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HomeMy WebLinkAboutBonsall Construction; 2009-06-17; PWGS451AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT TO REMOVE & REPLACE CONCRETE AREA AT SWIM COMPLEX Bonsall Construction PWGS451 This Amendment No. 1 is entered into and effective as of the _ jj _ day of , 2009, extending and amending the agreement dated June 17, 2009 (t0e "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Bonsall Construction, ("Contractor") (collectively, the "Parties") to Remove & Replace Concrete Area at Swim Complex. RECITALS A. On June 17, 2009, the Parties executed the letter of agreement to Remove & Replace Concrete at Swim Complex; and B. The Parties desire to alter the Agreement's scope of work to include additional concrete replacement to facilitate a safe, complete repair; and D. The Parties have negotiated and agreed to a supplemental scope of work and cost of Two Thousand Ninety dollars and Zero cents ($2,290.00) for the additional work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide the additional services as quoted. With this Amendment, the total Agreement amount shall not exceed Six Thousand Two Hundred Seventy dollars ($6,270). 2. Contractor will complete all work within thirty (30) calendar days of issuance of this amendment. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment 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 Amendment. CONTRACTOR "By: (e-mai, address) CITY OF CARLSBAD, a municipal corporation of the State of California LORRAINE W City Clerk (e-mail address) 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 Sewetacy, Assistant-Secretary, Gf:©''wAssretant 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: RONALD R. BALL, City Attorney By:A 'eputy City Attorney City Attorney Approved Version #05.22.01 Aug. 11. 2009 10:15AM BONSALL CONSTRUCTION SERVICES, INC » P.O. BOX 1085 BONSALL, CA 92003 No. 2779 P. 2 /*H/G> s PROPOSAL Date 8/7/2009 Estimate # 1 Nam*/Address CHy of Carlsbad Facilities Maintenance 4050akAve Carlsbad, CA 92008 PROPOSAL FOR EXTRA WORK AT CARLSBAD POOL Description EXTRA SQUARE FOOT FOR REMOVAL AND REPLACEMENT OP DECAL ECO PAN FOR WASHOUT DIGGING AND GRADING FOR TRENCH DRAIN DUE TO WATER AT BOTTOM Rate 1,430.00 415.00 425.00 Total 1,450.00 415.00 425.00 TOtal S2.290.oo PUBLIC WORKS LETTER OF AGREEMENT PWGS451 This letter will serve as an agreement between BONSALL CONSTRUCTION a Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete project number PWGS451 for REMOVAL & REPLACEMENT OF CONCRETE AREA AT SWIM COMPLEX, per the Contractor's proposal dated April 1. 2009 and City specifications, for a sum not to exceed THREE THOUSAND NINE HUNDRED EIGHTY dollars and ZERO cents ($3,980.00). This work is to commence upon issuance of a Purchase Order and is to be completed within five (5) calendar days thereafter. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employers liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is 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 California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, G/fvj&rniment Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. /"c6/ in it j_J»/ init 6. The Contractor hereby acknowledges that debarment by another jurisdictjdp^is/grouads for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. /^C/l/ init LJ<i init 7. 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. 8. 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 the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 Revised 9/28/00 or her in the execution of the contract. 9. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 10. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Heidi Versteeg (Project Mgr) Facilities Maintenance (Department) 405 Oak Av (Address) Carlsbad, CA 92008 Bonsall Construction A 753339 (Name of Contractor)(Contractor's License Number) By: (Print Name and Title) A/vf (E-mail Address) •p. (Print Name and Title) Ddpartment Head" I Date (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFC or assistant treasurer must sign for corporations. 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: RONALD R. BALL, City Attorney BY: Deputy City Attorney Revised 9/28/00 Apr, 1, 2009 10:51AM Nathan Enterpri ses No, 2117 P, 2 Lie # 753339 Aprall 1, 2009 City of Carlsbad Carlsbad, Ca. 92008 Fax (760) 720-9562 Attn: Glen Boodry Ret Pool repair Our bid is for the following; Remove a 10 x 10 area of pool deck and replace trench drain. Replace concrete with new. TOTAL BASE BID: $ 3,980.00 NOTES: No permits, bonds, or fees No underground utilities replacement or repair, sprinkler lines included Proposal Is binding for 30 days from the date hereof No Class II base material* nor placement of materials No traffic control No hard dirt or rock digging No work other than listed above Prevailing wage applied final quantities to be verified by field measurement Prices are based on regular work hours (M-F 8hr/day) No compaction or scarify All staking done by others Nolnbeds No backfilling or sandblasting No caulking, sealant or sealers No color or stamped concrete No layout of Others work No metal edging Thank you, Ray Valdez (760)758-2499 P.O. Box 1085 Bonsall. CaHfomift 92003 FAX (760)758-5434