HomeMy WebLinkAboutPlanes, Boats and Automobiles LLC; 2014-10-27; PWM15-37PEMPWM15-37PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
MONROE POOL DRAINAGE REPAIRS
^^^^ cavof ^ /^hT^J^^ This agreement is made on the. ^ y^-^ day of C^O^/^A/y^y- . 2014, by the City
of Carisbad, California, a municipal corporation, (hereinafter called "City"), and Planes, Boats and
Automobiles, a limited liability company, whose principal place of business is 800 Grand Avenue, Ste. A-9,
Carlsbad, CA 92008 (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").
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 Zunke
(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 ofCarlsbad 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.
MONROE POOL DRAINAGE REPAIRS 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 subcontractoLfrom participating in contract bidding. r suDcontractocjrom participating in contract ov
Print Name: / / k^gU.K> \^>g>Jvgri^ l/P p/3A
Signature:
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 Califomia 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 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 Liabiiity 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 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 five (5) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within ten (10) working days after receipt of Notice to
Proceed.
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CONTRACTOR'S INFORMATION.
PLANES, BOATS AND AUTOMOBILES, LTD.
(PBA, LTD)
(name of Contractor)
816826
(Contractor's license number)
AB
(license class, and exp. date)
Expires 1-31-15
800 GRAND AVE. SUITE A-9
(street address)
CARLSBAD, CA 92008
(city/state/zip)
760-272-1507
(telephone no.)
760-729-7913
(fax no.)
pbalimited(5).qmail.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, a
limited liability company
y (sign here)
CITY OF CARLSBAD, a municipal corporation
of the State of California
Kevin Doherty, Vice President
(print name/title)
•orDepartifient 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 ofncer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREyVER,^ity Attorney
BY:
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EXHIBIT A
USTING 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:
MONROE POOL DRAINAGE REPAIRS Page 4 of 5 City Attorney Approved 2/7/13
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EXHIBIT B
Summarv
City of Carisbad operates an outdoor community pool at 3401 Monroe St. Carisbad, CA 92008. During a
recent Storm water compliance inspection, the 3"* party inspector found evidence of a violation. The
violation is a result of the pool staff spraying the pool decl< with a hose, and the discharge from the pool is
entering the storm drain system.
List of Attachments
Attachment A- Volume Calculations, and Drain Box Cut Sheet
Attachment B- Drawing
Attachment C- Photograph of Approximate Site
Scope of Work
Contractor will provide all labor, materials, and equipment as necessary to install a leach field, and catch
basin adjacent to existing drain box.
Demolition
• Saw cut and remove existing asphalt affected by the drain box and leach field installation
• Contractor shall remove and property dispose of demolished asphalt at no cost to the City.
Excavation
• Contractor shall remove and properiy dispose of any spoils generated from excavation operations
at no cost to the City.
Leach Field
• Contractor will provide and install a 12" x 12" Brooks Catch Basin with Steel Grates (See attachment
A)
• Contractor will provide and install the leach field according to Attachment B
Asphalt Patching
• Contractor will patch asphalt where removed to match existing.
Restoration
• Contractor will restore current rock landscaping where leach field is being installed back to its
current state upon completion and acceptance of the work.
*Not to Exceed Price- $5,590
'Includes taxes, fee's, expenses and all other costs.
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* Attachment A
^ m^s ^' '=d
1212 CAST IRON GRATE
PARKWAY ONLY 28 Ibs.
1212 STEEL GRATES
1212 TOP SECTION (WITH GALVANIZED FRAME)
PARKWAY
TRAFFIC
16 Ibs.
18 Ibs.
11/2"
SEE
CHART
1212 STEEL COVER
1212 LOWER SECTION (NO FRAME)
NOTE: USE 12", 18", 24", 28" LOWERS TO
INCREASE DEPTH UP TO AMAXIMUM OF 72"
PARKV*\Y
TRAFFIC
22 Ibs.
25 Ibs.
11/2"
SEE
CHART
NOTES:
1. GRATES AND COVERS AVAILABLE PAINTED BLACK OR GAtVANIZED
2. "ADA" GRATES AVAILABLE IN RARKWAY & TRAFRC
3. "HEEL PROOF" GRATES MAILABLE IN RARKWAY & TRAFRC
A. A TOP SECTION WITH FRAME MUST BE USED IF BOLr DOWN REQUIRED
TOP
SECTION HT. LBS KNOCK-OUT
1212 T6 6" 170 NONE
1212 T12 12" 275 (4) 5"XlO"
1212 T18 18" 270 (4) 8"x12"
1212 T24 24" 430 (4) 8"x15"
1212 T28 28" 380 (4) 8"x22"
EXTENSION
SECTION HT. LBS KNOCK-OUT
1212 E6 6" 170 NONE I
LOWER
SECTION HT. LBS KNOCK-OUT
1212 L12 12" 275 (4) 5"x10"
1212 L18 18" 270 (4) 8"x12"
1212 U24 24-430 (4) 8"x15"
1212 L28 28" 380 (4) 8-X22"
12"X12"
CATCH BASIN
ona Dwa DATE
04-20-95
RTV. DWtl DATE
05-18-00
1212 CB
2
ro