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HomeMy WebLinkAboutDoherty Concrete; 2016-04-06; PKRC572Project:# PKRC572, Fencing Improvements at Chase Fields Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: PKRC572, Fencing Improvements at Chase Fields CONTRACT NO. PKRC572 ACCOUNT NO. 0014610-7550 CONTRACTOR: Doherty Concrete ADDRESS: 1302 Crestridge Drive Oceanside, CA 92054 P.O. NO. P131945 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1: Increase to contract cost.. .......................................................... $3,100.00 TOTAL INCREASE TO CONTRACT COST .............................................. $3, 100.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIVE WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. Project: # PKRC572, Fencing Improvements at Chase Fields Change Order No. 1 RECOMMENDED BY: CONTRACTOR ~~ '8/5/IG FINANCE DIRECTOR (DATE) Name I Address KYLE LANCASTER CITY OF CARLSBAD 799 PINE AVE STE 200 CARLSBAD CA 92008 SCOPE OF WORK : Description DOHERTY CONCRETE General Engineering Contractor 1302 Crestridge Drive Oceanside, CA 92054 (760)433-2881 (760)535-9295 LIC # 707928 Project CHASE FIELD BACK STOPS I & 3 PROVIDE ADDITIONAL LABOR AND MATERIALS TO REMOVE AND REPLACE TEN 2 7/8 X 12 FT TERMINAL POSTS WITH FOOTINGS. TH1S IS A CHANGE ORDER TO OUR PROPOSAL 163 1855 DATED 7/22/16 Total Proposal Date Proposal# 7/22/2016 163 1994 Total 3,100.00 $3,100.00 Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FENCING IMPROVEMENTS AT CHASE FIELDS; CONT. NO. PKRC572 This agreement is made on the ~ day of ~ ftc,y..J , 20 ~ by the City of Carlsbad, California, a municipal corporation, (hereaftr called "City''), and Doherty Concrete whose principal place of business is 1302 Crestridge Drive, Oceanside, CA 92054 (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: Kyle Lancaster (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. FENCING IMPROVEMENTS AT CHASE FIELDS CONT. NO. PKRC572 Page 1 of 6 City Attorney Approved 10/6/15 Tracking#: Contractor acknowledges that California 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 olf up to five years and that debarme]J.t by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or sub~~m participating in contract bidding. Signature: · ~ P 7 Print Name: tf,{,,J,. fi l}r1J.n' 7 REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certifiication 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 B!:~st's 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 (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. Commercia! General Liability ilnsurance 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 ofifsite, 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 thls. 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 includling 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 FENCING IMPROVEMENTS AT CHASE FIELDS CONT. NO. PKRC572 Page 2 of 6 City .Attorney Approved 10/6/15 Tracking#: 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 1ncluding attorneys' fees for litigation, arbitration, or other dispute ~esolution 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II II II II II II II II II Doherty Concrete (name of Contractor) 707928 (Contractor's license number) A, C8, C13 6/30/17 (license class. and exp. date) 1000019050 (DIR registration number) 6/30/16 (DIR registration exp. date) FENCING IMPROVEMENTS AT CHASE FIELDS CONT. NO. PKRC572 Page 3 of 6 1302 Crestridge Drive (street address) Oceanside, CA 92054 ( cityistateizlp) 760-535-9295 {telephone no.) (fax no.) cwdoherty@cox. net (e-mail address) City Attorney Approved 1 0/6/15 Tracking#: 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 DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract -tid /'' :;t/;~5 tl)fl) Total % Subcontracted: 6 FENCING IMPROVEMENTS AT CHASE FIELDS CONT. NO. PKRC572 Page 5 of 6 City Attorney Approved 1 0/6/15 Name I Address KYLE LANDCASTER CITY OF CARLSBAD 799 PINE AVE STE 200 CARLSBAD CA 92008 SCOPE OF WORK: Description DOHERTY CONCRETE General Engineering Contractor 1302 Crestridge Drive Oceanside, CA 92054 (760)433-2881 (760)535-9295 LIC# 707928 Project FENCING IMPROVEMENTS CHASE FIELD CARLSBADCA !.EXTEND F1RST BASE LINE AND TIIIRD BASE LINE FENCES FROM 6 FT TO 8 FT . TOTAL 130 LNFT@40.96 WORK TO INCLUDE, REMOVAL AND DISPOSAL OF EXISTING DAMAGED 6FT WIRE. REMOVE EXISTING TOP RAlL CUT AND REINSTALL AS BRACING. SLEEVE EXISTING 2 3/8 POSTS WITH 8FT X 2 7/8 POSTS I PROVIDE AND INSTALL 130 LN FT OF TOP RAIL. PROVIDE AND INSTALL 130 LN FT OF 2 INCH 9 GAUGE 8FT HIGH CHAIN LINK FABRIC AND FITTINGS AS NEEDED. 2. RECONDITION OF TWO EXISTING 12 FT HIGH CHAIN LINK BACK STOP STRUCTURES WORK TO INCLUDE, ADDITION I ATTACHMENT OF 3 ROWS OF 2 "X 12 "DOUG FIR LUMBER TO REPLACE RUBBER MAT [THREE SIDES]. REMOVAL AND DISPOSAL OF EXISTING CHAIN LINK F ABRlC REPLACEMENT OF CHAINLlNK F ABRlC. ADDITION OF ANOTHER ROW OF 1 5/8 BRACING ABOVE LUMBER. REPLACEMENT OF CHAINLINK F ABRlC OVER EXISTING PIPE STRUCTURE. ' f PROPOSAL ACCEPTED Total BY DATE Proposal Date Proposal# 2/15/2016 163 1855 Total 5,325.00 19,500.00 ' ' $24,825.00