gi/Bl PROPOSAL VO: FROM: CLAYTON DOBBS KEVB^DOHERTY: 760-801-5238 COMPANY: DATR 7-16-13 FAXNTJMBER: TOTAL NO. OP PAGES INCLUDING COVKR- PHONE NUM8BR: REVISED - S/OE cosDOfft of 1^0 H«> & • URGENT • FOR REVIEW O PLBASB COMMENT • PLEASE REPLY O PLEASE RECYCLE NOTES/COMMENTS: S/E comer of Pio Pico & Pine SCOPE Repair danr^ageci drain inlet - Demo fractured top & noshig. (Two panels included) - Saw cut side wafts down 10" - ^xy In right angle epoxy coated rebar In iside waHs for new Hd - Shore & pore Rd v^th new 24" manhole lid & 3" angle iron, curb face with 3 legs for support of new Bd - Repair e)dsting angle Iron t< reuse ror>UUBOftltMA7]0UAU« $5,850.00 {Water by Q'ty of Carisbad, all permits by City of Corlsbad] Thank Yoa /Cevih Oohedy, PBA 760.801,5238 800 GRAND AVE, STE A-9 - CARLSBAD - CA - 92008 PHr 760/729-5428 FX; 760/729-7917 LICENSE # 816826