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HomeMy WebLinkAboutConstruction Product Marketing LLC; 2021-11-02; PWM22-1680UTILPWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 1 of 7 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SUNNYHILL DRIVE WETWELL CONVERSION This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Construction Product Marketing, LLC, a limited liability company, whose principal place of business is 3625 E. Atlanta Avenue, Suite #2, Phoenix, AZ 85040 (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 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: Jesse Castaneda (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 November 2nd PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 2 of 7 City Attorney Approved 1/20/2020 Megan Ambroziak 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. 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 subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ 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 prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $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 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 3 of 7 City Attorney Approved 1/20/2020 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within one hundred twenty (120) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Construction Product Marketing, LLC (CPM) 3625 E. Atlanta Avenue, Suite #2 (name of Contractor) 324993 (street address) Phoenix, AZ 85040 (Contractor’s license number) 6/30/2023 (city/state/zip) 602-499-3584 (license class. and exp. date) N/A (telephone no.) N/A (DIR registration number) N/A (fax no.) megan@constructionproductmarketing.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 4 of 7 City Attorney Approved 1/20/2020 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 CONSTRUCTION PRODUCT MARKETING, LLC, a limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Megan Ambroziak, Contract Administrator Vicki V. Quiram, Utilities Director, as authorized by the City Manager (print name/title) By: (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 Group B Chairman, President, or Vice-President 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 Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 5 of 7 City Attorney Approved 1/20/2020 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. 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 DIR Registration No. License No., Classification & Expiration Date % of Total Contract Contract Project Management DownStream Services, Inc. 1000004632 License #: 807953, Class A, C31 and HAZ – Exp 05/31/2022 34% Total % Subcontracted: 34% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 6 of 7 City Attorney Approved 1/20/2020 EXHIBIT B Sunnyhill Drive Wetwell Conversion The scope of the project is as follows: • Mobilize inspection equipment, perform scan and measurements of Sunnyhill Drive manhole (17C-3) and provide detailed liner installation drawing to City of Carlsbad. • Design, manufacture and delivery of all liner components. • Fiberglass Reinforced Plastic (FRP) lined flat top, access collar, 42” PVC Riser, FRP line base bottom and sleeves, and all necessary liner installation appurtenances as specified in liner installation drawing. • Provide all operated and non-operated equipment required for project demolition and construction. • Apply for Right-of-Way permit (no fee) and coordinate with City of Carlsbad for traffic control. • Provide construction contractor, heavy crew with backhoe, and installation crew. Deliver, offload and stage all Predl (equal or equivalent) materials. Provide and install pipe plugs inside manhole channel inlets to stop live flow. Protect manhole from construction debris during all operations. Saw cut and remove existing pavement, subgrade and demolish existing manhole structure as required. Install FRP base liner bottom and grout into place as required, apply mastic sealant to top joint of base. Install temporary bracket for securing liner. Install Rausch (equal or equivalent) couplings into each of the three (3) FRP sleeves and restore flow to the manhole as early as possible in the liner installation process. Place PVC riser, ensuring riser is plumb and seated on to joint. Provide and place fill grout. Place FRP lined precast lid onto PVC riser. Place m/’astic sealant, apply primer and external joint wrap around riser lid to joint. Install telescopic access collar and collar gaskets as required. Install city provided frame and cover to grade. Place backfill and perform compaction per City of Carlsbad standards. Contractor will provide: • Scans of the manhole and measurements to finalize the drawing • All Predl (equal or equivalent) materials • Delivery of Predl (equal or equivalent) materials • Installation crew City will provide: • Provision of the preferred grade rings, cast iron frame and lid While this is a demonstration, the City of Carlsbad is under no obligation or commitment to use CPM to rehab any other manhole sites. With this demonstration, a 55-year warranty is included for parts and labor for this manhole rehabilitation contract. The City of Carlsbad is currently estimating how long flow can be stopped at manhole 17C-3. Given the result of the city’s estimate, night work commencing at 11 pm may be required of the CPM installation crew as a condition of this contract. The time that CPM will commence work will be at the discretion of the city. DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL SUNNYHILL DRIVE WETWELL CONVERSION Page 7 of 7 City Attorney Approved 1/20/2020 JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 CPM crew –Tools and Labor $2,000 2 LS 1 (3) 8” Rausch (equal or equivalent) Couplings $2,400 3 LS 1 Rental of Operated & Non-Operated Equipment $3,600 4 LS 1 Subcontractor – Project Management $960 5 LS 1 Grout $1,675 6 LS 1 Freight $2,900 TOTAL* $13,535 *Includes taxes, fees, expenses and all other costs. **Travel related expenditures to be followed per city policy as outlined in Exhibit “C” DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 (city ofCarlsbad Policy No. Date Issued: Effective Date: Resolution No. Cancellation Date: 2 6/27/17 6/27/17 EXHIBIT "C" Supersedes No. 4 (dated 4/4/06) Council Policy Statement Category: Specific Subject: TRAVEL POLICY PURPOSE: To establish a policy to be followed by Council Members, other elected officials, commission/board members, volunteers, and all city employees when traveling on city business. This policy supersedes all other travel policies. BACKGROUND: It is periodically necessary for city personnel to attend meetings, travel outside the city to conduct city business, and attend conferences, seminars and training sessions. Costs can vary considerably as there are various modes of transportation, various options for lodging, and relative price fluctuations among different geographic regions. The City Council has adopted a policy to control the costs involved, to ensure the expenditures are in the best interest of the public and an appropriate use oftaxpayer funds, and to compensate individuals for actual necessary expenses related to meetings and business travel. DEFINITIONS: City Business Travel shall be defined as travel which requires elected officials, members of a commission or board, volunteers, or city employees to conduct specific items of city business away from their normal place of business. City Employee means any person regularly employed by the city, excluding elected officials, members of commissions, committees, authorities or boards, and volunteers. Commissioner shall mean any person appointed by the city council to an established board, committee, authority or commission. Volunteer shall mean any person donating their time through the city's volunteer program in support of city business and as outlined in a volunteer position description. Out-of-State Travel includes all costs related to business travel outside the State of California. In-State Travel includes all costs related to business travel within the State of California. Miscellaneous Meals/Mileage includes all miscellaneous costs not directly attributable to conferences or training, such as travel to other city facilities. Page 1 of 4 PWM22-1680UTILDocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL Exhibit "C" (continued) DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL Exhibit "C" (continued) DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 PWM22-1680UTIL Exhibit "C" (continued) DocuSign Envelope ID: FE7FAB8B-5883-476E-9584-8562FC2028C4 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/18/2021 (480) 464-3438 (480) 844-9866 21415 Construction Product Marketing 3625 E Atlanta Ave, Suite #2 Phoenix, AZ 85040 126033 A 1,000,000 X 6X28779 1/4/2021 1/4/2022 300,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A 6X28779 1/4/2021 1/4/2022 2,000,000A 6X28779 1/4/2021 1/4/2022 2,000,000 A X 6X28779 1/4/2021 1/4/2022 1,000,000 1,000,000 1,000,000 B Professional Liabili ANE1638884.21 1/9/2021 Retention 5,000 1,000,000 A Equipment Floater 6X28779 1/4/2021 1/4/2022 Leased/Rented 25,000 RE: All Projects with the City The City of Carlsbad is included as additional insured with respect to General Liability when required by writtne contract per attached forms. Waiver of subrogation applies with respect to Workers Compensation when required by written contract per attached forms. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 CONSPRO-01 AMILLER LeBaron & Carroll LLC 1350 E Southern Avenue Mesa, AZ 85204 Julianna Arnett julianna@lebaroncarroll.com Employers Mutual Casualty Company Lloyds of London X 1/9/2022 X X X X X X