HomeMy WebLinkAboutAyala Engineering; 2016-05-09;PWM16-92UTIL
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
THREE MANHOLE MODIFICATIONS AND REHABILITATIONS; CONT. NO. 5503
This agreement is made on the q -¥l day of t\t::t>:( , 2016, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ayala Engineering, a sole
proprietorship, whose principal place of business is 8482 East Meadowridge St., Anaheim, CA 92808
(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)
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.
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503 Page 1 of 8 City Attorney Approved 2/29/2016
PWM16-92UTIL
~ALSE 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 contractor from partic·pating 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 (LASU) 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 tess 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.
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
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503 Page 2 of 8 City Attorney Approved 2/29/2016
PWM16-92UTIL
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 ten (10) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION
Ayala Engineering
IIi
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
(name of Contractor)
959385
(Contractor's license number)
A, 3/31/2017
(license class. and exp. date)
1000005012
(DIR registration number)
6/30/2016
(DIR registration exp. date)
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503 Page 3 of8
8482 E. Meadowridge St.
(street address)
Anaheim, CA 92808
(city /state/zip)
714-823-7179
(telephone no.)
714-912-4571
(fax no.)
Ricardo@Ayalaengineering.com
(e-mail address)
City Attorney Approved 2/29/2016
PWM16-92UTIL
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.
Ricardo Ayala I Owner
(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
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.
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503 Page 4 of 8 City Attorney Approved 2/29/2016
PWM16-92UTIL
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 Business Name and Address DIR Registration
be Subcontracted
#./I
Total % Subcontracted: ---:;l'p/'------7
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503
No.
Page 5 of 8
License No., %of
Classification & Total
E~iration Date Contract
City Attorney Approved 2/29/2016
SCOPE OF WORK
EXHIBITS
THREE MANHOLE MODIFICATIONS AND REHABILITATIONS
CONTRACT NO. 5503
Modify and rehabilitate manholes 98-56, 23A-67 and 47C-15. This work includes:
PWM16-92UTIL
• Install internal bypass tube, saw cut and demo existing base, 18" below current elevation,
installation of #4 steel mat.
• Form and pour debris structure to catch debris within existing dimensions of manhole, manhole
benches to be rebuilt to edge of debris box within manhole.
• Form and pour debris structure to catch debris within existing dimensions of manhole, manhole
benches to be rebuilt to edge of debris box within manhole.
• Perform surface prep, demo and install new frame and cover on manhole 47C-15.
• Installation of Ameron Arrowlock where needed to repair existing t-lock base, application of
Saureisen Epoxy to perform manhole rehab where needed.
• Testing per manufacturers recommendations for both systems.
JOB QUOTATION
ITEM UNit QTY .. DESCRIPTION PRICE
NO. .. . .
1 1 LS Laguna/State St MH #98-56 (10" Debris box and full $8,950.00
rehab w/ epoxy)
1 1 LS Cannon Pump Station MH# 23-A67 (18" Debris box and $10,075.00
T /lock base rehab)
1 1 LS 8atiquitos P.S. MH# 47 -C15 (24" Debris box, new frame $10,850.00
& cover, epoxy rehab)
TOTAL* $29,875.00
*Includes taxes, fees, expenses and all other costs.
THREE MANHOLE MODIFICATIONS &
REHABILITATIONS; CONT. NO. 5503 Page 6 of 8 City Attorney Approved 2/29/2016
PWM16-92UTIL
EXHIBITC Bond #71778689
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of CaHfornia, has awarded to Ayala Engineering
{hereinafter designated as the "Principal"), a Contract for:
THREE MANHOLE MODIFICATION AND REHABILITATIONS
CONTRACT NO. 5503
in the City of Carlsbad. in strict conformity 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 terms 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, Ayala Engineering, as Principal, (hereinafter designated as the "Contractor"),
and Western Suret~ ComQany as Surety, are held firmly bound unto the City of
Carlsbad in the sum of twenty nine thousand eight hundred seventy five dollars ($29,875), said sum being
an amount equal to: One hundred percent {100%) of the 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, firmly 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 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 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 labors that the Surety will 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 California 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 alteration or addition to the terms of the
Contract, or to the work to be performed 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 wort< or to the specifications.
THREE MANHOLE MODIFICATIONS &
REHABIUTATIONS; CONT. NO. 5503 Page 7 ofS City Attorney Approved 212912016
PWM16-92VTIL
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 oond.
Executed by CONTRACTOR this
day of ----------' 20 __ .
CONTRACTOR:
Ricardo Ayala
(print name here)
Owner
(title and organization of signatory)
By: __________ ~--~--------------(sign here)
(print name here)
(title and organization of signatory) ·
Executed SURETY this 22nd _day
·--'-A.;J:.p..c.;.ri:....l -------· 20_1§_.
