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HomeMy WebLinkAboutAyala Engineering; 2015-01-26; PWM15-54PEMPWM15-54PEM CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT TAMARACK BEACH BATHROOM CONCRETE SEWER STRUCTURE REHABILITATION CONTRACT NO. 45081 This agreement is made on the. ^day of CM'A^^. \/ , 2015, by the City of Carisbad, California, a municipal corporation, (herein^jefcalled "City"), ai^eT'Ayala Engineering, a sole proprietorship, whose principal place of business is^6482 E. Meadowridge St. Anaheim, CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all worit 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 perfomi 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 tenns and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled woriters and abide by all State laws and City of Carisbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Zunke (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a ^Ise claim to a public entity. These provisions include false claims made with deliberate ignorance of the false infonnation or in reckless disregard of the truth or falsity of the information. The provisions of Carisbad 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. TAMARACK BEACH BATHROOM CONCRETE Page 1 of 5 City Attorney Approved 2/7/13 SEWER STRUCTURE REHABILITATION CONT. NO. 45081 PWM15-54PEM Contractor hereby acknowledges that the filing of a false daim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented firom further bidding on public contracts for a period of up to five years andiha^debannent by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or^bcJontractor from partidpatiTjg in co^(A bidding. Signature: Print Name: y^<=^/ZJky /^yxi. REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, 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 worit. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-: V and (2) are admitted and authorized to transact the business of insurance in the State of Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the perfonnance of the aantract,^ 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 Carisbad as an additional insured. 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 perfonnance 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, irijury and liability, howsoever the same may be caused, resulting directly or irulirectly from the nature of the worit covered by ttie 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 ottier dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between ttie parties arising out of this agreement is San Diego County, California, Start Work: Contractor agrees to start within three (3) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within three (3) working days after receipt of Notice to Proceed. TAMARACK BEACH BATHROOM CONCRETE Page 2 of 5 City Attorney Approved 2/7/13 SEWER STRUCTURE REHABILITATION CONT. NO. 45081 CALIFORNIA ALL-PURPOSE ACKNOV/LEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate venfies only ths identity of the Indlvirinal whn cinnoH th. document to which this certificate is attached, and not tha truthfulness'accuracy or vIliX oflhat dlument' " State of California County of _ on c\m. \^,0m Date personally appeared before me. . Here Insert Name and Title of the Officer 0 . , Here Insert Nai Name(s^f Signer(s) lh.r?K 2. ^K""^ Z^^-^ ^^^'^ °^ satiKfactory evidence to be the person(/whose name(/d9/are sgscr bed to the within instrument and acknowli^dged to me that b^/she/th^ executed th/same a l^er/their authorized capacity(i^), and that by b^/her/their signature?) on the insTument the^ l^the entity upon behalf of whicf the personj^ Idled, executed the i);iltrument. personJ^Q, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I >«iBe5K TIANA M. LOPEZ 1 WITNESS my hand and oflicial sa COMM. #2081838 NOTARY PUBLIC - CAUFORNIA 3: ORANGE COUNTY My Comm. Expires Sept. 16,2018 Signature Place Notary Seal Above OPTIONAL - Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer - Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer - Title(s): • Partner ~ • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotsry.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM15-54PEM CONTRACTOR'S INFORMATION. AYALA ENGINEERING 8482 E. MEADOWRIDGE ST. (name of Contractor) 959385 (street address) ANAHEIM, CA 92808 (Contractor's license number) A (city/state/zip) 714-823-7179 (license class, and exp. date) Exp. 3-31-15 (telephone no.) 714-912-4571 (fax no.) ricardo@aYalaenqineerinq.com (e-mail address) AUTHORITY. The individuals executing this Agreement and tiie instmments 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 ENGIJSIE^RING, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of Califomia By: Ricardo Ayala/Owner - Sole Proprietor (print name/titie) Assistant City Managcri Deputy City Manager •ef Department Director as authorized by the City Manager Patrick Thomas By: (sign here) (print name/titie) 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 tiie secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind ttie corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorhew TAMARACK BEACH BATHROOM CONCRETE SEWER STRUCTURE REHABILITATION CONT. NO. 45081 Page 3 of 5 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE AGKNOV/LEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate vei-ifies only ths identity of the individual who sioned the this certificate is attached, and not the truthfulness, accuracy, or validity of Ihat do^umerlt State of California County of _OXOLnM. ) On^aY\ n,?/1^^before.e,rSfAV^(X M- U()^ , , Here Insert Name hnd Title of Date personally appeared Nhtmefs of the Officer (s) of^igner(s) ?hc^K w . 1""® Z- ^^^'^ °^ satijifactory evidence to be the person^) whose name^^A/are ^^^^^f- ^° •'''l^'" '"^t^r/nt and acknowl,3dged to me that ^/she/tly executed tK^e n ^is^er/their authorized capacityifes), and thatbyg^/her/their signaturl) on the instrument the nersoSgT or the entity upon behalf of wh'^h the per^s) mled, executed the instrument persor^, f ^^^jOE^ flANA M. LOPEZ l/C^^ COMM. #2081838 i 1 ^^HOT NOTARY PUBLIC - CAUFORNIA 5 'ZN^^/ ORANGE COUNTY « I ^«s»^yy(jg„n, Expires Sept. 16,2D181 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 oflicial se; Signatun Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Capacity{ies) Claimed by Signer{s) Signer's Name: Document Date: • Corporate Ofl^icer - Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer - Tit!e(s): • Partner ~ • Limited • General • individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotsry.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM15-54PEM 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 pennitted to sublet or subcontract that portion of the woric, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of tiie Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of tiie Subletting and Subcontracting Fair Practices Act (Sedion 4100 et seq. of tiie Califomia Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: TAMARACK BEACH BATHROOM CONCRETE SEWER STRUCTURE REHABILITATION CONT. NO. 45081 Page 4 of 5 City Attorney Approved 2/7/13 PWM15-54PEM EXHIBIT B JOB QUOTATION Location: Work site is located at the City leased public restroom at Tamarack State Beach. Restroom is located at the comer of Tamarack Ave. and Carisbad Blvd. Scope of Work: Mobilization of all Labor and Equipment Confined Space Entry Compliance Removal of Existing Frame and Cover Enlarge existing opening for new Frame and Cover Installation of Re-bar as necessary Provide and Install new 24" Composite Frame and Cover Placement of new concrete collar Surface preparation on interior of concrete structure per manufacturer's recommendations, and Sauereisen is the manufacturer of the lining product. Rebuild existing stmcture to original dimensions Application of Sauereisen 210 Epoxy Lining System per City of Carisbad Standards Final Testing per Manufacturers recommendations. ITEM NO. •.crnr,. DESCRIPTION PRICE 1 EA 1 Rehabilitate Existing Conaete Sewer Stiucture $5,300.00 TOTAL* $5,300.00 includes taxes, fee's, expenses and all other costs. TAMARACK BEACH BATHROOM CONCRETE SEWER STRUCTURE REHABILITATION CONT. NO. 45081 Page 5 of 5 City Attorney Approved 2/7/13