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HomeMy WebLinkAboutAyala Engineering; 2017-03-31; PWM17-84UTILTracking#: PWM17-84UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD CONT. NO. 55031 This agreement is made on the 0/st-day of ~ A c.h , 2017, by the City of Carlsbad, California, a municipal corporation, (hereinattereaie<i "City"), and Ayala Engineering, a Sole Proprietorship, whose principal place of business is 8482 East Meadowridge Street, 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. REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 1 of8 City Attorney Approved 9127/16 Tracking#: PWM17-84UTIL 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 penatties 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: LJ ~ Print Name: ~ 4~ 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 Besfs 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 Besfs 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 autoD 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. REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 2 of8 City Attorney Approved 9/27/16 Tracking#: PWM17-84UTIL 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 ten ( 1 0) 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, a sole proprietorship Ill 1/1 Ill Ill Ill Ill (name of Contractor) 959385 (Contractor's license number) A -General Engineering Contractor 3131/17 (license class. and exp. date) 1000005012 (DIR registration number) 6130/17 (DIR registration exp. date) REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 3 of8 8482 East Meadowridge Street (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 9/27/16 Tracking#: PWM17-84UTIL 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 AYALA ENGINEERING, a sole proprietorship By:L-Li/-- ' (sign~ Ricardo Ayala/Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: MARIS ChiefO I ?fEST ~:r// ~<' \ JrliwJCLA~~~ I_._ BARBARA ENGLESON tJ u '- City Clerk 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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Deputy C1ty Attorney REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 4 of8 City Attorney Approved 9/27/16 Tracking#: PWM17-84UTIL 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 be Subcontracted -/l)6/lJ6 Total o/o Subcontracted: -~ff'------7 DIR Registration No. - License No., Classification & Ex~iration Date The Contractor must perform no less than frfty percent (50%) of the work with its own forces REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. %of Total Contract CONT. NO. 55031 Page 5 of8 City Attorney Approved 9/27/16 Tracking#: PWM17-84UTIL EXHIBIT B Rehabilitate Three Sewer Manholes on El Fuerte St. & Gateway Rd. Scope includes: • Traffic control plans • Trafffic control as needed • Mobilization • Surface preparation per Ameron recommendations • Chemical grout injection for infiltration control • Installation of Ameron Arrowlock PVC lining system • Testing per Ameron recommendations • Removal & replacement of three (3) 36" three piece frames and covers • Installation of frames and covers per City of Carlsbad Standards • Paving per City of Carlsbad Standards JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. Provide labor & materials to rehabilitate three sewer $37,572 1 Job 1 manholes on El Fuerte St. & Gateway Rd; remove & replace three 36" three-piece frames & covers -City of Carlsbad to provide frames & covers. 2 3 Manholes-asset numbers: 320-26, 310-25, 310-24 TOTAL* $37,572 *Includes taxes, fees, expenses and all other costs. REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 6 of8 City Attorney Approved 9127/16 EXHIBITC LABOR AND MATERIALS BOND Tracking#: PWM17-84UTIL Bond #380824-P WHE~EAS, the.City Council of the City of Carlsbad, State of California, has awarded to Ayala Engineering (heremafter des1gnated as the "Principal"). a Contract for: REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONTRACT NO. 55031 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. WH~R.EAS, Principal has executed or is about to execute said Contract and the terms thereof require the furn1~~mg of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, prov1s1ons, 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 Developers Surety and lndemnicy Company ___________ __ _ . as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty seven thousand five hundred seventy two dollars ($37,572), 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 91 00, 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 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 time, 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 work or to the specifications. REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 7 of 8 City Attorney Approved 9/27/16 Tracking#: PWM17-84UTIL 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 /.S Executed by SURETY this 1Oth day ,_ day of IE .fA -..A .-7 '20 / 1'. CONTRACTOR: Ricardo Ayala (print name here) Owner/Ayala Engineering (title and organization of signatory) of February '20..!Z_ SURETY: Developers Surety and Indemnity Company (name of Surety) 1800 E. Lambert Rd., #210 Brea, CA 92821 (address of Surety) (714} 784-0053 -~n;pumbe~ of Surety) By:~~ (signature of Attorney-in-Fact) By: ----------~~~~--------------(sign here) Frank Morones, Attorney-in-Fact (printed name of Attorney-in-Fact) (print name here) (title and organization of signatory) (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 tor corporations. It 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 CltyAtto~ By: Deputy City Attorney REHABILITATE THREE SEWER MANHOLES ON EL FUERTE ST. & GATEWAY RD. CONT. NO. 55031 Page 8 of 8 City Attorney Approved 9/27/16 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 validitv of that document. State of Cat~ornia Countyof ~ Subscted imd sworn to (or affirmed) before me on this IS-rh- day of bru ClYk{ J \ ! 