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HomeMy WebLinkAboutAyala Engineering; 2015-06-04; PWM15-90UTILPWM15-90UTIL CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY (9B-46 AND 9B-58); CONT. NO. 5503 This agreement is made on the ^-^^ day of C J(//1 , 2015, by the City of Carlsbad, Califomia, a municipal corporation, (hereinaft^r)cal1ed "City"), and Ayala Engineering, a sole proprietorship, whose principal place of business \f^d2 E. Meadowridge St., Anaheim, CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perfonn all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project") on State Street Alley near Coaster Station to include the retrofit of sewer manhole 9B-46 to install debris box and the retrofit of sewer manhole 98-58 to install Duran Intemal Drop System. 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: Don Wasko (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. The Prime 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. RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 1 of 6 City Attorney Approved 4/1/15 PWM15-90UTIL 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 Califomia 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 Carisbad to disqualify the Contractor orsjJbcontractor from participatipg in contract bidding. Print Name: j?/£./9/ZJ)0 X^C^CQC^ Signature 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 Califomia 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 insurers that have a cun-ent Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of Califomia'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. INDEMNITY. The Contractor shall assume the defense of, pay ail expenses of defense, and indemnify and hold harmless the City, and its officers and emptoyees, 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 RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 2 of 6 City Attorney Approved 4/1/15 PWM15-90UTIL of the Contract or wori<; or from any failure or alleged failure of Contractor to comply with any applicable law, mles 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 20 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. AYALA ENGINEERING (name of Contractor) 959385 (Contractor's license number) A-3/31/2017 (license class, and exp. date) 8482 E. MEADOWRIDGE ST. (street address) ANAHEIM, CA 92808 (city/state/zip) 714-823-7179 (telephone no.) 714-912-4571 (fax no.) Ricardo(3>Avalaenaineering.com (e-mail address) /// /// /// /// /// /// /// /// /// RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 3 of 6 City Attomey Approved 4/1/15 leck A License - License Detail - Contractors State License Board Page 1 o] Contractor's License Detail for License # 959385 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a \mk tor complaint disclosure will appear below. Clicl< on th' link or button to obtain complaint and/or legal action information. Per B&P 7071,17 , only constaiction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information AYALA ENGINEERING 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Business Phone Number:(714) 823-7179 Entity Sole Ownership Issue Date 03/29/2011 Expire Date 03/31/2017 License Status This license is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESCO INSURANCE COMPANY. iBond Number: 04WB016962 iBond Amount: $12,500 Effective Date: 03/17/2013 Contractor's Bond History Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2016 Workers' Compensation History ;ps://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicNum=959385 5/13/20 Public Work's Contractor Registration Search Page 1 of 1 \y Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant lo Division 2, Part 7, Chapter 1 (conimencing with section 1720) of the Califomia Labor Code. Enter at least one search chteria to display active registered public works contractorfs) matching your selections. Registration Number: Contractor Legal Name: Contractor License Lookup License Number: 959385 ( Search || Reset \ Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date AYALA ENGINEERING 1000005012 CSLB:959385 01/08/2015 06/30/2015 Export as: Excel | PDF f'opyright 1' 2014 Htate of ( alifornia https://efiling.dir.ca.gov/PWCRySearch.action 5/13/2015 PWM15-90UTIL 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 ~y (signjiep^ (print nerme/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California Patrick A. ThomasJ'Public Works Director as authorized by the City Manager (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. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorr^y RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 4 of 6 City Attomey Approved 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 County of _ On KHAy 2^^^^ U^S before me, ' Here Insert Name and Title of the Officer Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thg^jersonj^ whose name(gf^fe^re "subscribed to the within Tnftrumeht and ackfTowl^ged to me tha1(^she/tKey executed the same in /higher/their authorized capacityO;^), and that b\(hii)her/their signatur^^^on the instrument the personfs^, '^-er the entity upon behalf of which the personfe) acted, executed the instrument. PHILIP STERBLING COMM. #2075746 ? NOWRVPUBUCCAUFORNIAI •J: 0RAN6EC0UNTY " 1 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. ) ''^ 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 Titie or Type of Document: Number of Pages: Signer(s) Other Than Named Above: CapacltyOes) 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.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 PWM15-90UTIL 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-hatf of one percent of the total bid, and the portion ofthe 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 ttie 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 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: RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 5 of 6 City Attomey Approved 4/1/15 PWM15-90UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT DESCRIPTION PRICE 1 1 Retrofit manhole 9B-46 to install debris box $14,400 2 1 Retrofit manhole 9B-58 to install Duran Intemal Drop System $4,800 3 2 Install two Pam-Rex frames and covers $3,950. TOTAL* $23,150 'Includes taxes, fee's, expenses and ali other costs. RETROFIT TWO SEWER MANHOLES ON STATE STREET ALLEY CONT. NO. 5503 Page 6 of 6 City Attorney Approved 4/1/15 EXHIBIT B AYALA ENGINEERING UCENSE #959385 "uilR Meddowridge St Anaheim CA. 92808 Phone (714) 823-7179 Fax (714) 912-4571 May 1, 2015 City of Carlsbad Attention: Jesse Castaneda Jesse.Castaoeda@Carlsbadca.gov (760) 802-8200 Project: State Street Alley MH# 9B-S8 Modifications Intemal Drop Installation AT MRIf 9&46 Scope: Demo of Existing Manhole Base and Form and Pour Concrete Debris Structure Rehabilitation of Two Existing Manholes with Sauereisen Epoxy Lining System Furnish and Install Duran Intemal Drop System in Existing Sewer Manhole Ayala Engineering is registered with The Department of Industrial Relations as Laborers Ayala Engineering is a Union Contractor in Compliance with Local Prevailing Wages City of Carlsbad Business License Traffic Control Plans City of Carlsbad Right of Way Permit Mdjilization of all Labor and Equipment Confined Space Entry Procedure Installation of intemal by-pass tube Saw cut and denso existing base +/-18" below current invert elevation Form and Pour new Debris Structure within existing dimensions of MH #9B-54 Chemical Grout Injection if ground water is present Surface preparation per manufactures recommendations Installation of false floor to prevent debris from entering collection system Removal of existing manhole steps Manholes to be resurfaced to original dimensions Manhole benches to be re-built to edge of debris bo.\ Manholes to be lined using Sauereisen 210 Epoxy Lining System Testing per manufacturers recommendations Fumish all Hardware and Piping to Install the Duran Intemal Drop System Demo of existing Frames and Covers Fumish and install two Pam-Rex frame and covers Disposal of existing hardware Traffic Control as needed Access 10 gated site provided by the City of Carlsbad Pricing: 9B-S8 Modifications and Rehabilitation 514,400.00 9B-46 internal Drop and Rehabilitation S4,800.00 install 2 Pam-Rex Frame and Covers S3.950.00 Total: $23,150.00 Sincerely, Ricardo Ayala RicardotSAvalaenginecring.com Map Drawer iMfoFR HANSEN 8 5/7/2015 09:46 Asset EXHIBIT B VISTA< Current: Layers Legend Tool: select stre Zoom Level: 6 ^, , of 8 St""®®* Scale 1 : Bound; 3135 Photo Contents 0^/105 Descrip http://hansenweb/hansen8/print.htm 5/7/2015 Map Drawer iMfo R HANSEN 8 5/7/2015 09:15 Assets EXHIBIT B Current; Layers Legend Tool: ^ Stre Street y select Zoom Level: 6 of 8 Scale 1 : Bound; 3135 Photo Contents 04/105 http://hansenweb/hansen8/print.htm 5/7/2015