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HomeMy WebLinkAboutSancon Technologies Inc; 2015-05-01; PWM15-65UTILPWM15-65UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE SEWER MAIN SECTiON UNDERNEATH RAILROAD TRACKS FROM DATE AVENUE TO VISTA/CARLSBAD INTERCEPTOR; CONT. NO. 5503 of Carlsbad, Califomia, a municipal corporation, (hereinafter called^ity"), and Sancon Technologies, a California corporation whose principal place of business is 5841 Engineer Drive, Huntington Beach, CA 92649 (hereinafter called "Contractor"). This agreement is made on the I ^ day of t^X^lx^ , 2015, by the City of Carlsbad, Califomia, a municipal corporation, (hereinafter called^ity"), and Sancon Technologies, Inc., City and Contractor agree as follows: DESCRIPTION OF WORK. Rehabilitate approximately 189 linear feet of eight inch gravity sewer main that flows underneath the railroad tracks from Date Avenue to the Vista/Carlsbad Interceptor (manholes 160-1 to 16C-2). 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 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: Don Wasko (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 ofthe 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 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. REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 1 of 7 City Attorney Approved 2/7/13 PWM15-65UTIL 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 Carlsbad to disqualify the Contractor or sub/e(5nTi^tor from participating in contract bidding. Signature: Print Name: Chuck Parsons - President 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 furnished to the City priorto 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. For contractor's work being completed within the railroads right-of-way, contractor shall provide the required insurance, to the railroad satisfaction, to the minimum limits required. 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 Carlsbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay ali 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 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 2 of 7 City Attorney Approved 2/7/13 CONTRACTOR'S INFORMATION. SANCON TECHNOLOGIES, INC. (name of Contractor) 774055 (Contractor's license number) A, C-31 (license class, and exp. date) Exp 1/31/16 PWM15-65UTIL CHUCK PARSONS, GENERAL MANAGER 5841 ENGINEER DRIVE (street address) HUNTINGTON BEACH, CA 92649 (city/state/zip) 714-231-3630 or 714-891-2323 (telephone no.) 714-891-2524 (fax no.) ch uck(5)sancon .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 ofthis Agreement. CONTRACTOR SANCON TECHNOLOGIES, INC., a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) Chuck Parsons / President (print name/title) ftcfg L.'(i\ Afifiintnnt City Mnnngrr. Di~pMTyCity MnnaQf'r ot-DepdiLiiitiiiL DiiuUur m B^lth"ri7'=^rH hy thp city Managfir. Kathryn B. Dodson By; (sign here) Gary Drew / Secretary 3ARBARA ENGUESON City Clerk (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. REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 3 of 7 City Attorney Approved 2/7/13 Public Work's Contractor Registration Search Page 1 of 1 Division of Labor Standards Enforcement Public Works Contractor Registration Searcli This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the Califomia Labor Code. Enfer af least one search criteria to display active registered public wortis contractor(s) matching your selections. Registration Number: Contractor Legal Name: Contractor License Lookup License Number: 774055 Ssarch | .Reset Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date SANCON TECHNOLOGIES, INC 1000008879 CSLB:774055 02/09/2015 06/30/2015 Export as: Excel j PDF ("op.vrisht i : 2014 Stale o('{ alifornia https://efiling.dir.ca.gov/PWCR/Search.action 4/9/2015 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 774055 IISCLAIMER: 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. Business Information SANCON TECHNOLOGIES INC 5841 ENGINEER DR HUNTINGTON BEACH, CA 92649 Business Phone Number;(714) 891-2323 Entity Corporation Issue Date 01/25/2000 Expire Date 01/31/2016 