20_!1_, b proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. '@' --. SAMANTHA FOX ___ I i . COMM. # 2141031 z z ' • NOTARY PUBLIC -CALIFORNIA 3: -ORANGE COUNlY ~ l ,., ~Comm.Exp,iresJ~29,2020J 4 u (Seal) Signature,,,,._,, wv \M ...., -, , POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA do each hereby make, constitute and appoint: ***Frank Morones*** as their true and lawlul Attcmey(s)-in-Fact lo make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- shrp g;ving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therew1th as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Attorney(s)-in-F act pursuant to these presents. are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNII Y COMPANY OF CALIFORNIA, effective as of January 1st 2008. RESOLVED. that a combination of any two of the Chairman of the Board, the President Executive Vice-President Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the at\orney(s) named in the Power of Attorney to execute, on behalf of the corporations. bonds. undertakings and conl1 acts of suretyship: and that the Secretary or any Assistant Secretary or eithe! or the corporations be, and each of them hereby IS, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing nuch facsimile signatures nhall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be Signed by their respective officers and attested by their respective Secretary or Assistant Secretary this May 23, 2011 ,,~~(:(~·· Dame! Young Senter Vice-President T-':(,~ ,, ~ .. ~,,,,,~~· State of California County of Orange On ... M~YD,_2Q!..3. .... Date personally appeared . before me, ............... Qi.~.?.t§?!!l~r_NQta!Yf>\JlJiic Here Insert Name and T!t!e of the Officer ____ Q~ni~IX<Jl!~.lL~~ QLegg_~ . .Q~r~ .. Name(s) of Signer(s) ______ , __ , ____________ ., ..... ------··-··-···,.,,.,.,.,,. -·--·-··---·--w-h_o_.P, __ r_o_,v,.e •. d •• ,t.o·--m···e--o-n, __ t_h·e--b-a_s_i_s __ o-:f, s--a·t::is·-=,-a-c-to_ry __ e_v,:idence to be the person(s) whose nam;(;;·;;/~;~~~bscribed to the within instrument and acknowledged to me that he/she/they executed the same in hlsiherltheir authonzed 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 Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the torego1ng paragraph tS true and correct WITNESS my hand and official seal Signature _, -.. ~ .. ;{~ Gina L Garner. Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURFTY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CAL~ORNI:, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and. furthermore. that the prov1s1ons of the resolutions of the respectiv, Board~ of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City of Irvine. California, this 1Oth day of February, 2017 By ........... Ji!~kk Mark J Lansdon, Assistant Secretary ID-1380(Rev.05/13) CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT CIVIl CODE§ 1189 A notary publtc or other officer cmnpleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfL1iness, accuracy, or validity of that document State of California County of ··---···Ora~-~-~---········--··-·--···-··-·······--····--······-) On ·-------2=/.l()_l-~LJ __ before me, __ L. _glark!.._~_'?.!~.Y. .. ~~~!!_c? _____________________________ ......................................... . Date Here Insert Name and Title of the Officer persona fly appeared -------··-··--·---!:.r.~Q!<_!ylorone~---··········---·-_____ .................. ---·····-·-·····--·-·--·-······--···-·----·····-·-···----··········-·· Name(s) of Signer(s) who proved to rne on the basis of satisfactory evidence to be the personts) whose name(s} is/afe subscribed to the within instrument and acknowledged to me that he/ol=lo/thoy executed the same in his/flerlthe.lr authorized capacity(ies), and that by hisll=ier/tl'leir signature(:S) on the instrument the person(-s), or the entity upon behalf of which ths person(;e) acted, axacutad ths instrument. L CLARK Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and com::)ct. WITNESS my hand and official seal. Signature ____ Si9~.- OPTIONAL---------------------------- Thoug/7 this section is optlonaf, completing this information can deter alteration of the docurnent or fraudulent reattachment of this form to an unintended documemt. Description of Attached Document Title or Type of Document: -------------Document Date: ------------·--.. ·---···-····-- Number of Pag~)s: --·-Signer(s) Other Than Named Al1ove: ___ ........................ ---··------·············------··-·····-··-·--·······-···- Capacity(ies) Claimed by Signer(s) Signer's Name: ··--·-···--·-----------------------·--·----·-··---·----- Corporate Officer-Title(s): -----··-·~·-·····-·-··--------·······­ Partner ---li Limited LJ General : .-lmjivldual Xi Attorney in Fact Trustee : J Guardian or Conservator Other: -·--·-·----···--·-··········---.. --.. ····---.. -··-·----·-·-··--......... . Signer ls Representing: ___________ _ Signer's Name: ·----··---·---·-·--·-·····················----·-······---·-············ .. --·-···-············· .. ··-·-····· .... -- 1 Corporate Officer --Title(s): --···········-··········--·-------·--······- Partner --fi Umited :.J General [ !Individual Attorney in Fact J Trustee L:J Guardian or Conservator l Other: ·----·-·-·-·····--....... --.......... _______ _ Signer Is Representing: ------·····-·---------------·····--------·· @2014 Natrona! Notary Association· www.NationaiNotary.org • ·1-BOO-US NOTARY (1-800-·876-6827} Item #5907