SURETY:
Western Sur~tl:: Compan.x:
(name of Surety)
1800 E. Lambert Rd., #21 0 Brea, CA 92821
(address of Surety)
(714} 784-0053
By.Jr~)
(signature of Attorney-in-Fact)
Frank Morones
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of
attorney)
(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:
/,/_,. .. ...=··"·;
CELl ' A. BREWEJ;(r;iSity bJ:torney ~~~:;.;···' ' ',/ ;;:/ .z:~~//
THREE MANHOLE MODlFICATiONS &
REHABILITATIONS; CONT. NO. 5503 Page8of8 City Attorney Approved 212912016
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Frank Morones, Lidia Brown, Individually
of Brea, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of June, 2015.
State of South Dakota
County of Minnehaha
WESTERN SURETY COMPANY
On this 9th day of June, 20 15, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
February 12, 2021
S. Eich, Notary Publk.
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation print~~ the reverse hereof is stil~ in force. In testimony whereof I have heremlt\J :'lltJsc:·iboo
my name and affixed the seal of the said corporation this ;2.).. day of A~ f \. \ , 2-o I ~ .
WESTERN SURETY COMPANY
Fonn F4280-7-2012
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
§ 1189
Xl~:ct'd.'''ft<l;;i';;C:\;:,tli?<~~k>':O'J'\';:;:~'!:;~\'f>~'!i;~:;o_(>,J:;~~<IJ3'.74i<'A:~'i';;';(~A'·ir~£>'§<i'\'{",C.,~&il:~kiX'k$£~~~£',~£.i~L""i('"v£/(,;&'J<'~i~~1£<'J:i-(\~.;,r,'(~&:lQX~"i
or other offlcnr the
of ··--····· 0~~-~-~-~-........... ....... ...... . . ..
__ 'J/~-?::t~r>..lJ?~--berore me, __ L_. _glark: .. ~.<?.!~!'.Y.~~~Ii_c:; ______ ............. :·· ........................ .
Late Here Insert Name and Ttt!e thfl
appeared .............................. F .... r .... a ..... n ...... k .. ~M .... ~o~ro~n~e~s"~---····················································~~-·-· --~~-··· ......... --................. --.. -.................... ~ .............. ..
Name(s) of Signer(s)
,.,,_.,_,,,,,,,,,,,_,_ """"""'""'''''-O~O~O<O<"~"-"''-"'_"_'_""""''MO,~O~OOOOM>OO~OOO-•"u-O-OO<ooOOoO~o"''''''_'_'''''_'_'''"'"'_' _ _,,,,_,_ '~'''''''-'"'f-'''~'''''~·-·"'''~'"''0<h>O .. MO"'"'-""''"'"'''"'"'"'"''"'-'''~'"'~'''''''"
to rne on the bas,is of to be the personts) whose is/l:l:fe
to the instrurnent and acknowledged to rne that he/che/thoy
his/l!ie:n'theclr authorized capacity(ies), and that his/her/their on the rnstrun·1ent the "''-~~"''''n'""''
or th.e upon behalf Qf which the
unc!er F}ENALTY OF PERJURY undt1t" the laws
of California that the 1·rw·p,nn1
is true and corrr:)ct.
L. CLARK -""'~t
Commission # 199683~ ~
Notary Public -Cal!forma ~
Los Angeles County ~
WiTNESS my and
My Comm. Expires Nov 28, 2016 _
Place Sea! Above
--··----+~--~---~-----~-OPTIONAL----------
4
frw..tdufcnt reattachment of this form tel an unintondod docwnont.
S!gner(s) OU\er Than Named Alx)Ve:
rn Fact
Guardian or Conservator
Name: ................ .
·r,vnnvc'~"' Officer .. ...
Partner ....... Lin1itecl
Trustee
tlle docun1ent or
Othflr: ···--··-·~ ......... ·-·-····--................. -.... ·---
Signer Is Representing: ........................................ ...
Notary Association • • ·1--BOO-US NOTARY !tern #5907
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 f'"·--?O
County of C?~¢VL4 '--
before me, D. VV\.\1 rc0c!!09w fJ\.rJ~c( QV\B& {
(insert name and title of the officer)
personally appeared~~=~~-~~~~~~~·~~~~~~~~~~~~~~~~~~~~
who proved to me on the basis of satisfactory evidence to be the ~i9o.Rfs1Wfiose na , s
subscribed to the within instrument and acknowledged to me that<Refshe/they executed th arne in
~er/their authorized capacit¥{ie5f.and that bclfils/her/their signatu~~mnhe instrument the
perso~},--oflhe entity upon behalf of which the persQ.D.(s1-aeted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. _______ ---;
/ /'