HomeMy WebLinkAboutDon Hubbard Contracting Co; 2005-03-25;City of Carlsbad
MINOR PUBLIC WORKS PROJECT
Project Manager Llovd Hubbs
(760) 602-2730
Mail To:
Public Works Department City of Carlsbad 405 Oak Avenue Carlsbad, California 92008
Date Issued: March 16,2005
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DESCRIPTION
Labor, materials and equipment to Perform Roadway and Infrastructure Construction and Repairs for the CITY OF CARLSBAD RELATED TO THE WINTER STORMS OF 2005 IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A".
No job walk-through scheduled. Contractors to arrange site visit by contacting:
Project Manager: Llovd Hubbs
Phone No. /760) 602-2730
Submission of bid implies knowledge of all job terms and conditions.
Contractor acknowledges receipt of Addendum No. 1 (J, 2 (J, 3 (J, 4 (J, 5 (J.
SUBJECT TO ACCEPTANCE WITHIN (90) DAYS
Name and Address of Contractor
Don Hubbard Contractins Co. 1760) 736-3241 Name Telephone
Address Fax
101 5-A Linda Vista Drive "~lao --im - 3awz
San Marcos. CA 92069
CitylStatelZip
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f Person Authorized to sign
\EAR Title
ITEM NO. UNIT DESCRIPTION
3-r7-&b!j
Date
TOTAL PRICE
JOB QUOTATION
T&M or per Agreed
Prices
Perform Roadway and $24,999.99 Infrastructure Repairs in the City
of Carlsbad
00 1
Quote Lump Sum, including all applicable taxes. Award is by total price.
SUBMITTED BY:
Don Hubbard Contractinq Co. 172638
Contractor‘s License Number
“A General EnQineerinQ Classification(s)
Expiration Date
a msle 06/30/06
Printed Name and Title
TAX IDENTIFICATION NUMBER
(Corporations) Federal Tax I.D.#: SA- 19~97F;G-l
OR
(Individuals) Social Security #:
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CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT
PERFORM ROADWAY AND INFRASTRUCTURE REPAIRS TO CITY FACILITIES DAMAGED BY
THE WINTER STORMS OF 2005
(DON HUBBARD CONTRACTING CO INC.)
(Less than $25,000)
Labor:
I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances governing labor, including paying the general prevailing rate of wages for each craft or type of worker needed to execute the contract.
Guarantee:
I guarantee all labor and materials furnished and agree to complete work in accordance with
directions and subject to inspection approval and acceptance by: Llovd Hubbs.
(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 in 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.
False Claims
Contract 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 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 be subject to 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 wounds for the City of Carlsbad to disqualify 4he Contractor or subcontractor from participating in
contract bidding. . .-
Signature: e Y
Print Name:
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Commercial General Liability, Automobile Liability and Workers’ Compensation 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 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 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than.. . .. . ..$500,000
Subject to the same limit for each person on account of one accident in an amount not less than ....... $500,000
Property damage insurance in an amount of not less than ... ... ..$lOO,OOO
Automobile Liability Insurance in the amount of $100,000 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 clause 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 additional insured.
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 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.
... ...
... ...
...
...
...
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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: I agree to start within 3 working days after receipt of Notice to Proceed.
Completion: I agree to complete work within j2J working days after receipt of Notice to Proceed.
CONTRACTOR: CITY OF CARLSBAD a municipal
corporation of the State of California:
(address)
7ba-73b- 32f\ (e-mail address)) (telephone no.)
By:
A*.S3hlTSEClEW (print name 6nd title)
(address)
(city/stat&zip) - b4uv?’ID78
ATEST:
-4 LORRAINE M. WOC% City Clerk 3 -2s-0
6-3rl.f\
(telephone no.)
(fax no.)
7do-73
‘lb73k3M
\mntlh ,
d (e-maikddress)
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Otheiwise, the corporation must attach a resolution certified by the
secretary or assistant secretary under corporate seal empowering the officer(@ signing to bind the
corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: eputy City Attorney
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CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
State of California 1
W
On
personally appeared
personally known to me
$',roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and officigil seal.
U OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tile or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 I999 Nabbnal Wry Associalbn 9350 De soto Am., P.O. Box 2402 - Chatswolm. CA 91313-2402 * wmv.natialnotary.org Pmd. No. 5907 Reorder: Can Toll-Free 1-800-876-6827
Exhibit “A”
PERFORM ROADWAY AND INFRASTRUCTURE REPAIRS TO
CITY FACILITIES DAMAGED BY THE WINTER STORMS OF 2005
Don Hubbard Contracting Company Inc. shall perform the above-mentioned work
as directed by the City of Carlsbad Public Works Director or his designated
representative on a Time and Materials basis per SSPWC Section 3-3 Extra Work
as modified here or per supplemental written proposal per SSPWC Section 3-2.2.3
Agreed Prices and acceptance by the City of Carlsbad. This work shall be
performed in accordance with SSPWC 2003 Edition and the 2005 Supplement
thereto as modified here, City of Carlsbad Standards, and as directed by the City
of Carlsbad.
Modifications to SSPWC:
2-5.2 Precedence of Contract Documents, modify as follows: If there is a
conflict between Contract Documents, the document highest in precedence shall
control. The precedence shall be the most recent edition of the following
documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) City of Carlsbad Supplemental Provisions.
3) Plans.
4) City of Carlsbad Engineering Standards, 2004 Edition.
5) San Diego Regional Standard Drawings
6) Standard Specifications for Public Works Construction
7) Reference Specifications
8) Manufacturer’s Installation Recommendations
Change Orders, Supplemental Agreements and approved revisions to Plans and
Specifications will take precedence over items 2) through 8) above. Detailed plans
and plan views shall have precedence over general plans.
