HomeMy WebLinkAboutZamborelli Enterprises Inc; 2005-06-09;DOC# 2006-0662756
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
SEP 18, 2006 3:36 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH COUNT','1 RECORDER
FEES: 0.00
PAGES: 1
Space above this line for Recorder's use.
PARCEL NO:
NOTICE OF COMPLETION
223 200 32 00
223 200 32 10
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work or improvement on the property hereinafter described was completed on August 1, 2006.
6. The name of the contractor for such work or improvement is Zamborelli Enterprises, Inc.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: Rancho Santa Fe Road Fill Failure at
Agua Dulce project, City of Carlsbad project no. 1001, FHWA project no. KJK-CBD-001-1.
8. The street address of said property is in the City of Carlsbad.
CITY OF CARLSBAD
COtfRAD C. HAMIvTANN, JR.
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on ^"^Q plo-rrv~cJL>fr"\ i£>^. 20£>Co . accepted the above
described work as completed and ordered thai a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on iSo ptfov\(beA ^200U . at Carlsbad, California.
CITY OF CARLSBAD
CONTRACT
PUBLIC WORKS
120s This agreement is made this 9 .+ day of Jd ~JL
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and Zamborelli Enterprises, Inc. whose principal place of business is 31877 Circle Drive, S. Laquna
Beach, CA 92651 (hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work as designed and directed by Testing
Engineers-San Diego, Inc. and Earth Support Systems, Inc. on a cost plus materials basis as shown
in "Exhibit A.
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.
3. Contract Documents. The Contract Documents consist of this Contract and Exhibit A; which
is incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and any supplements thereto hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each
month. The total fee to the contractor shall not exceed $950,000 without an approved amendment to
this contract. The contractor will be compensated on a time and material basis as shown in Exhibit
A, and markups shall not exceed 10%
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated.
Differing Conditions. Subsurface or latent physical conditions at the site differing from those
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Co~a~r~~~~~~~~~he~~n~ 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 relating 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.
- ti tee
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $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 auto insurance certificate must state the coverage is for "any auto''
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of 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.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. 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.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. 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.
(F) Carlsbad Municipal Code. 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.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. 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.
I have read and understand all provisions of Section 11 above- init init
12. Alternate Security for a Labor and Materials Bond. The City has determined that a cash
deposit of $250,000 is an appropriate security that can be substituted for a Labor and Materials Bond
due to the emergent nature of this contract. The condition of this obligation is such that if the
Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or
teams used in, upon, for, or about the performance of the work contracted to be done, or for any
other work or labor thereon of any kind, consistent with California Civil Code section 3181, 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 City 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 3248.
13. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter 1 , Article
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place
of business as specified above, Contractor shall so inform the City by certified letter accompanying
the return of this Contract. Contractor shall notify the City by certified mail of any change of address
of such records.
14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
15. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
16. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
17. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACH ED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation
ZRm~UL; EfaRWs
(name of Contractor)
By:
(sign here)
(print name and title)
By:
(sign here)
(print name and title)
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 the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Debuty City Attorn&
EXHIBIT "A"
April 26,2005
ZEI Est. NO. 05 1-05 T&M R2
CITY OF CARLSBAD
5950 El Camino Real
Carlsbad, CA 92008
Ph: (760) 602-2780 ext. 7321
Fx: (760) 438-4178
% Attn: Skip Hammann
RE: AGUA DULCE SLIDE REPAIR
Carlsbad, CA
Pages: total f
Dear Mr. Hammann:
In accordance with our site meeting and conversations, Zamborelli Enterprises, Inc. (ZEI)
proposes to complete work on a Time and Materials contract. The following pages list the Time
and Material rates and conditions for the proposed work. The Time and Materials Contract is in
accordance with our conversations, our scope of work, and the attached special clarifications:
SCOPE OF WORK:
Field Fabricate Tieback Pockets.
0
Machine Drill & Place Soldier Piles. Soldier Piles Furnished by Others.
Furnish & Install Timber Lagging.
Machine Install Tiebacks per Plans. Tieback Materials Furnished by ZEI.
Tension Tiebacks in accordance with design furnished by Earth Support Systems, Inc.
TIME AND MATERIAL RATES:
1. Equipment
Earthdrill Th55 (Operated with Oiler) $375.00/Hour
Tieback Machine (Operated) $375.00/Hour
900 cfm Compressor $325.00/Day
Reach Forklift $375.00/Day
375 Air Compressor $200.00/Day
Service Truck(s): $ 70.00/Day
Welding Machine: $ 1 lO.OO/Day
Small Tools: $ 150.00/Day
90 Ton €UT (bare rental to remove casings) $825.00/Day
Front End Loader (to move drill spoils) $350.00/Day
Vibratory Hammer and Powerpack $225.00/Day Standby $950.00/Day in operation
Crane mats (for level access on drill pad) $ 1 O.OO/each per day
Supplemental Equipment if required:
AGUA DULCE SLIDE REPAIR
Page 2 of3
April 26,2005
ZEI Est. NO. 051-05 T&M R2
2.
3.
4.
5.
6.
7.
8.
9.
Mobilization - Demobilization for equipment.
Mobilization and Demobilization shall be billed cost plus 10% to and from the
equipment’s point of origin.
MINIMUMS: ZEI Personnel will be paid a 4 or 8 hour minimum.
Drilling tools, supplies, or any materials transported by ZEI to and from the jobsite will be at
the following rates, portal to portal, including loading and unloading time:
1 Ton Pickup wl trailer $ 75.00/Hour
40’ Flatbed $ 85.00/Hour
5-Axle $1 1 O.OO/Hour
Any fabrication or repairs to drilling tools or casings completed at the jobsite or at ZEI’s yard
will be charged at $1 05.00hour plus materials.
Drilling tool accessories such as teeth, pilots, pockets, blocks, etc. will be charged as
consumable items at cost plus 10%.
A daily report will be completed by the ZEI authorized representative (copy attached). This
report shall be submitted to the Contractor’s Representative for approval daily. Lack of
Contractor’s signature does not invalidate daily reports.
Labor:
Emdoyees Hourly Rate O/T Prem. DIT Prem.
(Saturday) (Sunday)
Superintendent $75.00 $35.00 $75.00
Operator $70.00 $35.00 $70.00
Oiler $70.00 $35.00 $70.00
Laborer $60.00 $30.00 $60.00
*Subsistence shall be billed at $75/man day for days worked over 10 hr shifts.
Costs for material, rental equipment, subcontractor invoices, shipping costs, small tools
and other miscellaneous items not listed above will be charged at cost plus 10%.
10.
1 1.
Payment schedule shall be mutually agreed upon between ZEI and the Contractor prior
All work to be accomplished under the direction of the Contractor’s Representative.
AGUA DULCE SLIDE REPAIR
Page 3 of3
April 26,2005
ZEI Est. NO. 05 1-05 T&M R2
We wish to thank you for giving us the opportunity of quoting on this project and we hope that
we may be of service.
Respectfully submitted, ACCEPTED:
MBORELLI ENTERPRISES, INC. CITY OF CARLSBAD
Brad Suburu By:
Project Manager Title:
Date:
Attachments:
*:* ZEI Standard Conditions (2 pgs)
BKS Bid: 05 14STBcM R2