License Status This license is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR 031 - CONSTRUCTION ZONE TRAFFIC CONTROL Bonding Information Contractor's Bond This license filed a Contractor's Bond with HANOVER INSURANCE COMPANY. iBond Number: BLF9336013 Bond Amount: $12,500 Effective Date: 11/25/2011 Contractor's Bond History Bond of Qualifying Individual f he Responsi^^^^^^ voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 11/06/2012 iBQI's Bond History ^ Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9018172 lEffective Date: 07/13/2014 lExpireDate: 07/13/2015 Workers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. ;ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum-774055 4/9/20 leck A License - License Detail - Contractors State License Board Page 2 ol ;ps://wvm2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=774055 4/9/20 PWM15-65UTIL 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 ofthe 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 NONE Total % Subcontracted: REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 4 of 7 City Attorney Approved 2/7/13 PWM15-65UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 189' Cured in Place Liner, 4.5mm thickness $19,201 2 Mechanical cleaning of cast iron section under the RxR tracks $ 4,200 3 Vacuum tanker truck pumping of sewage during the lining process $ 5,000 4 RxR Permits/special insurance/RxR flaggers/contractor railroad safety training (required to work on railroad easement. $ 5,530 5 Labor/Material Bonds $ 678.62 TOTAL* $34,609.62 *lncludes taxes, fee's, expenses and all other costs. See attached proposal details & location map. REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 5 of 7 City Attorney Approved 2/7/13 SANCON TECHNOLOGIES. INC, GENERAL ENGINEERING CONTF?ACTOR Tei: (714) 891-2323 STATE CONTRACTORS LICENSE #774055 Fax: (714) 891-2524 BID # BT15177(revised) Date: February 25,2015 EXHIBIT B To: City of Carlsbad Attention: Don Wasko Phone: (760) 438-2722 Emaii: Don.Wasko@caHsbadca.gov Project: RR Easement 8" (Date Ave.) Based on infomiation furnished to Sancon plus a review of the job site, please find below our proposal to rehabilitate the designated 189' long section of ex. 8-inch VCP / a Sewer from a US MH 16C-1 to DS MH 16C- 2 as detailed further below. Our proposal includes: • Prevailing wage / certified payroll if required. Standard insurance coverage up to $4 Million • Bypass using vacuum tankers. Procurement of water meter for our work • Passing out a notice to property owners that have laterals connected to the segment being lined • Pre-video of sewer main just prior to lining to confirm and document immediate acceptability for lining. • Install Sancon CIPP liner at 4.5 mm thickness. Robotic reconnection of active HC's within lined pipe. • Final video inspection to confirm successful CIPP liner installation and lateral re-instatement. Assumptions / Notes: • It should be noted that the condition of the host CI/DI pipe is very poor. Heavy duty mechanical cleaning is necessary to attempt removal of mineral / cast iron build up. Damage to the host pipe may be sustained during cleaning. City accepts all risk related to pipe cleaning and resulting damage from same. • The resulting QPP liner may show defects that are not removed during cleaning and this shall be acceptable for this project. • We assume the pipe will be Unable after heavy mechanical cleaning (no video of CI/DI available) • Normal working hours M - F 7 AM to 5PM • City to coordinate safe and legal access to all manhole US and DS required for our woric including bypass • This quotation shall become part: of any future Contract, Agreement or Purchase order This proposal excludes: • BMP's, Survey and StaWng, Preparing As-builts, Posting No parking or posting public notices. • Excavation type point repairs of any kind, if required, including pit construction / restoration. • Standby or work outside of our scope will be billed at $200.00 / man-hour which is inclusive of equipment Pricing: Liner Installation: $19,201.00 (lump sum) CIP Cleaning: $4,200.00 (lump