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HomeMy WebLinkAboutPlanes, Trains and Automobiles LLC; 2015-10-01; PWM16-25TRANPWM16-25TRAN 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 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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 Califomia Department of Industrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA-Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This isa listing of cun-ent and active PWC registrations pursuantto Division 2, Part 7, Chapter 1 (commencing with section 1720 ofthe Califomia Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: iCurrent Fiscal Year: 2016 PWC Registration Number: 11000018273 Contractor Legal Name: License Number: County: SAN DIEGO Search Contractor License Lookup Reset Search Results One registered contractor found. 1 Details! Legal Name \ View ; PLANES BOATS AND AUTOMOBILES LTD Export as: Excel | PDF \ Registration County City Number 1000018273 I SAN DIEGO i CARLSBAD Registration : Expiration Date Date 07/08/2015 1 06/30/2016 V2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Aslced Questions Jobs at DIR Conditions of Use ' Privacy Policy : Disclaimer i Disability accommodation ; Site Help Copyright ® 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 9/14/2015 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 PWM16-25TRAN 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 PWIVIie-ZSTRAN 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