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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
KELLY CHANNEL VEGETATION AND SEDIMENT REMOVAL SERVICES; CONT. NO. 7550
This agreement is made on the / " day of ( '>^r^//i^/72015, by the Cify
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Planes, Boats and
Automobiles, a limited liability company whose principal place of business is 800 Grand Avenue, Suite A-
9, Carlsbad, CA 92008 (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: Clayton Dobbs (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.
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.
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 1 of 6 City Attorney Approved 4/11/15
PWM16-25TRAN
Contractor acknowledges that Califomia Govemment Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingfy submits a false daim to a public entify. These
provisions include felse claims made with deliberate ignoraru^ of the false infonnation or in reckless
disregard ofthe truth or falsify ofthe infomiation.
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 debamient 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 subcontract^rfiipm participating in contract bidding.
Signature:
Print Name: Kev"!
ir subcontractenmm partiapatin
ir/Doherfy )^
REQUIRED INSURANCE. The successful contractor shall provide to the Cify 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 ofthe contract and must be fumished to the City
prior to the start of woric. 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-:Vir'; OR with a surplus line insurer on the State of
Califomia's List of Ajjproved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating
Guide of at least "A:/"; OR an alien non-admitted insurer listed by the National Association of Insurance
Commissioners (NAIC) latest quarteriy 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 singie limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the perfonnance of
the contract, used onsite or offeite, 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. 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 UABILITY. Woricers' Compensation limits as
required by the Califomia Labor Code. Woriters' 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 indemnity and
hold hannless the City, and its officers and employees, firom all claims, loss, damage, injury and liability of
every kind, nature and description, directfy or indirectly arising from or in connection with the performance
of the Contract or wori<; or from any feilure or alleged failure of Contractor to compfy with any applicable
law, rules or regulations including those related to safefy 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 worit covered by the Contract, except for loss or damage caused by the sole or active
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 2 of 6 Cify Attomey Approved 4/11 /15
PWIV116-25TRAN
negligence or wilWul misconduct of the City. The expenses of defense include all costs and expenses
including attomeys fees for litigation, arbitration, or other dispute resolution method.
riiSlf ^f^!!' T?® ^^''^t'^^ ^^'^ ^'^ ''^'•^^y stipulates that the proper venue and jurisdiction for
CaSoS ''^'^^ ^"^'"^ °^ agreement is San Diego County.
Stert Wori<: Contractor agrees to stert within 5 woridng days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work vwthin 10 woridng days after receipt of Notice to Proceed.
CONTRACTOR'S INFORMATION,
PLANES BOATS & AUTOMOBILES,
(PBA, LTD)
(name of Contractor)
816826
(Contractor's license number)
CLASS A, B
(license class, and exp. date)
EXPIRES 1-31-2017
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ni
III
800 GRAND AVE. SUITE A-9
(street address)
Carisbad, CA. 92008
(city/state/zip)
760-729-7913
(telephone no.)
760-729-7913
(fax no.)
pbalimited@gmail.com
(e-mail address)
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 3 of 6 Cify Attomey Approved 4/11/15
;heck A License - License Detail - Contractors State License Board Page 1 of
Contractor's License Detail for License # 816826
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this
information, you should be aware of the following limitations.
Business Information
PLANES BOATS & AUTOMOBILES LTD
800 GRAND AVE #A9
CARLSBAD, CA 92008
Business Phone Number:(760) 272-1507
Entify Corporation
issue Date 01/28/2003
Expire Date 01/31/2017
License Status
This license is current and active.
Ml information beiow shouid be reviewed.
Classifications
A - GENERAL ENGINEERiNG CONTRACTOR
B - GENERAL BUlLDiNG CONTRACTOR
Bonding Information
Contractor's Bond
fhis license filed a Contractor's Bond with BUSINESS ALLIANCE INSURANCE COMPANY.
3ond Number: G201501151368
Sond Amount: $12,500
Effective Date: 01/15/2015
IContractor's Bond History
Bond of Qualifying Individual
The Responsible Managing Officer (RMO) FILES GILBERT RAY certified that he/she owns 10 percent or more ofthe voting
stock/equity ofthe corporation. A bond of qualifying individual is not required.
Effective Date: 01/28/2003
Workers' Compensation
rhis license is exempt from having workers compensation insurance; they certified that they have no employees at this time.
Effective Date: 01/12/2015
Expire Date: None
Workers' Compensation History .
Other
Personnel listed on this license (current or disassociated) are listed on other licenses.
ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=816826 9/14/201
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1000018273 I SAN DIEGO i CARLSBAD
Registration : Expiration
Date Date
07/08/2015 1 06/30/2016
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PWM16-25TRAN
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warant that they have the legal power, right and actual authorify to bind
Contractorto the tenns and conditions of this Agreement.
CONTRACTOR
PLANES BOATS & AUTOMOBILES. LTD.
a limited liability company
By:
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
(sign here)
Kevin Doherty / Vice President - Seffetary
(print name/title)
Patrick A. Thomas / Public Worths Director
as authorized by the City Manager
By:
(sign here)
Ray Files / President
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. JLl
corporation. Agreement must be signed by one corporate officer from each ofthe follovwng two groups:
Group A
Chainnan,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Othenvise, the corporation must attach a resoiution 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 ^
BY
Assistant City Attome
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 4 of 6 City Attomey Approved 4/11/15
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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 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 periformed under the contract in excess of one-half of one percent ofthe bid, the contractor
shall be deemed to have agreed to perfonn such portion, and that the Contractor shall not be
pennitted to sublet or subcontract that portion ofthe work, except in cases of pubtic 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
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:
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 5 of 6 Cify Attomey Approved 4/11/15
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EXHIBIT B
SCOPE OF WORK
Contract work is generally described as removal of vegetation and sediment firom the Keify Drive concrete
lined trapezoid channel, located southeast of Kelly Drive and Patk Drive. /Ml wori< shall be in conformance
with the Carlsbad Engineering Standards and the city's existing permit for cleaning. The wori< must be
completed between September 15* and October 1*'.
• Remove all debris, vegetation and sediments from top to bottom of trapezoid
channel
• Contractor is responsible for BMP installation per CASQA specifications and the
City of Carlsbad Engineering Standards.
• All traffic control will be provided by the contractor per MUTCD spedfications,
including sidewalk closures.
• Posting of "No Parking" sign must be 72 hours before work is to proceed.
• Haul and proper disposal all debris, vegetation and sediments using a sealed or
diapered truck.
• Public right-of-way, work site and staging areas will be cleaned by contractor daily.
• Work to be completed within 5 days between September 15*" and October 1^,
2015.
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 1 LS SEE ABOVE $21,450.
TOTAL* $21,460.
''Includes taxes, fee's, expenses and all other costs.
KELLY CHANNEL VEGETATION AND
SEDIMENT REMOVAL SERVICES Page 6 of 6 Cify Attomey Approved 4/11/15