sum) Vacuum Tanker Bypass: $5,000.00 (includes 2 trucks) RR Permits / special insurance / flaggers / training: $5,530.00 (lump sum) Payment and Performance Bonds $678.62 Total $34,609.62 PRICE IS BASED ON ONE MOBIUZAHON. ADomoNAL MOBIQZATIONS BIU.ED AT: $4,950.00 EACH. PRICE IS BASED ON RETENTION BEING WITHHELD A MAXIMUM OF 90 DAYS AFTER COMPLEHON OF OUR WORK. PRICE IS FIRM FOR A PERIOD OF THIRTY DAYS FROM RECEIPT. PAYMErfT TERMS NET 30 DAYS OR PER CONTRACT. Respectfully Submitted, Accepted By: Date: Chuck Parsons Sancon Tedinologies, INC. P0:_ 5841 Engineer Drive Huntington Beach, CA 92649 Map Drawer iMfoR HANSEN8 2/26/201515:08 EXHIBIT B Asset Current: Layers Legend Tool: / Stre Street select Zoom Level: 6 OfS Scale 1 : 3135 Photo Contents 04/105 http://hansenweb/hansen8/prinLhtm 2/26/2015 PWM15-65UTIL EXHIBIT C LABOR AND MATERIALS BOND 1028654 WHEREAS, the City Council of the City of Carlsbad, State of Califomia, has awarded to Sancon Technologies, Inc. (hereinafter designated as the "Principal"), a Contract for: REHABILITATE SEWER MAIN SECTION UNDERNEATH RAIROAD TRACKS FROM DATE AVENUE TO VISTA/CARLSBAD INTERCEPTOR in the City of Carlsbad, in strict confomnity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the temris thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW THEREFORE, WE, SANCON TECHNOLOGIES, INC., as Principal, (hereinafter designated as the "Contractor"), and HANOVER INSURANCE COMPANY as Surety, are held fimily bound unto the City of Carlsbad in the sum of Thirty Four Thousand Six Hundred Nine Dollars and Sixty Two Cents ($34,609.62), said sum being an amount equal to: One hundred percent (100%) ofthe total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, fimily by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the perfomiance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the ternis of the Contract, or to the work to be perfbmied hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. REHABILITATE SEWER MAIN; ^ norrn^ CONT. NO. 5503 Page 6 of 7 City Attomey Approved 2A7/13 PWM15-65UTIL In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this of , 2015. CONTRAaOR: SANCON TECHNOLOGIES, INC. .day .day Bv: C^)^' (njhme of Contractor) (sign here) Executed by SURETY this 9TH of MARCH , 2015. SURETY: HANOVER INSURANCE COMAPNY (name of Surety) 5 HUTTON CENTRE DRIVE, SUITE 1060 SANTAANA,cM^°f^"^«*V) 714-415-3808 (print name here) (telephone. numkJej/of Surety) By: id organization of signatory) ^signature ^f Attorney-l Michael R. Langan Ict) (print name here) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney REHABILITATE SEWER MAIN; CONT. NO. 5503 Page 7 of 7 City Attomey Approved 2/7/13 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the ktentity of the individuai who signed the document to whi^ ttiis certificate is attached, and not the truttiftjiness. accuracy, or validity of that document. State of Califomia County of Los/^des J On IWMlC^ "^jlOiS before me. ^"i^^ iC^ (insert name and title of ttie offi<»r) personally appeared Michael R. Langan who proved to me on ttie basis of satisfactory evklence to tie the person^whose xmvB^ is/are- subscril)ed to the within instalment and acknowledged to me ttiat he/she/thoy executed tiie same in his/hfcrftheir auttiwized capacity(»»), and tfiat by hisftiorfthcir signatur^^on the instalment ttie personX9)ror ttie entity upon behalf of which the persorn^acted, executed the instrument I certify under PENALTY OF PERJURY under tiie laws of ttie State of Cal'rfbmia tiiat ttie foregoing paragraph is true and correct WITNESS my hand and official seal. ' RA(HIELilOJIS \ COMM. #1980954 z Notary PuWic • CaHtwna g Los Angeles Cour% •* My C«nm. Expires June 27.201&f Signature (Seai) ACKNOWLEDGMENT 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 Orange J On March 24, 2015 before me, C.Vizcarra, A Notary Public (insert name and title of the officer) personally appeared Chuck Parsons and Gary Drew who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C.VIZCARRA Commi8.ion NO. 1996629 ^ NOTARY PUBUC-CALIFORNIA 2 ORANGE COUNTY I My C0««.Expir« OCTOBERS^ J (Seal)