3-3 EXTRA WORK.
3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows:
Regardless of ownership, the rates and right-of-way delay factors to be used in
determining rental and delay costs shall be the edition of the, “Labor Surcharge
and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be
used as multipliers of the rental rates for determining the value of costs for delay to
the Contractor and subcontractors, if any. The labor surcharge rates published
therein are not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
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(a) Contractor‘s costs and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
Work by Contractor. The following percentages shall be added to the
(b) When all or any part of the extra work is
performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall
be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup of
5 percent on work added in excess of $5,000 of the subcontracted portion of the
extra work may be added by the Contractor.
Work by Subcontractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence:
Payment for extra work will not be made until such time that the Contractor
submits completed daily reports and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add
the following: The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or
refusal to issue a change order, or for the happening of any event, thing,
occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance
with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on
differences in measurement or errors of computation as to contract quantities. The
written notice of potential claim for changed conditions shall be submitted by the
Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s
failure to give written notice of potential claim for changed conditions to the agency
upon their discovery and before they are disturbed shall constitute a waiver of all
claims in connection therewith.
The Contractor shall provide the City with a written document containing a
description of the particular circumstances giving rise to the potential claim, the
reasons for which the Contractor believes additional compensation may be due
and nature of any and all costs involved within 20 working days of the date of
service of the written notice of potential claim for changed conditions. Verbal
notifications are disallowed.
The potential claim shall include the following certification relative to the California False
Claims Act, Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance
of the California False Claims Act, Government Code sections 12650-12655. The
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undersigned further understands and agrees that
resolved, must be restated as a claim in response
estimate in order for it to be further considered.”
By:
this potential claim, unless
to the City’s proposed final
Company Name: cf$hustr3d CO.
The Contractor’s estimate of costs may be updated when actual costs are known.
The Contractor shall submit substantiation of its actual costs to the Engineer within
20 working days after the affected work is completed. Failure to do so shall be
sufficient cause for denial of any claim subsequently filed on the basis of said
notice of potential claim.
It is the intention of this section that differences between the parties arising under
and by virtue of the contract be brought to the attention of the Engineer at the
earliest possible time in order that such matters be settled, if possible, or other
appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential
claim prior to commencing any disputed work. Failure to give said notice shall
constitute a waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to
proceeding with dispute resolution pursuant to Public Contract Code provisions
specified hereinafier, the contractor shall attempt to resolve all disputes informally
through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Public Works Director
4. City Manager
The Contractor shall submit a complete report within 20 working days after
completion of the disputed work stating its position on the claim, the contractual
basis for the claim, along with all documentation supporting the costs and all other
evidentiary materials. At each level of claim or appeal of claim the City will, within
10 working days of receipt of said claim or appeal of claim, review the Contractor’s
report and respond with a position, request additional information or request that
the Contractor meet and present its report. When additional information or a
meeting is requested the City will provide its position within 10 working days of
receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the
Contractor may proceed under the provisions of the Public Contract Code.
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The authority within the dispute resolution chain of command is limited to recommending
a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance
with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with Section 201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred
seventy-five thousand dollars ($375,000) or less which arise between a contractor
and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a
contractor and a public agency when the public agency has elected to resolve any
disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of
Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the
Civil Code, except that "public work" does not include any work or improvement
contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension,
(B) payment of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public work and payment of which is not
otherwise expressly provided for or the claimant is not otherwise entitled to, or (C)
an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans
or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to
substantiate the claim. Claims must be filed on or before the date of final payment.
Nothing in this subdivision is intended to extend the time limit or supersede notice
requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fif&y thousand dollars ($50,000), the local agency
shall respond in writing to any written claim within 45 days of receipt of the claim,
or may request, in writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and
provided pursuant to this subdivision, upon mutual agreement of the local agency
and the claimant.
(3) The local agency's written response to the claim, as further documented, shall
be submitted to the claimant within 15 days after receipt of the further
documentation or within a period of time no greater than that taken by the claimant
in producing the additional information, whichever is greater.
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(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to
three hundred seventy-five thousand dollars ($375,000), the local agency shall
respond in writing to all written claims within 60 days of receipt of the claim, or may
request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and
provided pursuant to this subdivision, upon mutual agreement of the local
agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall
be submitted to the claimant within 30 days after receipt of the further
documentation, or within a period of time no greater than that taken by the
claimant in producing the additional information or requested documentation,
whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency
fails to respond within the time prescribed, the claimant may so notify the local
agency, in writing, either within 15 days of receipt of the local agency's response or
within 15 days of the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon a demand, the local agency shall
schedule a meet and confer conference within 30 days for settlement of the
dispute.
(e) Following the meet and confer conference, if the claim or any portion remains
in dispute, the claimant may file a claim as provided in Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code. For purposes of those provisions,
the running of the period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant to subdivision
(a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended
nor shall be construed to change the time periods for filing tort claims or actions
specified by Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code.
20104.4. The following procedures are established for all civil actions filed to
resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties. The mediation process shall provide
for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any
party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial
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arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of
Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that
code. The Civil Discovery Act of I986 (Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties,
arbitrators appointed for purposes of this article shall be experienced in
construction law, and, upon stipulation of the parties, mediators and arbitrators
shall be paid necessary and reasonable hourly rates of pay not to exceed their
customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a
different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3
of the Code of Civil Procedure, any party who after receiving an arbitration award
requests a trial de novo but does not obtain a more favorable judgment shall, in
addition to payment of costs and fees under that chapter, pay the attorney's fees of
the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in
the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim
which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at
the legal rate on any arbitration award or judgment. The interest shall begin to
accrue on the date the suit is filed in a court of law.
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